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HomeMy WebLinkAbout2015-08-25; City Council; 22072; Amending Section 21.05.030 Limited Control to Open Space Parcel A B C College Boulevard, Sunny Creek Road, Cannon Road Zone 15CITY OF CARLSBAD - AGENDA BILL 14 AB# 22,072 MTG. 8/25/15 DEPT. Clerk ADOPTION OF ORDINANCE AMENDING SECTION 21.05.030 OF THE CARLSBAD MUNICIPAL CODE BY AN AMENDMENT TO THE ZONING MAP TO GRANT A ZONE CHANGE FROM UMITED CONTROL (L-C) TO OPEN SPACE (OS) FOR PARCEL A (1.0 ACRES), PARCEL B (0.84 ACRES) AND PARCEL C (8.81 ACRES) ON A 17.44-ACRE SITE (16.43 NET ACRES) LOCATED NORTH OF THE INTERSECTION OF COLLEGE BOULEVARD AND SUNNY CREEK ROAD AND SOUTH OF THE INTERSECTION OF CANNON ROAD AND COLLEGE BOULEVARD, WITHIN LOCAL FACILITIES MANAGEMENT ZONE 15. DEPT. DIRECTO CITY ATTORNEY CITY MANAGER RECOMMENDED ACTION: Adopt Ordinance No. CS-282, amending section 21.05.030 ofthe Carlsbad Municipal Code by an Amendment to the Zoning Map to grant a Zone Change from Limited Control (L-C) to Open Space (OS) for Parcel A (1.0 acres). Parcel B (0.84 acres) and Parcel C (8.81 acres) on a 17.44-acre site (16.43 net acres) located north of the intersection of College Boulevard and Sunny Creek Road and south of the intersection of Cannon Road and College Boulevard, within Local Facilities Management Zone 15. ITEM EXPLANATION: Ordinance No. CS-282 was introduced and first read at the City Council meeting held on July 28, 2015. The second reading allows the City Council to adopt the ordinance which will become effective thirty days after adoption. The City Clerk will have the ordinance or a summary ofthe ordinance published within fifteen days, if adopted. FISCAL IMPACT: See AB #22,056 on file in the Office ofthe City Clerk. ENVIRONMENTAL IMPACT: Pursuant to Public Resources Code Section 21065, this action does not constitute a "project" within the meaning of CEQA in that it has not potential to cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and therefore does not require environmental review. EXHIBIT: 1. Ordinance No. CS-282. DEPARTMENT CONTACT: Shelley Collins ^0-434-2808 Shelley.Collins@carisbadca.gov FOR CITY CLERKS USE ONLY / r COUNCIL ACTION: APPROVED CONTINUEDTO DATE SPECIFIC • DENIED • CONTINUEDTO DATE UNKNOWN • CONTINUED • RETURNED TO STAFF • WITHDRAWN • OTHER-SEE MINUTES • AMENDED • EXHIBIT 1 ORDINANCE NO. CS-282 1 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, 2 CAUFORNIA, AMENDING SECTION 21.05.030 OF THE CARLSBAD MUNICIPAL CODE BY AN AMENDMENT TO THE ZONING MAP TO GRANT A ZONE CHANGE FROM UMITED CONTROL (L-C) TO OPEN SPACE (OS) FOR PARCEL A (1.0 ACRES), PARCEL B (0.84 ACRES) AND PARCEL C (8.81 ACRES) ON A 17.44-ACRE SITE (16.43 NET 5 ACRES) LOCATED NORTH OF THE INTERSECTION OF COLLEGE BOULEVARD AND SUNNY CREEK ROAD AND SOUTH OF THE 6 INTERSECTION OF CANNON ROAD AND COLLEGE BOULEVARD, WITHIN LOCAL FACILITIES MANAGEMENT ZONE 15. CASE NAME: COLLEGE BOULEVARD MITIGATION CASE NO.: ZC 14-01 g The City Council of the City of Carlsbad, California, does ordain as follows: WHEREAS, the City Council did on the 28th day of July hold a duly 11 noticed public hearing as prescribed by law to consider said request; and WHEREAS, said application constitutes a request for a Zone Change as shown on 13 14 15 16 27 arguments, if any, of all persons desiring to be heard, said City Council considered all factors 18 relating to the "ZC 14-01 - COLLEGE BOULEVARD MITIGATION." NOW, THEREFORE, the City Council of the City of Carlsbad does ordain as follows: 26 27 28 Exhibit "ZC 14-01 - COLLEGE BOULEVARD MITIGATION," dated June 3, 2015, attached hereto and made a part hereof; and WHEREAS at said public hearing, upon hearing and considering all testimony and SECTION I: That section 21.05.030 of the Carlsbad Municipal Code, being the zoning map, is amended as shown on the map labeled "ZC 14-01 - COLLEGE BOULEVARD 19 20 21 22 23 24 MITIGATION," dated June 3, 2015, attached hereto and made a part hereof. 25 SECTION II: That the findings and conditions of the Planning Commission in Planning Commission Resolution No. 7103 shall also constitute the findings and conditions of the City Council. .1. 1 EFFECTIVE DATE: This ordinance shall be effective no sooner than thirty days 9 10 11 12 13 after its adoption, and the City Clerk shall certify to the adoption ofthis ordinance and cause it to be published at least once in a publication of general circulation in the City of Carlsbad within fifteen days after its adoption. INTRODUCED AND FIRST READ at a regular meeting ofthe CaHsbad City Council 7 onthe 28th dayof Julv 2015. and thereafter. 8 /// /// /// /// /// 14 /// 15 /// 16 17 18 19 20 22 23 24 25 26 27 28 /// /// /// /// 21 /// /// /// /// /// /// 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 25th day of August, 2015, by the following vote to wit: AYES: NOES: Hall, Blackburn, Schumacher, Wood, Packard. None. ABSENT: None. ABSTAIN: None. APPROVED AS TO FORM AND LEGAUTY CELIA A. BREWER, City Attorney MATT HALL, Mayor ATTEST: BARBARA ENGLESON/City Clerk Exhibit "ZC 14-01" June 3, 2015 ZC 14-01 College Boulevard Mitigation R-1-0.5Q L-C ^ RD-M R-1-0.5Q L-C / L-C f or • /,o # ijj ' M ^ L-C /,o # ijj ' M ^ C-L V RD-M EXISTING R-1-0.5Q L-C / RD-M R-1-0.5Q / ^' OS L-C # UJ hi L-C C-L V, RD-M °S PROPOSED Related Case File No(s): GPA 14-02 / HDP 14-04 / SUP 14-03 / HMP 14-02 / MS 14-10 Zoning Designation Changes Property From: To: A. 209-060-71 L-C OS B. 209-060-72 L-C L-C/OS C. 5 PROOF OF PUBLICATION {2010 & 2011 C.C.P.) STATE OF CALIFORNIA County of San Diego I am a citizen of the United States and a resident of the County aforesaid: I am over the age of eighteen years and not a party to or interested in the above-entitled matter. I am the principal clerk of the printer of The San Diego Union Tribune Formerly known as the North County Times and UT North County and which newspaper has been adjudicated as a newspaper of general circulation by the Superior Court of the County of San Diego, State of California, for the City of Oceanside and the City of Escondido, Court Decree numbers 171349 & 172171, for the County of San Diego, that the notice of which the annexed is a printed copy (set in type not smaller than nonpariel), has been published in each regula r and entire issue of said newspaper and not in any supplement thereof on tile foi ;vwmg dates, to-wit: - September 05th, 2015 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at Oceanside, California On This OSth, of September 2015 Jane Allshouse The San Diego Union Tribune Legal Advertising This space is for the County Clerk's Filing Stamp Proof of Publication of ORDINANCE NO. CS-282 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING SECTION 21.0S.030 OF THE CARLSBAD MUNICIPAL CODE BY AN AMENDMENT TO THE ZONING MAP TO GRANT A ZONE CHANGE FROM LIMITED CONTROL (L-C) TO OPEN SPACE (OS) FOR PARCEL A (1.0 ACRES), PARCEL B (0.84 ACRES) AND PARCEL C (8.81 ACRES) ON A 17.44-ACRE SITE (16.43 NET ACRES) LOCATED NORTH OF THE INTERSECTION OF COLLEGE BOULEVARD AND SUNNY CREEK ROAD AND SOUTH OF THE INTERSECTION OF CANNON ROAD AND COLLEGE BOULEVARD, WITHIN LOCAL FACILITIES MANAGEMENT ZONE 15. / CASE NAME: COLLEGE BOULEVARD MITIGATION CASE NO.: ZC 14-01 The City Council of the City of Carlsbad, California, does ordain as follows: WHEREAS, the City Council did on the 28th day of July, 2015 hold a duly noticed pub- lic hearing as prescribed by law to consider said request; and WHEREAS, said application constitutes a request for a Zone Change as shown on Ex- hibit 'ZC 14-o1 -COLLEGE BOULEVARD MITIGATION; dated June 3, 2015, attached hereto and made a part hereof; and WHEREAS at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said City Council considered all factors relating to the 'ZC 14-01 -COLLEGE BOULEVARD MITIGATION.' NOW, THEREFORE, the City Council of the City of Carlsbad does ordain as follows: SECTION 1: That section 21 .05.030 of the CarlsQad Municipal Code, being the zoning map, is amended as shown on the map labeled 'ZC 14-o1 -COLLEGE BOULEVARD MITIGATION; dated June 3, 2015, attached hereto and made a part hereof. SECTION II: That the findings and conditions of the Planning Commission In Planning Commission Resolution No. 7103 shall also constitute the findings and conditions of the City Council. EFFECTIVE DATE: This ordinance shall be effective no sooner than thirty days after Its adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be published at least once In a publication of general circulation In the City of Carlsbad within fifteen days after Its adoption. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the 28th day of July, 2015, and thereafter. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carls- bad on the 25th day of August, 2015, by the following vote, to wit: AYES: Hall, Blackburn, Schumacher, Wood, Packard. NOES: None. ABSENT: None. ABSTAIN: None. APPROVED AS TO FORM AND LEGALITY Is/CELIA A. BREWER, City Attorney /s/MATI HALL, Mayor ATIEST: Is/BARBARA ENGLESON, City Clerk (SEAL) pub: 9/05/15