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HomeMy WebLinkAbout2015-09-22; City Council; 22092; Amending Section 21.05.030 Zone Change R-1 to RD-M Tamarack Avenue Zone 1CITY OF CARLSBAD - AGENDA BILL 13 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 ONE FAMILY RESIDENTIAL (R-l) TO RESIDENTIAL DENSITY MULTIPLE (RD-M) FOR 0,38 ACRE PARCEL LOCATED AT 438 TAMARACK AVENUE, WITHIN LOCAL FACILITIES MANAGEMENT ZONE 1, DEPT, DIRECTOR CITYATTORNEY |^ CITY MANAGER RECOMMENDED ACTION: Adopt Ordinance No. CS-284, amending section 21.05.030 ofthe Carisbad Municipal Code by an Amendment to the Zoning Map to grant a Zone Change from one Family Residential (R-l) to Residential Density Multiple (RD-M) for 0.38 acre parcel located at 438 Tamarack Avenue, within Local Facilities Management Zone 1. ITEM EXPLANATION: Ordinance No. CS-284 was introduced and first read at the City Council meeting held on September 1, 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 of the ordinance published within fifteen days, if adopted. FISCAL IMPACT: See AB #22,077 on file in the Office ofthe City Clerk. ENVIRONMENTAL IMPAa: Pursuant to CEQA, staff conducted an environmental assessment ofthe proposed zone change to determine potential impacts on the environment. The zone change is located on a property that was designed with the General Plan RMH land use designation when the city's General Plan was adopted in 1994. The potential environmental effects of land uses allowed per the RMH land use designation were adequately analyzed by the previously certified EIR for the City of Carlsbad General Plan Update, Mark 1994, EIR 93-01. Pursuant to CEQA Section 15183, no further environmental analysis is required for projects that are found to be consistent with a General Plan for which an EIR has been previously certified. See AB#22,077 on file in the Office ofthe City Clerk. EXHIBIT: 1. Ordinance No. CS-284. DEPARTMENT CONTACT: Shelley Collins 760-434-2808 Shelley.Co!lins(S)carisbadca.gov FOR CITY CLERKS USE ONLY COUNCIL ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED • • • CONTINUED TO DATE SPECIFIC • . CONTINUED TO DATE UNKNOWN • RETURN ED TO STAFF • OTHER-SEE MINUTES • EXHIBIT 1 ORDINANCE NO. CS-284 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING SECTION 21.05.030 OF THE CARLSBAD MUNICIPAL CODE BY AN AMENDMENT TO THE ZONING MAP TO GRANT A ZONE CHANGE FROM ONE FAMILY RESIDENTIAL (R-l) TO 4 RESIDENTIAL DENSITY MULTIPLE (RD-M) FOR 0.38 ACRE PARCEL LOCATED AT 438 TAMARACK AVENUE, WITHIN LOCAL FACILITIES 5 MANAGEMENT ZONE 1. CASENAME: HENKINS ZONE CHANGE CASE NO; ZC 15-01 The City Council ofthe City of CaHsbad, California, does ordain as follows: WHEREAS, the City Council did on the 1st day of Sept.2015, hold a duly noticed public hearing as prescribed by law to consider said request; and 11 WHEREAS, said application constitutes a request for a Zone Change as shown on 12 Exhibit "ZC 15-01 - HENKINS ZONE CHANGE," dated June 17, 2015, attached hereto and made a part hereof; and 14 WHEREAS at said public hearing, upon hearing and considering all testimony and 15 arguments, if any, of all persons desiring to be heard, said City Council considered all factors 16 17 relating to the "ZC 15-01 - HENKINS ZONE CHANGE." 18 NOW, THEREFORE, the City Council of the City of CaHsbad does ordain as follows: 19 SECTION I: That section 21.05.030 of the Carlsbad Municipal Code, being the zoning map, is amended as shown on the map marked "ZC 15-01 - HENKINS ZONE CHANGE," dated June 17, 2015 attached hereto and made a part hereof. SECTION II: That the findings and conditions of the Planning Commission in 20 21 22 23 24 Planning Commission Resolution No. 7107 shall also constitute the findings and conditions ofthe 25 City Council. 26 27 28 -1-2 1 EFFECTIVE DATE: This ordinance shall be effective no sooner than thirty days 2 after its adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it 3 to be published at least once in a publication of general circulation in the City of Carlsbad within fifteen days after its adoption. (Notwittistanding the preceding, this ordinance shall not be effective until approved by the California Coastal Commission.) INTRODUCED AND FIRST READ at a regular meeting ofthe CaHsbad City Council 4 5 6 7 8 onthe 1st dayof September 2015, and thereafter. 9 10 11 12 13 14 /// 17 18 19 20 22 23 24 25 26 27 28 /// /// /// /// 15 /// 16 /// /// /// /// 21 /// /// /// /// /// /// 3 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 AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the 22nd day of September . 2015, by the following vote, to wit: AYES: Council iviei/rbers Hall, Blackburn, Schumacher, Wood, Packard. NOES: ABSENT: APPROVED AS TO FORM AND LEGALITY: CEUA A. B , City Attorney MATT HALL, Mayor ATTEST: ARBARA ENGBLSON, City Clerk Exhibit "ZC 15-01' June 17, 2015 ZC 15-01 Henkins Zone Change A \ \ 'P \ \ \ \ 1^ ^ \ \ OS RD-IVI-Q \ ^: \ A .^•» \ V • ' R-l < \ •< \ V-; \ \. A K--^' .RI3-IVI - - • >'.-.>-a>-» A EXISTING A. \ \ \ %X \ \ \ %RD-M \ \ X % \ \ OS RD-IVl-Q R-3 .A '"\ \ A"'-- \ V' •, v-\ \ < ^RD-IVIk' "9, /-'\ \ -ViV^P^' - v.; XA-'R-r PROPOSED Related Case File No(s): LCPA 15-01 Zoning Designation Changes Property From: To: A. 204-280-23 R-1 RD-M B. 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 regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: September 17th, 2015 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated ar Oceali~itie, California On This 17th, of tember 2015 Jane Allshouse The San Diego Union Tribune Legal Advertising This space is for the County Clerk's Filing Stamp Proof of Publication of Summary of Ordinance No. CS-284 per Government Code §36933(c) An Ordinance of the City Council of the City of Carlsbad, California, amending section 21.05.030 of the Carlsbad Municipal Code by an amendment to the zoning map to grant a zone change from one family residential (R-1) to Resi- dential Density Multiple (RD-M) for 0.38 acre parcel located at 438 Tamarack Avenue, within Local Facilities Management Zone 1 The proposed ordinance amends section 21.05.030 of the Carlsbad Municipal Code by amending the zoning map for one parcel (APN 204-280-23; 438 Tamarack Ave- nue) to change the zone from R-1 (One Family Residential) to RO-M (Residential Density Multiple). The purpose of the proposed zone change Is to Implement the existing General' Plan land use designation, which Is RMH (Residential Medium High Density; 8-15 dulac). The RMH land use designation has applied to the property since at least 1990. The property contains two existing dwelling units. Access to the site is provided by two driveways from Tamarack Avenue. No development Is pro- posed as part of the zone change. This property Is located In the Coastal Zone, therefore, the ordinance approving the zone change will not become effective until the California Coastal Commission approves the related Local Coastal Program Amendment. A certified copy of the full text of the proposed ordinance Is posted in the Office of the City Clerk, 1200 Carlsbad Village Drive, Carlsbad, CA 92008. Publish September 17,2015 J- 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 regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: September 26th 2015 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at Oceanside, California On This 28th; 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 Summary of Ordinance No. CS-284 per Go""rnrnent Code §36933(c) An <?rdinance of the City Council of the City of Carlsbad, California, amending sectoon 21 .05.030 of the Carlsbad Munkipal Code by an arnendrnentto the zon- ong map to grant a zone change from one family residential (R-1) to Residential Density Multiple (RO-M) for 0.38 acre parcel located at 438 Tamarack A""nue, within local Facilities Management Zone 1 The proposed ordinance amends section 21.05.030 of the Carlsbad Municipal Code by amending the zoning mapforone parcel (APN 204-280-23; 438TamarackAvenue) to change the zone from R-1 (One Family Residential) to RO-M (Residential Density Multople). The purpose of. the propo~ zone change is to Implement the existing General Plan land use desognatoon, whoch is RMH (Residential Medium High Density· 8-15 dulac). The RMH ian~ use desi!J~atlon has applied to the property since at least 1990. The property contaons two exostong dwelling units. Access to the site Is provided by two driveways from Tamarack Avenue. No develorment Is proposed as part of the zone change. This property Is located on the Coasta Zone, therefore, the ordinance approving the zone change will not become effective until the California Coastal Commission approves the related local Coastal Program Amendment. A certified copy of the full text of the proposed ordinance is posted In the Office of the City Clerk, 1200 Carlsbad Village Drive, Carlsbad. CA 92008. PASSED AND ADOPTED at a Regular Meeting of the City Council of the City of Carls- . bad, Cahfornoa, on the 22nd day of September, 2015, by the following vote, to wit: AYES: Hall, Blackburn, Schumacher, Wood, Packard. NOES: ABSENT: pub: 9/26/15