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
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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WITHDRAWN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
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WHEREAS at said public hearing, upon hearing and considering all testimony and
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arguments, if any, of all persons desiring to be heard, said City Council considered all factors
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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
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24 Planning Commission Resolution No. 7107 shall also constitute the findings and conditions ofthe
25 City Council.
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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
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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
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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
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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.
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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