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Home My WebLink About2017-03-28; City Council; ; Poinsettia 61-Adoption of Ordinance No. CS-316CA Review~ CITY COUNCIL Staff Report Meeting Date: March 28, 2017 To: From: Staff Contact: Subject: Case Name: Case No. Mayor and City Council V Kevin Crawford, City Manage}t Sheila Cobian, City Clerk Services Manager sh eil a.cobian@carlsbadca.gov or 760-434-2917 Adopt Ordtnance No. CS-316 approving an Amendment to the Zoning Map (ZC 14-04) to allow a Zone Change from One Family Residential and Open Space to Residential Density-Multiple and Open Space and to adjust boundaries of open space for a 50.8-acre site and 10-acre mitigation site located south of Cassia Road, between the existing western and eastern segments of Poinsettia Lane, and east of Ambrosia Lane Poinsettia 61 zc 14-04 Recommended Action Adopt Ordinance No. CS-316 approving an Amendment to the Zoning Map (ZC 14-04) to allow a Zone Change from One Family Residential (R-1) and Open Space to Residential Density-Multiple (RD-M) and Open Space and to adjust boundaries of open space for a 50.8-acre site and 10-acre mitigation site located south of Cassia Road, between the existing western and eastern segments of Poinsettia Lane, and east of Ambrosia Lane within the Mello II Segment of the Local Coastal Program and Local Facilities Management Zone 21. Executive Summary /Discussion Ordinance No. CS-316 was introduced and first read at the City Council meeting held on March 14, 2017. The City Council voted 4/0/1 (Mayor Pro Tern Blackburn Absent due to a potential conflict of interest) to introduce the Ordinance. The second reading allows the City Council to adopt the ordinance which will become effective thirty days after adoption. Fiscal Analysis All required improvements needed to serve this project would be funded and/or constructed by the developer. The Facility Financing section of Zone 21 Local Facilities Management Plan (LFMP 21) provides a list of the public facilities necessary to serve development within Zone 21. Next Steps The City Clerk will have the ordinance or a summary of the ordinance published in a newspaper of general circulation within fifteen days following adoption of the ordinance. Environmental Evaluation {CEQA} An Environmental Impact Report (EIR 15-03 -State Clearinghouse No. 2016031006) was prepared for the project in accordance with the California Environmental Quality Act (CEQA), the CEQA Guidelines and the Environmental Protection Procedures (Title 19) of the Carlsbad Municipal Code. The EIR addresses the environmental impacts associated with all discretionary applications for the proposed project including ultimate buildout of the entire project. Item #7 March 28, 2017 Page 1 of 5 On October 31, 2016, the Draft EIR was published and the City notified interested Responsible and Trustee Agencies, as well as other interested agencies. The "Notice of Completion" (NOC} commenced an initial 45- day public review and comment period expiring on December 15, 2016. The NOC advised that the Draft EIR was available for review at four locations: the City of Carlsbad Planning Division; the City Clerk's Office; the Carlsbad Dove Library and the Georgina Cole Public Library. Complete copies were also available for purchase, with the Appendices, through the Planning Division. The Draft EIR was also posted on the city website. Nine comment letters were received prior to the close of the public review period . Responses to the comment letters are contained in the Final EIR, and were sent to each commenting individual, organization or agency. The response transmittal letter also provided notice of availability of the Final EIR. The analysis contained in the EIR concluded that all significant impacts would be mitigated to below a level of significance. The Final EIR includes a Mitigation Monitoring and Reporting Program (MMRP). The CEQA Findings of Fact and the MMRP are attached to Planning Commission Resolution No. 7224 for the EIR. The EIR also includes the required Habitat Management Plan consistency findings, which have been approved by the California Department of Fish and Wildlife and the US Fish and Wildlife Service, subject to minor modifications. These minor modifications do not require recirculation of the EIR, and are addressed in an Errata to the Final EIR. Public Notification The City Clerk will have the ordinance or a summary of the ordinance published within fifteen days, if adopted. Exhibits 1. Ordinance No. CS-316 Item #7 March 28, 2017 Page 2 of 5 ORDINANCE NO. CS-316 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AMENDMENT TO THE ZONING MAP (ZC 14-04) TO ALLOW A ZONE CHANGE FROM ONE FAMILY RESIDENTIAL (R-1) AND OPEN SPACE TO RESIDENTIAL DENSITY-MULTIPLE (RD-M) AND OPEN SPACE AND TO ADJUST BOUNDARIES OF OPEN SPACE FOR A 50.8-ACRE SITE AND 10-ACRE MITIGATION SITE LOCATED SOUTH OF CASSIA ROAD, BETWEEN THE EXISTING WESTERN AND EASTERN SEGMENTS OF POINSETTIA LANE, AND EAST OF AMBROSIA LANE WITHIN THE MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE 21. CASE NAME: POINSETTIA 61 CASE NO.: ZC 14-04 EXHIBIT 1 WHEREAS, Lennar Homes of California, Inc., "Developer," has filed a verified application with the City of Carlsbad regarding property owned by 2010-1 RADC/CADC Property XII LLC, "Owner," described as a Portion of the Southwest Quarter of the Southwest Quarter of Section 23 and a Portion of the Northwest Quarter of the Northwest Quarter of Section 26, both of Township 12 South, Range 4 West, San Bernardino Base and Meridian, in the County of San Diego, State of California, according to Unites States Government Survey thereof ("the Property"); and WHEREAS, said verified application constitutes a request for a Zone Change as shown on Exhibit 11ZC 14-04"-POINSETTIA 61 dated February 1, 2017, attached hereto and made a part hereof; and WHEREAS, the City Council did, on the 14th day of March, hold a duly noticed public hearing as prescribed by law to consider said request; 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- 04-POINSETTIA 61." NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Carlsbad, California, does ordain as follows: 1. The above recitations are true and correct. Item #7 March 28, 2017 Page 3 of 5 EXHIBIT 1 2. That Section 21.05.030 of the Carlsbad Municipal Code, being the Zoning Map, are amended as shown on the map marked "ZC 14-04-POINSETTIA 61" dated February 1, 2017, attached hereto and made a part hereof. 3. That the findings and conditions of the Planning Commission in Planning Commission Resolution No. 7225 shall also constitute the findings and conditions of the City Council. EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption; and the City Clerk shall certify the adoption of this ordinance and cause the full text of the ordinance or a summary of the ordinance prepared by the City Attorney to be published at least once in a newspaper of general circulation in the City of Carlsbad within fifteen days after its adoption. (Notwithstanding the preceding, this ordinance shall not be effective until LCPA 14-06 is approved by the California Coastal Commission.) INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on the 14th day of March, 2017, and thereafter PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 28th day of March, 2017, by the following vote, to wit: AYES: M. Hall, K. Blackburn, M. Schumacher, C. Schumacher, M. Packard. NOES: None. ABSENT: None. APPROVED AS TO FORM AND LEGALITY: ~~~~..t..' ·~c -=- CELIA A. BREWER, City Attorney Item #7 March 28, 2017 Page 4 of 5 Exhibit "ZC 14-04" February 1, 2017 zc 14-04 Poinsettia 61 EXISTING RD-M OS PROPOSED Related Case File No(s): EIR 15-03/GPA 14-06/LCPA 14-06/CT 14-10/ PUD 14-12/SDP 14-15/CDP 14-34/HDP 14-07/HMP 14-04 Zoning Designation Changes Property From: To: A. 215-020-07 R-1 RD-M/OS B. 215-050-21 R-1/0S RD-M/OS C. 215-050-22 R-1/0S OS D. 215-050-44 R-1/0S OS E. 215-050-47 R-1/0S OS F. 215-050-45 R-1/0S OS (Offsite Mitigation) E. 215-050-46 R-1/0S OS (Offsite Mitigation) Item #7 March 28, 2017 Page 5 of 5