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Home My WebLink About2018-12-11; City Council; ; Adoption of Ordinance No. CS-344 and Ordinance No. CS-345~ CITY COUNCIL ~ Staff Report Meeting Date: To: From: Staff Contact: December 11, 2018 Mayor and City Council Scott Chadwick, City Manager Sheila Cobian, City Clerk Services Manager sheila.cobian@carlsbadca.gov or 760-434-2917 CAReview ~ Subject: Project Name: Adoption of Ordinance No. CS-344 and Ordinance No. CS-345 Oakmont of Carlsbad Project Nos. ZC 2017-0001 and AMEND 2017-0011 (DEV2017-0042) Recommended Action Adopt Ordinance No. CS-344 adopting a Zone Change to amend the Zoning Map from Planned Industrial to Office on Lot 1 (APN 209-120-01-00) of the Carlsbad Oaks North Business Park Specific Plan SP 211, an approximately 6.38-acre lot located on the northwest corner of Faraday Avenue and El Fuerte Street, within Local Facilities Management Zone 16.; and, -Adopt Ordinance No. CS-345 adopting the fourth amendment to the Carlsbad Oaks North Specific Plan (SP211). to apply Carlsbad Municipal Code Chapter 21.27, Office Zone standards to Lot 1 of the Carlsbad Oaks North Business Park on property generally located at the northwest corner of Faraday Avenue and El Fuerte Street within the Carlsbad Oaks North Business Park and in Local Facilities Management Zone 16. Executive Summary /Discussion Ordinance Nos. CS-344 and CS-345 were introduced and first read at the City Council meeting held on November 27, 2018. On a motion by Mayor Pro Tern Blackburn, seconded by Council Member M. Schumacher, the City Council voted 5/0 to introduce the Ordinances. The second reading allows the City Council to adopt the ordinances which will become effective thirty days after adoption. Fiscal Analysis All required improvements to serve this project will be funded and/or constructed by the developer. 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 ordinances. Environmental Evaluation (CEQA) Final Environmental Impact Report (EIR 98-08, SCH #2000051057) was certified with approval of the Carlsbad Oaks North Specific Plan on October 8, 2002. The City Planner has determined that this project would not result in any previously-undisclosed significant environmental impacts or a substantial increase in the severity of previously disclosed impacts or additional significant impacts beyond those previously addressed under EIR 98-08 for the Specific Plan. The City Planner has also determined that the project does not create the conditions requiring the preparation of a Subsequent or Supplemental EIR pursuant to CEQA Guidelines Sections 15162 and 15163. December 11, 2018 Item #10 Page 1 of 6 Public Notification This item was noticed in accordance with the Ralph M. Brown Act and was available for public viewing and review at least 72 hours prior to the scheduled_meeting date. Exhibits 1. Ordinance No. CS-344. 2. Ordinance No. CS-345. December 11, 2018 Item #10 Page 2 of 6 ORDINANCE NO. CS-344 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ADOPTING A ZONE CHANGE TO AMEND THE ZONING MAP FROM PLANNED INDUSTRIAL TO OFFICE ON LOT 1 (APN 209-120-01-00) OF THE CARLSBAD OAKS NORTH BUSINESS PARK SPECIFIC PLAN SP 211, AN APPROXIMATELY 6.38-ACRE LOT LOCATED ON THE NORTHWEST CORNER OF FARADAY AVENUE AND EL FUERTE STREET, WITHIN LOCAL FACILITIES MANAGEMENT ZONE 16. CASE NAME: OAKMONT OF CARLSBAD CASE NO.: ZC 2017-0001 (DEV2017-0042) The City Council of the City of Carlsbad, California, does ordain as follows: Exhibit 1 WHEREAS, said application constitutes a request for a Zone Change as shown on Exhibit "ZC 2017-0001-OAKMONT OF CARLSBAD," dated October 3, 2018, attached hereto and made a part here of; and WHEREAS, the City Council of the City of Carlsbad held a duly noticed public hearing to consider said Zone Change; 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 2017-0001-OAKMONT OF CARLSBAD;" and WHEREAS, after procedures in accordance with requirements of law, the City Council has determined that the public interest indicates that said Zone Change (ZC 2017-0001) be approved. NOW, THEREFORE, the City Council of the City of Carlsbad does ordain as follows: 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 2017-0001-OAKMONT OF CARLSBAD," dated October 3, 2018, attached hereto and made a part hereof. SECTION II: That the findings and conditions of the Planning Commission in Planning Commission Resolution No. 7310 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 December 11, 2018 Item #10 Page 3 of 6 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 27th day of November, 2018, and thereafter PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 11th day of December, 2018, by the following vote, to wit: AYES: NOES: M. Hall, K. Blackburn, M. Schumacher, C. Schumacher, M. Packard. None. ABSENT: None. APPROVED AS TO FORM AND LEGALITY:· ~# d &A ,_/ CELIA A. BREWER, City Attorney (SEAL) December 11, 2018 Item #10 Page 4 of 6 ORDINANCE NO. CS-345 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ADOPTING THE FOURTH AMENDMENT TO THE CARLSBAD OAKS NORTH SPECIFIC PLAN (SP 211) TO APPLY CARLSBAD MUNICIPAL CODE CHAPTER 21.27, OFFICE ZONE STANDARDS TO LOT 1 OF THE CARLSBAD OAKS NORTH BUSINESS PARK ON PROPERTY GENERALLY LOCATED AT THE NORTHWEST CORNER OF FARADAY AVENUE AND EL FUERTE STREET WITHIN THE CARLSBAD OAKS NORTH BUSINESS PARK AND IN LOCAL FACILITIES MANAGEMENT ZONE 16. CASE NAME: CASE NO.: OAKMONT OF CARLSBAD AMEND 2017-0011 The City Council of the City of Carlsbad, California, does ordain as follows: Exhibit 2 WHEREAS, the Carlsbad Oaks North Specific Plan was originally adopted by City Council Ordinance No. NS-646 on October 15, 2002, and has been amended and contains the uses, development standards and design guidelines for the development of the Specific Plan area; and WHEREAS, the Carlsbad Oaks North Specific Plan is the implementing ordinance for this property; and WHEREAS, the City Council of the City of Carlsbad has reviewed and considered a Specific Plan Amendment (AMEND 2017-0011) for the Carlsbad Oaks North Specific Plan; and WHEREAS, the amendment is desirable to allow for the beneficial range of development permitted under the Specific Plan, which would include an Office zoned use on Lot 1 in the Carlsbad Oaks North Business Park, and WHEREAS, after procedures in accordance with requirements of law, the City Council has determined that the public interest indicates that said Specific Plan Amendment (AMEND 2017-0011) be approved. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Carlsbad, California, ordains as follows that: 1. The above recitations are true and correct. 2. The Carlsbad Oaks North Specific Plan (AMEND 2017-0011), on file in the Planning Division, and incorporated herein by reference, is adopted. The amended Carlsbad Oaks North Specific Plan SP 211 will continue to be the controlling document for the development of Lot 1. December 11, 2018 Item #10 Page 5 of 6 3. Specific Plan Amendment (AMEND 2017-0011) amends several pages of the Carlsbad Oaks North Specific Plan, as shown on the attached Exhibit "AMEND 2017-0011". Removal of text is presented in a strikethro1::1gh type format, while new additional text is shown in underlined type format. 4. The findings and conditions of Planning Commission Resolution No. 7310 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 to 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. INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on the 27th day of November, 2018, and thereafter PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 11th day of December, 2018, by the following vote, to wit: AYES: NOES: M. Hall, K. Blackburn, M. Schumacher, C. Schumacher, M. Packard. None. ABSENT: None. APPROVED AS TO FORM AND LEGALITY: -7 (~~ CELIA A. BREWER, City Attorney (SEAL) December 11, 2018 Item #10 Page 6 of 6