The URL can be used to link to this page

Home My WebLink About2019-08-27; City Council; ; Adoption of Ordinance No. CS-358 Ocean View Point - Approving Amendments to the Citywide Zoning and Local Coastal Program Zoning Maps Project Name: Ocean View Point Proje~ CITY COUNCIL ~ Staff Report Meeting Date: To: From: Staff Contact: Aug.27,2019 Mayor and City Council Scott Chadwick, City Manager Sheila Cobian, City Clerk Services Manager sheila.cobian@carlsbadca.gov or 760-434-2917 CA Review f<{ Subject: Adoption of Ordinance No. CS-358 Ocean View Point -Approving Amendments to the Citywide Zoning and Local Coastal Program Zoning Maps Project Name: Ocean View Point Project No.: ZC 15-03/LCPA 15-05 (DEV15043) · Recommended Action Adopt Ordinance No. CS-358 approving amendments to the Citywide Zoning and Local Coastal Program Zoning Maps to allow a change from one-family residential 30,000 square foot minimum lot area (R-1-30,000) to one-family residential (R-1) for a 5.4-acre portion of a 21.9- acre previo_usly subdivided property generally located south of the terminus of Twain Avenue within the Mello II Segment of the Local Coastal Program and Local Facilities Management Zone 8. Executive Summary /Discussion Ordinance No. CS-358 was introduced and first read at the City Council meeting held on Aug. 20, 2019. On a motion by Mayor Pro Tern Bhat-Patel, seconded by Council Member Blackburn, the City Council voted 4/0 (Hall -Absent) to introduce the Ordinance. The second reading allows the City Council to adopt the ordinance which will become effective thirty days after adoption. Notwithstanding the preceding, the Ordinance shall not be effective until LCPA 15-05 is approved by the California Coastal Commission. Fiscal Analysis All required improvements needed to serve this project will be funded and/or constructed by the developer. The Facility Financing section of the Zone 8 Local Facilities Management Plan (LFMP 8) provides a list of the public facilities necessary to serve development within Zone 8. Next Steps The City Clerk will have the ordinance or a summary of the ordinances published in a newspaper of general circulation within fifteen days following adoption of the ordinance. Environmental Evaluation (CEQA) Pursuant to the California Environmental Quality Act {CEQA) and the Environmental Protection Ordinance {Title 19) of the Carlsbad Municipal Code, staff conducted an environmental impact assessment to determine if the project could have any potentially significant impacts on the environment. The environmental impact assessment identified potentially significant impacts to both Biological Resources and Cultural Resources. The city conducted and concluded tribal consultation pursuant to California Senate Bill {SB) 18 and Assembly Bill {AB) 52. Mitigation August 27, 2019 Item #6 Page 1 of 6 measures have been incorporated into the design of the project and the Mitigation Monitoring and Reporting Program (MMRP) such that all potentially significant impacts will be mitigated to below a level of significance. A Notice of Intent to adopt a Mitigated Negative Declaration (MND) and MMRP was published in the newspaper and filed with the State Clearinghouse (SCH#2016051007) for a 30-day public review period from May 3, 2016 to June 3, 2016 and extended to June 20, 2016. No comments from the public or state agencies were received during the public review period. An analysis of the project's consistency with the City's HMP was prepared and submitted for review to the Wildlife Agencies. An HMP Consistency Determination from the Wildlife Agencies was received on March 15, 2019, acknowledging the project's consistency with the HMP. Minor project design changes, as well as minor revisions to the Biological Resources Mitigation Measures, were required for HMP consistency that included a reduction in the overall development impact footprint area to accommodate a 20-foot-wide upland habitat buffer between the proposed open space and development area. Additional mitigation was also added_ to fully address the Coastal Zone's no-net-loss criteria relating to coastal sage s.crub impacts. An addendum was prepared in accordance with Section 15164 of CEQA to address these minor changes. The changes have no new significant environmental effects not otherwise analyzed in the previously circulated MND, and none of the circumstances requiring recirculation or a subsequent MND under CEQA Guidelines Section 15162 exist. Public Notification and Outreach This item was noticed in accordance with the Ralph M. Brown Act and was available for viewing at least 72 hours prior to the meeting date. Exhibits 1. Ordinance No. CS-358. August 27, 2019 Item #6 Page 2 of 6 ORDINANCE NO. CS-358 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AMENDMENTS TO THE CITYWIDE ZONING AND LOCAL COASTAL PROGRAM ZONING MAPS TO ALLOW A CHANGE FROM ONE-FAMILY RESIDENTIAL 30,000 SQUARE FOOT MINIMUM LOT AREA (R-1- 30,000) TO ONE-FAMILY RESIDENTIAL (R-1) FOR A 5.4-ACRE PORTION OF A 21.9-ACRE PREVIOUSLY SUBDIVIDED PROPERTY GENERALLY LOCATED SOUTH OF THE TERMINUS OF TWAIN AVENUE WITHIN THE MELLO 11 SEGMENT OF THE LOCAL COASTAL PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE 8. CASE NAME: OCEAN VIEW POINT CASE NO.: ZC 15-03/LCPA 15-05 (DEV15043) WHEREAS, OCEAN VIEW-CARLSBAD, LLC, "Developer/Owner," has filed a verified application with the City of Carlsbad regarding property described as Lots 1 through 7, inclusive, of City of Carlsbad Tract No. CT 02-06, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 16265, filed in the Office of the County Recorder of San Diego County on April 27, 2018 ("the Property"); and WHEREAS, said verified application constitutes a request for a Zone Change and Local Coastal Program Amendment as shown on Exhibits "ZC 15-03" and "LCPA 15-05" -OCEAN VIEW POINT dated June 19, 2019, attached hereto and made a part hereof; and WHEREAS, the City Council held 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 15-03/LCPA 15-05 -OCEAN VIEW POINT." 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. August 27, 2019 Item #6 Page 3 of 6 2. That Section 21.05.030 of the Carlsbad Municipal Code, being the Zoning Map and the Local Coastal Program Zoning Map, are amended as shown on the maps marked "ZC 15-03-OCEAN VIEW POINT" and "LCPA 15-05-OCEAN VIEW POINT" dated June 19, 2019, attached hereto and made a part hereof. 3. That the findings and conditions of the Planning Commission in Planning Commission Resolution No. 7338 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 ofthe 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 15-05 is approved by the California Coastal Commission.) INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on the 20th day of August, 2019, and thereafter PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 27th day of August 2019, by the following vote, to wit: AYES: Hall, Bhat-Patel, Blackburn, Schumacher, Hamilton. NAYS: None. ABSENT: None. APPROVED AS TO FORM AND LEGALITY: ~~ ~Oe~--- CELIA A. BREWER, City Attorney ~ {•~ Nee-lot' (,omcz 1 BARBARA ENGLESON, City Clerk Deput; (>lj (SEAL) C Jee~ August 27, 2019 Item #6 Page 4 of 6