HomeMy WebLinkAbout2021-01-20; Planning Commission; Resolution 7396I
PLANNING COMMISSION RESOLUTION NO. 7396
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A GENERAL
PLAN AMENDMENT, ZONE CHANGE, AND LOCAL COASTAL PROGRAM
AMENDMENT TO MODIFY THE LAND USE ON A 12.53-ACRE SITE FROM
PLANNED INDUSTRIAL {Pl) LAND USE DESIGNATION AND PLANNED
INDUSTRIAL (P-M) ZONING TO RESIDENTIAL (R-30) LAND USE
DESIGNATION AND RESIDENTIAL DENSITY-MULTIPLE (RD-M) ZONING,
AND RECONFIGURE THE OPEN SPACE {OS) LAND USE DESIGNATION AND
(OS) ZONING BOUNDARIES ON THE SITE TO ACCOMMODATE REQUIRED
EMERGENCY ACCESS AND PRESERVE ON-SITE HABITAT AND HABITAT
BUFFER AREAS FOR THE CONSTRUCTION OF 192 MULTIFAMILY
RESIDENTIAL UNITS LOCATED SOUTHWEST OF THE INTERSECTION OF
PALOMAR AIRPORT ROAD AND PALOMAR OAKS WAY WITHIN THE MELLO
II SEGMENT OF THE LOCAL COASTAL PROGRAM AND LOCAL FACILITIES
MANAGEMENT ZONE 5.
CASE NAME: WEST OAKS
CASE NO: GPA 16-04/ZC 16-03/LCPA 16-04 (DEV13018)
WHEREAS, The Carlsbad West Oaks Project Owner, LLC, "Developer/Owner," has filed a
verified application with the City of Carlsbad regarding property described as
Lots 1 through 7 of Carlsbad Tract No. 82-04 Palomar Oaks. In the City
of Carlsbad, County of San Diego, State of California, according to map
thereof No. 11358, filed in the Office of the County Recorder of San
Diego County, October 23, 1985.
In addition, that portion of that certain parcel of land shown and
designated as "Description No. 3, 78.07 acres" on Record of Survey Map
No. 5715, filed in the Office of the county of Recorder of San Diego
County, December 19, 1960, being a portion of Lot "G" of the Rancho
Agua Hedionda, in the City of Carlsbad, County of San Diego, State of
California, according to Map No. 823, filed in the Office of the County
Recorder of San Diego County, November 16, 1896
("the Property"); and
WHEREAS, said verified application constitutes a request for a General Plan Amendment,
Zone Change, and Local Coastal Program Amendment as shown on Exhibit(s) "GPA 16-04", "ZC 16-03",
and "LCPA 16-04" dated October 1, 2020, attached hereto and on file in the Carlsbad Planning Division,
GPA 16-04/ZC 16-03/LCPA 16-04/-WEST OAKS, as provided in Government Code Section 65350 et. seq.,
Chapter 21.52 of the Carlsbad Municipal Code, and Public Resources Code Sections 30514 and 13551 of
California Code of Regulations Title 14, Division 5.5, respectively; and
WHEREAS, the proposed Zone Change and Local Coastal Program Zone Change are set
forth in the draft City Council Ordinance, EXHIBIT "X" dated January 20, 2021, and attached hereto as ZC
16-03/LCPA 16-04-WEST OAKS; and
WHEREAS, the Planning Commission did, on January 20, 2021, 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 Commission considered all factors relating to
the General Plan Amendment, Zone Change, and Local Coastal Program Amendment.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of
Carlsbad, as follows:
A) That the above recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of GPA 16-04/ZC 16-03/LCPA 16-04 -WEST OAKS, based on
the following findings:
Findings:
1. The Planning Commission of the City of Carlsbad does hereby find:
a. it has reviewed, analyzed, and considered the Mitigated Negative Declaration,
Mitigation Monitoring and Report Program and Addendum for GPA 16-04/ZC 16-
03/LCPA 16-04/ SDP 16-20/CDP 16-31/HMP 16-04/MS 2018-0005 (DEV13018) -WEST
OAKS, the environmental impacts therein identified for this project and any comments
thereon prior to RECOMMENDING APPROVAL of the project; and
b. the Mitigated Negative Declaration, Mitigation Monitoring and Report Program and
Addendum has been prepared in accordance with requirements of the California
Environmental Quality Act, the State Guidelines and the Environmental Protection
Procedures of the City of Carlsbad; and
c. it reflects the independent judgment of the Planning Commission of the City of Carlsbad;
and
PC RESO NO. 7396 -2-
d. based on the EIA and comments thereon, there is no substantial evidence the project will
have a significant effect on the environment.
General Plan Amendment, GPA 16-04
2. The Planning Commission finds that the project, as conditioned herein, is in conformance with
the Elements of the City's General Plan, based on the facts set forth in the staff report dated
January 20, 2021, including, but not limited to the following:
A. The project is consistent with the Land Use and Community Design Element in that the
proposed project consists of a request for a General Plan Amendment to change the
General Plan Land Use designation from Planned Industrial (Pl) to Residential (R-30),
the Open Space (OS) land use designation and (OS) zoning boundaries on the site, and
a Local Coastal Program Amendment to reflect the General Plan Land Use to allow for a
subdivision with two residential lots and two open space lots on a 12.53-acre site. The
proposed 192-unit project is consistent with the proposed R-30 General Plan land use
designation in that the project's density of 24.5 du/ac is within the range of 23-30 du/ac
and at the Growth Management Control Point of 25 du/ac (24.5 rounds up to 25 du/ac)
for the R-30 designation.
The project is compatible with adjacent land uses which include a mix of open space,
industrial, commercial, and residential. The project is bounded by Palomar Airport
Road to the northeast, undeveloped land to the south and southwest with residential
development approximately 425 feet further to the south, open space and a
commercial complex to the west, and the adjacent Palomar Oaks office development
to the east. Minimal impacts are anticipated to these adjacent uses. The project site is
adjacent to a major street, Palomar Airport Road; is adjacent to east -and west-bound
bus stops for two NCTD bus routes; and provides workforce housing that supports
nearby employment centers. The residential buildings are located on the site to ensure
that the project minimizes impacts on the habitat with limited impact on adjacent
development.
The northeastern portion of the project site is located within Safety Zone 3 -Inner
Turning Zone, while the remainder of the project site is located within Safety Zone 6 -
Traffic Pattern Zone of the McClellan-Palomar Airport Land Use Compatibility Plan
(ALUCP). Within Safety Zone 6, new residential development is considered compatible,
and there is no limit on an acceptable density. In Safety Zone 3, new residential
development is limited to no more than 16 DU/AC or 130 people. Approximately 1.72
acres of the western portion of the site overlaps with Zone 3 and one building, Building
D, is in this area. As such, Zone 3 would include approximately seven DU/AC. According
to the ALUCP, new residential development at a density of more than four DU/AC but
no more than 13 DU/ AC is conditionally compatible. On October 1, 2020, the ALUC
determined that the proposed project is consistent with the McClellan-Palomar ALUCP.
The project is located within the Airport Overflight Notification Area and therefore, the
project has been conditioned to record a notice informing future residents that the
property is subject to overflight, sight and sound of aircraft operating from the airport.
PC RESO NO. 7396 -3-
B. The project is consistent with the Open Space and Conservation Element in that the
project is consistent with the habitat preservation and restoration requirements of the
Habitat · Management Plan and the recommendations of the Biological Resources
Technical Report for the project (Dudek, August 2019). Furthermore, the project
implements and is consistent with measures identified in the Climate Action Plan (CAP)
through the provision of renewable energy generation (photovoltaic systems), energy
conservation (Green Building Code), and by accommodating Zero-Emission vehicles and
other greenhouse gas reduction measures and features. The project will also be subject
to CAP ordinances that are in effect at the time building permits are issued.
C. The project is consistent with the Noise Element in that the project will not result in
exposure of persons to or generation of noise levels in excess of standards established
in the City's General Plan or Noise Guidelines Manual. A Noise Technical Report (Dudek,
April 2020) was prepared for the project in accordance with the Noise Guidelines
Manual and found that the site is acceptable for the residential development, after
reviewing both traffic and airport noise levels for the site. The report concludes that
certain special design considerations, included as Mitigation Measures NOl-1 and NOl-
2 in the Mitigated Negative Declaration attached to Planning Commission Resolution
No. 7395, will assure the future residential living space noise levels are acceptable.
D. The project is consistent with the Public Safety Element in that the proposed project
will provide fire hydrants and supporting water infrastructure in accordance with fire
marshal requirements. Dwelling units proposed by the project would be within the 5-
minute response time as required by the Growth Management Plan. The project is
required to comply with all Building and Fire codes to ensure that fire protection
standards are met by the proposed structures. The project has been conditioned to
develop and implement a program of "best management practices" for the elimination
and reduction of pollutants which enter into and/or are transported within storm
drainage facilities. Lastly, the project is required to construct or pay applicable fees for
necessary improvements, public utilities and facilities in accordance with Growth
Management requirements. The project will not impact the city's ability to implement
its Emergency Operations Plan.
Zone Change, ZC 16-03
3. That the proposed Zone Change from Planning Industrial (P-M) zoning to Residential Density-
Multiple (RD-M) zoning with the modification to the Open Space (OS) zone boundaries on the
12.53-acre site is consistent with the goals and policies of the various elements of the General
Plan, in that the proposed RD-M zoning designation implements the proposed R-30 General Plan
Land Use designation, and the modification to the Open Space (OS) zoning boundaries on the
site will ensure the preservation of on-site habitat and habitat buffer areas consistent with the
Carlsbad Habitat Management Plan. The RD-M zoning designation allow for the proposed 192
dwelling units and complies with the development standards of the RD-M zone with approval
of the requested standards modification per Planning Commission Resolution No. 7397.
4. That the Zone Change will provide consistency between the General Plan and Zoning as mandated
· by California State law and the City of Carlsbad General Plan Land Use Element, in that the
Residential Density-Multiple (RD-M) and Open Space (OS) Zone designations shown on Exhibit
PC RESO NO. 7396 -4-
"ZC 16-03" attached hereto implements the Residential (R-30) General Plan and Open Space
(OS) Land Use designations.
5. That the Zone Change is consistent with the public convenience, necessity, and general welfare,
and is consistent with sot.ind planning principles in that the residential uses and open space areas
allowed by the proposed zone change are compatible with the adjacent residential, open space,
and industrial, land uses.
Local Coastal Program Amendment, LCPA 16-04
6. That the proposed Local Coastal Program Amendment meets the requirements of, and is in
conformity with, the policies of Chapter 3 of the Coastal Act and all applicable policies of the Mello
II segment of the Carlsbad Local Coastal Program not being amended by this amendment, in that
the amendment to the Coastal land use and zoning ensures consistency with the Carlsbad
General Plan and Zoning Ordinance and does not conflict with any coastal zone regulations,
land use designations or policies.
7. That the proposed amendment to the Mello II segment of the Carlsbad Local Coastal Program as
shown on Exhibits "LCPA 16-04 (Land Use)" and "LCPA 16-04 (Zoning) attached hereto is
required to bring the property's Local Coastal Program Land Use and Zoning Designations into
consistency with the proposed General Plan Amendment (GPA 16-04) and Zone Change (ZC 16-
03).
General
8. The project is consistent with the Citywide Facilities and Improvements Plan, the Local Facilities
Management Plan for Zone 5 and all city public facility policies and ordinances. The project
includes elements or has been conditioned to construct or provide funding to ensure that all
facilities and improvements regarding sewer collection and treatment, water, drainage,
circulation, fire, schools, parks and other recreational facilities, libraries, government
administrative facilities, and open space, related to the project will be installed to serve new
development prior to or concurrent with need. Specifically,
A. The project has been conditioned to provide proof fro~ the Carlsbad Unified School
District that the project has satisfied its obligation for school facilities.
8. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and will be
collected prior to issuance of building permit.
C. The Public Facility fee is required to be paid by Council Policy No. 17 and will be collected
prior to the issuance of building permit.
D. The Local Facilities Management fee for Zone 5 is required by Carlsbad Municipal Code
Section 21.90.050 and will be collected prior to issuance of building permit.
10. The Planning Commission has reviewed each of the exactions imposed on the Developer
contained in this resolution, and hereby finds, in this case, that the exactions are imposed to
PC RESO NO. 7396 -5-
mitigate impacts caused by or reasonably related to the project, and the extent and the degree
of the exaction is in rough proportionality to the impact caused by the project.
Conditions:
NOTE: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a grading
permit, building permit or recordation of a final map, whichever comes first; or pursuant to an
approved construction schedule at the discretion of the appropriate division manager or
official.
1. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented
and maintained over time, if any of such conditions fail to be so implemented and maintained
according to their terms, the City shall have the right to revoke or modify all approvals herein
granted; deny or further condition issuance of all future building permits; deny, revoke, or further
condition all certificates of occupancy issued under the authority of approvals herein granted;
record a notice of violation on the property title; institute and prosecute litigation to compel their
compliance with said conditions or seek damages for their violation. No vested rights are gained
by Developer or a successor in interest by the City's approval of this General Plan Amendment,
Zone Change, and Local Coastal Program Amendment.
2. Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the General Plan Amendment, Zone Change, and Local Coastal Program
Amendment documents, as necessary to make them internally consistent and in conformity with
the final action on the project. Development shall occur substantially as shown on the approved
Exhibits. Any proposed development, different from this approval, shall require an amendment
to this approval.
3. Developer shall comply with all applicable prov1s1ons of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
4. If any condition for construction of any public improvements or facilities, or the payment of any
fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged,
this approval shall be suspended as provided in Government Code Section 66020. If any such
condition is determined to be invalid, this approval shall be invalid unless the City Council
determines that the project without the condition complies with all requirements of law.
5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims and
costs, including court costs and attorney's fees incurred by the City arising, directly or indirectly,
from (a) City's approval and issuance of this General Plan Amendment, Zone Change, and Local
Coastal Program Amendment, (b) City's approval or issuance of any permit or action, whether
discretionary or nondiscretionary, in connection with the use contemplated herein, and (c)
Developer/Operator's installation and operation· of the facility permitted hereby, including
without limitation, any and all liabilities arising from the emission by the facility of
electromagnetic fields or other energy waves or emissions. This obligation survives until all legal
proceedings have been concluded and continues even if the City's approval is not validated.
PC RESO NO. 7396 -6-
6. This project shall comply with all conditions and mitigation measures which are required as part
of the Zone 5 Local Facilities Management Plan and any amendments made to that Plan prior to
the issuance of building permits.
7. This approval is granted subject to the approval of the Mitigated Negative Declaration,
Mitigation Monitoring and Report Program and Addendum (DEV13018) -WEST OAKS and is
subject to all conditions contained in Planning Commission Resolution Nos. 7395 for those other
approvals incorporated herein by reference.
8. Developer shall implement, or cause the implementation of, the WEST OAKS -GPA 16-04/ZC 16-
03/LCPA 16-04/ SDP 16-20/CDP 16-31/HMP 16-04/MS 2018-0005 Project Mitigation Monitoring
and Reporting Program and Addendum.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of
the City of Carlsbad, California, held on January 20, 2021, by the following vote, to wit:
AYES: Chair Meenes, Commissioners Anderson, Lafferty, Luna, Merz, and Stine
NOES:
ABSENT: Commissioner Geidner
ABSTAIN :
ROY MEENES, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
City Planner
PC RESO NO. 7396 -7-
GPA 16-04 West Oaks
October 01, 2020Exhibit "GPA 16-04"
EXISTING
PROPOSED
OS
R-1.5
OS
R-4
OS
PI
R-30
PI
OS
OS
R-30
OS
OS
OS
OS
From:To:
A. 212-040-26-00 PI OS
B. 212-110-01-00 PI R-30
C. 212-110-02-00 PI R-30
D. 212-110-03-00 PI R-30
E. 212-110-04-00 PI R-30
F. 212-110-05-00 PI R-30, OS
G. 212-110-06-00 PI R-30, OS
H. 212-110-07-00 PI R-30, OS
I. 212-110-08-00 OS OS
Related Case File No(s): ZC 16-03 / LCPA 16-04 / LFMP 87-05(F) / SDP 16-20 / CDP 16-31 / SUP 2017-0005 / HMP 16-04 / MS 2018-0005 (DEV13018)
General Plan Land Use Designation Changes
Property
PI
PI
PIOS
OS
OS
PI
O OSPI
RUBYWYTURQUOISEDRSAPP
HIRE
D
R PALOMAR OAKS WYWRIGHTPL
C O B B LE S T ONEDRPALO
M
AR
AIRPO
RTRD
WEST
O
AKS
W
Y
RUBYWYTURQUOISEDRSAPP
HIR
E
D
RWRIGHTPL
PALOMAR OAKS WYC O B B L E S T O NEDRPALO
M
AR
AIRPO
RT
RD
W
EST
O
AKS
W
Y
ZC 16-03 West Oaks
October 01, 2020Exhibit "ZC 16-03"
EXISTING
PROPOSED
OS
R-1-10000
OS
R-1
OS
P-M
RD-M
P-M
OS
OS
RD-M
OS
OS
OS
OS
P-M
P-M
P-MOS
OS
OS
P-M
O OSP-M-Q
From:To:
A. 212-040-26-00 P-M-Q OS, RD-M
B. 212-110-01-00 P-M RD-M
C. 212-110-02-00 P-M RD-M
D. 212-110-03-00 P-M RD-M
E. 212-110-04-00 P-M RD-M
F. 212-110-05-00 P-M/OS RD-M, OS
G. 212-110-06-00 P-M/OS RD-M, OS
H. 212-110-07-00 P-M/OS RD-M, OS
I. 212-110-08-00 OS OS
Related Case File No(s): GPA 16-04 / LCPA 16-04 / LFMP 87-05(F) / SDP 16-20 CDP 16-31 / SUP 2017-0005 / HMP 16-04 / MS 2018-0005 (DEV13018)
Zoning Designation Changes
Property
RUBYWYTURQUOISEDRSAPPHIREDR PALOMAR OAKS WYWRIGHTPL
C O B B LE S T ONEDRPALO
M
AR
AIRPO
RTRD
W
E
STOAKS WY
RUBYWYTURQUOISEDRSAPP
HIR
E
D
RWRIGHTPL
PALOMAR OAKS WYC O B B L E S T O NEDRPALO
M
AR
AIRPORTRD
W
E
STOAKS WY
LCPA 16-04 (Land Use)West Oaks
October 01, 2020Exhibit "LCPA 16-04"
EXISTING
PROPOSED
OS
R-1.5
OS
R-4
R-30
OS
OS
R-30
OS
OS
OS
PI
PI
OS
O OSPI
From:To:
A. 212-040-26-00 PI OS
B. 212-110-01-00 PI R-30
C. 212-110-02-00 PI R-30
D. 212-110-03-00 PI R-30
E. 212-110-04-00 PI R-30
F. 212-110-05-00 PI R-30, OS
G. 212-110-06-00 PI R-30, OS
H. 212-110-07-00 PI R-30, OS
I. 212-110-08-00 OS OS
Related Case File No(s): GPA 16-04 / ZC 16-03 / LFMP 87-05(F) / SDP 16-20 CDP 16-31 / SUP 2017-0005 / HMP 16-04 / MS 2018-0005 (DEV13018)
LCPA Land Use Designation Changes
Property
LCPA 16-04 (Zoning)West Oaks
October 01, 2020Exhibit "LCPA 16-04"
EXISTING
PROPOSED
OS
R-1-10000
OS
R-1
OS
P-M
RD-M
P-M
OS
OS
RD-M
OS
OS
OS
OS
P-M
P-M
P-MOS
OS
OS
P-M
O OSP-M-Q
From:To:
A. 212-040-26-00 P-M-Q OS, RD-M
B. 212-110-01-00 P-M RD-M
C. 212-110-02-00 P-M RD-M
D. 212-110-03-00 P-M RD-M
E. 212-110-04-00 P-M RD-M
F. 212-110-05-00 P-M/OS RD-M, OS
G. 212-110-06-00 P-M/OS RD-M, OS
H. 212-110-07-00 P-M/OS RD-M, OS
I. 212-110-08-00 OS OS
Related Case File No(s): GPA 16-04 / ZC 16-03 / LFMP 87-05(F) / SDP 16-20 CDP 16-31 / SUP 2017-0005 / HMP 16-04 / MS 2018-0005 (DEV13018)
LCPA Zoning Designation Changes
Property
EXHIBIT X
ORDINANCE NO. .
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 MODIFY AND RECONFIGURE
THE ZONING AND LOCAL COASTAL PROGRAM LAND USE FROM PLANNING
INDUSTRIAL (P-M) ZONING TO RESIDENTIAL DENSITY MULTIPLE (RD-M)
ZONING. THE OPEN SPACE BOUNDARIES ON THE PROPERTY AND
ASSOCIATED (OS) ZONING OF THE PROPERTY WOULD MOVE TO
ACCOMMODATE DEVELOPMENT OF A REQUIRED EMERGENCY
ACCESS/BRIDGE AT THE NORTHWEST CORNER OF THE SITE AND PRESERVE
ON-SITE HABITAT AND HABITAT BUFFER AREAS NOT CURRENTLY
DESIGNATED AS OPEN SPACE. THE PROPERTY IS LOCATED SOUTHWEST OF
THE INTERSECTION OF PALOMAR AIRPORT ROAD AND PALOMAR OAKS WAY
WITHIN THE MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM AND
LOCAL FACILITIES MANAGEMENT ZONE 5.
CASE NAME: WEST OAKS
CASE NO.: ZC 16-03/LCPA 16-04 (DEV 13018)
WHEREAS, The Carlsbad West Oaks Project Owner, LLC, “Developer,” has filed a verified
application with the City of Carlsbad regarding property owned by The Carlsbad West Oaks Project
Owner, LLC, “Owner,” described as
Lots 1 through 7 of Carlsbad Tract No. 82-04 Palomar Oaks. In the City of
Carlsbad, County of San Diego, State of California, according to map
thereof No. 11358, filed in the Office of the County Recorder of San Diego
County, October 23, 1985.
In addition, that portion of that certain parcel of land shown and
designated as “Description No. 3, 78.07 acres” on Record of Survey Map
No. 5715, filed in the Office of the county of Recorder of San Diego County,
December 19, 1960, being a portion of Lot “G” of the Rancho Agua
Hedionda, in the City of Carlsbad, County of San Diego, State of California,
according to Map No. 823, filed in the Office of the County Recorder of San
Diego County, November 16, 1896.
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Zone Change and Local
Coastal Program Amendment as shown on Exhibits “ZC 16-03” AND “LCPA 16-04” – WEST OAKS dated
October 1, 2020, 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 16-03/LCPA 16-04 – WEST OAKS.”
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.
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 16-03 – WEST
OAKS” and “LCPA 16-04 – WEST OAKS” dated XXXX, attached hereto and made a part hereof.
3. That the findings and conditions of the Planning Commission in Planning
Commission Resolution No. 7396 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 16-04 is approved by the California
Coastal Commission.)
INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on the
______ day of _________________, 2021, and thereafter
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the ______ day of ____________________, 2021, by the following vote, to wit:
AYES:
NAYS:
ABSENT:
APPROVED AS TO FORM AND LEGALITY:
_________________________________
EXHIBIT X
CELIA A. BREWER, City Attorney
_________________________
MATT HALL, Mayor
_________________________
BARBARA ENGLESON, City Clerk
(SEAL)