HomeMy WebLinkAbout2021-05-11; City Council; ; Adoption of Ordinance No. CS-397 – West Oaks Meeting Date: May 11, 2021
To: Mayor and City Council
From: Scott Chadwick, City Manager
Staff Contact: Faviola Medina, City Clerk Services Manager
faviola.medina@carlsbadca.gov, 760-434-5989
Subject: Adoption of Ordinance No. CS-397 – West Oaks
District: All
Recommended Action
Adopt Ordinance No. CS-397 approving amendments to the citywide zoning and local coastal
program zoning maps to modify the city-wide and local coastal program zoning designations
from Planned Industrial zoning to Residential Density Multiple zoning, and to reconfigure the
open space zoning boundaries on the property to accommodate required emergency access
and preserve on-site habitat and habitat buffer areas 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.
Executive Summary / Discussion
Ordinance No. CS-397 was introduced and first read at the City Council meeting held May 4,
2021. On a motion by Mayor Pro Tem Blackburn, seconded by Council Member Bhat-Patel, the
City Council voted 5-0 to introduce Ordinance No. CS-397. The second reading allows the City
Council to adopt the ordinance, which will become effective 30 days after the adoption.
Even with the council’s approval, this ordinance shall not be effective until the related
amendment to the Local Coastal Program, LCPA 16-04, is approved by the California Coastal
Commission.
Fiscal Analysis
All required improvements needed to serve this project will be funded by the developer, so
there is no cost to the city from this action.
Next Steps
The city clerk will have the ordinances, or a summary of the ordinances, published in a
newspaper of general circulation within fifteen days following adoption of the ordinance.
Environmental Evaluation (CEQA)
As outlined in the California Environmental Quality Act and the Environmental Protection
Ordinance of the Carlsbad Municipal Code (Title 19), 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
biological resources, cultural resources, geology/soils, noise, and tribal cultural resources. The
city conducted and concluded tribal consultation pursuant to Senate Bill 18 and Assembly Bill
52. Mitigation measures have been incorporated into the design of the project and the
May 11, 2021 Item #5 Page 1 of 7
mitigation monitoring and reporting program so that all potentially significant impacts will be
mitigated to below a level of significance.
A notice of intent to adopt a mitigated negative declaration and a mitigation monitoring and
reporting program was published in a newspaper of general circulation and sent to the State
Clearinghouse for a 30-day public review period from July 7, 2020, to August 6, 2020 (SCH No.
2020079011). Six comment letters or emails were received during the public review period.
Responses to comment letters and emails are contained in the final mitigated negative
declaration and were sent to each commenting individual, organization or agency.
Public Notification and Outreach
Public notice of this item was posted in keeping with the Ralph M. Brown Act and it was
available for public viewing and review at least 72 hours before the scheduled meeting date.
Exhibits
1. Ordinance No. CS-397
May 11, 2021 Item #5 Page 2 of 7
ORDINANCE NO. CS-397
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 THE CITY-WIDE AND
LOCAL COASTAL PROGRAM ZONING DESIGNATIONS FROM PLANNED
INDUSTRIAL (P-I) ZONING TO RESIDENTIAL DENSITY MULTIPLE (RD-M)
ZONING, AND TO RECONFIGURE THE OPEN SPACE (OS) ZONING
BOUNDARIES ON THE PROPERTY TO ACCOMMODATE REQUIRED
EMERGENCY ACCESS AND PRESERVE ON-SITE HABITAT AND HABITAT
BUFFER AREAS LOCATED SOUTHWEST OF THE INTERSECTION OF PALOMAR
AIRPORT ROAD AND PALOMAR OAKS WAY WITHIN THE MELLO ll 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, "Owner/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 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 Attachment B (ZC 16-03) and Attachment A (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
May 11, 2021 Item #5 Page 3 of 7
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 Attachment B (ZC
16-03 — West Oaks) and Attachment A (LCPA 16-04 — West Oaks) dated October 1, 2020, 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.)
//
I/
I-
II
//
//
//
//
//
//
//
May 11, 2021 Item #5 Page 4 of 7
INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on the 4th day
of May, 2021, and thereafter
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 11th day of May, 2021, by the following vote, to wit:
AYES: Hall, Blackburn, Acosta, Bhat-Patel, Schumacher.
NAYS: None.
ABSENT: None.
APPROVED AS TO FORM AND LEGALITY:
CELIA A. BREWER, City Attorney
MATT HALL, Mayor
BARBARA ENGLESON, City Ckrk
(SEAL)
May 11, 2021 Item #5 Page 5 of 7
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
ATTACHMENT A
May 11, 2021 Item #5 Page 6 of 7
RUBYWYTURQUOISEDRSAPP
HIRE
D
R PALOMAR OAKS WYWRIGHTPL
C O B B L E S T ONEDRPALO
M
A
R
AIRP
O
RTRD
WES
T
O
A
K
S
W
Y
RUBYWYTURQUOISEDRSAP
P
HIR
E
D
RWRIGHTPL
PALOMAR OAKS WYC O B B L E S T O NEDRPALO
M
A
R
AIR
P
O
RT
RD
W
E
ST
O
AK
S
WY
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
ATTACHMENT B
May 11, 2021 Item #5 Page 7 of 7