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Home My WebLink About2022-03-08; City Council; ; Adoption of Ordinance No. CS-415 —Zone Change on Two PropertiesCITY COUNCIL Staff Report CA Review CKM Meeting Date: March 8, 2022 To: Mayor and City Council From: Scott Chadwick, City Manager Staff Contact: Faviola Medina, City Clerk Services Manager faviola.medina@carlsbadca.gov, 442-339-5989 Subject: Adoption of Ordinance No. CS-415 —Zone Change on Two Properties Districts: All Recommended Action Adopt Ordinance No. CS-415 approving a zone change (Local Coastal Program and citywide zoning maps) on two properties (APNs 210-170-08, -09) totaling 0.89 acres. The change is from Planned Industrial with a Commercial/Visitor-Serving Overlay, to Commercial Tourist with Commercial/Visitor-Serving and Qualified Development Overlays (C-T-Q). Executive Summary/Discussion Ordinance No. CS-415 was introduced and first read at the City Council meeting held on Feb. 22, 2022. On a motion by Council Member Bhat-Patel, seconded by Council Member Acosta, the City Council voted 4-1 with Mayor Pro Tern Blackburn absent, to introduce Ordinance No. CS-415. The second reading allows the City Council to adopt the ordinance, which will become effective 30 days after its adoption. In areas inside the Coastal Zone, the Ordinance will become effective 30 days after its adoption or upon Coastal Commission approval of the Local Coastal Program Amendment, LCPA 2019-0002, whichever occurs later. 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 ordinance, or a summary of the ordinance, published in a newspaper of general circulation within 15 days following adoption of the ordinance. Environmental Evaluation Staff conducted an environmental impact assessment to determine if the project could have any potentially significant impact on the environment in accordance with the California Environmental Quality Act and the Environmental Protection Ordinance, Title 19, of the Carlsbad Municipal Code. The assessment identified potentially significant impacts to biological resources, cultural resources, geology and soils, hazards and hazardous materials, transportation, and tribal cultural resources. Mitigation measures have been incorporated into March 8, 2022 Item #7 Page 1 of 6 the design of the project and the mitigation monitoring and reporting program 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 and mitigation monitoring and reporting program was published in local newspapers and sent to the State Clearinghousel (SCH#2021040447) for a 30-day public review period from April 16 to May 18, 2021. Three comment letters were received during the public review period. Responses to comment letters are contained in the final mitigated negative declaration, and were sent to each commenting individual, organization or agency. Public Notification This item was noticed 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-415 1 The State Clearinghouse, a division of the Governor's Office of Planning and Research, coordinates the state-level review of environmental documents prepared under the California Environmental Quality Act. March 8, 2022 Item #7 Page 2 of 6 EXHIBIT 1 ORDINANCE NO. CS-415 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A ZONE CHANGE, (LOCAL COASTAL PROGRAM AND CITYWIDE ZONING MAPS) ON TWO PROPERTIES (APNS 210-170-08, - 09) TOTALING 0.89 ACRES FROM PLANNED INDUSTRIAL (P-M) WITH A COMMERCIAL/VISITOR-SERVING OVERLAY TO COMMERCIAL TOURIST WITH COMMERCIAL/VISITOR-SERVING AND QUALIFIED DEVELOPMENT OVERLAYS (C-T-Q) WITHIN THE MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE 3 CASE NAME: CHICK-FIL-A CASE NO: ZC 2019-0001/LCPA 2019-0002 (DEV2018-0177) WHEREAS, CHICK-FIL-A, "Developer," has filed a verified application with the City of Carlsbad regarding property owned by PALOMAR AND CO., A GENERAL PARTNERSHIP, "Owner," described as PARCEL 1 AND PARCEL 2 OF PARCEL MAP NO. 13955, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO, SEPTEMBER 16, 1985 AS INSTRUMENT NO. 85-340585 OF OFFICIAL RECORDS. ("the Property"); and WHEREAS, said verified application constitutes a request for a Zone Change, and Local Coastal Program Amendment as shown on Attachments A and B dated Oct. 13, 2021 attached hereto and made a part hereof; and WHEREAS, the Planning Commission did, on December 1, 2021, hold a duly noticed public hearing as prescribed by law to consider said request, and recommended approval through Planning Commission Resolution 7434; 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 2019-0001/LCPA 2019-0002 — CH ICK-F IL-A." NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, ordains as follows that: CELIA A. BREWER, City Attorney 2 MATT HALL, Mayor 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 in Attachments A and B dated Oct. 13, 2021, attached hereto and made a part hereof. 3.That the findings and conditions of the Planning Commission in Planning Commission Resolution No. 7434 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 2019-0002 is approved by the California Coastal Commission). INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on the 22nd day of February 2022, and thereafter PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 8th day of March, 2022, by the following vote, to wit: AYES: Hall, Bhat-Patel, Acosta, Norby NAYS: None ABSENT: Blackburn APPROVED AS TO FORM AND LEGALITY: 1/1 7t` 1 6 j 011111111118% CAP:14 =-- ---±-1) 'f°1 FAVIOLA MEDINA, City Clerk Services Manager .............. (SEAL) Attachment A Exhibit "ZC 2019-0001" October 13, 2021 ZC 2019-0001 Chick-fil-A EXISTING PROPOSED Related Case File No(s): GPA 2019-0001/LCPA 2019-0002/AMEND 2019- 0004/AMEND 2021-0011/CDP 2019-0007 Zoning Designation Changes Property From: To: A. 210-170-08-00 . P-M C-T-Q B. 210-170-09-00 P-M C-T-Q March 8, 2022 Item #7 Page 5 of 6 C-T-Q ts, \C-T-Q P-4V1 Attachment B Exhibit "LCPA 2019-0002" October 13, 2021 LCPA 2019-0002 (Zoning) CHICK-FIL-A EXISTING PROPOSED Related Case File No(s): GPA 2019-0001 / ZC 2019-0001 / AMEND 2019-0004 AMEND 2021-0011 / CDP 2019-0007 LCPA Zoning Designation Changes Property From: To: A. 210-170-08-00 P-M C-T-Q B. 210-170-09-00 P-M C-T-Q March 8, 2022 Item #7 Page 6 of 6