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HomeMy WebLinkAbout2022-03-08; City Council; CS-415; APPROVING A ZONE CHANGE, ON TWO PROPERTIES (APNS 210-170-08, - 09) FROM PLANNED INDUSTRIAL (P-M) COMMERCIAL/VISITOR-SERVING OVERLAY TO COMMERCIAL TOURIST COMMERCIAL/VISI...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