HomeMy WebLinkAbout2022-11-15; City Council; ; Adoption of Ordinance No. CS-439 - Zoning Changes to Citywide Zoning Map (Case Name: Jefferson Mixed-Use; Case No.: ZC 2021-0003 (DEV2020-0116))CA Review CKM
Meeting Date: Nov. 15, 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-439 - Zoning Changes to Citywide Zoning
Map (Case Name: Jefferson Mixed-Use; Case No.: ZC 2021-0003
(DEV2020-0116))
District: 1
Recommended Actions
Adopt Ordinance No. CS-439 approving a zone change to amend the zoning map from
Residential Density-Multiple Zone (RD-M) to Residential-Professional with a Qualified Overlay
Development Zone (R-P-Q) for 2754 Jefferson St., a 0.16-acre property (APN 203-201-01-00) in
Local Facilities Management Zone 1.
Executive Summary/Discussion
This ordinance approves a change in zoning to allow for the development of a project on
Jefferson Street that is to consist of a three-story, four-unit condominium building and a one-
story detached commercial office building. (The City Council approved a series of discretionary
development permits for the project on Nov. 8. 2022.)
Ordinance No. CS-439 was introduced and first read at the City Council meeting held on Nov. 8,
2022. 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-439. The second reading allows the City
Council to adopt the ordinance, which will become effective 30 days after its adoption.
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 Services Manager 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
In accordance with the California Environmental Quality Act and its guidelines, a program
environmental impact report (State Clearinghouse No. 2011011004, EIR 13-02), was certified as
complete on Sept. 22, 2015, by the City Council for the Comprehensive General Plan Update.
Nov. 15, 2022 Item #11 Page 1 of 6
The environmental report evaluated all land development proposed through the application of
policies and regulations, and as logical parts of a long-term plan.
Under CEQA Guidelines Section 15168, the request to construct four residential air-space
condominium units and an office building is within the scope of the previously certified
environmental report. All feasible mitigation measures and alternatives developed in the report
adequately address the anticipated adverse effects of the project.
Staff have found that an addendum to the environmental report is appropriate under CEQA
Guidelines Section 15164 because only minor changes and additions to the final environmental
report are necessary to address the project changes and there are no circumstances that call
for the preparation of a subsequent or supplemental environmental report under CEQA
Guidelines Sections 15162 and 15163. (Refer to Exhibit 2 for additional support and
justification.)
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-439
2.Environmental Evaluation
Nov. 15, 2022 Item #11 Page 2 of 6
Exhibit 1
ORDINANCE NO. CS-439
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING ZONE CHANGE (AMENDMENT TO THE CITYWIDE
ZONING MAP) FROM RESIDENTIAL DENSITY-MULTIPLE ZONE (RD-M) TO
RESIDENTIAL PROFESSIONAL WITH A QUALIFIED OVERLAY DEVELOPMENT
ZONE (R-P-Q) ON A 0.16 ACRE PARCEL GENERALLY LOCATED AT 2754
JEFFERSON STREET (APN 203-201-01-00) IN LOCAL FACILITIES
MANAGEMENT ZONE 1
CASE NAME: JEFFERSON MIXED-USE
CASE NO: ZC 2021-0003 (DEV2020-0116)
WHEREAS, KARNAK PLANNING AND DESIGN, “Developer,” has filed a verified application
with the City of Carlsbad regarding property owned by SCARPELLI FAMILY TRUST, “Owner,” described
as:
LOT 1 OF SCHELL AND SITES ADDITION TO CARLSBAD, IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CAIFORNIA, ACCORDING TO
MAP THEREOF NO. 2145, FILED IN THE OFFICE OF THE COUNTY RECORDER
OF SAN DIEGO COUNTY, FEBRUARY 20, 1929.
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Zone Change as shown on
ZC 2021-0003 dated July 15, 2022, attached hereto as Attachment A and made a part hereof; and
WHEREAS, pursuant to the California Environmental Quality Act, a Third Addendum to an
Environmental Impact Report (EIR), State Clearinghouse No. 2011011004 (EIR 13-02), relative to the
project was prepared and the City Council adopted it per City Council Resolution No. 2022-256; 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 2021-0003 – JEFFERSON MIXED-USE, Attachment A.
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.
Nov. 15, 2022 Item #11 Page 3 of 6
2.That Section 21.05.030 of the Carlsbad Municipal Code, being Zoning Map, is
amended as shown on the map marked ZC 2021-0003 dated July 15, 2022, attached hereto as
Attachment A and made a part hereof.
3.That the findings and conditions of the Planning Commission in Planning
Commission Resolution No. 7459 shall also constitute the findings and conditions of the City Council.
4.That concurrently with this ordinance, the City Council is taking a number of actions
in furtherance of the project, as generally described by the City Council staff report. No single
component of the series of actions made in connection with the project shall be effective unless and
until it is approved by an ordinance or resolution and is procedurally effective in the manner provided
by state law. Therefore, this ordinance shall become effective and operative only if the companion
resolutions are approved.
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 this 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.
INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on the 8th
day of November, 2022, and thereafter
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 15th day of November, 2022, by the following vote, to wit:
AYES:
NAYS:
ABSENT:
Hall, Blackburn, Bhat-Patel, Acosta, Norby.
None.
None.
APPROVED AS TO FORM AND LEGALITY:
CINDIE McMAHON, City Attorney
MATT HALL, Mayor
jt,-FAVIOLA MEDINA, City Clerk Services Manager
(SEAL)
Nov. 15, 2022 Item #11 Page 4 of 6
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ZC 2021-0003
ZC 2021-0003July 15, 2022
PROPOSED
V-B
RD-M
R-3
R-P-Q
EXISTING
Jefferson Mixed-Use
V-B
RD-M
R-3
R-P-Q
V-B
V-B
From:To:
A. 203-201-01-00 RD-M R-P-Q
B. 203-201-02-00 R-P-Q R-P-Q
GPA 2021-0004 / CT 2021-0001 / PUD 2021-0004 / PUD 2022-0002 SDP 2021-0014 (DEV2020-0016)
Zoning Designation Changes
Property
Related Case File No(s):
A
B
A
B
Attachment A
Nov. 15, 2022 Item #11 Page 5 of 6
Exhibit 2
ENVIRONMENTAL EVALUATION-SUPPLEMENTAL
JEFFERSON MIXED-USE
GPA2021-0004, ZC2021-0003, CT2021-0001, PUD2021-0004, PUD2022-0002, SDP2021-0014
(DEV2020-0116)
City staff evaluated the details of the project, and all aspects of the changes, in light of the
standards for subsequent environmental review outlined in Public Resources Code section 21166
and CEQA Guidelines section 15162. City staff concluded that the PEIR fully analyzed and
mitigated, where feasible, all potentially significant environmental impacts, if any, that would
result from the construction of four residential air-space condominium units and an office
building, and therefore, no subsequent EIR or subsequent mitigated negative declaration is
required. However, the details of the request also involve the processing and approval of a
General Plan Amendment and Zone Change. Since the types of land uses permitted were not
within the scope of the PEIR, a subsequent EIR, supplement to the EIR, mitigated negative
declaration or negative declaration would have to be prepared. An addendum to a EIR may also
be prepared, if minor changes or additions to the previous EIR are necessary, but none of the
conditions listed in section 15162 of the CEQA Guidelines, have occurred.
On that basis, city staff has prepared an Addendum, focusing on the environmental changes
caused by the development project, including planning, construction and operation, pursuant to
CEQA Guidelines section 15164 (see Exhibit 10). The Addendum is appropriate pursuant to CEQA
Guidelines section 15164 because only minor changes and additions to the Final PEIR are
necessary to address the project changes and no circumstances exist calling for the preparation
of a subsequent or supplemental PEIR pursuant to CEQA Guidelines sections 15162 and 15163.
The proposed Addendum concluded that there are no substantial changes to the circumstances
under which the proposed project is undertaken that would require major revisions to the Final
PEIR. There is no new information of substantial importance which was not known or could not
have been known at the time the Final PEIR was certified that shows the proposed project would
have significant effects not discussed previously; a substantial increase in severity of a previously
identified significant impact; mitigation measures or alternatives previously found infeasible that
would now be feasible and would substantially reduce one or more significant effects; or
mitigation measures or alternatives which are considerably different from those analyzed in the
Final PEIR which would substantially reduce one or more significant effects on the environment.
The project would not result in new or more severe impacts beyond those addressed in the Final
PEIR and would not meet any other standards requiring further environmental review under
State CEQA Guidelines sections 15162 and 15163. No further analysis or environmental
documentation is required.
Nov. 15, 2022 Item #11 Page 6 of 6