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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 M A D I S O N S T JE F F ER SO N S T HOME A V ARBU C K L E PL M A D I S O N S T J E F F E RSON S T HOME A V ARBU C K L E PL 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