HomeMy WebLinkAbout2024-02-06; City Council; CS-467; AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING SECTION 21.05.030 OF THE CARLSBAD MUNICIPAL CODE BY APPROVING AMENDMENTS TO THE ZONING MAP ...ORDINANCE NO. CS-467
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, AMENDING SECTION 21.05.030 OF THE CARLSBAD MUNICIPAL
CODE BY APPROVING AMENDMENTS TO THE ZONING MAP AND THE LOCAL
COASTAL PROGRAM ZONING MAP TO CHANGE ZONING FROM ONE FAMILY
RESIDENTIAL, MINIMUM 8,000 SQUARE FOOT LOT SIZE (R-1-8000) AND
OPEN SPACE (OS) TO OPEN SPACE (OS) FOR A 14.58 ACRE PROPERTY AT THE
TERMINUS OF AURA CIRCLE; AND AN AMENDMENT TO THE ZONING MAP
TO CHANGE ZONING FROM ONE FAMILY RESIDENTIAL (R-1) TO OPEN SPACE
(OS) FOR A 3.1-ACRE PROPERTY LOCATED AT 1605 BUENA VISTA WAY
CASE NAME: AURA CIRCLE OPEN SPACE AND BUENA VISTA PARK OPEN
SPACE
CASE NO: ZC 2021-0001/LCPA 2021-0011 (PUB 2021-0002) AND ZC
2021-0002 (PUB 2021-0003)
WHEREAS, the City Planner has prepared amendments to the Zoning Map (Title 21 of the
Carlsbad Municipal Code) (ZC 2021-0001 and ZC 2021-0002) and to the Local Coastal Program (LCPA
2021-0011) pursuant to Chapter 21.52 of the Carlsbad Municipal Code, Section 30514 of the Public
Resources Code, and Section 13551 of California Code of Regulations Title 14, Division 5.5; and
WHEREAS, the amendments regard two separate properties owned by the City of Carlsbad and
described as follows:
Property 1 - APN 207-100-48 (“Aura Circle Open Space”):
THAT PORTION OF LOT “I” OF RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO.
823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF LOT 17, OF LAGUNA RIVIERA
UNITY NO. 1, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO MAP THEREOF NO. 5871, FILED IN THE OFFICE OF
THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 21, 1967; THENCE
ALONG THE WESTERLY BOUNDARY OF SAID MAP NO 5871 TO THE NORTHEAST
CORNER OF LOT 37 OF LAGUNA RIVIERA UNITY NO. 2, IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO
MAP THEREOF NO. 6165, FILED IN THE OFFICE OF THE COUNTY RECORDER OF
SAN DIEGO COUNTY, AUGUST 8, 1968; THENCE ALONG THE NORTHERLY
BOUNDARY OF SAID MAP NO. 6165, TO THE SOUNTHEAST CORNER OF LOT 298
OF LAGUNA RIVIERA UNIT NO. 9, IN THE CITY OF CARLSBAD, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 7516, FILED
IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER
29, 1972; THENCE ALONG THE EASTERLY BOUNDARY OF SAID MAP NO. 7516
TO THE MOST NORTHERLY CORNER OF LOT 286 OF SAID MAP NO. 7516, BEING
ON THE SOUTHERLY LINE OF LOT 131 OF CARLSBAD TRACT NO. 76-15, UNIT 3
(PALISADES POINT), IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE
OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 10579 TO THE MOST
SOUTHERLY CORNER OF CARLSBAD TRACT NO. 73-8 (CARLSBAD PALISADES)
UNIT NO. 1, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO MAP THEREOF NO. 8039, FILLED IN THE OFFICE
OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 6, 1974;
THENCE NORTHEASTERLY ALONG SAID NORTHEASTERLY LINE OF SAID MAP
NO. 8039 TO THE POINT OF BEGINNING.
Property 2 – APN 156-200-16 (“Buena Vista Park Open Space”):
THAT PORTION OF TRACT NUMBER ONE TWENTY-ONE (121) CARLSBAD LANDS
AS SHOWN ON MAP THEREOF NUMBER 1661 ON RECORD IN THE OFFICE OF THE
RECORDER OF SAN DIEGO COUNTY BOUNDED BY A LINE DESCRIBED AS
FOLLOWS, TO-WIT:
BEGINNING AT THE MOST NORTHWESTERLY CORNER OF SAID TRACT NUMBER
ONE TWENTY-ONE (121) AND RUNNING THENCE SOUTH EIGHTY-NINE
DEGREESS FIVE MINUTES (89 05’) EAST FIVE HUNDRED TWO (502.0) FEET TO A
POINT; THENCE SOUTH TWENTY-THREE DEGREES FOUR MINUTES (23 O4’) EAST
FOUND HUNDRED THIRTY-FOUR AND FIFTY-EIGHT HUNDREDTHS (434.58) FEET
TO A POINT; THEN SOUTH FIFTY-FITY DEGREES TWENTY-SEVEN MINUTES (55
27’) WEST TWO HUNDRED FEET (200) TO A POINT: THENCE NORTH THIRTY-
FOUR DEGREES THIRTY-THREE MINUTES (34 33’) WEST FIVE HUNDRED NINETY-
FIVE AND THIRTY-FOUR HUNDREDTHS (596.34) FEET TO A PONIT: THENCE
NORTH EIGHTY-NINE DEGREES FIVE MINUTES (89 05’) WEST, ONE HUNDRED
SIXTY-NINE AND FORTY-TWO HUNDREDTHS (169.42) FEET TO A POINT: THENCE
NORTH NO DEGREES FIFTY-MINUTES (0 52’) WEST TWENTY-EIGHT AND
TWENTY-FIVE HUNDREDTHS (28.25) FEET TO THE POINT OF BEGINNING; and
WHEREAS, on Oct. 20, 2021, the Planning Commission held a duly noticed public hearing as
prescribed by law to consider ZC 2021-0001/LCPA 2021-0011 and ZC 2021-0002; and
WHEREAS the Planning Commission adopted Planning Commission Resolutions 7428 and 7429
recommending to the City Council that ZC 2021-0001/LCPA 2021-0011 and ZC 2021-0002 be approved;
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-
0001/LCPA 2021-0011 – Aura Circle Open Space” and “ZC 2021-0002 - Buena Vista Park Open Space.”
NOW, THEREFORE, the City Council of the City of Carlsbad, California, does ordain as follows
that:
1.The above recitations are true and correct.
2.Section 21.05.030 of the Carlsbad Municipal Code, being the Zoning Map and the
Local Coastal Program Zoning Map, is amended as shown on the maps marked
“Exhibit ZC 2021-0001 – Aura Circle Open Space,” dated March 1, 2021, “Exhibit
LCPA 2021-0011 – Aura Circle Open Space”, dated March 1, 2021, and “Exhibit ZC
2021-0002 - Buena Vista Park Open Space” also dated March 1, 2021, all of which
are attached hereto as Attachment A and made a part hereof.
3.The findings and conditions of the Planning Commission in Planning Commission
Resolutions 7428 and 7429 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 to 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, ZC 2021-0001 and LCPA 2021-0011 – Aura Circle Open Space shall not be effective until
approved by the California Coastal Commission. This restriction does not apply to ZC 2021-0002 - Buena
Vista Park Open Space.
INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on the 30th day of January, 2024, and thereafter PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 6th day of February, 2024, by the following vote, to wit: AYES: NAYS: ABSTAIN: ABSENT:
Blackburn, Bhat-Patel, Acosta, Burkholder. None. None. Luna. APPROVED AS TO FORM AND LEGALITY:
CINDIE K. McMAHON, City Attorney KEIJ BLACKBURN, Mayor
SHERRY FREISINGER, City Clerk (SEAL) ~ ~