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HomeMy WebLinkAboutLCPA 96-02; Aviara Planning Area 23; Local Coastal Program Amendment (LCPA)h - Ine City of CARLSBAD Planning Departmeuc n A REPORT TO THE PLANNING COMMISSION &U P.C. AGENDA OF: June 4,1997 Application complete date: April 26, 1996 Project Planner: Michael Grim Project Engineer: Clyde Wickham SUBJECT: MP 177(R)/GPA 96-02LCPA 96-02 - AVIARA PLANNING AREA 23 - Request for a General Plan Amendment to change the land use designation on a 18.3 acre parcel (Planning Area 23) from Neighborhood Commercial to Residential Medium Density and a Master Plan Amendment and Local Coastal Program Amendment to change the allowed uses and development standards of Planning Area 23 from neighborhood commercial to attached multifamily residential, on property generally located north of Aviara Parkway, both east and west of Black Rail Court, in Local Facilities Management Zone 19. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 4113, RECOMMENDING APPROVAL of the Negative Declaration issued by the Planning Director and ADOPT Planning Commission Resolutions No. 4 1 14,411 5 and 4 1 16, RECOMMENDING APPROVAL of a Master Plan Amendment MP 177(R), General Plan Amendment GPA 96-02 and Local Coastal Program Amendment LCPA 96-02, based on the findings and subject to the conditions contained therein. 11. INTRODUCTION This proposal involves a General Plan Amendment to redesignate an 18.3 acre parcel (Planning Area 23) from Neighborhood Commercial (N) to Residential Medium Density (RM) and a Master Plan Amendment and Local Coastal Program Amendment to revise permitted land uses and development standards for Aviara's Planning Area 23 from commercial to attached multifamily residential. 'Involved in the land use change proposal are the issues of the adequacy of convenient commercial opportunities and the utilization of excess dwelling units from the southwest quadrant reserves. Analysis shows that the proposal conforms with all applicable policies and good planning principles and staff has no issues with the land use change request. 111. PROJECT DESCRIPTION AND BACKGROUND Aviara Land Associates is requesting a General Plan Amendment, Master Plan Amendment and Local Coastal Program Amendment that would change Aviara Planning Area 23 from a commercial site to an attached multifamily residential site. The site is located north of Aviara Parkway and is split into two sections by Black Rail Court. Partially developed with the Aviara Information Center, Planning Area 23 is mostly a vacant, previously graded area. Adjacent to the graded pad is an SDG&E easement that contains the master plan recreational vehicle storage . MP 177(R)/GPA 96-02LCrA 96-02 - AVIARA PLANNING AREA 23 JUNE 4,1997 area and natural open space. To the north of the site are the Zone 20 agricultural properties and to the east are natural open space areas. West of the site is a small open space area and Aldea (Planning Area 16), a townhome condominium development and to the south is Marea (Planning Area 12), a clustered single family condominium development. Aviara Planning Area 23 is zoned Planned Community (P-C) and designated Neighborhood Commercial (N) in the City’s General Plan. The existing master plan regulations for Aviara Planning Area 23 call for a maximum of 120,000 square feet of neighborhood commercial uses. These commercial uses would likely include convenience retail, barber and beauty shops, professional offices andor financial institutions. The commercial site was originally placed in the master plan in order to reserve land in case commercial development was needed in the future. The Planned Community Zone and the Aviara Master Plan call for a balanced mix of uses, and neighborhood commercial opportunities were chosen to fulfill that provision within Aviara. Since the original approval of the Aviara Master Plan, nearby commercial opportunities have grown with the expansion of the Poinsettia Village commercial center at Poinsettia Lane, west of Interstate 5, and the construction of the Plaza Paseo Real shopping center at Aviara Parkway and El Camino Real (both containing over 145,000 square feet of retail space). In addition, there are still undeveloped or redeveloping commercially designated properties at the southwest corner of Poinsettia Lane and Interstate 5 and the northeast corner of El Camino Real and La Costa Avenue. After conducting a recent marketing study that analyzed the commercial trade areas for neighborhood centers at buildout of the southwest quadrant of the City (see Attachment “A”, dated July 1996), Aviara Land Associates determined that the site was not economically viable for commercial uses due to the proximity of these commercial centers to the Aviara Master Plan, hence the current land use change request. Several property owners within Carlsbad have recently approached the City about commercial development on their property, either through actualization of their existing zoning or through zone changes to commercial designations. In response to these potentially disparate land use inquiries, the City Council directed staff to conduct a City-wide commercial land use study. The Neighborhood and Community Commercial Land Use Study, completed in October, 1996 and presented to City Council on April 8, 1997, set forth to answer two questions: 1) does the City have sufficient commercially designated land for retail shopping and; 2) if more sites are needed, can we avoid undesirable impacts such as strip commercial development. The second question is not applicable to this proposal since the project is confined to a land use change from commercial to residential. One of the methods used to address the first question was to plot the primary trade areas for all neighborhood and community commercial sites in Carlsbad. The primary trade area can be defined as the geographical area from which the center will derive a large majority of its repeat customers. Similar to the one of the methods used in the Aviara’s study, plotting of the primary trade areas should indicate if there are any areas of the City that are not covered by at least one trade area. Using a primary trade area covering a 1.5 mile radius (or approximately 7.0 square miles) around the neighborhood commercial centers, the City Land Use Study showed that there was adequate coverage throughout the southern quadrants but coverage was lacking in the . MP 177(R)/GPA 96-02LCrA 96-02 - AVIARA PLANNING AREA 23 JUNE 4,1997 southern portions of the northern quadrants (such as Veteran’s Memorial Park and the airport industrial area). To address this lack of coverage, the study cited the possibility of working with property owners to identify future commercial sites in the Veteran’s Memorial ParkPalomar Airpodzone 5 industrial parks areas, along with other parts of the northeast quadrant. Regarding the primary trade area for the Aviara Planning Area 23 neighborhood commercial site, 95 percent of the 1.5 mile radius is duplicated by the primary trade areas of proximate commercial centers, namely Poinsettia Village and Plaza Paseo Real. The areas of exclusive coverage for Planning Area 23 are a 0.3 square mile area north and south of Palomar Airport Road, just east of Aviara Parkway/College Avenue and a 0.09 square mile area south of La Costa Avenue, near Saxony Road. The latter area is in Encinitas, outside of the limits of Carlsbad’s legislative control. The former area lies within that portion of the City recommended for possible future commercial sites to serve the airport industrial area. With respect to Aviara in general, the entire master plan is currently covered by at least one, and in some places three, existing neighborhood commercial sites. This does not include the trade area coverage of either the vacant commercial site on the southeast corner of Poinsettia Lane and Interstate 5 or the Aviara Planning Area 23 site. Considering that the existing and future potential commercial development appears to provide adequate trade area coverage without the Aviara Planning Area 23 site, the next issue is the acquisition of dwelling units for the proposed Residential Medium (RM) designation. The proposed maximum unit yield for Planning Area 23 is 142 units. The issue of dwelling unit acquisition in Aviara involves several aspects: the drawing of excess units from the southwest quadrant reserve and, the evaluation of the need for adjustments to the Local Facilities Management Plan, Aviara Affordable Housing Agreement, Aviara Parks Agreement, CUSD Mello-Roos District and Alga Road Assessment District. The allocation of excess dwelling units are guided by City Council Policy No. 43. The recently amended policy divides dwelling unit allocations into three priority groups. The conversion of property fkom a non-residential to residential designation is in the third priority group, behind such developments as affordable housing, infill single family and senior citizen housing. According to Policy No. 43, the purpose of having three priority levels is to address the issue of having only a minimal number of excess units available in a quadrant at any one particular point in time. If there are only a minimal number of excess units available in a quadrant, then the units should only be used for a first priority project. Conversely, if these are a substantial number of excess units available in the quadrant, allocation to a second or third priority project is acceptable. When the units are to be used for a General Plan Amendment, such as proposed with the Aviara Planning Area 23 project, there are additional findings required. The property must have been designated for other than a residential use on July 1986 and must be compatible for residential use without significant mitigation. Also, the density of the project must not exceed the Growth Management Control Point of any adjacent residential property. As discussed in the Growth Management Analysis section below, there are approximately 1,448 excess dwelling units in the southwest quadrant whereas there are approximately 6,900 units remaining to be built in the quadrant. Therefore, if all remaining units requested a 15 percent density bonus for affordable . MP 177(R)/GPA 96-02/LCrA 96-02 - AVIARA PLANNING AREA 23 JUNE 4,1997 housing, there would still be over 400 excess dwelling units in the southwest quadrant reserves [(6,900 x 0.15) - 1,448 = 4131. Even though Planning Area 23 has always been designated for neighborhood commercial uses, it is equally compatible as a residential site and, as discussed below, the Aviara development is sufficiently below the Growth Management density projections in the Zone 19 Local Facilities Management Plan. As detailed below in the Aviara Master Plan Analysis section, the Affordable Housing and Parks Agreements and the school and roadway districts require no adjustment since development within Aviara has fallen short of the original expectation of unit yield. Based upon the large proportion of excess dwelling units in the southwest quadrant, the ability to make the Policy No. 43 findings, and the lack of adjustments needed to existing agreements and districts, allocation of units to accommodate the proposed amendments to the General Plan, Aviara Master Plan, and Local Coastal Program appears acceptable. The Aviara Planning Area 23 proposal is subject to the following regulations: A. General Plan; B. Local Coastal Program; C. Aviara Master Plan (MP 177 and its amendments); D. Growth Management Ordinance; and E. Local Facilities Management Zone 19. IV. ANALYSIS The recommendation for approval of the Aviara Planning Area 23 project was developed by analyzing the project’s consistency with the applicable policies and regulations listed above. The following analysis section discusses compliance with each of these regulations/policies utilizing both text and tables. A. General Plan The proposed project is consistent with the applicable policies and programs of the General Plan. Particularly relevant to the proposed amendments are the Land Use and Housing Elements. Table 1 below indicates how the project complies with these particular elements of the General Plan. MP 177(R)/GPA 96-02LC~A 96-02 - AVIARA PLANNING AREA 23 JUNE 4,1997 PAGE 5 ELEMENT Land Use Housing TABLE 1 - GENERAL PLAN COMPLIANCE USE CLASSIFICATION, GOAL, OBJECTIVE OR PROGRAM A City which provides for land uses which through arrangement, location and size, support and enhance the economic viability of the community. Sufficient new, affordable housing opportunities in all quadrants. PROPOSED USES AND IMPROVEMENTS The City’s Neighborhood and Community Commercial Land Use Study found that the site was not needed as a commercial site. Allocation of 142 units to Planning Area 23 does not preclude the provision of affordable housing in the southwest quadrant. COMPLIANCE Yes Yes In addition to the above conformities, the proposed land use changes are compatible with the neighboring uses in that Planning Area 23 is surrounded by medium and low-medium density residential property and open space. The proposed density at the top of the General Plan range is acceptable because, as discussed in section E below, those units were already anticipated in the Zone 19 LFMP. The proposed land use changes are also consistent with the underlying zoning, Planned Community (P-C), in that they continue to provide the necessary balance of land uses within the Aviara Master Plan. B. Aviara Master Plan One of the goals of the Aviara Master Plan is to provide a well-balanced and functional mix of various land uses which will create a high quality environment. As discussed above, the City’s and Aviara’s commercial land use studies indicated that there will likely be adequate neighborhood commercial trade area coverage and the entire Aviara Master Plan is covered by the trade area of at least one neighborhood commercial site. Therefore, the balance of land uses as proposed continues to be functional. With regard to the special agreements and districts within Aviara, most are based upon the total dwelling unit count for the master plan. The Carlsbad Unified School District Mello Roos District is based upon the number of dwelling units, therefore increasing residential yield increases revenues for the district. The proportionate share of the Alga Road Assessment District has already been set for Planning Area 23, therefore the land use change will not affect that district. Aviara also has agreements with the City with respect to the provision of park land and affordable housing, both of which are based on a maximum unit yield for the master plan. The Parks Agreement is based on a master plan total of over 2,700 dwelling units. Based upon the existing final maps, approved tentative maps and master plan use allocations for undeveloped residential planning areas, the total unit yield for Aviara, excluding the proposed 142 units in . MP 177(R)/GPA 96-02LCrA 96-02 - AVIARA PLANNING AREA 23 JUNE 4,1997 Planning Area 23, is approximately 2,100 units. Therefore, the additional 142 units is much less than could be accommodated by the existing Aviara Parks Agreement. The Aviara Affordable Housing Agreement also anticipated a larger number of units than has been realized. For example, according to the agreement, Planning Areas 15 and 28 were to develop with a total of 192 and 66 units, respectively, whereas the actual dwelling unit count for the Planning Areas 15 and 28 final maps are 54 ands 61, respectively. Therefore, the development of Planning Areas 15 and 28 created a total of 143 additional units that could be accommodated without amending the existing Affordable Housing Agreement. Since both of the Parks and Affordable Housing agreements were based on a higher unit yield than has been realized, the additional units proposed for Planning Area 23 can be accommodated by the existing agreements. In addition to being consistent with the special districts and agreements, the development standards and design guidelines proposed for Planning Area 23 mimic those found in the other multifamily residential sites in Aviara. For example, building heights are limited to 35 feet and the minimum building separation is 20 feet, as with the other multifamily planning areas (i.e. PA 7, 16, 18, 19 and 20). Considering the above, the proposed land use change is consistent with the Aviara Master Plan. C. Local Coastal Program Aviara Planning Area 23 is located within the Mello I segment of the Local Coastal Program, therefore, the proposal is subject to the Land Use Plan and Implementing Ordinances for that segment. The implementing ordinance for those portions of the Mello I segment within Aviara is the Aviara Master Plan. This section addresses only conformance with the Land Use Plan, since conformance with the implementing ordinance (the Aviara Master Plan) is addressed in section B above. The policies of the Mello I Land Use Plan emphasize topics such as preservation of agriculture and scenic resources, protection of environmentally sensitive resources, provision of shoreline access, and prevention of geologic instability and erosion. There are no agricultural activities or prime agricultural lands within Aviara Planning Area 23. No scenic resources or potential coastal access routes exist on the project site and all grading will conform to the City Standards, regardless of land use. The area of development would remain the same, whether the site is developed as a residential or commercial project, therefore the surrounding environmentally sensitive resources would remain undisturbed. Considering the above, the proposed land use change for Aviara Planning Area 23 is consistent with the Mello I Local Coastal Program. D. Growth Management Ordinance The proposed land use change involves several growth management issues. First is the issue of excess dwelling unit allocation to the site. Once it can be established that units are available for allocation, then the facility impacts of those residential units must be evaluated and compared to the Local Facilities Management Zone buildout assumptions to determine Growth Management Compliance. MP 177(R)/GPA 96-02LCr.A 96-02 - AVIARA PLANNING AREA 23 JUNE 4,1997 As mentioned above, allocation of excess dwelling units is guided by the City Council’s Policy No. 43. Since the Council policy deems land use changes from non-residential to residential as a lower priority, justification must be made that, after allocation of excess units, there are enough remaining units to meet the special housing needs identified in the higher priority categories in Policy No. 43. Development within the southwest quadrant has been at a significantly lower density than originally anticipated by the Growth Management projections, resulting in an excess dwelling unit reserve of over 1,400 units. In addition, all of the existing, approved tentative maps that have yet to be constructed are meeting their affordable housing requirements through methods other than density bonuses. Therefore, no withdrawal of excess units will be required for those projects already approved in Zones 19 and 20. The largest potential of a higher priority need for excess units in the southwest quadrant will likely come from the Poinsettia Properties Specific Plan area,. which will contain transit-oriented development (in the second priority group of Policy No. 43). Future residential development in Zones 21 and 23 could also require additional units to meet their affordable housing requirement, however there are still affordable housing credits available in the Villa Loma apartment project. As discussed in the Project Description section above, even if the remaining 6,900 dwelling units in the southwest quadrant were allowed a density bonus for inclusionary housing, there would still be over 400 dwelling units remaining. Given that there are very few developments remaining that would likely require excess dwelling units, and that there remains a large excess dwelling unit reserve, allocation of excess dwelling units from the southwest quadrant for the Aviara Planning Area 23 land use change is potentially acceptable. One final assessment is required prior to recommending allocation of excess dwelling units for land use changes, that being the three special findings contained in Council Policy No. 43. The first finding requires historic zoning of the property to be non-residential at least prior to July 1986. Aviara Planning Area 23 has been designated for commercial uses since inception of the master plan and was identified as a commercial site in the Zone 19 LFMP. The second finding requires the property to be compatible for residential use without significant mitigation. Since the properties surrounding Planning Area 23 are either residential or open space, no compatibility issues will arise with the proposed residential land use designation. The third finding requires the density of the proposed land use to be the same or less than the Growth Management Control Point of adjacent residential property. The two most proximate residentially designated parcels in Aviara (Planning Areas 12 and 16) are both developed or being developed at an RM density range. The adjacent properties in Zone 20 are currently in agriculture but are designated RLM in the City’s General Plan. While this is a lower density designation than proposed for Aviara Planning Area 23, staff is supportive of the land use change and unit allocation for several reasons. First, Planning Area 23 is at least 20 feet lower than the adjacent Zone 20 properties, this eliminating any impacts caused by multifamily building heights (maximum 35 feet) and the adjacent single family building heights (30 feet maximum). Second, since all land around Planning Area 23, except those properties in Zone 20, is already developed, the increased density will not be growth inducing land use change. Lastly, the proposed medium density residential development would be much more compatible with an adjacent single family neighborhood than the existing, allowed 120,000 square foot commercial development, which would be only slightly less intense than Plaza Paseo Real or Poinsettia Village. MP 177(R)/GPA 96-02LCrA 96-02 - AVIARA PLANNING AREA 23 . JUNE 4,1997 Even though development is not proposed concurrent with this land use change request, an evaluation of the maximum facility impacts of the potential residential development is needed to evaluate compliance with the Growth Management Program. As detailed in section E below, the Zone 19 Local Facilities Management Plan was based on a much larger unit yield than is actually being developed. Additionally, this land use change would delete up to 120,000 square feet of Neighborhood Commercial uses from the facility plan area. Therefore, the impacts from the addition of a maximum of 142 dwelling units still conforms to the performance standards of the Growth Management Program. Table 2 below details this conformance through a comparison of the existing and proposed land uses and their relative impacts. I TABLE 2: GROWTH MANAGEMENT COMPLIANCE Standard Residential (142 dwelling units) ImpactdStandards ~ City Administration I 493.69 sq fi 263.27 sq fi I ~ Library ~ Waste Water Treatment I 142 EDU 0.99 acres 1 Parks I Drainage I NIA Circulation 1,136 ADT Fire Station #4 NIA I Open Space Schools I NIA Sewer Collection System 142 EDU Water 3 1,240 GPD Commercial Use Compliance (120,000 sq ft) Impacts/Standards I II ll Yes I NIA I NIA Yes I Yes I 86 EDU NIA I Yes I NIA I Yes I 8,400ADT I Yes II Station #4 I Yes II NIA I Yes II ll Yes I NIA 86 EDU I Yes II Yes II 18,920 GPD' 1 E. Zone 19 Local Facilities Management Plan Aviara Planning Area 23 lies within Local Facilities Management Zone 19 and all facilities impacts of the proposed land use change must be related back to the buildout projections of the zone. Since the Aviara Master Plan has underdeveloped by approximately 800 dwelling units, the addition of 142 units to Planning Area 23 has little impact on facilities. The project is allowed to exceed the Growth Management Control Point without invoking Policy 43 because the units are not considered excess dwelling units. The Zone 19 LFMP incorporates these units into the buildout assumptions and, accordingly, all facilities were sized to accommodate these units. There are no special development requirements in the Zone 19 LFMP that would apply to the proposed residential land use designation and all improvements necessary to serve the site are MP 177(R)/GPA 96-02LCrA 96-02 - AVIARA PLANNING AREA 23 JUNE 4,1997 PAGE 9 already in place or will be in place prior to development. Therefore, the proposed land use change for Aviara Planning Area 23 is consistent with the Zone 19 Local Facilities Management Plan. V. ENVIRONMENTAL REvlEW An environmental analysis of the proposed project was conducted and no significant impacts were identified. Specifically the change of land use was assessed as not having an adverse impact on the environment and a Negative Declaration was issued by the Planning Director. An addendum has been included to the Master Environmental Impact Report for the 1994 General Plan Update (MEIR 93-01), which amends the project description to included this property as Residential Medium Density versus Neighborhood Commercial. A brief discussion that the land use change does not have associated impacts is included. ATTACHMENTS: 1. 2. 3. 4. 4. 5. 6. 7. MG.br Planning Commission Resolution No. 41 13 Planning Commission Resolution No. 41 14 Planning Commission Resolution No. 41 15 Planning Commission Resolution No. 41 16 Location Map Disclosure Statement Background Data Sheet Attachment “A” - Aviara Commercial Site Demand Analysis, dated July 1996, previously distributed. AVIARA P. A. 23 MP 177(R)/GPA 96=02/LCPA 96-02 ?ha fcllowing information must be disclosed: 1. ADD iicant tist the names and addresses of all persons having a financial interest in the application. Aviara Land Associates Limited Partnershin 2011 Palomar Aimort Road Suite 206 Carlsbad. CA 92009 2. Owner List the names and addresses of all persons having any ownership interest in the property involved. Aviara Land Assoc'kates Limited Partnership 2011 Palomar Airport Road 3. If any person identifted pursuant to (1) or (2) above is a corporation or partnership, list the names and addresses of all individuals owning more than 10% of the shares in the corporation or owning any pannership interest in the partnership. A 4. If any person iderrtined pursuant to (1) or (2) above is a non-profit organization or a trust, list the names and addresses of any penon serving as officer or director of the non-profrt organization or as trustee or beneficiary of the trust. FRM00013 8/90 2075 Las Palmas Drive - Carlsbad. California 92009-4859 - (619) 438-1161 , 3isclosute Statement - 3. Have YOU had &ore than 5250 worn of business transacted with any member of City s:aC:, :carts mrnittees and Cauncil'within the past twelve mmhs? If yes, please indicate person(s) Owner: Aviara Land Associates Limited Partnership, a Delaware limited partnership Aviara Land pany, a Delaware By: won,Beral Partner BY. -7-1 A r By: ' Scott M. Medansky/Asst. Sccr4ary By: Republic Devel ment Co., a 3p By: By: Date: 4 Applicant: Aviara Land Associates Limited Partnership, a Delaware limited partnership a Delaware By: , ' Scott M. Mew-/Asst. Secretafy By: Republic Development Co., a Date: - BACKGROUND DATA SHEET CASE NO: MP 177(R)/GPA 96-02/LCPA 96-02 CASE NAME: Aviara Planning Area 23 APPLICANT: Aviara Land Associates REQUEST AND LOCATION: Request for a General Plan Amendment to change the land use designation on a 18.3 acre uarcel from Neighborhood Commercial to Residential Medium Density and a Master Plan AmendmentLocal Coastal Program Amendment to change the allowed uses and development standards of Planning Area 23 from neighborhood commercial to multifamily residential, on property located north of Aviara Parkway, off of Black Rail Court. LEGAL DESCRIPTION: South, Range 4 West, in the City of Carlsbad, County of San Diego, State of California. APN: 21 5-040-24 Acres: 18.3 Proposed No. of Lots/Units: N/A A uortion of Section 22.26,27,28,33. and 34 in Townshiu 12 GENERAL PLAN AND ZONING Land Use Designation: N - Neighborhood Commercial Density Allowed: N/A Existing Zone: P-C Surrounding Zoning and Land Use: (See attached for information on Carlsbad’s Zoning Requirements) Density Proposed: 4.0 - 8.0 du/ac Proposed Zone: P-C Site North south East West Zoning Land Use P-c Information Center L-c Agriculture/single family P-c Clustered single family P-c Natural open space P-c Multifamily townhomes PUBLIC FACILITIES School District: Carlsbad Water District: Carlsbad Sewer District: Carlsbad Equivalent Dwelling Units (Sewer Capacity): N/A Public Facilities Fee Agreement, dated: March 27. 1996 ENVIRONMENTAL IMPACT ASSESSMENT Ix] 0 Negative Declaration, issued Mav 3. 1997 Certified Environmental Impact Report, dated 0 Other,