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HomeMy WebLinkAboutZC 310; Kirgis Property; Zone Change (ZC)APPLICATION Change GJGeneral Plan Amendment QTentative Tract Map DPlanned Unit Development DMajor Condominiun Permit DMinor Condominiun Permit DMaster Plan DMajor Condominium Conversion QMajor Redevelopment Permit (check other boxes if appropriate) D Minor Redevelopment Permit QPrecise Development Plan DSpecif ic Plan O Site Development Plan D Conditional Use Permit OVariance D Planning Commission Determination DSpecial Use Permit OAdministrative Variance Complete Description of Project (attach additional sheets if necessary) Prezone, General Plan Amendment, Annexation Location of Project Adjacent to northeast corner of Macario Canyon Annexation Legal Description (complete) See Attached Exhibit "A" 'arcel Number Zone County RR-2 General Plan NRR and RL Existing Land Use Vacant Proposed Zone R-l-10 Proposed General Plan RLM Site Acreage 21.91 acres Owner Applicant (Print or Type) Howard G. Kirgis -t Ida Name (Print or Type) SZYTEL ENGINEERING & SURVEYING, INC. nailing Address 8332 Pinotage Court Mailing Address 935 West Mission Ave. Ste. H City and State Zip Telephone City and State Zip Telephone San Jose, California 95135 (A08)270-51 I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. SI Escondido, California 92025 (619)7^1-6979 I CERTIFY THAT I AM THE OWNER'S REPRESENTATIVE AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. SIGMKTURB DATE r\ EXHIBIT "A" LEGAL DESCRIPTION That portion of Lot F of RANCHO AGUA HEDIONOA, according to the partition map thereof No. 823, filed November 16,1896, In the office of the Recorder of San Diego County, described as follows: BEGINNING at Point Five of said Lot, thence Westerly along the boundary of said Lot along the line connecting Point Five and Point Six a distance of 1200 feet to a point; thence Southerly at right angles to said first line 740 feet to a pofnt; thence Easterly parallel to said first line a distance of 1^00 feet, more or less, to a point on a line connecting said Point Five and Point Fourteen of said Lot F; thence Northerly along said line connecting Point Five and Point Fourteen to the point of beginning; and containing 22 acres, more or less. CASE NO.: Z C - 3 f APPLICANT: REQUEST: DATE RECEIVED: ENVIRONMENTAL EXEMPT OR EXCEPTED:_ Posted: Led: : Prior Ccctpliance:Published: Filed: NEGATIVE DECLARATICN:_ Posted:Published: ENVIRONMENTAL IMPACT REPORT: Notice of Preparation: Notice of Completion: Notice of Determination: Notice of Determination: PLANNING COMMISSION 1. Date of Hearing: 2. Publication: 3. Notice to Property Owners: /-//- 4. Resolution No._ (Continued to:_ 5. Appeal: Date; /-ACTION; CITY COUNCIL 1. Date of Hearing: 2. Notices to City Clerk; 3. Agenda Bill: 4. Resolution No. 5. Ordinance No./ 7^" Date: Date: ACTION; CORRESPONDENCE Staff Report to Applicant:_ Resolution to Applicant: 8332 Pinotage Court San Jose, Jalifornia 95135 September 4, 1984 iir. Michael J. Holzmiller „- Land Use Planning Manager «r City of Carlsbad •• REttiVEO 1200 Elm Avenue , . UNO USE Carlsbad, Jalifornia 92C08-1989 V-, fWHINQOFFICE Dear !.1r. Kolzmiller: " .--,.,- Reference is made to our conferences and previous correspondence regarding my 22-acre property in North San .Diego County. I am especially concerned about Mike Howes letter of August 9. 1984 in which I was informed that my request for annexation and rezoning had again been delayed, that another iinvironmental Study was needed and that an addi- tional processing fee was required. Your attention is invited to the fact « that I have spent almost *8,CCC.CG to provide the information requested in- . itially and, to date, there has been no progress in providing the desired * action. This delay is absolutely without .iustification. It is my contention that there are no environmental factors of any concern. In fact, development of this property could be verv beneficial in that it, would eliminate the agricultural-worker campsites present in the area, reduce the polution resulting therefrom, reduce the danger of brush fires and provide valuable new housing in .North San Diego County. Further, it is my contention also that the easements into my land are being ignored in the planning underway for the property which surrounds mine. This is a most serious error in that my easements should be given priority in the planning rather than being ignored. YOUT* attention is invited also to the fact that mv present request is for only 32 residential units. This is a reduction of 66 per cent from the number on which the objecting parties based their objections. No reason- able person could possibly oKiect to development of this magnitude, In view of the foregoing, I wish to appeal the action which has been taken on my request and request that it he submitted to the Planning .lorn- mission for their opinion in this matter. Thank you for your assistance and cooperation. 8 inaerely, '0 WRITE IT— DON'T SAY IT INTER-DEPARTMENT MEMORANDUM ff] i c fo* I noT0 /~ DATE 3 '5 3+*** 7 3 <=:PLY ON THIS SHEET FROM +* / fl -Ir^ t "StRvice"UKB STANDARD INTER DEPT. MEMO FORM ti-24-po STATE OF CALIFORNIA—OFFICE OF THE GOVERNOR GEORGE DEUKMEJIAN, Governor OFFICE OF PLANNING AND RESEARCH 1400 TENTH STREET SACRAMENTO, CA 95814 July 26, 1984 (916/445-0613) Mr. Mike Howes Carlsbad City 1200 Elm Avenue Carlsbad, CA 92008 Subject: SCH# 84062707, Kirgis GPA/LU 84-7/2C-310 Dear Mr. Howes: The State Clearinghouse submitted the above named environmental document to selected state agencies for review. The review period is closed and none of the state agencies have comments. This letter certifies only that you have complied with the State Clearinghouse review requirements for draft environmental documents/ pursuant to the California Environmental Quality Act (EIR Guidelines/ Section 15205). Where applicable/ this should not be construed as a waiver of any jurisdictional authority or title interests of the State of California. The project may still require approval from state agencies with permit authority or jurisdiction by law. If so/ the state agencies will have to use the environmental document in their decision-making. Please contact than irrr 5?£Jv ^L?6 <*X?ient 1S finalized With a «** of the o *0** mitigati°n ^^ «* Once the document is adopted (Negative Declaration) or certified (final EIR) and if a **,,«,«„ 'smade to approve the project/ a Notice of Determination wHi-v, «, a «."- S?te agencv' t*16 Notice °f Determination must allo bTfiledwith the Secretary for Resources (EIR Guidelines/ Section 15094(b)). Sincerely/ John B. Ohanian Chief Deputy Director 8332 Pinota^e Court San Jose, California 95135 Mr. Mike Howes Assistant City Planner City of Carlsbad 1200 Elm Avenue Carlsbad, California 92008-1989 Dear Mike: Thenks for your telephone call of Aueust 6th. Please amend my application for annexation and zoniru? to enable me to construct thirty-two (32) residential units on my 22-acre tract. It is my understanding that this matter will be resolved on Auerust 22nd. Is it permissable, and/or desirable, for me or mv representative to attend the meeting of the Planning ftroup? Thenks for your assistance and cooperation. Sinoerely, H. G. MB RECEIVED LAND USE PLANNING OFFICE &&&¥•- 8332 Pinotage Court San Jose, California 95135 July 23, 1984 Mr. Mike Howes Assistant City Planner City of Carlsbad 1200 Elm Avenue Garlsbad, California 92008-1989 Dear Mike: Reference is made to my request for annexation of my 22 acrejj^gf/land located adjacent to the Kelly Ranch property and certain acrea^e/^by the City of Garlsbad. Reference is made also to our conversation on June 27, 1984 regarding this matter and the possibility of an amendment to my in- itial request. Subsequent to our meeting I have made a study of the economics of the actual development of the land and have come to certain conclusions. First, in order to have a viable development project, I must have a minimum of forty units. These would be constructed as two-level condo- miniums in clusters so as to minimize the land surface involved. The steep slopes would remain undisturbed thus providing ample green space for pro- tection of the flora and fauna indigenous to the area. Second, my easements into the property must stand unless alternate routes providing equal or better access are provided. Third, early resolution of these matters is absolutely essential. I would hope that this could be done prior to September 1, 1984. I trust that the foregoing does not provide unnecessarily difficult. problems. If so, Please let me know at an early date so that we can dis- cuss them further. 'Sincezrely, X" /ffar.fa*H. ft. DEVELOPMENTAL SERVICES LAND USE PLANNING OFFICE Cttp of 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008-1989 (619) 438-5591 November 29, 1983 Howard G. Kirgis 2 1 5 Brookwood Road Woodside, California 94062 SUBJECT: CARLSBAD AREA PROPERTY I am responding to your letter regarding the 22 acre property you own in the Carlsbad area. I have visited the site and based on its location and topography, I feel it would be more appropriate for residential use than industrial use. Regarding access, we are reviewing preliminary plans for the Kelly Ranch property located to the north of your property and we will address whether access should be provided through Kelly Ranch. At first glance, it appears that access to your property from the north would make sense unless some other existing or proposed alternative is more appropriate. An explanation of the process for amending the city's general plan and annexing the property to the city is somewhat too complicated to address in a letter so if you would be interested in discussing processing requirements and timing, I would be happy to meet with you. Feel free to contact Anita Ramos at our office (438-5613) if you wish to schedule a meeting. Sincerely, CITY OF CARLSBAD MICHAEL J HOLZMILLER Land Use Planning Manager MJH/ar DEVELOPMENTAL •£_ ^J^ 1200 ELM AVENUESERVICES m*&rm CARLSBAD. CALIFORNIA 92008-1989 LAND USE PLANNING OFFICE W??H-^ „ (619)438-5591 ^jjjjPP '-'/*->^ Citp of Carlrtab Hay 8, 1984 Howard Kirgis 8332 Pinotage Court San Jose, CA 95135 RE: GENERAL PLAN AMENDMENT AND PREANNEXATIONAL ZONE CHANGE Dear Mr. Kirgis, This letter is in regards to the above mentioned applications for your 22 acre parcel in the City of Carlsbad. Before the City can schedule the above mentioned applications for a public hearing the following environmental information must be supplied: 1) Biological Survey of the property 2) Archaeological Survey of the property 3) Traffic study indicating how adequate public access can be provided to the site. The archaeological survey is necessary because a recent EIR done on the adjacent Kelly property indicated the presence of several significant archaeological'*sites. The biological survey is needed to determine whether any rare or endangered species exist on the property. A traffic study is necessary to determine access routes to the site. If the above mentioned information is supplied to staff before the end of this month, it will be possible to schedule this item for the June 27th Planning Commission meeting. If this information is not received by that date it will be necessary to reschedule the requested general plan amendment and zone change for the next .-Planning Commission hearing dealing with general plan amendments which will be sometime in the fall. If you have any questions regarding this matter please feel free to contact me. MIKE HOWES Assistant Planner c: Gary Szytel MH:bw KKMiJNTAL IMPACT' A5SHSSM11NT FORM - -Part II «*•••• »•-_ j - .. -u L i i __ -_-j _ _ . - _. — » (To Be Completed By the PUNNING CASE NO.GPA/LU 84-7/zc-3jn DATE: June 5, 1984 I. BACKGROUND • . - ' " ' ' 1. APPLICANT; Ho^rd & Ida Kirgis- (Szy-f-gi Engineerin^ 2. ADDRESS AND PHONE IflJMBER OF APPLICANT: • ' 935 West Mission Avenue f Hni4.0 H EscondidO, CA ' 92025 3. DATC CI-iF.C!CLIST SUBMIT1H): April 9 r i • II. FX\rJRC:v.^.>;TAI. IMPACTS :VvATTO.SS Ci; .ALL ATFIKMMIVE ANSWERS ARE TO BE BITTEN UNDER Section III - DISCUSSION OF ENVIRONMENTAL EVALUATION) » Yes Maybe No 1. Earth "'ill the proposal have signi- ficant results in: • •'.:•'' . a. Unstable earth conditions or in changes in geologic substructures? " '_ • ' b. Disruptions, disp]accments, ccm- .. paction or overcovcring.of the soil? •_ «___ _i^ c. Cliangc in topography or ground surf .ice re] icf features? ' ' '' ' '_ '' 'x ' d. The destruction, covering or •'•-...- .woilification or any unique- geologic * . ' • x or pliysical features? " . ' '__ ' ____ ' _H * • • c. Any increase in wind or water * .' . erosion of soils, either on or off the site? ' ••' • ' '' ' x'' f. Chanf.es in deposition or ero- . . ' sjon of Iv.-n-h :;:ind«;, or cJianj\e« * in siliation,'deposition or erosion which way im.ljiy t|lo cliannol of a1 river or r.t ream or the lu.-il of l!u>. ocean or nny l>;iy, inlet or l.-il.o? • '•; . 'j/1 I M ' Yes Maybe No 2. Air: Will the proposal have si'gni- results in: • a. Air emissions or deterioration of ambient air quality? b. The creation of objectionable . odors? c. Alteration of air movement, mositurc or temperature, or any change in clinnte, either locally or regionally? 3. Water: Will the proposal have sigi- Hcant results in: , a. Changes in currents, or the course or direction of water move- ments, in either marine or fresh waters? b. Changes in absorption rates, drainage patterns, or the rate and amount of surface water runoff? c. Alterations to the course or flow of flood waters? * d. Change in the amount of sur- face water in any water body? . e. Discharge into surface waters, or in any alteration of surface water quality, including but not limited to temperature, dissolved oxyp.en or turbidity? f. Alteration of the direction or rate of flow of ground waters? fi. Change in the quantity of ground waters, either through direct odd it ions or withdrawals, or through interception of an nquifcr hy cuts or excavations? 1», Uoduction in'the amount of • water othcrwir.o available for . public water supplies? x 'X' ' "Yes 4. Plant Life. Will the proposal have signi- Hcant results in: ' * • a. Change in the diversity of • species, or numbers of any species of plants (including trees, shrubs, grass, crops, microflora and • ' ; aquatic plants)? . '• • x • 'b. Reduction of the numbers of any unique, rare or endangered species of plants? •"• x c. Introduction of new species • , -..'.. of plants into an area, or in a ' • barrier to the normal replenish- ment of existing species? x' d. Reduction in acreage of any •'"''. agricultural crop? - . ''' ' ''' _ ' x 5. Animal Life. Will the proposal have signi- ficant results in: * • a. Changes in the diversity of • • species, or numbers of any species • of animals (birds, land anijr^.ls including reptiles, fish and shell- fish, bcnthic organisms, insects or • ' . . . roicrofauna) ? . . '• * x * • b. Reduction of the numbers of any unique, rare or endangered • species of animals? • . /. •' • x_ . c. Introduction of new species ..'.'. of animals into an area, or result in a barrier to the migration or movement of animals? • "• '_ ' • ' x d. Deterioration to existing fish or wildlife habitat? ' '. • ' x C. ^°_L1;£.* WH1 the proposal sio.ni- * ricnntly increase existing noise ' • levels? . • •' . x PVO")x>sai si^nfC'icanlly produce new lij'.ht or glare? l-'JIl'l.!1^:.- V,rill tho propo:;.-jl have r.)j-.niru"-;iut ivsullj; in the .1! tiT.-tvion of tlu- |»n-:;fni or nlaimnl l.nul u.-;o of an ;nv;i? Yes Maybe No 9. Natural Resources. Will the pro- posal have significant results in: a. Increase in the rate of use of any natural resources? . x b. Depiction of any nonrcnewable ' ' natural resource? . • . •' x • • >t .» • '10. Risk of Unset. Docs the proposal involve a significant risk of an explosion or the release of haz- • ardous substances (including, but • . not limited to, oil, pesticides, chemicals or radiation) in the • event of an accident or upset " ;."••'•• conditions? . " • 'x' 11. Population. Will the proposal •' significantly alter the location, . distribution, density, or grovrth • jrate of the hunxm population of an area? 12. Housing. Will the proposal signi- . 'ficantly affect existing housing, *or create a deraand for additional housing? . - . » 13. Transportation/Circulation.' Will' . .-. the proposal have significant re- ' » ' suits in: . . a. Generation of additional vehicular movement? • . . ''_____ '..' x " 'J_] b, F.ffccts on cxistinji parking facilities, or demand for new . parking? • '' ' " _____ '' 'X' c» Impact upon existing trans- t . port a ti on systems? ' ' • • • • '• • • • 'x' • • yj c. Alterations to watcrbornc, ' -* rail or air traffic? d, -Alterations to present patterns of circulation or move- < ' • • . "- . went of people nnd/or &oods? ''' ' " '' "x 'x f» Increase in traffic hazards • . to motor vrhicJcs, bicyclists or • vi ...t ..•:.. .o '• * . ........ .x- \ ., Maybe No 14. Public Services. Will the pro- posal have a significant effect — • upon, or have significant results ' .. in the need for new or altered governmental services in any of _ • - .- the following areas: a. Fire protection? . ; ' J x b. Police protection? ' '• ._ ' . ; x_ c. Schools? d. Parks or other recreational facilities? . x e. Maintenance of public facili- ties, including roads? ;• .. ; x x' f. Other governmental sendees? 15. Energy. Will the proposal have significant results in: . • ; a. Use of substantial amounts of . fuel or energy?- > • . '.'' ' jc' b. Demand upon existing sources of energy, or require the develop- ment of new sources of energy? ^ 'J ' 'x'' 16* Utilities. Will the proposal have . • significant results in the need for new systems, or alterations to the following utilities: • X"a. Power or natural gas? ____ ' ' '' ' K Communications systems? ' '' ____ ' x c. Water? _ ; ' x d. Sewer or septic tr.nks? t c^ -Stonu water drainage? f. Solid waste and disposal? 17* Ifcnn-JJl^Ionlth. Will the proposal liavo siTfiuV'rcant resultr. in the- cre.nt ion'of ;jny hi-alih h;i:!.ard or .. potent in 1 hiMl'th h,T.'.nrd (-excluding ' ' '"•' ' x ' -5- Yes No 18. Aesthetics. Will the proposal have significant results in the obstruc- tion.of any scenic vista or view open to the public, or will the pro- posal result in the creation of an aesthetically offensive site open to public view? 19. Recreation. Will the proposal have sigh iTi..;: r,t results in the impact upon the quality or'quantity of existing recreational opportunities? 20. Archeologien1/Historical. Will the proposal have significant results in the alteration of a significant • archcolo^ical or historical site, structure, object or building? x X x 21. ANALYZE VIABLE. ALTERNATIVES TO TIIE PROPOSED PROJECT SUCH AS: a) PHASED DH\Ii.Of'/i!:NT Cl: 11-02 PROJECT; b) AJ/iKKMA'iE SITE DESIGNS; c) ALTERNATE SCALE OF DEVELOPMENT; d) ALTERNATE • USES I:CR HIE SITE; e) DEVELOPMENT AT SCM FUTURE TIME RATW-R THAN N0'\'; Q ALTERNATE SITES FOR THE PROPOSED USE; g) NO PROJECT ALTERNATIVE. The applicant does.not.propose any construction at the •r<%!eK^ 6* Devel°P^ent at a lesser density would probably create less adverse environmental impacts -6- Yes Maybe No 22. MANDATORY FINDINGS OF SIGNIFICANCE. _ a) 'DOES THE PROJECT HAVE THE POTEN- TIAL TO DEGRADE THE QUALITY OF THE ENVIRONMENT, OR CURTAIL THE DIVERSITY IN THE ENVIRONMENT? . X b) DOES THE PROJECT HAVE THE POTEN- TIAL TO ACHIEVE SHORT-TERM, TO THE DISADVANTAGE OF LONG-TERM, ENVIRONMENTAL GOALS? (A SHORT- . TERM IMPACT ON THE ENVIRONMENT IS ONE WHICH OCCURS IN A RE- LATIVELY BRIEF, DEFINITIVE ' PERIOD OF TIME WILE LONG-TERM IMPACTS WILL ENDURE WELL INTO THE FUTURE.) ' X c) DOES THE PROJECT HAVE IMPACTS WHICH ARE, INDIVIDUALLY LIMITED, BUT CUMULATIVELY CONSIDERABLE? (A PROJECT MAY IMPACT ON TOO OR MORE SEPARATE RESOURCES WHERE-THE IMPACT ON EACH RE- SOURCE IS RELATIVELY SMALL, BUT WHERE THE EFFECT OF THE TOTAL OF THOSE IMPACTS ON THE ENVIRONMENT IS SIGNIFICANT.) X d) DOES THE PROJECT HAVE ENVIRON- MENTAL EFFECTS WHICH WILL CAUSE SUBSTANTIAL ADVERSE ' •' EFFECTS ON HUMAN BEINGS, EITHER DIRECTLY OR INDIRECTLY? III.- DISCUSSION OF ENVIRONMENTAL EVALUTION ' The applicant is proposing a General Plan Amendment from RL, Residential Low. Density (.0-1.5 du/ac) and Ndn-Residential Reserve to RLM, Residential Low-Medium (0-4 du/ac) nri a 21.9 acre site. The majority of the site consists of steep slopes covered with native vegetation. The applicant has submitted supplementary information regarding archeology, biology and traffic. Mitigation measures suggested in these reports will be incorporated into all future projects. -7- DISCUSSION OF ENVIRONMENTAL EVALUATION (Continued) These mitigation measures' include placing a substantial portion of the property in a Biological Open Space easement to protect a significant portion of the onsite population of three sensitive plant species. The archeological survey revealed that there were no archeological sites on the property. The traffic study suggested four possible routes of access for the subject property.- Based on the information supplied by the 'applicant -and field survey of the site, staff feels that a Negative Declaration is appropriate for the proposed General Plan'Amendment 'and Zone Change. IV. DimiRMlWTIOM. (TO BE COMPLETED BY 110: PUNNING mU'AIONENT) •*" • , On the basis of this initial evaluation: • x I find the proposed project COULD NOT have a significant . effect on the environment, and a NEGYl'IVE DECLARATION will be prepared. • • j find that although the proposed project could have a significant effect on the environment, there will not be a -significant effect in this case because the mitigation -measures described on an attached sheet have been added to the project., A conditional negative declaration will will be .prepared. I find the proposed project M\Y have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. . Date:June 5, '1984 • fate V. MITIGATING MEASURES (IF APPLICABLE) Signature Mike'G. Howes FEE: RECEIPT NO: ENVIRONMENTAL IMPACT ASSESSMENT FORM - Part I (To Be Completed by APPLICANT) CASE NO: DATE: April 9.1984 Applicant: HOWARD G. KIRGIS AND IDA B. KIRGIS Address of Applicant: 8332 Pinotage Court San Jose, California 95135 Phone Number: ( Aofl ) yjn-SMii Name, address and phone number of person to be contacted (if other than 935 West Mission Ave. Ste. H Applicant): SZYTEL ENGINEERING AND SURVEYING. INC Escondido, California 92025 ~~~ (619) /4 1-69/9 GENERAL INFORMATION: Description of Project: Prezone, General Plan Amendment, Annexation Project Location/Address: Adjacent to northeast corner of Hacario Canyon Annexation Assessor Parcel Number: 2'2 - 01° - °3 Zone of Subject Property: Existing: County RR-2 Proposed: R-l-10 Proposed Use of Site: residential • List all other applicable applications related to this project: Prezone, General Plan Amendment, Annexation 2. Describe the activity area, including distigui<~.Aiig natural and man- made characteristics; also provide precise slope analysis when appropriate. The subject property is situated on the South sloping ridge approximately one mile east of Agua Hedionda Lagoon. Currently vacant, the property is covered sparsely with native chapparal. Slopes vary from 5 to 50%. Describe energy conservation measures incorporated into the design and/or operation of the project. N/A 4. If residential, include the number of units, schedule of unit sizes, range of sale prices or rents, and type of household size expected. N/A 5. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of sales area, and loading facilities. N/A 6. If industrial, indicate type, estimated employment per shift, and loading facilities. N/A If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the project. N/A -2- ENVIRONMENTAL IMt..i- ANALYSIS Answer the following questions by placing a check in the appropriate space. (Discuss all items checked "yes". Attach additional sheets as necessary.) YES NO T) Could the project significantly change present land uses in the vicinity of the activity? 2) Could the activity affect the use of a recreational area, or area of important aesthetic value? J) Could the activity affect the functioning of an established community or neighborhood? 4) Could the activity result in the displacement of community residents? 5) Could the activity increase the number of low and nodest cost housing units in the city? €) Could the activity decrease the number of low and nodest cost housing units in the city? 7} Are any of the natural or man-made features in the activity area unique, that is, not found in other parts of the county, state or nation? 8) Could the activity significantly affect an historical or archaeological site or its settings? *) Could the activity significantly affect the potential use, extraction, or conservation of a scarce natural resource? 10) Does the activity significantly affect the potential use, extraction, or conservation of a scarce natural resource? 11) Could the activity significantly affect fish, wildlife or plant life? 12) Are there any rare or endangered plant species in the activity area? 13) Could the activity change existing features of any of the city's lagoons, bays, or tidelands? 14) Could the activity change existing features of any of the city's beaches? 15) Could the activity result in the erosion or elimination of agricultural lands? 16) Could the activity serve to encourage development of presently undeveloped areas or intensify develop- ment of already developed areas? -3- YES NO 17) Will the activity require a variance from established environmental standards (air, water, noise, etc.)? 18) Will the activity require certification, authoriza- tion or issuance of a permit by any local, state or federal environmental .control agency? 19) Will the activity require issuance of a variance or conditional use permit by the City? 20) Will the activity involve the application, use, or disposal of potentially hazardous materials? 21) Will the activity involve construction of facilities in a flood plain? 22) Will the activity involve construction of facilities in the area of an active fault? 23) Will the activity involve construction of facilities on a slope of 25 percent or greater? 24) Could the activity result in the generation of significant amounts of noise? 25) Could the activity result in the generation of significant amounts of dust? 26) Will the activity involve the burning of brush, trees, or other materials? 27) Could the activity result in a significant change in the quality of any portion of the region's air or water resources? (Should note surface, ground water, off-shore.) 28) Will the project substantially increase fuel consumption (electricity, oil, natural gas, etc.)? 29) Will there be a significant change to existing land form? (a) Indicate estimated grading to be done in cubic yards: N/A _ _ . (b) Percentage of alteration to the present land form: _ (c) Maximum height of cut or fill slopes:N/A ________ ; _ __ -------- --------- - -* 30) Will the activity result in substantial increases in the use of utilities, sewers, drains or streets? 31) Is the activity carried out as part of a larger project or series of projects? -4- - II,- STATEMENT OF NON-. ^GNIFICANT ENVIRONMENTAL -t £CTS If you have answered yes to one or more of the questions in Section I but you think the activity will have no significant environmental effects, indicate your reasons below: III. COMMENTS OR ELABORATIONS TO ANY OF THE QUESTIONS IN SECTION I (If additional space is needed for answering any questions, attach additional sheets as needed.) Signature GARY M. SZYTEL President, SZYItL ENGINEERING AND SURVEYING, Date Signed April 5> -5- DEVELOPMENTAL SERVICES LAND USE PLANNING OFFICE 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008-1989 (619) 438-5591 Citp of Cartebab NEGATIVE DECLARATION PROJECT ADDRESS/LOCATION: Between the southerly border of the Kelly Ranch and Macario Canyon City Park. PROJECT DESCRIPTION: General Plan Amendment and preannexational zoning for 21.9 acres. The applicant is requesting a General Plan Amendment would be from RL, Residential Low Density and NRRf Non- Residential Reserve to RLM, Residential Low-Medium. The applicant is requesting a Zone Change would be a preannexational zoning of R-1. The City of Carlsbad has conducted an environmental review of the above described project pursuant to the Guidelines for Implementation of the California Environmental Quality Act and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, a Negative Declaration (declaration that the project will not have a significant impact on the environment) is hereby issued for the subject project. Justification for this action is on file in the Land Use Planning Office. A copy of the Negative Declaration with supportive documents is on file in the Land Use Planning Office/ City Hall, 1200 Elm Avenue, Carlsbad, CA. 92008. Comments from the public are invited. Please submit comments in writing to the Land Use Planning Office within ten (10) days of date of issuance. DATED: June 6, 1984 CASE NO: GPA/LU 84-7/ZC-310 APPLICANT: Kirgis PUBLISH DATE: June 16, 1984 MICHAEL J,NlJ>LZMII&ER Land Use Planning Manager ND-4 5/81 APPLICATJ-- SUBMITTAL DATE APRIL 9, ^84 STAFF REPORT DATE: January^23, 1985 TO: Planning Commission FROM: Land Use Planning Office SUBJECT: GPA/LU 84-7/ZC-310 - KIRGIS - Request for a General Plan Amendment and Pre-annexational Zone Change for a 21.9 acre parcel located adjacent to the southeast corner of the Kelly Ranch Master Plan area approximately one mile west of El Camino Real. I. RECOMMENDATION It is recommended that the Planning Commission APPROVE the Negative Declaration issued by the Land Use Planning Manager and ADOPT Resolution Nos. 2407 and 2408 recommending APPROVAL of GPA/LU 84-7/ZC-310 to the City Council based on the findings and subject to the conditions contained therein. II. PROJECT DESCRIPTION The applicant is requesting an amendment to the Land Use Element of the General Plan from NRR (Non-Residential Reserve) to RL (Residential Low Density; 0-1.5 du/ac) for property located as described above. As shown by Exhibit "A", this parcel has two general plan designations; RL and NRR. Approval of the proposed General Plan Amendment would designate the entire site as RL. The applicant is also requesting a preannexational zone change to R-1 on the subject property. The subject property has an area of 21.9 acres and is covered by native vegetation and some introduced species. Nearly 74% of the site consists of slopes of 20% or greater. The only access to the property is via dirt roads in easements crossing Macario Canyon Park and the Kelly Ranch. The applicant has informed staff that he has no development plans at this time. III. ANALYSIS Planning Issues 1) Is the proposed land use of residential low density an appropriate use for the site? 2) Would the proposed general plan amendment adversely affect the surrounding properties? 3) Is the proposed R-1 zone consistent with the RL General Plan designation? 4) Is the proposed R-1 zone and the uses allowed within this zone consistent with surrounding zoning and land uses? Discussion The subject property presently has two general plan designations RL and NRR. Staff believes that it is appropriate to change the land use designation of NRR to residential. Normally, a change from NRR would be to a non-residential land use. In this instance it is evident that the site is physically separated from future industrial development to the east and the future Macario Canyon Park to the south and relates more to the residential property to the north. In addition, the subject property is outside the Palomar Airport influence area. A general plan designation of R-L, Residential Low Density for the entire site would permit a maximum of 32 dwelling units on this property. Staff believes that this designation is appropriate because this site is severely constrained by steep slopes, sensitive plant species and access problems. Only approximately 5 acres in the north central portion of the site is developable because of the above mentioned constraints. At the present time this site obtains access through easements over dirt roads crossing Macario Canyon and the Kelly Ranch. The best permanent access to this site has not been determined at the this time. However, it is highly probable, that when access is resolved, this site will obtain access via a cul-de-sac. The City's cul-de-sac policy permits a maximum of 50 dwelling units on a cul-de-sac. Approval of the proposed amendment to RL would allow development of this property in conformance with the City's cul-de-sac policy, since the maximum number of units permitted would be 32. Staff believes that the proposed General Plan Amendment will not adversely impact adjacent properties. Future development on this site will probably consist of townhomes or condominiums clustered on the relatively, level, north central portion of the site. This would result in a project with a density that would appear to be similar to future development immediately to the north in the Kelly Ranch. Zone Change Staff believes that a Zone Change to R-1-30,000 would be consistent with a general plan designation of RL, Residential Low Density 0 - 1.5 du/ac. This zoning designation would allow the site to be developed at a maximum density of 1.5 du/ac. Staff believes that it is important for the zoning to coincide -2- with the general plan designation. It is highly unlikely that this site will be developed with 30,000 square foot lots. The applicant will probably utilize the flexibility of the City's Planned Development Ordinance to clustered townhomes or condominiums on the flatter portion of the site. Since the R-1-30,000 zoning designation would implement the General Plan designation of RL, staff believes that the uses permitted by this zoning designation would be compatible with surrounding zoning and land uses for the reasons previously discussed. In conclusion staff believes that the proposed General Plan designation of RL is appropriate for the site and will not adversely impact surrounding properties. The proposed zoning of R-1-30,000 is consistent with the RL General Plan designation and the uses allowed within this zone will be consistent with surrounding zoning and land uses. Therefore, staff recommends approval of GPA/LU 84-7/ZC-310. The City Council Policy prohibiting general plan amendments was adopted after the staff work was completed on this project. The City Council is aware that about six projects were in this situation and have concurred with staff that these items should be allowed to continue through the process. IV. ENVIRONMENTAL REVIEW The Land Use Planning Manager has determined that this project will not have a significant effect on the environment and, therefore, has issued a Negative Declaration on October 4, 1984. ATTACHMENTS 1) Planning Commission Resolution Nos. 2407 and 2408 2) Location Map 3) Background Data Sheet 4) Disclosure Form 5) Environmental Documents 6) Exhibits "A" - "B", dated December 21, 1984 MH:bw 1/8/85 -3- LOCATION MAP CARLSBAD RESEARCH CENTER ZC-310 KIRGIS GPA/LU 84-7 BACKGROUND DATA SHEET CASE NO: GPA/LU 84-7/ZC-310 APPLICANT: Kirgis REQUEST AND LOCATION: General Plan Amendment from NRR to RL and a Pre-annex- ational Zone Change to R-1 for property between the Kelly Ranch and Marcario Canyon Park. LEGAL DESCRIPTION: Portion of Lot F of Rancho Agua Hedionda according to Map 823 filed November 16, 1896. APN; 212-010-03 Acres 21.9 Proposed No. of Lots/Units GENERAL PLAN AND ZONING Land Use Designation NRR & RL Density Allowed 0 - 1.5 Density Proposed 0-1.5 Existing Zone County RR-2 Proposed Zone City R-1-30,000 Surrounding Zoning and Land Use: Zoning Land Use Site County RR-2 Vacant North P-C Vacant South L-C Vacant East L-C Vacant West CM Vacant PUBLIC FACILITIES School District Carlsbad Water Carlsbad Sewer Carlsbad EDU's Public Facilities Fee Agreement, dated April 7, 1984 ENVIRONMENTAL IMPACT ASSESSMENT X Negative Declaration, issued October 4, 1984 E.I.R. Certified, dated Other, APPLICANT: AGENT: MEMBERS: HOWARD G. ANL ,.4* 0. It IRQ IS (individual, 8332 Pinotaae Court Jft*e- California 95135 (1*08)270-51 Telephone SZYTEL ENGINEER INa AND SURVEYING, INC. 935 West Mission Avenue Suite H - Escondido, California 92025 Business Address ; .; ' Telephone Humbcr Naa« '(individual, partn«r, joint: venture* corporation, syndication) Home Address Business Address Telephone Nunber Telephone Humber Nase Borne Address Business Address Telephone Mcaber Telephone Jiunber (Attach store sheets if necessary) I/We declare under penalty of perjury that the information contained in this dis- closure is true and correct and that it will remain true and correct and nay be* relied upon as being true and correct until amended. HOWARD G. KIRGIS HDA D. KIHGIO NG.& SURVEYING, INC ^§1$^'^^*^.^* £ 3*^f.y ^:^v: ^ W^Sf GARY M. SZYTEL, President-- DEVELOPMENTAL f, ^ rift 120° ELM AVENUE SERVICES • V$W • CARLSBAD. CALIFORNIA 92008-1989 LAND USE PLANNING OFFICE \F3UfJ {619) 438'5591 Cttp of Carlatmb NEGATIVE DECLARATION PROJECT ADDRESS/LOCATION: Adjacent to the southwest corner of the Kelly Ranch approximately one mile west of El Camino Real. PROJECT DESCRIPTION: Preannexational zone change to R-1-30,000 for a 21.9 acre parcel. The General Plan amendment will effect approximately 9 acres of the site which will be changed from NRR, Non- Residential Reserve to R-L, Residential Low Density 0-1.5 du/ac. The City of Carlsbad has conducted an environmental review of the above described project pursuant to the Guidelines for Implementation of the California Environmental Quality Act and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, a Negative Declaration (declaration that the project will not have a significant impact on the environment) is hereby issued for the subject project. Justification for this action is on file in the Land Use Planning Office. A copy of the Negative Declaration with supportive documents is on file in the Land Use Planning Office, City Hall, 1200 Elm Avenue, Carlsbad, CA. 92008. Comments from the public are invited. Please submit comments in writing to the Land Use Planning Office within ten (10) days of date of issuance. DATED: October 4, 1984 MI CASE NO: GPA/LU 84-7/ZC-310 Land Use Planning Manager APPLICANT: Kirgis PUBLISH DATE: October 13, 1984 ND-4 5/81 iENERAL PLAIV EXHIBIT A 12-21-84 RL/RM NRR to RL OS RLM KIRGIS GPA/LU 84-7 ZONING MAF EXHIBIT B 12-21-84 Co. RR-2 to CITY R-1-30,000 BH STAFF REPORT DATE: October 10, 1984 TO: Planning Commission FROM: Land Use Planning Office SUBJECT: KIRGIS PROPERTY - Appeal of the Land Use Planning Manager's decision to require a focused Environmental Impact Report. BACKGROUND This item is an appeal of the Land Use Planning Manager's decision to require a focused Environmental Impact Report for a proposed General Plan Amendment and Zone Change on the Kirgis property located adjacent to the southerly edge of Kelly Ranch property. In April, the applicant, Howard Kirgis, submitted a request for a General Plan Amendment and Zone Change for his 21.9 acre parcel. At that time, the applicant requested a general plan amendment from R-L, Residential Low Density and NRR, Non Residential Reserve to RLM, Residential Low Medium Density. The applicant requested a preannexational zone change to RD-M. Based on supplemental environmental information supplied by the applicant dealing with biology, archaeology and traffic circulation, staff issued a Negative Declaration for the proposed general plan amendment and zone change. The subject site is in the Coastal Zone and in compliance with state law, staff sent a copy of the Negative Declaration to the State Clearinghouse for a 30 day review. During that review period, the agent of an adjacent property owner and one other group submitted letters protesting the Negative Declaration, see attached letters dated August 1, 1984 and July 26, 1984. Section 15064(g) of the State California Environmental Quality Act (CEQA) Guidelines states:• "if a Lead Agency (City) is presented with a fair argument that a project may have a significant effect on the environment, an Environmental Impact Report shall be prepared even though the Lead Agency may also be presented with other substantial evidence that the project will not have a significant effect" Based on this section and the letters of protest, staff required a focused Environmental Impact Report for the proposed general plan amendment and zone change. This focused Environmental Impact Report would address noise and the environmental impacts created by providing access to the subject property. The applicant objects to this decision and believes that the information that has been supplied is sufficient to justify a Negative Declaration. In addition, the applicant had modified his requested general plan amendment to significantly reduce the density on the subject property. His original request was for RLM on the entire site which would have permitted up to 87 units on the subject property. Subsequently, the applicant has modified his request to RL, 0-1.5 du/ac, for the entire site which would permit a maximum of 32 units. Staff believes from a planning and environmental perspective that a Negative Declaration is justified for this project. Staff is requiring an Environmental Impact Report based on the CEQA requirements. ATTACHMENTS 1) Location Map 2) Letter, dated September 4, 1984 3) Letter, dated August 1, 1984 4) Letter, dated July 26, 1984 5) General Plan Map 6) Zoning Map MH:bw 9/27/84 -2- ELFEND ASSOCIATES July 26, 1984 PROJECT PLANNING AND PROCESSING JUL 1984 Mr. Marty Orenyak, Director Building and Planning City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 Subject: Kirgis Property GPA and Zone Change Negative Declaration Dear Mr. Orenyak: We are pleased to offer this response to your letter of June 11, 1984 regarding environmental documentation for the Kirgis Property GPA and zone change requests. In t-hat letter, you addressed several matters with respect to environmental processing of the Kirgis project, including statements that there is no factual basis for our conclusion that significant environmental effects will occur, our statements in this regard are merely conclusionary, and that no serious public controversy over the environmental impacts of the project exists. We have considered these comments and offer 'the following information within the public review period determined by City staff. As you may recall, our June 6, 1984 letter to you raised several questions regarding the environmental documentation for the Kirgis Property. In summary, our position was that an EIR is required for the Kirgis project based on the determination of significant environmental effects in accordance with the State CEQA Guidelines. Of particular relevance in this regard is Section 15064(h) of the Guidelines which states: "...If there is a disagreement between experts over the significance of an effect on the environment, the Lead Agency shall treat the effect as significant and shall prepare an EIR..." "If the Lead Agency finds there is substantial evidence in the record that the project may have a significant effect on the environment, the Lead Agency shall prepare an EIR (Friends of B Street v. City of Hayward (1980) 106 Cal. App. 3d 988). Said another way, if a Lead Agency is presented with a fair argument that a project nay hav-e a significant effect on the environment, the Lead Agency shall prepare an KIR even though it may be presented with other substantial evidence that the project will not have a significant effect (No Oil, Inc. v. City of Los Angeles (1974) 13 Cal. 3d 68)." . (714| 495-2399 Mr. Marty Orenyak, Director City of Carlsbad July 26, 1984 Page Two In reviewing the Kirgis proposal, we note that the supporting studies prepared by NEW HORIZONS Planning Consultants, Inc. (May 1984) indicate significant environmental effects may exist. Therefore, based on this determination of significance, we are surprised that the City did not require the preparation of an EIR for the project. Nonetheless, we offer the following information which supports the statements contained in our earlier letter. 1. Access - The provision of access is an important issue affecting development of the Kirgis site. Four alternatives (A-D) are proposed in this regard which rely on the completion of certain developments (Kelly Ranch, Macario Canyon Park) and circulation improvements (Cannon Road, College Boulevard, Faraday Avenue). The issue of access to the site has not yet been and cannot be resolved without further analysis of the potential direct and indirect impacts on surrounding developments, roadway systems and the natural environment. Impacts in this regard which we believe are significant are described below. 2. Grading - The proposed access alternatives, as evaluated in the NEW HORIZONS studies, would require extensive grading in areas containing slopes in excess of 25%. In particular, Alternative A proposes connection to the planned Kelly Ranch street system through an area characterized by very steep slopes, deep narrow canyons and unstable geologic conditions. A review of this access proposal by Owen Geotechnical (see attached letter) indicates that due to terrain and geologic constraints, construction of this roadway would require extensive cutting and filling to achieve appropriate stability and safety factors. Therefore, significant direct and indirect impacts on landforms, biology and drainage in this planned open space area may occur as a result of the required grading activity. 3. Circulation - Access Alternative A would result in the distribution of 880 daily vehicle trips on local streets through private residential neighborhoods within the Kelly Ranch development. This additional "through" traffic on residential streets may overburden planned roadway capacities within the development and result in adverse impacts of community disruption and increased noise, air emissions and safety hazards. Mr. Marty Orenyak, Director City of Carlsbad July 26, 1984 Page Tbree 4. Biology - The provision of access to the Kirgis site through the Kelly Ranch would require construction in a designated open space area with grading of steep slopes and filling of canyons containing native vegetation and important upland wildlife habitats. 5. Drainage - Required grading of hillside and canyon areas will modify drainage patterns, remove vegetation and result in increased slope erosion and sedimentation. In summary, we have provided precise responses to the items stated in your June 11, 1984 letter. We believe that significant impacts on the environment will occur as a result of the Kirgis Property GPA and zone change proposal. Furthermore, these environmental concerns should be considered during the current discretionary actions rather than at some future date. The CEQA process encourages this approach (State CEQA Guidelines, Section 15004(b) ) which enables agencies to retain more discretion in avoiding or minimizing significant adverse environmental effects during the early stages of project planning. We hope that the information presented in this letter will assist the City in complying with the CEQA process for the Kirgis project. Should you have any questions, please do not hesitate to give me a call at (714) 731-6011. Respectfully submitted, ELFEND ASSOCIATES Franklyn R. Elfend President cc: Michael Holtzmiller Michael Howes«*^ Wayne Callaghan Ken Glandt Jon Friestedt State 0.1 California Busirwss, Transportation and Housing Agency Memorandum To: Terry Roberts, Manager State Clearinghouse Unit Office of Resources, Energy, and Permit Assistance 1400 Tenth Street Sacramento, CA 95814 Dote: August 1, 1984 Clearinghouse From: DEPARTMENT OF TRANSPORTATION DIVISION Of AfBONAUnC* . Subject Project Review - Negative Declaration On A General Plan Amendment And Preannexation Zoning - SCH #84062707. The proposal is to amend the general plan and preannexationally zone a vacant 21.9-acre parcel located within the coastal zone. The Negative Declaration and initial Study is deficient in that it does not discuss the impact of airport operations on the residential low/medium development that is programmed. While the Initial Study indicates that the proposal will not signi- ficantly increase existing noise levels, there is no discussion- of impact of airport noise on the project. 7 n Since the project is within a mile of the airport, the issue of overflight of the project due to the airport traffic pattern and safety issues should be addressed even though they may not be of significance. This cannot be determined, however, without appropriate analysis. MARK F. MISPAGEL, Chief Division of Aeronautics Kenneth J. Payne Associate Transportation Planner KPrjmd bcc: F. Darrell. .Husum - DOTP Ken Payne - DOA Dick Saliba - 11 Jim Cheshire - 11 i GENERAL PLAN NRR to RL EXHIBIT A 8-7-84 CARLSBAD RESEARCH CENTER KIRGIS ZC-310 ZONING EXHIBIT B 8-7-64 (Co.)RR-2 to (CITY)R-1-30,000 KIRGIS I ZC-310 Frofnt Sacramento, To: MIKE HOWES 1200 ELM AV Q08 CARLSBAD ^ yZU II, /yaOJCWLBDGSMENT State of Project Notification and Review Systew State Clearinghouse (916) 445-0613 TITLE: KIRGIS GP&/UJ 84-7/2C-310 £ STATE CLEARINGHOUSE NUMBER: 84062707 REVIEW STARTS: 06/27/84 REVIEW ENDS: 07/26/84 CONTACT: CHRIS GOGGIN (REVIEW STARTS ON NEXT DAY WHEN DOCUMENT IS RECEIVED AFTER 10:00 A. M.) Please uea the state Clearinghouse Number on future correspondence with thi office and with agencies approving or reviewing your project. Tliis card does not verify ccnpliance with environmental review requirements. A letter containing the State's comments or a letter confirming no Stat, ccmnents will be forwarded to you after the review is ccc%>lete. Rev. 8/8