HomeMy WebLinkAbout1976-03-16; City Council; 3513-1; Extension of Moratorium in P-C Zonev-.
• CITY OF CARLSBAD
AGENDA BI.LL NO. '^7
DATE: ' •" •'"March 16. 1976
DEPARTMENT:PLANNING DEPARTMENT
Initial:
Dept. -Hd..
City Atty_
City Mgr._
SUBJECT:EXTENSION OF MORATORIUM IN P-C ZONE
_Statement of the Matter On December 2, 1975, the City Council adopted
Ordinance 9445 as an urgency measure, prohibiting the processing or
approval of Master Plans or Specific Plans for property zoned Planned
Community. The Ordinance which expires on April 2, 1976, may be extended
for a period up to eight months upon a 4/5 vote of the Council. The
memorandum attached to this Agenda Bill contains an additional discussion
--of some considerations regarding the extension of•the moratorium.
the moratorium as
9445, .the City Council
Exhibits :
Ordinance No. 9445
Planning Director's Memorandum to City Manager 'lated March 11, 1976
Ordinance No. Jt/^B -Vferg^
Letter from Pacific Scene dated 3-2-76
Letter from La Costa Land Company dated 3-8-76
Recommendation : If the Council wishes to extend
presently outlined in City Council Ordinance
should introduce for first reading Ordinance
If the City Council wishes to consider the attached letters and
modify the moratorium, it is recommended . that the moratorium be
modified consistent with the recommendations contained in the
Planning Director's Memorandum to the City Manager of March 11,
1976, and that the City Attorney be instructed to prepare a
moratorium ordinance incorporating the recommendations of the
Planning Director's Memorandum.
COUNCIL ACTION
3/16/76 A motion was made that the City Attorney be instructed
to prepare the documents necessary to extend -the Moratorium on the
acceptance of applications for approval of Planned Community zone
with the exception that Specific Plans that have reached 75% completion;
that SP meeting all of the requirements of the R-7 zone that are
within approved Master Plan would be allowed to proceed and Master
Plans that are in the process of revision are to be allowed to
'proceed; said Moratorium to expire on August 1, 1976.
MEMORANDUM
March 11, 1976
TO: CITY MANAGER
FROM: PLANNING DIRECTOR
SUBJECT: EXTENSION OF MORATORIUM IN THE P-C (PLANNED COMMUNITY)
ZONE
Concurrent with the Council's action to impose a moratorim
on the processing or approval of Master Plans and Specific
Plans in the Planned Community Zone, the Staff had prepared
a proposed Planned Unit Development Ordinance, and was in
the process of preparing a revised Planned Community Zone.
The proposed Planned Unit Development process had been
completely staffed, had been favorably reviewed at a Planning
Commission Workshop, and received a City Council approval in
concept during Council Workshop. The Planned Community
Ordinance revision had been staffed to the extent that a
conceptualized outline had only been reviewed by the Council.
The Council instructed the staff to prepare a draft Ordinance
for the proposed Planned Community Zone consistent with the
outline. In addition, the Council also encouraged input b'y
the citizens of Carlsbad including residents of existing
Planned Communities, landowners and developers. The Staff
.now has completed the draft Ordinance, has received public
input and a summary report has .been prepared for your review
and consideration.
It appears that the City Council may have several options in
directing the Staff to proceed with the Planned Community
Ordinance revision and the new Planned Unit development
process. If the Council is satisfied- after Staff Report,
with the intent and structure of both'Ordinances, the Council
may wish to direct the Staff to set both Ordinances to the
Planning Commission for public hearing. If additional
workshops are necessary, it would be possible for additional
information to be presented prior to public hearing at the
City Council approximately two months from the end of March.
In essence, the Ordinances then would become effective in
three to five months. The second option would be to set a
workshop on March 30th in order to review the draft of the
proposed Ordinances and receive direction from the Council
regarding the incorporation of modifications prompted by
public input. This option may extend the effective date of
any new Ordinances approximately one to two months beyond
the preceding alternative.
City Manager
March 11, 1976
Re: Extension of Moratorium in the P-C Zone
Page 2
At this time there are only two projects which may be affected
with the continuation of the moratorium on P-C Zones. They
are: the Altamira Planned Community development which is
approximately 75% complete, and the proposed La Costa Master
Plan amendment. The Altamira Master Plan is in the final
phase of a proposed five phase development. Any'proposed
Specific Plan and Tentative Map will be developed consistent
with City of Carlsbad's General Plan and the adopted Master
Plan with the exception that density as proposed in the
Master Plan of Altamira will be substantially reduced. It
is not anticipated that the Altamira Specific Plan and
Tentative Map will be inconsistent with any revision to the
Planned Community Ordinance nor the proposed Planned Unit
Development Ordinance.
The La Costa Master Plan on the other hand contemplates a
revision which will necessitate a General Plan Amendment.
The General Plan Amendment and the Environmental Impact
Report must be heard before the Master Plan can be considered.
If the revised Planned Community Zone is adopted in its
present form, or some modification thereof, the proposed La
Costa Master Plan Amendment will have to be further revised
to reflect the requirements of the new zone. The problem
with the La Costa Master Plan.is that there are two applications
in the Planning Department which propose low density single
family detached developments. The proposed developments
appear to be consistent not only with the existing La Costa .
Master Plan, but also would be consistent with the proposed
Master Plan requirement of the new Planned Community Zone.
Therefore, the two single family detached developments would
not be substantially affected by any-new Planned Community
Zone or Planned Unit Development process. In fact, La Costa
could develop the two projects using standard zoning such as
R-l or R-2, however, doing so the City would have to process
a zone change by taking subject projects out of the existing
Planned Community Zone and placing them in the standard
zones. The probable timing in this option, however, would
probably not save La Costa any time inasmuch as the Planned
Community Zone and the PUD process are largely staffed and
ready to be sent to public hearing in the next thirty days
or so.
RECOMMENDATION:
If the Council wishes to extend the moratorium, I would
suggest the revised moratorium be considered. The modifi-
cation to the exsiting moratorium could allow Specific Plans
to be processed in the existing Planned Community Zones
City Manager
March 11 , 1976
Re: Extension of Moratorium-in the P-C Zone
Page 3
where development is at least 75% complete, or where development
proposed by Specific Plan involves single family dwellings
constructed to R-l standards. It is imperative that in
either case Specific Plans must be consistent with the
existing General Plan and. the existing La Costa Master Plan.
It would also be recommended that applications be allowed to
be processed once the proposed PC/PUD Ordinances have had
their first reading before the Council so as to avoid further
delays that may result from a moratorium.
If on the other hand, the Council wishes to extend the
moratorium in its present form, the moratorium could be
extended as outlined in Ordinance 9445 (attached).
If you have any questions regarding this matter, please
contact my office at your convenience..
Donald A. Agatep
Planning Director
DAA:mdp
Attachments:
Ordinance No. 9445
Pacific Scene, Inc. Letter (March 2, 1976)
La Costa Land Company Letter (March 8, 1976)
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ORDINANCE NO>»Tf?f45 '
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AN INTERIM ORDINANCE OF THE
OF THE CITY OF CARLSBAD, CALIFORNIA%,
ADOPTED AS AN URGENCY MEASURE
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•titTHE PROCESSING OR APPROVAL OF MASTER PLA&& ""'c,
OR SPECIFIC PLANS FOR PROPERTY ZONED
PLANNED COMMUNITY (P-C).'•ty
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WHEREAS, the Planning Department upon direction by
the City Council has undertaken a comprehensive review of the
P-C, Planned Community Zone, and is preparing a revision of
said zone; and
WHEREAS, the City Council has determined that it is
necessary in order to protect the public safety, health and
t
welfare to adopt as an urgency measure an interim ordinance
prohibiting further processing or approval of Master Plans or
Specific Plans for property in the P-C zone to avoid conflict
with the contemplated revision to the zone.
NOW, THEREFORE, BE IT ORDAINED by the City Council
of the City of Carlsbad, California, as follows:
SECTION 1: That all processing and approval of
Specific Plans and Master Plans in that area of the City of
Carlsbad zoned P-C, Planned Community, is hereby prohibited.
SECTION 2: This ordinance shall be read once and
shall take effect immediately.
SECTION 3: The City Clerk shall certify to the
adoption of this ordinance and cause it to be published at
least once in the Carlsbad Journal within fifteen days after
its adoption.
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AND ADOPTED at a regular meeting of' said City
Council held on the 2nd, day of December
following vote, to wit:
AYES:
1975, by the
Councilman Frazee, Lev/is, Skotnicki and
Councilwoman Casler
NOES: Councilman Chase
ABSENT: None
£><T 1-,*.^
^ROBERT C''. FRAZEE, Mayor
ATTEST:
MARGARET E. ADAMS/ City Clerk
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(SEAL)
2.
TAWFIQ N. KHOURY
PRESIDENT
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2505 CONGRESS STREET, SAN DIEGO. CALIFORNIA 92110
PHONE 714-299-5100
March 2, 1976
Honorable Mayor and City Council
City of Carlsbad
1200 Elm Avenue
Carlsbad, California 92008
Attention: City Manager Paul D. Bussey
Gentlemen:
On December 2, 1975, your Council adopted Ordinance 9445 suspend-
ing the acceptance and processing of specific plan applications within
the P.C. zoned areas of the City until April 2, 1976.
Four years ago on January 18, 1972, Pacific Scene, Inc. secured
a P.C. zone reclassification and an initial plan approval for 1,120
dwelling units on 112 acres to be divided into four increments. This
action followed Council Resolution on January 4, 1972, amending the
General Plan and approving a 1,120 dwelling Master Plan.
Subsequently Pacific Scene has recorded three final subdivision maps
and built a community of 535 homes under authority of Specific Plan
23, 23B and 157 with appropriate ordinances.
Since, to our knowledge, there has been no indication that Altamira
does not meet the intent of the P.C. ordinance, we request that
Unit 4 of Altamira be excluded from any further P.C. restraints,
either by specific notation in any ordinance of extension or by opinion
that prior approvals constitute sufficient authority for staff to proceed
with processing of Unit 4.
We have examined the proposed P.C. ordinance revision and concur
with your Planning Director that the proposed Unit 4 does net con-
flict with the contemplated revision.
Sincerely,
TNK:f
cc: Don Agatep
c o
1976^r/rs"^
LRCDStR
Mr. Paul D. Bussey
City Manager
City of Carlsbad
Carlsbad, California 92008
Dear Paul:
This is to reaffirm my verbal expression of concern regarding the possibility
that the City Council will, on March 16, 1976, extend the moratorium on pro-
jects being processed in the P-C Zone.
As I know you are aware, the La Costa Land Company, in conformance with the
provisions of City Code, began the preparation of a new master plan for the
entire PC Zone area at La Costa. In the latter part of the 1975 calendar year,
we submitted a new master plan to the City. Since that time hundreds of man-
hours have gone into the refinement of the master plan.
Our organization has made many business decisions based on the orderly pro-
cessing of the proposed master plan. Consequently, we are very concerned
as to the possibility that an extension of the moratorium on the PC Zone will
take place.
We are persuaded that there is nothing in our proposed master plan which would
be inconsistent with the thinking of the City Council in regard to the future of the
PC Zone. Therefore, at least insofar as our project is concerned, we can see
no good reason for the continuation of the moratorium.
While we will express ourselves before the City Council at the March 16th
meeting concerning the possible extension of the moratorium, we feel that
you should be made aware of our concerns also.
Sincerely,
LA COSTA LAND COMPANY
Fred J./ Morey
Vice President
FJM/eem
COSTA DEL MAR ROAD • CARLSBAD, CALIFORNIA 92OO8 • AREA CODE 714 • TELEPHONE 729-91II