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HomeMy WebLinkAbout1979-03-20; City Council; 5534-2; Annexation Ponto Area - Schreiber. , . . ., CITY OF CARLSBAD AGENDA BILL NO: 5534, Supplement 2 DATE : March 20, 1979 DEPARTMENT: Planning Dept. Initial Hd. ezk& Cty. Atty c/m. . Cty. Mgr. 6 J SUBJECT: ANNEXATION IN PONTO AREA - SCHREIBER , Statement of the Matter At a recent City Council discussion on annexation, Mr. Dale Schreiber asked City Council considerations of annexing property in Ponto area. Mr. Schreiber wishes to use the property for a use acceptable to the ' City. and to help facilitate annexation. City Manager indicated staff would review the matter for your information. He wished the City to indicate what uses would be acceptable Attachment . Memorandum from James C. Hagaman, dated March15, 1979 Recommendation Forward a copy of the attached memorandum to Mr. Schreiber. BP:jd 3/6/79 * Council, Action: 3-20-79 Council directed staff to investigate with the applicant the desirability of using his lots in the Ponto area for RV Storage on an interim use basis; and Directed staff to investigate time limits in relation to non- conforming uses in the Ponto area and report back on how to set desirable time limits in motion. Date: March 15, 1979 To : Paul Bussey, City Manager From: James Hagaman, Planning Director Subject: Brief History - Dale Schreiber's Ponto Annexation There appears to be some misconceptions of the history and the City's position regarding Mr. Schreiber's request to develop his property in the Ponto area. Mr. Schreiber has been frustrated by not being able to use the land for the uses that he feels are appropriate and he has from time to time implied that the City has not been fair with him. I feel the City has been fair and consistent in our position. The problem has been that Mr. Schreiber proposes uses not compatible with the City's general plan or zoning. Staff, in following City Council's direction and general plan policy has informed Mr. Schreiber many times of the issues involved in the Ponto area and his proposals. We have always indicated that the requests he has made are inconsistent with the present general plan and that the City would not only wish general plan conformity, but also annexation prior to dev- elopment. For your information I prepared a brief background and history of this matter. Mr. Schreiber owns 3 parcels in the Ponto area that have been included in land use proposals in the past year. One parcel is in the City and is developed with a mini-warehouse. Since the present zoning of RDM was placed on the property after development, the use is legally non-conforming. Mr. Schreiber also owns 2 vacant parcels outside the City to the south and east of the developed parcel and he has leased railroad right-of-way along the easterly parcel. The general plan designation is medium-high density residential for all of these properties. In late 1977, Mr. Dale Schreiber contacted the City regarding plans to construct a youth hostel and an RV camp park on the parcel to the east of the mini-warehouse, including the railroad right-of-way. By letter dated January 16, 1978, the City informed Mr. Schreiber that the property was in Carlsbad's sphere of influence, it should be annexed to the City, and staff would oppose any application to the County for development permit. Mr. Schreiber then asked the City Council to support his request to the County. Instead, on February 10, 1978, the City Council informed Mr. Schreiber that it was the City's policy to require annexation prior to development and that if he wished to continue with his request for a youth hostel and RV camp a general plan amendment would be necessary and that the City would protest any request of his to the County of San Diego. This information was relayed to Mr. Schreiber by letter dated February 28, 1978. Memorandum - Paul Bussey March 15, 1979 Page 2 Mr. Schreiber chose to pursue his request to the County by making application for a special use permit for the youth hostel and RV camp. The City informed the County staff of the incompatibility with Carlsbad's general plan and the need for annexation. The County staff recommended denial and the County Planning Commission approved it. A citizen in the mobile home park across the railroad tracks from the proposed project appealed the Planning Commission approval. Staff informed the Council of the progress of this application and the Council directed support of the appeal. Mayor Packard forwarded a letter on May 8, 1978, indicating the reasons for Carlsbad's protest. The Board of Supervisors agreed with the City and denied the application and suggested annexation. On January 16, 1979, Mr. Schreiber met with me to discuss use possibilities for the unincorporated property. I suggested that he submit a letter indicating the uses he is considering. Mr. Schreiber did submit a letter dated January 19, 1979, which indicated that he was considering a youth hostel, RV storage, or expansion of the mini-warehouse. On January 16, 1979, at the City Council meeting Mr. Schreiber indicated a desire to annex his property to the City, but wanted to know what uses were acceptable to the City. Staff then indicated that we would review his request with the Coastal Commission, LAFCO and the applicant and report back to the City Council. On February 8, 1979, Mr. Schreiber and myself met with Jay Stewart of LAFCO staff and Tom Crandall, Director of the San Diego Regional Coastal Commission. Mr. Schreiber indicated that there were three uses that he is contemplating at this time and wished comments on them. He still wishes to put in a youth hostel and an RV camping park; however, he would also consider an RV storage yard and expansion of his mini-warehousing. Mr. Crandall indicated that the youth hostel and the RV camping park are consistent with these Coastal Act policies that supports visitor's services and low cost accommodations near the beach. Conversely he felt that the storage and mini-warehouse was not consistent with the Coastal Act since these uses are not coastal oriented and take up valuable coastal land. Mr. Crandall did indicate that if the applicant and the City guaranteed that the RV storage was on an interim basis the Coastal Commission would possibly support it. Mr. Crandall indicated that the priority of the uses mentioned by Mr. Schreiber were: 1) youth hostel, 2) RV camping park, 3) RV storage/mini-warehouse. Memorandum - Paul Bussey March 15, 1979 Page 3 Mr. Stewart indicated that prior to LAFCO'S approval of the annexation, LAFCO woulr' need a definite commitment of the use of* the land by the City and the Coastal Commission. He strongly suggested a request for pre-annexational zoning. Mr. ~randalf indicated Coastal Commission desires all City approvals such as pre-annexational zoning and any other processing such as conditional use permits, prior to their processing. He indicated that the Coastal permit processing would take approximately five weeks. Mr. Stewart indicated that LAFCO'S annexation pro- cessing would take six to eight weeks to get before LAFCO, and three months total processing time depending on the complexity of the annexation. He felt, hcwever, that since this annexation would not require an election it could possibly be done in approximataly six weeks. - It stated at this meeting that the Carlsbad general plan indicates residential. Mr. Schreiber indicated he hoped to build residential in the future, but because of the planning moratorium he wished an interim use. After this meeting, in a letter dated February 9, 1979, Mr. Schreiber indicated it was his desire to expand the existing Ponto storage yard to the two unincorporated parcels for recreational vehicle storage as an interim use. He asked what is the processing for approval. I indicated in a memo dated March 2, 1979, to the City Manager, also that RV storage is incompatible with the general plan and it would be an expansion of a non-conforming use. Mr. Schreiber received a draft copy of the memo. It was my suggestion that Mr. Schreiber withhold application, pending the City Council's determination on the zone code amendment that may allow the expansion of a non-conforming use. If the ordinance is amended to allow expansion of non-con- forming uses, it may be possible to process Mr. Schreiber's request for annexation as RD-M zone and expansion of his existing non-conforming uses by conditional use permit. If, however, the code is not amended to permit this, a general plan amendment to an industrial land use would be necessary for approval of an RV storage yard. A general plan amendment could not be supported by staff since the past history of the property indicates that the City does not wish the perpetuation of the non-residential uses in the Ponto area. - c &f. i.l Mr, Da.le L. Schreiber 1457 Crest Drive’ Encini. t as, Cali f o mi a 9 23 24 January 19, 1979 City of Carlsbzd 1200 Xlm Avenue Carlsbad, Californin 92008 , Attention: Mr, Paul Bussey, City. Pfanager Mr, Jmes Hage-menn, Chief of, Planning Denr Sirs: 1 Reference City Council directive to supply report and assist Mr. Schreiber in use of annexation procedures, related uses of county properties vhich abutt city boundaries and which desire annexation to the City of Carlsbad, At a meeting held at.9:OO C.M. Januzry 16, 1979 in the Chief City Planner’s office, it was agreed betueen Kr, Schreiber, Mr, Nerneth and Mr, €Ic?..gemann that Mr. Schreiber would provide a After considering various uses which vnll be practical and useful to these parcels, it w!-s cleternined that due to the coastal issue . letter stating his proposed use of tvro parcels (1 acre and 221/2 acre), - - and city ‘government (2) . are requested.: and the private sector, the following uses A Youth Hostel of 10 boys and 10 girls 90 overnight self-contained RV spaces and some czaping area, iidditionrd parlung is parcel 2 A complex consisting of RV d.ead-storage approximately 135 un$.ts with live-in watchman and monthly rentals of spaces. Expansion of Ponto Storage, Inc, of a mini-storngc facility to accommodate both inside storage and RV dead-storage, This is n continuation of the present; use of the parcel directly to thc vrest and. north of said pzrcels. A combination of all of the above which will meet the requirements set forth by the various agencies. -0 ., , Page 2 We have spoken with county government. (land use), the Coastal * Commission (Mike Kennedy) and f4r, Hagemann, Planning Department and feel that the report can be accomplished and back to City Council within 30 days of this letter. It is also hoped that a meeting can take place between San Diego County officials, Coastal Commission, City Planning and ourselyes to determine if these naeds and proposals cnn be a.ccomplished since this problem has been drifting aidessly for the past 2-1/2 years, VJe pray thmt \.rith direction from the City Council we can assist all of the above agencies in mc?king Ponto area of Carlsbad a more attractive eniironment and city government, Should we be able to assist matter, we v;oulcl appreciate for those as users 2.s well zs ovmers you, or you assist us, in the above your prompt 'action, DIWb Dale L. chreiber /-/ 9- 7 4 cc: San Diego. Coast Rcgiond Commission TEG City of Carlsbad . 1200 Elm,Avenue Carlsbad, California 92008 Mr. Dale Schreiber 1457 Crest Drive Encini tas, California 92024 February 9, 1979 Attention: Paul Bussey, City Manager Dear Sir: On February 8, 1979, I met with Jim Hagaman and Bud Plender of your staff, Jay Stewart of LAFCO, and Tom Crandall of the San Diego Regional Coastal Commission. We discussed the possible use of two parcels'located within the County, adjacent to Carlsbad City limits. After discussing the merits and concerns these three agencies had on various uses, it is now my desire to expand my Ponto Storage on the two parcels for recreational vehicle outdoor storage as an interim use. I believe a storage yard on an interim basis will De acceptable to all parties. So that I can proceed would you please inform me of what zone I should apply for prezoning and what development applications, if any that I will need. - .. This will be an expansion of the existing business already located within the City of Carlsbad and is a needed operation. Thank you for your cooperation in this matter and awaiting your reply. Sincerely , cc: Bud Plender TEG