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HomeMy WebLinkAbout1980-02-19; City Council; 6094-2; Change of Zone From PC to RDM-2 ZC-206 La Costa Land CompanyCITY OF CARLSBAD INITIAL ff> . (jAGENDA BILL NO. 6094. Supplement 2 __ Dept. Hd DATE: _ February 19. 1980 _ __Cty. Atty. \jffl DEPARTMENT: _ P1annin9 _ _ Cty. Mgr. SUBJECT:CHANGE OF ZONE FROM PC TO RDM-2, ZC-206 APPLICANT: LA COSTA LAND COMPANY STATEMENT OF THE MATTER This case, along with the companion, MP-149(D), has been continued from previous meetings pending determination that sewer service would be available at the pro- posed San Marcos County Water District treatment plant. The City Council previously indicated that such a finding could be made upon approval of the Precise Plan for the treatment plant (documents for PDP-3 were adopted 2/5/80). This 134 acre property is presently zoned PC and is located in northeast La Costa, generally bounded by El Fuerte and Rancho Santa Fe. Road on both sides of future extension of Alga. By change of zone to RDM-Q the property can be developed upon the completion of San Marcos County Water District treatment plant, instead of waiting for the updating of the La Costa Master Plan. The Planning Commission has recommended approval of this amendment. However, staff has submitted a further report on public facility needs. EXHIBITS \'tf> T~. PTahning Commission Resolution 1,5*5* 2. Memorandum from James C. Hagaman, dated 2/8/80 3. Staff Report dated November 14, 1979 4. Letter dated August 17, 1979, San Marcos County Water District 5. Exhibit A (ZC-206) dated October 2, 1979 RECOMMENDATION It is recommended that ZC-206 be APPROVED and that the City Council direct the City Attorney to prepare documents per Planning Commission Resolution 1566 with the addition of the condition contained in Memorandum dated 2/8/80. Council Action: 2-19-80 Council directed the City Attorney to prepare documents approving ZC-206 per Planning Commission Resolution 1566 with the addition of the condition contained in the Memorandum dated 2/8/80. f. 1 2 3 4 5 6 7 8 9 10 1.1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Mt PLANNING COMMISSION RESOLUTION NO. 1565 A RESOLUTION OF THE PLANNING' COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONE CHANGE FROM P-C TO RDM-Q ON APPROXIMATELY 134 ACRES LOCATED IN NORTHEAST LA COSTA CASE NO.: APPLICANT: ZC-206 LA COSTA LAND -COMPANY WHEREAS, a verified application for certain property, to wit: A portion of sections 19 and 30 of Township 12 South, Range 3 West, San Bernardino Meridian, in the City of Carlsbad has been filed with the City of Carlsbad, and referred to the Planning Commission; and WHEREAS, said verified application constitutes a-request- as provided by Title 21 of the Carlsbad Municipal Code; and WHEREAS, this project has been processed through environ- mental review as required in Title 19, the Environmental Protec- tion Ordinance, and has been found in conforrcance due to prior compliance of certified EIR-307, which encompassed the.: :> property as referenced herein; and WHEREAS, the Planning Commission did, on November 14, 1979, held a duly noticed, public hearing as prescribed by lav;, to consider said request; and WHEREAS, s.t said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to Zone Change 206 and found the following facts and reasons to exist: 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1) The proposed project is consistent with the General Plan since the RDM-Q density range is based on the current General Plan Land Use designation. 2) The Qualified Overlay Zone requires a Site Development Plan to be approved by the Planning Commission and appealable to the City Council. Conditions may be placed on the site development plan to meet requirements of the General Plan or other needs. 3) The site is physically suitable for the type of density of the development since the site is adequate in size and shape to accommodate residential development at the density allowed by the RDM Zone. 4) The project is consistent with all City public facility policies and ordinances since: A) The San Marcos County Water District has assured the City that sewer service will be available after ~ the reactivation of their facility immediately south of the subject property. B) The Planning Commission finds that sewer service is not available for this development as of. the date of this approval. However, since sewer service may be available in the future, the Planning Commission, has, by inclusion of an appropriate condition to this application, insured that development will not be approved unless the City Engineer finds that sewer service is available.to serve the project. Building cannot occur within the project unless sewer service remains available. The Planning Commission is satisfied that the requirements of the public facilities element of the General Plan have been met insofar as they apply to sewer service for this project. C) School site acquisition or fees will be determined at time of submittal of the required site development plan. D) Water service will be provided by the San Marcos County Water District, and the applicant is required to comply with their rules and regulations. E) Gas and Electric service will be provided by San Diego Gas and Electric. F)' Park-in-lieu fees are required as a condition of approval at the time of development. G) All necessary public improvements have been either provided or will be required as conditions of approval. .2 r £ 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5) H) At this time, the Planning Commission is not prepared to find that all other public facilities necessary to serve the project will be available concurrent with need. The Planning Commission has, by inclusion of an appropriate condition, required that the project contribute to the costs of such facilities. Since the developemnt will pay its proportionate share of the public facilities which it will require-, the City Council is satisfied that the requirements of the public facilities element of the General Plan have been satisfied. The proposed change of zone will not cause any substantial environmental impacts, and has been declared in full compliance with environmental protection laws due to prior complaince of EIR-307. WHEREAS, the Planning Commission, by the following vote, recommended approval of ZC 206, subject to certain conditions: 1) This approval is granted for that portion of land described in the application, ZC-206, and further described on Exhibit A dated 10/2/79. 2) The property to be rezoned is as shown on the attached legal map, dated 11/14/79. 3) The applicant will provide school fees to mitigate conditions of overcrowding as part of building permit applications at time of development. These fees shall be based on the fee schedule in effect at the time of building permit application. 4) • This zone change is approved upon the express condition that the City Council finds it is reasonable to expect that sewer will be available concurrent with need as required by Section 21.49.020(1) as amended and that building permits will not be issued for development of the subject property unless the City Engineer determines that such sewer facilities are available at time of application for such permits and will continue to be available until time of occupancy. If the City Engineer determines that sewer facilities are not available, building permits will not be issued. 5) Prior to the issuance of building permits, the applicant shall pay a public facility fee as established in City Council Policy No. 17. The applicant shall enter into a secured agreement with the City for the payment of this fee prior to City Council action. AYES: Schick, Rombotis, Friestedt, Marcus, Jose, Larson NOES: None .3 c 1 2 3 4 5 6 7 8 9 10 11; 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOW, THEREFORE, BE IT HEREBY RESOLVED, that the foregoing recitations are true and correct. EDWIN S. SCHICKTVJRV Chairman CARLSBAD PLANNINGX^COMMISSION" ATTEST: ^ f l .%^&&+ JAMES C. HAGAMAN, .Secretary™ .4 <c 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ST.ATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY- OF CARLSBAD ss I, JAMES C. HAGAMAN, Secretary to the Planning • Commission of the City of Carlsbad, California, do hereby certify that the foregoing resolution was duly introduced, approved and adopted by the Planning Commission of the City of Carlsbad at a regular meeting of said Commission held on the 28th day of November, 1979 by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: Schick, Rombotis, Jose, Marcus, Friedstedt, Larson None ' ' Leeds None JAMES C. HAGAMAN, Secretary CARLSBAD PLANNING COMMISSION ZC-206 MEMORANDUM DATE: February 8, 1980 TO: Frank Aleshire, City Mananger JyFROM: [|Y/ James Hagaman, Planning Director SUBJECT: Zone Change and Master Plan Amendment (ZC-206/MP-149(D), La Costa Land Company REF: Agenda Bill Nos: 6094 and 6095 These applications are for property in the northeast La Costa area, which is served by the San Marcos County Water District for both water and sewer service. San Marcos County Water District provided a letter dated August 17, 1979, indicating sewer service will be available with the reactivation of the existing sewer plant. The Planning Commission processed the application in the anticipation that all permits, including the applications for a change of zone and precise development plan for the sewer plant expansion would be approved. However the applications have been continued by the City Council pending approval of the sewage treatment plant. These applications for the sewer plant (PDP-3 & ZC-207) were approved by the City Council on February 5, 1980. The City Council can now make a finding that sewer service is available for the subject applications and process the subject applications. The City Council also continued these cases pending disposition of the public facility fee agreement process. The City Council directed modification of the process, which appears to be to the applicant's satisfaction. It is anticipated that the agreement will be entered into prior to the hearing. During the previous discussions on continuing these applications staff noted that further review of the school and park sites in the area would be necessary. A 12.5 elementary school site in the San Marcos District and a 14.7 acre city park are indicated on both the General Plan and the La Costa Master Plan. The school is located at the future southwest corner of Alga and Melrose, the park site is to be west of Rancho Santa Fe Road adjacent to the San Marcos County Water District Treatment Plant. Both of these sites were established based on needs for the entire La Costa master planned area. The removal of the subject property from the P-C zone and Master Plan does not reduce the needs for the sites. The applicant Memorandum Frank Aleshire, City Manager February 8, 1980 Page 2 recognizes this and has indicated they will cooperate in the future transfer of ownership and development. The policy questions are how to accomplish this. The park site is in the Parks Agreement between the City of Carlsbad and the La Costa Land Company. This park will be dedicated with the first final subdivision in the area as delineated in the agreement. The City is presently processing the Rancheros tentative subdivision which will require this dedication. There is no agreements however for school site dedication. The present agreement the City has with the San Marcos School District is to provide fees for temporary facilities. There are no provisions at this time to provide land in lieu of fees. However the school district has indicated a need for the site and the Public Facilities Element requires guarantee of public facilities prior to approval. The school site was established in the La Costa Master Plan with the October 26, 1976 amendment (MP-149(B). This amendment was adopted by Ordinance No. 9469. It indicates that "development within the amended master plan shall occur in accord with said exhibit..." Said exhibit is Exhibit B dated September 27, 1976, which shows a school site adjacent to Rancheros located as noted earlier. The amendment also requires in Condition P that "All public facilities necessary to serve the proposed development areas shall be provided by the developer concurrent with the first increment of development in each of the residential areas shown in Exhibit B, dated September 27, 1976." In the Lake Calavera Hills Master Plan there is a statement that the applicant "...shall comply with the City of Carlsbad's public facility policy by assuring continued cooperation with its school district by setting aside such land as my be necessary to meet the needs of the school district and/or by compliance with any formal agreement between the developer and the school district." Thus the master plan reserves the land. However, the school district could request dedication at time of development. That issue is not contained in the Lake Calavera Hill's Master Plan. Memorandum Frank Aleshire, City Manager February 8, 1980 Page 3 It may be resolved, however, with the proposed Growth Management Plan. This plan as proposed will address the when, how and where of school sites. This information should be available June, 1980. Also, the City is starting to process the La Costa Master Plan Amendment. This amendment will also address school needs, siting and acquisition. Not having this basic information when reviewing the subject application staff did not consider the change of zone and master plan amendments as development permits. Thus a letter was sent to San Marcos Unified School District indicating that development permits (subdivision maps) would be submitted soon and they should start considering the need for the site or fees. The school district did submit a letter with the first subdivision (Rancheros) requesting dedication of the site. Also, Mr. David Larson of San Marcos School District did indicate verbally when discussing the subject change of zone that the site is needed. Based on this the Planning Commission has recommended that the school site be retained in the P-C Zone, so that its dispostion will remain in the master plan process. The Planning Commission felt that since the property to be rezoned will have the Q overlay zone, the school site would be resolved with the site development plan process. However, upon further review, staff now considers a change of zone and master plan a development permit. Thus the matter of the school site as noted in the La Costa Master Plan must be resolved; especially as to "how" and "when" to handle the proposed school site. Staff believes that "how" to guarantee the school site is with approval of any development permit in the area. The "when" the school site is to be required is the unresolved question. There are two basic methods to resolve the need for the school site. One is to reserve the site pending agreement between the school district and the applicant, or two, require the applicant to dedicate the site as a condition of approval of any development permit. An intermediate solution is to require the applicant to reach agreement with the school district prior to the development approvals; i.e., tract map, stie plan, etc. This allows for negotiation, but would require resolution of the issue before development could occur. Staff recommends this intermediate approach. Memorandum Frank Aleshire, City Manager February 8, 1980 Page 4 Recommendation It is recommended that the following condition be added to ZC-206 and MP-149(D): "The applicant shall reach agreement with the San Marcos Unified School District to ensure that necessary school sites will be approved. Said agreement shall be subject to the approval of the City Council prior to the issuance of the site development plan for the project area." BP:ar 2/15/80 Attachments Ordinance Nos: 9469 & 9322 o CO • i 1of < 01 :. BIONDO, J• CITY OF C..M AVENUEALIFORNIASo 2"J 8duj Z r* < 0 «£ " tn - ° J>.t- cc >- ° o • 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 1 20 21 22 23 24 25 26 27 28 ORDINANCE NO. 9469 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AMENDING ORDINANCE NO. 9322 AND REPEALING ORDINANCE NO. 9376 TO ADOPT A REVISED MASTER PLAN FOR THE LA COSTA AREA SUBJECT TO CERTAIN CONDITIONS. The City Council of the City of Carlsbad, California, does ordain as follows: SECTION 1: Ordinance No. 9322 adopting a Master Plan for approximately 2,900 acres of land, known as La Costa, is hereby * amended by the amendment of the first three lines of Section 2, of said ordinance, to read as follows: "The Master Plan marked Exhibit B, Case No. MP-149(B) entitle^ La Costa Master Development Plan, dated September 27, 1976, on file in the offices of the City Clerk, and incorporated herein by reference, is approved subject to the following limitations and * conditions." SECTION 2: Ordinance No. 9322, Section 2, is hereby amended further by the addition of the following conditions: "N. Development within the area described in the amended Master Plan, Exhibit B, dated September 27, 1976, shall occur in accord with said exhibit including, but not limited to, the Circulation Plan, School Site and Park Site Plan and adoptory standards of development for the areas identified as Santa Fe * • Knolls, Rancheros de.La Costa and La Costa Vale Unit No. 2, and Green Valley Knolls as indicated thereon. O. Approval of this Master Plan Amendment MP-149(B) indicates acceptance by the City Council of a general scheme of development for the subject properties. It does not guarantee 3 4 5 6 7 8 9 10 11 12 13 o> mO s Ji>-s z s; 8 a 3£g| 14 §?s|2£$2 -i*mo2j -10 16 17 18 19 20 21 22 23 24 25 26 27 28 that individual, developments within the Kcfster Plan boundary will be approved. Individual developments will be evaluated in accord with municipal ordinances and policies in force at the time of plan submittal. Approval and construction of an individual development under this Master Plan will not vest any development rights in the balance of the Master Plan area. P. All public facilities including, but not limited to, water, sewer and roads necessary to serve the proposed develop- ment areas shall be provided by the developer concurrent with the first increment of development in each of the residential areas shown in Exhibit B, dated September 27, 1976. Q. The submittal of supplements to EIR-307 shall be required with applications for any development within the project area. These supplements, suggested as mitigating measures of EIR-307, shall contain the following:' 1. Detailed soil and geologic investigations; 2. Detailed archaeological investigations; •3. Detailed biological surveys; 4. Mitigation measures and alternatives for all impact which may affect significant resources; • 5. Discussions of impacts attributable to the development which have not been adequately addressed in EIR-307. R. Portions of the park requirements for the. subject amendment shall be satisfied as follows: 1. Developer shall dedicate Canyon Park, 11 acres, shown on Exhibit B, dated September 27, 1976, concurrent with • the recordation of a final map for Rancheros de La Costa; 2. Developer shall dedicate 12 acres of the proposed 2. CQ 3 O ^5 °£ < en0 <d u. ^ =; §?l|2t <2 O •« -J"•'jdS S|8dIU Z w <(;o S - ra It S 1 "2 3 4 5 6 7 8 9 10 11 12 13 15 16 17 18 19 20 21 22 23 24 25 -26 27 28 . W . W . •twenty-eight acre Community Park shown on Exhibit B, dated September 27, 1976, concurrent with the recordation of the final map for Phase 1 of Santa Fe Knolls. The Park ordinance requirements for Rancheros and Santa Fe Knolls will be satisfied from said dedications. Any park dedica- tion in excess of the subdivision park ordinance requirements for* the Rancheros may be made available for 'future development pur- suant to an agreement between the City and La Costa Land Company in accordance with Section 20.44.110 of the Carlsbad Municipal Code. " SECTION 3: Ordinance No. 9376, adopting a revised Master Plan for the La Costa area, is hereby repealed. EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be published at least once in the Carlsbad Journal within fifteen days after its adoption . INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council held on the 26th day of October , 1976 and thereafter . . PASSED AND ADOPTED at a regular meeting of said Council held on the 2nd day of November , 1976, by the following .vote, to wit: 3. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16- 17 18 19 20 21 22 23 24 25 26 27 28 AYES: NOES: ABSENT: Councilmen Frazee, Lewis, Packard, Skotnicki an Councilwoman Casler None None Vx^ ROBERT C. FRAZEE, May ATTEST: MARGARET E. ADAMS> City Clerk " V (SEAL) J 1 3 4 5 2 AN ORDINANCE OF THE CITY OF CARLSBAD ADOPTING ORDINANCE NO.9322 A MASTER PLAN SUBJECT TO ANNEXATION OF PROPERTY TO THE CITY OF CARLSBAD, SAID PROPERTY BEING 2900 ACRES, LOCATED EAST OF EL CAMINO REAL AND NORTHERLY OF OLIVENHAIN ROAD. (TaCosta LandDevelopmeritCo.) 28 29 30 6 The City Council of the City of Carlsbad, California, DOES 7 ORDAIN that a Master Plan for the hereinafter described real property 8 be adopted in the following particulars: 9 SECTION 1. PROPERTY DESCRIPTION. All that real property 10 situated in the County of San Diego, State of California, being por- tions of Sections 25, 26, 35 and 36 of Township 12- South, Range 4 West12 Sections 19, 29, 30, 21 and 32 of Township 12 South, Range 3 West,13 S.B.M. and Lots 3, 4, 5, 8 and 9 and portions of lots 6 and 10 of 14 Rancho La Encinitas per map #848 and all maps of record lying in15 the approved area known as the East Carlsbad Annexation 2.12 (LaCosta)16 more particularly described in application on file in .the City Clerk's Office.18 SECTION 2. MASTER PLAN. The Master Plan, marked 'Exhibit A",19 entitled "Master Plan for Planned Community", is subject to the 01 following limitations and conditions: di. A. That this application shall be approved subject to formal annexation to the City of Carlsbad. B. That the La Costa Master Development Plan be subject to review and revision at such time as the City of Carlsbad General Plan revision is initiated. The review shall include at least the followin 22 23 24 25 25 1. Major circulation systems2' 2. Open space patterns 3. Conservation 4. Land use pattern 5. Public facility requirements x- 6. Other review items deemed necessary by the City of Carlsbad , c. The developer will offer for dedication to the City of v>JL I Carlsbad the area indicated on the Master Plan as San Marcos Canyon -1 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 •30 31 32 as property releases for the canyon become available. D. Maximum densities as indicated on the approved Master Plan shall be adopted. A City of Carlsbad General Plan Amendment shall be approved for any revision that will increase densities or alter approved land uses. E. That an agreement scheduling the dedication of discussed neighborhood parks shall be entered into between the developer and the City before any final map approval in the Planned Community zoned areas. F. That in lieu of paying fees, the developer may dedicate discussed parks with the basic improvements installed. Said improve- ments shall be as approved by the City of Carlsbad prior to construc- tion and shall be in conformance with the following basic criteria: 1. That at no time shall the developer be required to provide parks improvements in excess of the fee requirement. G. That prior to the installation of any plant materials, soil tests shall be conducted by an approved laboratory and those amend- ments added prior to planting that are necessary to insure healthy plant growth. H. That an approved full coverage automatic irrigation system shall be installed. I. That a minimum of 25% but not less than one (1) acre shall be planted with an approved variety of turf. The turf area shall not have gradients in excess of four (4) percent. J. That each park area shall have a minimum of one hundred and fifty (150) feet adjacent to an improved dedicated street. K. That each park shall contain a minimum of twenty (20) trees per gross acre. Said trees shall be of an approved variety, be subject to approval prior to planting and shall graduate in container size as follows: 10% - 24 inch box or larger, 40% - 15 gallon or larger, and 50% - 5 gallon or larger. L. Each park site shall be evaluated by the City prior to 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 construction to determine, depending upon the availability of funds, needs pertaining to lighting, play areas, restrooms, etc. M. Discussed parks criteria shall fulfill all requirements of Ordinance 9190 (Parks Dedication or Fees in Lieu of Dedication) unless densities in the future should exceed those shown on the adopted Master Plan. SECTION 3. EFFECTIVE DATE. This Ordinance shall be effec- tive 30 days after its adoption. The City Clerk of the City of «, Carlsbad shall certify to the adoption of this Ordinance and cause it to be published once in the Carlsbad Journal within fifteen (15) days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of the City Council of the City of Carlsbad, California, held on the 15th day of August, 1972, and thereafter PASSED AND ADOPTED at a regular meeting of said City Council on the 5th day of September, 1972, by the following vote, to wit: AYES: Cmn. McComas, Lewis, Chase and Frazee. NOES: None> ABSENT: Cmn. Dunne. ATTEST:by: DAVID M. DUNNE, Mayor GLENN E. McCOMAS, Vice Mayor MAR Q Al, E. A D A M S C i ty Clerk (SEAL) , -3- STAFF REPORT DATE: November 14, 1979 TO: Planning Commission FROM: Planning Department SUBJECT: ZC-206/MP-149(D) , 'CHANGE OF ZO.NE FROM P-C TO . RDM-Q AND AMENDMENT OF THE LA COSTA MASTER PLAN DELETING THAT PORTION IN THE MEADOWBROOK AREA. Location and Desc r ip tion The subject property is 134 acres located in northeast La Costa. The property is west of Rancho Santa Fe Road and at the present easterly terminus of Alga. As indicated in Exhibit A dated October 2, 1979, there are five parcels of which parcel 2 through 5 are part of this application. Parcel 1 is Rancheros, which is not a part of this application. Parcels 2 and 3 are on a relatively high ridge sloping down- ward to valleys to the east and south. Development in much of this area require grading. Parcels 4 and 5 are in a relatively flat valley running generally north and south. The property within this requested Master Plan amendment--is only a portion of the land within the zone change application. The Master.Plan amendment is for the removal of Parcel 2 and a little over half of Parcel 3 from the La Costa Master Plan. This encompasses approximately 45 acres. A, dated October 2, 1979, of Master Plan 149(D) See Exhibit On this exhibit there is a 2* notation. It represents the area without a landuse designation. Although part of 'La Costa Land holdings, it is not part of the La Costa Master Plan. . . The remaining portion Master Plan Amendment the Master Plan, of the zo'ne change is not in-the because it is not presently a part of Land U?e Subject Property North South East West Vacant, Vacant Vacant Single the the except for one old barn. SMCWD wastewater treatment facility family residential development in County area and industrial park toward southwest. Vacant, and single family and multiple family development along El Fuerte and Alga. Existing Zoning Subject Property: P-C North: P-.C South: P-C and L-C. East: County, Residential & San Marcos Industrial West: P-C, R-l, C-l and RD-M History and Related Cases MP-149: Master Plan Mo. 149 was adopted and last amended on November 2, 1976, by City Council Ordinance'No. 9469, (MP- 149(B). The master plan included only the northwesterly portion of the subject prop.erty. The land use on the present master plan is residential with a density of 14 and 20 du/ac. The remaining portion of the subject property were purchased by La Costa Land Company after the adoption of the initial master plan and therefore are not part of Master Plan 149. Master Plan 149 is considered lawfully non- conforming since it v/as adopted prior to the revision of the P-C zone. Since this is a lawfully existing non-conforming master plan the property may only be developed by one of the following: 1) By a Planne.d Unit Development;-' 2) Amend the Master Plan to bring it into conformance with todays requirements and include all of the property within the Master Plan boundary. - ' i E'nvironmental Impact Information A declaration of negative environmental impact has been made for the project based on the justification that: 1) The project is administrative in nature and any future development of the property would be subjected to an . additional environmental impact assessment. 2) An environmental Impact report has been certified for that portin of the property located within the master planned area, finding that any potential adverse impacts could be mitigated through the master plan and/or on a project by project bas'is. These .same mitigation measures could still be applied to the subject property as development of the property is subjected to discretionary review by the City. 3) The City's General Plan designates that portion of the property covered by the master plan.for residential densities equal to or less than densities proposed by the master plan. • • . 4) The project would not have a significant impact on any flora or fauna, nor any unique or historical environmental features. General Plan Information A. Laird Use The general plan designates parcels 3, 4 and 5 as Medium Density Residential (4-10 du/ac). Parcel 2 is designated as Medium High Residential (10/20 du/ac). The density requirements of the RD-M Zone are those assigned by the General Plan. The General Plan also indicates an elementary, school on Parcels 4 and 5. . Although the site is indicated on Exhibit A of ZC-206, it is not proposed for open space zoning (as other school sites are) since the property is not yet owned by the district. •The General Plan circulation element indicates the'- continuation of Alga Road as a major arterial through to Melrose, which is to be a prime arterial. Melrose 'will intersect Palomar Airport Road to the north and connect with Rancho Santa Fe Road to the south. B. Public Facilities • • Sewer: Sewer service is not available for this development as of the date of this report. However, sewer service may be available in the near future. Sewer will be provided by San Marcos County Water District. To provide this service, the district will reactivate their facility immediately south of the subject project, west of Rancho Santa Fe Road. The City Council- has • directed the processing of subject applications since sewer service has been guaranteed by S. n Marcos County Water District. See attached letter dated August 17, 1979, from San Marcos. County Water District. Application for reactivation are presently being processed. The Planning Staff has by appropriate suggested conditions to this application insured that development may not occur unless the City Council finds that sewer service is in fact available to serve this property. Therefore the staff is satisfied that the requirements of the public facilities element of the general plan have been met insofar as they apply to sewer service. Schools: This area is served by-the San Marcos Unified School District. This application is not a residential development 25 defined in the school facility require- ments of the Carlsbad Municipal Code. Therefore determination of dedication of site or fees is not needed at this time. Water: Water service will be provided by the San Marcos Water District, and the applicant is 'required to comply with their rules and regulations. Gas and Electric: Gas and electric service will be provided by SDG&E. . . On-Site and Adjacent Public Improvements: Public imprments will be required per the City Public Improvement Ordinance and/or as conditions of approval. Other Public Facilities: Staff has determined that they are not prepared to find that all other public facilities necessary to serve this project will be available concurrent with need. However, the Planning Commission may, by inclusion of an appropriate condition require that the project contribute to the costs of such facilities according to City Council Policy No. 17. Since the development would pay .its appropriate share Of the public facility it would require, the Planning Commission could be assured that the requirements of the Public Facilities Element of the General Plan would be satisfied. In addition park-in-lie fees would be assessed at the time of building permit issuance. C. Other Elements of the General Plan The project is consistent with all other elements of the City's General Plan. Major PIanning Considerations .. • • 1) Removal of subject property from .the PC Zone deletes the requirement for master planning. Should this area be master planned? • h 2) The La Costa Master Plan contains a portion of subject property. What effect will the removal of this property from the Master Plan have on La Costa? Piscussion . ' The major reason the request for rezoning and deletion from the Master Plan is that before the property can be developed the Master Plan must be updated. This may take a relatively long time. Since this area is served by San Marcos Sewer District (whereas most of La Costa is served by the Leucadia District;, and the San Marcos District is prepared to provide sewer, the pro.perty could be developed soon if taken out of the ?-C Zone and La Costa Master Plan; The issue to be decided is, is it beneficial to have the subject property Included in a Master Plan, or is this property not an integral part of the La Costa Master Plan? The PC Zone requires a master plan prior to development (except PUD'S maybe approved). A master plan requires public facility planning such as major streets, parks, schools, fire station, libraries, etc. Planning of these public facilities involve determination 'of location, financing and timing of construction. The larger the area of a master planned community the more extensive the public facility planning. Th;e>master plan also provides for special development program to encourage community identity within the City. This will provide'diversification of housing types and neighborhoods. The master plan provides for a measure of growth control. Presently the potential for unrestrained growth in the La Costa area (except for sewer availability), is that the master plan is nonconforming and must be updated. Also,'the updated master plan may contain growth restraints as conditions of approval. The City Council is presently discussing the benefits of growth control, but as yet no definitive position hasbeentaken. The subject property is at the periphery of the.La Costa area being at the northeast corner. Therefore there is limited continuity with the major areas of La Costa. In fact the adjacent properties are to be built out as estates (Rancheros) on property generally physically separated from most of La Costa. The only major public facilities to be built in the subject -area are the extensions of Alga and Melrose Avenues and the expansion of Rancho Santa Fe Road and an elementary school The San Marcos Creek Park site is adjacent to tire south of the subject projects. '• '• Most of the site to be rezoned is presently not Costa Master Plan, but would be included if the for rezdiiing was denied. in the La application The subject site is peripheral to the major facilities and center of the La Costa area. Removing it from the Master Plan would have little impact on the master plan. For this reason staff has recommended approval of the request, but there are also obvious reasons to retain the area in the P-C Zone. The General Plan and Master Plan indicates an Elementary School site on the south side of Alga Road. The rezone application includes this site. However, the amendment to the Master Plan does not request the deletion of the site, area, w between remai n school - the i te is to be resolved Plan. a school site is contiguous with the Rancheros ch will remain in the P-C Zone. For consistency T,Q zoning and Master Plan the'school site should one (contiguous with Rancheros). The , of parcel 3 and therefore would have ime of submittal of the Site Development P-C par at Recommenua ti o'n "I. ZC-205 It that is recommended that the area noted ns remain in the P-C Zone conditions: ZC-206 be APPROVED, except school site on parcel 3 shall for the following findings and y^**^ lv) The proposed project is consistent with the General Plan since the RD-M-Q density range is based on the current general plan land use designation. 2) The Qualify Overlay Zone requires a Site Development Plan approved by the Planning Commission appealable to the City Council. Conditions may be placed on the site development plan to meet requirements of the general plan or any other needs. 3) The site is physically suitable for the type of density . of the development since the site is adequate in size and shape to accommodate residential development at the density allowed by the RD-M Zone. . 4) ' The project is consistent with all City public facility policies and ordinances since: a) The San Marcos County Water District has assured the City that sewer service will be available after the reactivation of their facility immediately south of the subject project. . • b) The Planning Commission finds that sewer service is not available for this de-ve-lopment as of the date of this approval. However, sewer service • may be available in the future. The Planning Commission has, by inclusion of an appropriate - • condition to this application, insured that development will not be approved unless the City Engineer finds that sewer service is available to serve the project. Building cannot ««*yw-fi occur within the project unless sewer service remains available, the Planning Commission is satisfied that the requirements of the public • facilities element of the general plan have been met insofar as they apply to sewer, service fr this condominium permit and tentative map approval. c) School sites aquisition or fees will be determined at time of submittal of the required site development plan. . . . d) Water service will be provided -by the San Marcos County Water District, and the applicant is required to comply with their rules and regulations. e) Gas and Electric service will be provided by San Diego Gas and Electric. f) Park-in-lieu fees are required at time of develop-, ment. g) All necessary public improvements have been either provided or will be required at time of development. h) At this time, the City Council is not prepared to find that all other public facilities necessary to serve project will be available concurrent with need. The Planning Commission has, by inclusion of an appropriate condition, required that the project contribute to the costs of such facilities.* Since the development will pay its proportionate share of the public facilities which it will require, the City Council is satisfied that the requirements of the public facilities element of the general plan have been satisfied. 5) The proposed change of zone will not cause any substantial environmental impacts, and a declaration of negative environmental impacts has been made finding that: a) Th-e project is administrative in nature and any future development of the property would be subjected to an additional environmental impact assessment. b) An environmental impact report has been certified for that portion of the property located within the master planned area, finding that any potential adverse impacts could be mitigated through the master., plan and/or on a project by project basis. These same mitigation measures could still be applied to the subject property as development of the property is subjected to discretionary review by the Ci ty. c) The City's General Plan' designates that portion of the property covered by the master plan for residential densities equal to or less than densities proposed •'• .by the master plan. d) The project would not have a significant impact on • any flora or fauna, nor any. unique or historical environmental features. Conditions • • '• • 1) This approval is granted for that portion of land described in the application, ZC-206, and further described on Exhibit A dated 10/2/79. -. 2) The property to be rezoned is as shown on the attached legal map. . 3) The applicant will provide school fees to mitigate conditions of overcrowding as part of building permit applications.at time of development. These fees shall be based on the fee schedule in effect at the time of building permit application. 5) This zone change is approved upon the express condition that building or grading permits will not be issued for development of the subject property unless the City Engineer determines that such sewer facilities are available at time of application for such permits and will continue to be available until time of occupancy. If the City Engineer determines that sewer facilities are not available, building permits will not be issued. Prior to the issuance of building permits, the applicant shall pay a public facility fee as established in City Council Policy No. 17. ' • II. MP-149(D) It is recommended that MP-149(D) be APPROVED based on the following findings and conditions: Findings 1) 2) 3) This area because: need not be a part of a Master Plan Community a) It is at the periphery of the La Costa Community and the City boundaries and therefore not an area centrally important. b) - The public facilities needed in this area will Be required at time of development. ' Removing will not because: this have project from the La Costa Master Plan a detrimental effect on that Master Plan a) - The property is on the periphery of the La Costa Master Plan Community. . . ' . . . * b) The property is separated from most of the La Costa area by a canyon and open area of a future proposed estate development. The proposed master plan will not cause any substantial environmental Impacts* and a declaration of negative environmental Impacts has been made finding that: a) The project is administrative in nature and any future development of the property would be sub- jected to an additional environmental impact assessment. b) An environmental impact report has been certified for that portion of the property located within the master planned area, finding that any potential adverse impacts could be mitigated through the master plan and/or on a project by project basis. These same mitigation measures could still be applied to the subject property as development of the property is subjected to discretionary review - by the City. c) The City's General Plan designates that portion of the property covered by the master plan for residential densities equal to or less than densities proposed by the master plan. d) The project would not have 'a significant impact on any flora or fauna, nor any unique or historical • • environmental features. • . 4) Sewer will be provided in this area by San Marcos County Water District. A letter has been submitted from the District assuring sewer availability. The City Engineer will not permit grading or building • permits unless he determines sewer service is available. Conditions . 1) The property to be deleted from the La Costa Master Plan is as shown on Exhibit "A" dated 10/2/79 for MP-r 149(D). 2) The applicant shall submit reproducible copies of the . .>*.-• amended Master Plan prior to- acceptance of any requests for development. 3) This zone change is approved upon the express condition that building trr- gra-d-i-a-g permits will not be issued for • development of the subject property unless the City Engineer determines that such sewer facilities are available at time-of application for such permits and will continue to be available until time of occupancy If the City Engineer determines that sewer facilities are not available, building permits will not be issued. ATTACHMENTS • • Location Map (MP-149(D) " ' •. Legal Map (ZC-206) Exhibit A (MP-149(D) dated October 2, 1979 Exhibit A (ZC-206) dated October 2, 1979 Letter dated August 17, 79, San Marcos County Water District BP/ar - LA CRSE Date Rec'd Description of Keenest: O^t ^ Applicant:^! Engr. or Arch._ Brief Date:L 3 .V CTF^ r>T^^J.-OFMF^tr FVAl^L EL- PUS "fV? General Plan Land Use Description t Existing Zone: Acres: ^. FSMH. ___Proposed y.one : Sdiool Pi strict; Hater District: *= \KJtT=\\cT>: r,.WO Sanitation District:_ Coast Permit Area:. JBY E1LANCHAKD /ICC PRESIDENT STANLEY A. MAHH 3IRECTORS•1AHRY 8. KEEOAIJGH MA:IGARET E. FERGUSON LEO F. SMITH GENERAL MANAGERJAMES F. MCKAY ATTORNEY VErlNON A.PELTZER . san.rf!6rcos county waWr district PHONE (714) 714-0400 • 788 SAN MARCO5 1'OULE.VAHD • SAN MARCOS. CALIFORNIA 92069 iWr di August 17, 1979 City of Carlsbad 1200 Elm Avenue Carlsbad, California 92008 RICK ENG. Date Received AUG 2 * 1379 Attention: Gentlemen: Mr. Games' Hagaman Director of Planning Re: Sewer Service - La Costa Northeast The La Costa Land Company (Applicant-) the fee owner of the land shown on Exhibit "A" marked Parcels 1,2, 3, 4 & 5 has requested the San Marcos County Water District (District) to provide a sewer service availability letter for the referenced property. Subject property is located within the District and within the sewer service improvements as follows: A portion of Parcels 1, 2, 3 All of Parcels 4 & 5 To be eligible for sewer service, applicant- will be required to meet the following conditions: 1. 2. Complete the annexation to sewer Improvement Districts 1, 2 & 6 those portions of Parcels 1,2 & 3 lying out- side of the improvement districts boundary. uct all on-site and off-site sewer facilities ect the proposed project to District's facilities ' 3. Cons to c and dedicate the faci'liitos to the District in accord- ance with the District's Standard Rules and Regulations. Pay all fees required by the District on demand by the District. WAI t-ll — IIASiC TO ... Lift .. . MKAU1H . . . AND PnuCil son C,arcos county.wp^er district . •«, •" !^»J City of Carlsbad -2- August 17, 1979 4. Perform the terms of the "Agreement for Design and • Construction of the Reclamation Facilities Between La Costa Land Company and the San Marcos County Water District" with effective date of March 19, 1979, (Reclamation Agreement), to provide the fac- ilities and capacity to handle sewage for this project. . . Subject to the foregoing conditions this District will provide the project up to and including 750 Duelling Unit Equivalents (D. U.E.'s) (computed at the rate of 250 gallons per day per D. U.E.) as follows: Parcel 1 r^xwoHe^s) 92 D. U.E.'s Parcel 2(j*emw<-< CZWTEH.J 100 " Parcel 3G*i£Aoe>^ eeeoiO 220 " Parcel 4Cru£AP<wu4nK.) 300 " Parcel 5 (5°vf * heAp«u/M»fc) 38 " ' Actual connections to the system will be scheduled and provided in accordance with the terms of the Reclamation Agreement. ,. It is understood by Applicant that this letter is based upon exist- ing conditions and is issued for planning purposes and that the conditions precedent specified above must be satisfied before service will be provided. . This commitment to provide service has been made by the Board of ' Directors and is subject to the Applicants' compliance with the applicable rules, regulations, ordinances, procedures and policies of the District, including those relating to fees and charges, the California Environmental Quality Act of 1970, as amended, the applicant's agreement to construct any on-site and off-site fac- ilities, together with the applicant's providing security as required by the District for such construction. This letter of availability pertains solely to the proposed project and is not transferable to any other project, is not transferable to any other parcel of land, and is not transferable to any other applicant. Any act in violation of this provision, whether or not W/IH It • -tlAMC TO ...Lin . . HtALIM . . . san j^arcos' county W£>r district . ^' ' ' - v-/ City of Carlsbad -3- August 17, 1979 legally effective to accomplish a transfer, automatically renders this letter null and void. . • . This letter is void and of no further force and effect on or after June 1, 1982. Sincerely, ames F, McKay General Manager JFM/mds Ends. cc: La Costa Land Company Rick Engineering ^ Vernon A. Peltzer File - WATCfl — ll/\SIC TO ... 1.11't: . . . HEALTH . . .