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HomeMy WebLinkAbout1980-08-05; City Council; 6320; General Plan Amendment from NRR to TSCITY OF CARLSBAD INITIAL AGENDA BILL NO. (j> 3 3 O DATE: August 5, 1980 DEPARTMEN" : Planning Dept. Hd.Brt AB^\ Cty. Attv. V Pv Cty. Mgr. <2^ SUBJECT: ' GENERAL PLAN AMENDMENT PROM NRR (NON-RESIDENTIAL RESERVE) TO TS (TRAVEL SERVICES COMMERCIAL) _ APPLICANT: ECKE _ CASE NO; GPA-50 (B) STATEMENT OF THE MATTER ! The applicant requests a General Plan Amendment from NRR to TS on 15.31 acres of land located on the northwest corner of Palomar Airport Road and Paseo Del Norte, adjacent to Interstate 5. The applicant's intent is to provide a consistent land use designation to rezone the property to CT (Commercial Tourist) to allow the development of a motel, 2 restaurants, service station and related commercial shops. The Planning Commission found that the site was suitable In size and shape to accommodate uses allowed in the T-S designation and that uses allowed in this designation were compatible with surrounding land uses. ;; Through staff review and Planning Commission hearing, all issues on this matter have been satisfactorily resolved. EXHIBITS 1. PC Resolution No. 1653 2. Staff Report dated, June 19, 1980 RECOMMENDATION Both the Planning staff and Planning Commission recommend that this application be APPROVED and that the City Attorney be directed to prepare documents APPROVING (GPA-50 (B) ) , per Planning Commission Resolution No. 1653. Council Action: 8-5-80 Council directed the City Attorney to prepare documents approving GPA-50(B). 1 2 3 4 5 6 PLANNING COMMISSION RESOLUTION NO. 1655 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF AN AMENDMENT TO THE LAND USE ELEMENT OF THE GENERAL PLAN CHANGING THE LAND USE DESIGNATION FROM NRR (NON-RESIDENTIAL RESERVE) TO TS (TRAVEL SERVICES COMMERCIAL) ON PROPERTY GENERALLY LOCATED ON THE NORTHWEST CORNER OF PASEO DEL NORTE AND PALOMAR AIRPORT ROAD. APPLICANT: ECKE CASE NO: GPA-50(B) WHEREAS, a verified application for certain property, generally 8 .located on the northwest corner of Paseo Del Norte and Palomar 9 Airport Road, has been filed with the City of Carlsbad and referred 11 10 to the Planning Commission; and WHEREAS, said verified application constitutes a request as .provided in Title 21 of the Carlsbad Municipal Code; andJLo WHEREAS, the Planning Commission did, on the 19th day of June, .1980, hold a duly noticed public hearing as prescribed by law to15 consider said request; and 17 16 WHEREAS, at 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 the General Plan Amendment and found the following facts and reasons to 18 19 20 21 22 Fir-dings: .1 1) The site is physically suitable in size and shape to ^ accommodate uses allowed in the TS (Travel Services Commercial) designation for the reasons stated in the staff report.<j4 i 2) The site is located so as to be adequatly accessible to interregional traffic since it is adjacent to Interstate 5 and Palomar Airport Road interchange. 25 26 27 3) Uses allowed in the TS (Travel Services Designation) are compatible to and consistent with surrounding land uses for reasons stated in the staff report. 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 c 4) The project is consistent with all city public facility policies and ordinances since: a) Sewer service is not required for this project and subsequent development of the property will require the availability of sewer service to serve such development or building cannot occur. 5) This project will not cause any significant adverse environ- mental impacts since, based on the initial study and field investigation of the site, the Planning Director has issued a Negative Declaration on May 29, 1980, Log No. 707. Further, subsequent development of the project will require environ- mental review as part of the application processing procedure. 6) The applicant has provided sufficient information to justify a change of the NRR designation to TS for reasons stated in the staff report. 7) Precise location and intensities of land uses will be subject to further review and controls through the requirements of the zoning ordinance. 8) This amendment is consistent with all other elements of the General Plan. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Carlsbad, as follows: A) That the above recitations are true and correct. B) That in view of the findings heretofore made and considering the applicable law, the decision of the Planning Commission is to recommend APPROVAL of GPA-50(B) as represented on the attached Exhibit A, dated May 20, 1980. PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Jof Carlsbad Planning Commission held on June 19, 1980, by the ;following vote, to wit: AYES: Schick, Larson, Friestedt, Marcus, Rombotis and Jose j NOES: None ABSENT: Leeds ABSTAIN: None ATTEST:K,JR\,Chairman CARLSBAD PLANNING COMMISSION -- JAMES C. HAGAMAN/ ^ec^Pefary xCJVRLSBAD PLANNING COMMISSION / ^ PC RESO #1653 -2- ( RM NRR NRRN PAL- AIRPORT RD PLASi FROM HFiFS TO ~P5 LOCATIOK MAP sr-20-80 STAFF REPORT DATE: June 19, 1980 TO: Planning Commission FROM: Bill Hofman, Associate Planner SUBJECT: GPA-50(B) - ECKE - Request to amend the Land Use Designation of the General Plan from NRR (Non- Residential Reserve) to TS (Travel Services Commercial) on property generally located on the northwest corner of Paseo Del Norte and Palomar Airport Road. I. PROJECT DESCRIPTION The applicant requests an amendment to the Land Use Designation of the General Plan from NRR (Non-Residential Reserve) to TS (Travel Service Commercial) on 15.31 acres of land located as described above. The applicant's intent is to provide a consistent designation to rezone his property to C-T (Commercial Tourist) to allow development of a motel, two restaurants, service station and related commercial uses. The applicant has applied for a zone change from L-C (Limited Control) to CT-Q (Commercial Tourism) which will be heard at a forth- coming Planning Commission meeting. If this General Plan Amendment and. the subsequent zone change arl approved, the applicant will be required to apply for a Site Development Plan for the entire development and two (2) Conditional Use Permits; 1) a restaurant serving alcoholic beverages; and 2) an automobile service station. II. ANALYSIS Planning Issues 1) Is the sire suitable in size and shape to accommodate uses which are compatible with the Commercial Travel Service designation? 2) Is the site located so that it is accessible to interregional traffic? 3) Are the uses and zoning proposed for the site compatible with surrounding land uses and zoning? Discussion The site is 15.31 acres in size and relatively flat. As shown on the location map, there are two buildable areas on the lot. The smaller of the two to the north abuts the southern boundary of Car Country, and the other located to the south is adjacent to Palomar Airport Road. The applicant has submitted a preliminary site plan indicating the use of the northern portion of the site as a dinner oriented restaurant and the southern portion as a 108 unit mote-l, a restaurant (Pea Soup Andersons) and a service station* A preliminary site plan will be on display at the Planning Commission meeting for the Commission's information. Staff has found that the site is suitable in size and shape to accommodate the proposed uses. With respect to the properties location, the site is situated adjacent to a major arterial (Palomar Airport Road) and an interstate freeway (1-5). Since most interregional traffic runs north and south on Interstate 5, and since there is an off ramp at the junction of 1-5 and Palomar Airport Road, the site is highly accessible* to interregional traffic. Also, Palomar Airport Road has the capacity to serve as access for interregional traffic from the east. Staff can find sufficient facts to make the finding that the site is adequately accessible to interregional traffic. In terms of adjacent land uses, the Dixon Ford C^r Dealership abuts the site to the north, a vacant parcel and flower field are to the east, 1-5 and a mixture of industrial and commercial uses are to the west, and a restaurant and service station to the south. Most uses in the vicinity of 1-5 and Palomar Airport Road are travel service oriented, thus the proposed use of the applicant's site as a motel and restaurant is compatible with surrounding land uses. Surrounding zoning includes C-2 to the north, R-A-10,000 to the east, C-2 to the south, and ?-••' arid C-2 to the west. A C-T zone district would allow uses which are compatible with uses allowed in the surrounding -ones. Staff has found that the zoning and land uses allowed under the TS designation are compatible with adjacent land uses and zoning. Given the information submitted by the applicant, sufficient facts have been presented to justify a change of the existing NRR designation to the TS designation. -2- III. RECOMMENDATION It is recommended that the Planning Commission adopt Resolution No. 1655 recommending APPROVAL of GPA-50(B) to the City Council based on the findings contained therein. Attachments Background Data Sheet Disclosure Form Location Map PC Resolution No. 1653 BH: ar 6/11/80 -3- BACKGROUND DATA SHEET c •CASE NO: GPA-50(B) APPLICANT: ECKE (ANDERSON'S PEA SOUP) REQUEST .AND LOCATION: General Plan Amendment to change land use designation from NRR (Non- Residential Reserve J to Tt> (.Travel Service Commercial) located on the w/ side of Paseo Del Norte, north of Palomar Airport Road. LEGAL ESSCRIPTION:portion of Lots G § H of Rancho Agua Hedionda, Map No. 823, County of San Diego, filed November 16, 1896. Assessors Parcel Nurrber: 15.31 211 021 _ 13 5 14 Acres No. of Lets GENERAL PLAN AND ZONING General Plan Land Use Designation NRR (to TS) Density Allcwed Existinc. Zone L~C N/A Surrounding Soning ard .L Zonina Use: North South East C-2 C-2 R-A-10 West p-M> C-2, R-A-10 School Distr r~ N/A City of Carlsbad City of Carlsbad Density Proposed N/A Proposed Zone _ Land Use Car Country Commercial Agriculture Industrial, Commercial 180 allocated per CC EDU's Resolution No. 6102. IMPACT ASSESSI4Et.T Negative Declaration, issued E.I.R. Certified, dated ___ 5/29/80 log No.707 Other, NOTICE OF PUBLIC HEARING GPA-50 (B) NOTICE IS HEREBY GIVEN that the Carlsbad City Council will hold a public hearing on Tuesday, August 5, 1980 at 6:00 P.M. in the City Council Chambers, 1200 Elm Avenue, Carlsbad, California to consider approval of a General Plan Amendment to change the existing Non-Residential Reserve zoning designation to a Travel Service Commercial zoning designation on propery generally located between Paseo del Norte and Interstate 5, north of Palomar Airport Road and more particularly described as "That portion of Lots G and H of Rancho Agua Hedionda, Map No. 823, County of San Diego, filed November 16, 1896." APPLICANT:ECKE (John C. White) PUBLISH : July 26, 1980 CARLSBAD CITY COUNCIL PLAJ4 Hr^FS TO To o 00 JO> e -n <O m §? Of 3 O OJ O CO C H- O (?irt Hj fa H, SCO H- P) - O iq (D Qi O 0) P» W H-MO fl> H- X J3H» {*o .&. H 00 (T) 3 c» o 10 NJ O M gs1* $505£r > -n <O mTO zz cm (^ &}*-t to*cs«& I o 01 nJ O - CD 3 ; n 0,0n> rt u> r to 25 lo O ! o H ' 00 ft (D r>>TO Tl <O rn z c .cs* i J H-0 - O voto •> toco O*• s 5 (%73 «—••r *•* J/J -4 CWOJ M ^* o m > ~ €3* Wd O3 O PownH-n- ft3 P» H-O W (1- Hi JB hh O 01 H-O* o 3(D'O O P>5^ tXl 30*<X VOto ** O 00 N) 00 MEMORANDUM DATE: August 12, 1980 TO: City Council and Planning Commission FROM: Planning Department SUBJECT: ZONING CODE/GENERAL PLAN CONSISTENCY In response to concerns regarding zoning/general plan consis- tency, staff has researched and provides the following information as an update on the current circumstances regarding this issue. Also, attached is a copy of a memo- randum written by the City Attorney's Office dated June 16, 1980, addressing this problem. Background Concern regarding the issue of consistency dates back to the adoption of the current General Plan Land Use Element which occurred in October, 1974. State law clearly requires zoning code/general plan consistency, and the Land Use Element (p. 32) reflects this intention. "Therefore, the city must make its zoning ordinance and general plan compatible, and insure that future develop- ment proposals are consistent with the adopted city general plan." This issue addresses two separate but interrelated areas of concern: 1) The short-term need to take immediate action regarding the problem of inconsistency between the multiple- residential zone code designations and the General Plan residential density ranges, as outlined in the City Attorney's memo, and 2) The long-range need to begin discussing a comprehensive revision of the zone code to provide consistency, and to consider the variety of related planning activities currently in process which will individually and cumula- tively impact the broader issue of General Plan consistency (i.e. Local Coastal Plan, General Plan Element revisions, growth management, Master EIR). This memorandum focuses discussion on the more immediate issue of multiple-residential zone codes. Multiple-Residential Zones Discussion The immediate need to take action on revision of the multiple- residential zones, and the potential legal implications of inaction in this area, are clearly defined in the City Attorney's memo. In order to accomplish this objective, and avoid legal action against the city, staff is recommending that an interim consistency program be implemented to revise the multiple-residential zones and meet the requirements of the Land Use Element. Another aspect of this issue which requires clarification are the criteria necessary to review a given project proposal, and justify a density higher than the General Plan minimum range. The General Plan requires a project-by-project review of residential development proposals, and the appli- cation of certain amenities as justification for a density higher than the lower end of the General Plan range. These criteria, however, have never been clearly defined, and there appears to be a need for policy guidance in this area to provide for an equitable and consistent application of this requirement. Summary In order to address this issue, staff suggests the following approach: 1) Direct staff to investigate establishing an interim consistency effort, establishing a program to accomplish this, setting objectives and a time frame for action, research the staff time/costs necessary to implement the program and report to the Planning Commission for further direction. 2) Initiate discussion directed towards articulating an official city policy regarding the application of specific amenity requirements necessary to justify a project density higher than the General Plan minimum, direct staff to research this issue and report to the Planning Commission for further consideration. PT: jd MEMORANDUM . DATE: June 16, 1980 TO: City Manager FROM: City Attorney SUBJECT: ZONING GENERAL PLAN CONSISTENCY Government Code Section 65860 provides in part, "County or City zoning ordinances shall be consistent with the general plan...". This section provides further that a zoning ordinance is consistent with the general plan if: "The various land uses authorized by the ordinance are compatible with the objectives, policies, general land uses and programs specified in such plan." Subsection (c) of Section 65860 provides: "In the event a zoning ordinance becomes inconsistent with the general plan by reason of amendment to such plan, or to any element of such plan, such zoning ordinance shall be amended •within a reasonable time so that it is consistent with the general plan as amended." If a city fails to act as required to make their zoning and general plans consistent, any resident or property owner of-the city may bring an action in Superior Court to force the City to comply with the consistency requirement. If successful the individual bringing such a suit would be entitled to recover against the city for all of his attorney's fees. This memorandum is to share my concerns about the City's apparent failure to comply with the consistency requirements under Government Code Section 65860. The problem resulted from the last comprehensive revisions to the land use element undertaken under the guidance of Lampman and Associates by a citizens committee, the Planning Commission and the City Council. As a result of that effort the concept of density ranges was introduced into the City's general plan. The residential section of the land use element provides in part as follows: "Five ranges of density have been incorporated into the general plan. Each of these categories is implemented by one or more zone classification, which contain the specific site development standards." City Manager -2- June 16, 1980 The explanatory note on residential density on the following page of the land use element indicates that the plan uses the ranges rather than specified particular types of residential development by number of units in order to allow flexibility in using zoning, implement the land use element and promote cluster development where desirable. The note contemplates that part of a project may be developed in high density while the remainder is developed in a low density. The explanatory note on density ranges specifies how they are to be implemented: "The density ranges established for the medium, medium- high density residential categories are NOT meant as "minimums" and "maximums". The lower figure for each of these categories represents a "guaranteed" density and the higher figure represents a potential maximum that could be located in each area if certain criteria are met. The criteria shall be reviewed on a project- by-project basis and shall include such things as slope of land, soil stability, compatibility with surrounding land uses, flood plain protection, adequacy of public facilities, on-site amenities and preservation of .unique and desirable natural resources. In other words, the density allocation for any project starts at the low 'end and,, if a higher density is desired, the proposed- development must prove itself worthy of the higher designation." The land use element clearly requires that any multiple family residential project proposed for a density in excess 'of the general plan minimum must be reviewed on a project-by-project basis. As a part of such review, criteria such as slopes, soil conditions, compatibility with surrounding land uses, adequacy of public facilities, onsite amenities, etc. must be applied to the project in some unspeci- fied manner justifying any densities in excess of the minimum. Notwithstanding the statement in the general plan that the density ranges would be implemented by zone classifications containing specific site development standards, no such zones exist or were adopted. Our multiple zones do not contain any provisions for the project-by-project review required by the general plan. There are no provisions for the application of any of the general plan density range criteria and there are no standards by which those criteria can be applied to a particular project in order to determine the permitted density. Compounding the problem is the fact that the R-3 zone, which generally corresponds to a land use designation with a density range of 10 to 20 units, allows a maximum density of 53 units per acre. On its face, a zone which allows in excess of 50 units per acre is clearly inconsistent with a general plan designation with a maximum of 20 units per acre. Even if we recognize, as we must, that the City Manager ' -3- June 16, 1980 maximum R-3 density is only theoretical since the applications of setback and parking standards reduce the maximum,, we are still faced with a situation where the owner of an existing R-3 lot has a. right to aPPly f°r ar»d receive a building permit for a project with a density substantially in excess of that allowed by the general plan. The inconsistency is compounded by a total lack of any mechanism to implement the density ranges contemplated by the general plan. When the general plan was amended, the Planning Department was advised on several occasions of the need to undertake a program of rezoning to make the zoning map consistent with the newly adopted general plan. A number of these hearings were held and some properties rezoned (for example: the Ponto area was rezoned multiple residential in conformance with the new general plan). However, no steps were taken to amend the City.'s multiple zones in order to implement the density ranges nor to amend the zones to make the maximum allowable densities consistent with the reduced general plan maximums. The multiple zones inconsistency falls under Subsection (c) of Section 65860 which does not contain a specific time limit for achiev- ing consistency. The section does require, however, that the City act within a reasonable time. Planning indicated they were working on the .matter and intended to take the necessary actions within a reasonable period consistent with their other priorities. I think it is extremely unlikely I would be successful in persuading a judge, even considering the sewer moratorium,that the approximately six year period since the general plan was amended was a reasonable time. I have delayed calling this matter to the City Council's attention because there has been substantially little or no apartment construction in the City in the last two years due primarily to the sewer moratorium. -For the reasons discussed below, and in view of the fact of the rerating of Encina and the contemplated lifting of the moratorium will substan- tially increase developmental activity, I am compelled to call the matter to your attention. It is a matter of state law and city ordinance that tentative subdivision maps, planned unit developments and condominium permits must be found to be consistent with the general plan before they can be approved. The Planning Department in processing such approvals have attempted to implement the density ranges. However, there is no clearly articulated set of standards which they apply in determining where a particular project should be placed on the density range. The Council may recall that in recent months substantially all of the multiple projects coming before your'body have been paroposed at or very close to the maximum density range. "Jawboning" is an inappropriate and, apparently, ineffective substitute for the implementing ordinances required by the general plan. Staff discretion cannot be exercised in a vacuum and the total lack of the required standards renders the process essentially meaningless and subject to legal challenge. Manager June 16, 1980 Density is controlled by zoning, particularly where the property has been previously subdivided and no additional discretionary approval is necessary. The Planning Department in these cases has also been attempting to implement the density ranges by "jawboning" developers. However, in that case, such efforts are totally without any legal basis. •This creates a situation where some developers build at lesser densities while others who don't take Planning's "advice" are free to build in excess of the general plan limits. The basic unfairness of that approach seems apparent. Our current situation, aside from the fact that it doesn't meet legal requirements, creates some problems. One recently brought to my office involved a piece of property which could be developed in excess of 30 units as apartments, but at less than 20 for condominiums since the density ranges were applied to condominiums but not to the apartments.- We are aware of no facts which justify such disparagement treatment of a single piece of property. Another .problem involved a condominium subdivision approved for 16 units in accordcince with the zoning. A condominium permit is now required which, under the general plan, can only be approved at a lesser density. The problems are exactly what the Section 65860 consistency requirement was designed to correct. ' ' There are two basic ways to solve a' consistency problem. The general plan can be amended to conform to the zoning or the zoning can be amended to conform to the general pl^n. The general plan amendment solution would involve an elimination of the density ranges for multiple family projects and the attendant requirements for project-by-project review. The density ranges would be replaced by a more traditional designation of particular densities by number of units. Regulatory needs could be met by the addition of better development standards to the multiple zones. The other solution requires some extensive amendments to the Municipal Code. In particular, the multiple zones ^such as R-3 must be amended to reduce the maximum permitted densities to the maximums allowed in the corresponding general plan land use designations. In addition, the multiple' zones will have to be amended or a new chapter added to the code to provide for project-by-project review. The ordinance making those.changes should provide for in- dividual discretionary review of each project and some mechanism, including specific standards, for determining whether or .not a project qualified for densities in excess of the general plan minimum densities. The decision as to how to resolve the inconsistency is, of course, a' policy question. This memorandum is to point out the necessity that it be resolved in some manner. As it now stands, the City's planning processes as they apply to multiple family projects simply do riot have the proper legal foundation and- are violative of state law; ' • f VFB/mla cc: City Manager Plann.inci Director VINCENT F. BIONDO, JR, City Attorney