Loading...
HomeMy WebLinkAbout1981-08-04; City Council; 6696; Zone Change Ponderosa HomesC 3 (* 0 AGENDA BILL INITIAL; BH:ar AGENDA BILL NO: > 7y DEPT. HD. g|4 DATE: AUGUST 4, 1981 CTY. ATTY. DEPARTMENT: PLANNING; .......... CTY. MGR.p SUBJECT: ZONE CHANGE FROM P-C! TO O-S; NORTH OF* CAYENNE^ LANE AND LA GOLCNDRINA STREET IN LA COSTA. CASE NO: ZC-238 APPLICANT: PONDEROSA HOMES STATEMENT Of THE MATTER: This item is a request for a zone change from P-C (Planned Community) to O-S (Open Space), located as described above. The zone change is requested to comply with a condition of approval for a specific plan and a tentative tract map previously approved on the subject property. The area to be rezoned was previously dedicated as an open space easement to the city and would be maintained by the homeowners association of the Carrillo Estate subdivision. At the public hearing, a number of residents of the Carrillo Estate subdivision spoke in opposition to the zone change. The primary concern expressed by the residents was that the developer has not yet deeded the subject property to the homeowners association and, therefore, no maintenance has taken place. The residents felt the approval of the zone change may preclude the transfer of the property from the developer to the homeowners association. The Planning Commission felt that ownership and transfer of the property was not an issue with the zone change. The Commission, therefore, is recommending approval of the ZC-238 to the City Council. ENVIRONMENTAL REVIEW The Planning Director has determined that this project underwent prior environmental review as part of a larger project and, therefore, has issued a Notice of Prior Compliance on June 10, 1981. A copy of the environmental documents is on file in the Planning Department. PUBLIC FACILITIES Since the project is part of a previously approved subdivision, the payment of a public facilities fee is not required. 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 ZC-238, per Planning Commission Resolution No. 1830. ATTACHMENTS 1. PC Resolution No. 1830 2. Staff Report dated, July 8, 1981 - with attachments APPROVED. 1 2 3 4 5 6 7 8 23 24 25 26 27 wit; PLANNING COMMISSION RESOLUTION NO. 1830 A RESOLUTION OP THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONE CHANGE FROM P-C (PLANNED COMMUNITY) TO 0-S (OPEN SPACE) ON PROPERTY GENERALLY LOCATED NORTH OF CAYENNE LANE AND LA GOLONDRINA STREET. APPLICANT:PONDEROSA HOMES CASE NO; ZC-238 WHEREAS, a verified application for certain property, to A portion of the southeast quarter of Section 24, township 12 south, Range 3 west in the County of San Diego 9 has been filed with the city of Carlsbad, and referred to the 10 Planning Commission; and WHEREAS, the Planning'Commission did on the 8th day of July, 12 1981, hold a duly noticed public hearing as prescribed by law to 13 consider said request; and 14 WHEREAS, at said public hearing, upon hearing and considering 15 all testimony and arguments, if any, of all persons desiring to be 16 heard, said Commission considered all factors relating to the Zone 17 Change; and 18 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commis- 19 sion as follows: 20 21 22 A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission recommends APPROVAL of ZC-238 as shown on Exhibit "A", dated July 8, 1981 and on file in the Planning Department, based on the following findings: Findings; 1) That the Zone Change to 0-S is consistent with the designa- tion of 0-S, (Open Space), for this property established by the Land Use Element of the General Plan. 2) That the Zone Change to 0-S would be compatible with other uses in the surrounding area. . 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 3) That the subject lots are suitable in size and shape to be preserved in open space. 4) That the Zone Change will not impact city public facilities, 5) That the project will not cause any significant environmental impacts and underwent previous environmental review and a Notice of Prior Compliance has been issued by the Planning Director on June 10, 1981, and approved by the Planning Commission on July 8, 1981. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the city of Carlsbad, California, held on the 8th day of July, 1981, by the following vote, to wit: AYES: Vice Chairman Friestedt, Commissioners Rombotis, Farrow, Schlehuber, Jose and L'Heureux. NOES: None. ABSENT: Chairman Marcus. ABSTAIN: None. VTHAN FRIES CARLSBAD PLANN ce-ChairmanT ISSION ATTEST: RLSBAD PLANNIN0 COMMISSION PC RESO #1830 -2- STAFF REPORT .DATE: July 8, 1981 TO: Planning Commission FROM: Planning Department SUBJECT: ZC-238, PONDEROSA HOMES - Request for a Zone Change from P-C to 0-S north of Cayenne Lane and La Golondrina Street in La Costa. I. PROJECT DESCRIPTION AND BACKGROUND The applicant is requesting a rezoning from P-C (Planned Community) to 0-S (Open Space), generally located, as described above, and more specifically identified on attached Exhibit "A". The subject property consists of two slope and canyon areas, a 4.7 acre lot and a 26 acre lot. The smaller canyon occurs to the rear and east of the existing homes in unit 1. The larger easement is a steep slope which lies to the north of the eastern portion of Unit 1 and the remainder of Unit 2. The proposed zone change is requested to comply with a condition of Specific Plan, SP-132, and Carlsbad Tract, CT 73- 29, Carrillo Estates. This subdivision and specific plan approved a 253 unit residential development in two phases. The first of those units, 142 single family homes, have been built. As a condition of approval of the Specific Plan, the appliant was required to dedicate an open space easement to the city and rezone the property to 0-S, Open Space, prior to approval of the final map for Unit 2. The required easement was conveyed to the City in September 1978. The applicant now wishes to proceed with recordation of Unit 2. II. ANALYSIS Planning Issue . • 1) Does the proposed rezoning satisfy the criteria for a zone change? Discussion The proposed rezoning satisfies all basic criteria for a zone change. The proposed rezoning is consistent with the General Plan designation of O-S, open space, for this property. The property contains severe topography and would not be suitable for development. The project site, however, would be appropriate to reserve as open space. This zoning classification would be compatible with surrounding residential land uses and not adversely impact the street system. Staff feels the proposed zone change would be appropriate and recommends its approval in conformance with the adopted specific plan. III. ENVIRONMENTAL REVIEW The Planning Director has determined that this project underwent prior environmental review as a portion of a larger project and, therefore, has issued a Notice of Prior Compliance on June 10, 1981. A copy of the previous environmental documents is on file in the Planning Department. IV. RECOMMENDATION It is recommended that the planning Commission adopt Resolution No. 1830, recommending approval of ZC-238, based- on the findings and subject to the conditions contained therein. ATTACHMENTS 1) PC Resolution No. 1830 2) • Location Map & Exhibit "A" dated, July 8, 1981 3) Background Data Sheet 4) Disclosure Form 5) Notice of Prior Environmental Compliance CDN:ar 6/30/81 -2- o- LEGEMD'- f~] AREA PMK&fD TO CHANGE FROM PC. ZONING TO O.S.ZOMN6. £XI6T/N6 ZDNING. 'CARRILLC E5TATE6 VICINITY MAP NO SCALE CARLSBAD TRACT NO. 73-29 CARRILLO ESTATES (P#OP05£D ZOME CHAKG5) RICK ENGINEERING COMPANY PLANNERS-CIVIL ENGINEERS-LAND SURVEYOR 5620 FRIARS ROAD SAN DIEGO, CA. 92110 SAN DIEGO-(714) 291-O7O7 3088 PIO PICO DRIVE,SUITE 202,CARLSBAD, CA.02008 CARLSBAD-(714) 729-4987 305 So. RANCHO SANTA FE ROAD,SAN MARCOS CA.92069 (j? PROJ W BACKGROUND DATA SHEET CASE NO: ZC-238 APPLICANT: PONDEROSA HOMES REQUEST AND LOCATION: Zone Change from P-C (Planned Coinmunity) to O-S (Open Space) One lot 120 feet from Golondrina Street and one lot 110 feet northwest of Cayenne Street. LEGAL DESCRIPTION: A portion of the southwest quarter of Section 24, township 12 south, range 3 west in the County of San Diego. Portions ofAssessors Parcel Number: 215 - 031 - 02 . - 215-030-11 Acres 30.911 No. of Lets 2 • GENERAL PLAN AND ZONING General ?lan Land Use Desiccation , O-S Density Allowed • Density Proposed Existing Zone p-c Proposed Zone Q-S Surrounding Zoning and Land Use: Zoning • Land Use North P-C Vacant South P-C Vacant/SFRS East P-C ' Vacant/SFRS West P-C • Vacant/SFRS PUBLIC FACILITIES School District N/ A Water District Costa Real Sewer District Palomar Basin EDU's N/A Public Facilities ?ee Agreerent, dated N/A (Other: ENVIROM^ENTAL IMPACT ASSESSMENT Negative Declaration, issued Log No.' E.I.R. Certified, dated Other Prior Compliance - June 10, 1981 I-f after the informatioao^ou have submitted has been that further information's required, you will be so t it is determined >d. Ponderosa Hones, a California general partnership, Formerly known APPLICANT: as ^ realty Partners Name (individual, partnership, joint venture, corporation, syndication) 11300 Sorrento Valley Rd., Suite 100, San Diego, CA 92121 Business Address 560-8555 AGENT: Telephone Number Ronald Shackelford Name Business Address Telephone Number MEMBERS: Name "(individual, partner, joint venture, corporation, syndication) Home Address Business Address Telephone Number Telephone Number Name Home Address Business Address Telephone Number Telephone Number (Attach more sheets if necessary) I/We declare ur.der penalty of perjury that the information contained in this dis closure is true and correct and -that it will remain true and correct and may be relied upon as being true and correct until amended. Ronald D. Shackelford 1200 ELM AVENUE CARLSBAD. CALIFORNIA 92008 TELEPHONE (714) 433-5821 Citp o! Carfe&fr PUBLIC NOTICE OF PRIOR ENVIRONMENTAL COMPLIANCE Please Take Notice: The Planning Department has determined that the environmental effects of the project described below have already been considered in conjunction with previously certified environmental documents and, therefore, no additional environmental review will be required and a notice of determination will be filed. Project Title: ZC-238 Ponderosa Homes Project Location: North of Cayenne Lane and La Golondrina Street. Project Description: Proposed rezoning of approximately 30.9 acres from P-C to 0-S, as specified in Specific Plan SP-132. Justification for this determination is on file in the Planning Department, City Hall, 1200 Elm Avenue, Carlsbad, CA. Comments from the public are invited. Please submit comments in writing to the Planning Department within ten (10) days of date of publication. Dated: June 5, 1981 Case No: ZC-238 Applicant: Ponderosa Homes Publish Date: June 10, 1981 JAMES C. HAGAMAtf Planning Director PC i o