HomeMy WebLinkAbout1981-11-17; City Council; 6815; Zone Change near Alga and El Camino RealCIlCoF CARLSBAD - AGEND^ILL
MTQ H/17/81
PEPT- PL
TITI c. ZC-235, NEWPORT SHORES - ZONE CHANGE
" FROM C-1 TO RD-M; SOUTHWEST CORNER OF
ALGA ROAD AND EL CAMINO REAL.
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RECOMMENDED ACTION:
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-235, per Planning
Commission Resolution No: 1881.
ITEM EXPLANATION
This item is a request for a zone change from C-1 to RD-M on two
parcels (4.76 acres and 5.92 acres) located as described above.
The zone change is consistent with the recently amended general
plan for this site which includes two designations: Residential
Medium Density, 4-10 du/ac on the western parcel, and
Residential Medium High Density, 10-20 du/ac on the eastern
parcel.
The Planning Commission found that all the mandatory findings
for a zone change can be made.
Through staff review and Planning Commission hearing, all issues
on this matter have been satisfactorily resolved.
ENVIRONMENTAL REVIEW
The Planning Director has determined that the environmental
effects of this project have been considered in conjunction with
previously certified environmental documents and, therefore, has
issued a Notice of Prior Environmental Compliance on September
17, 1981, which was approved by the Planning Commission on
October 28, 1981. The environmental documents are on file in
the Planning Department.
FISCAL IMPACT
The applicant will provide all required public improvements to
the project. Also, the applicant has agreed to pay a public
facilities fee to offset the costs of providing all other public
services.
EXHIBITS
A. PC Resolution No. 1881
B. Staff Report, dated October 28, 1981, w/attachments
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PLANNING COMMISSION RESOLUTION NO. 1881
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A
ZONE CHANGE FROM C-l TO RD-M ON PROPERTY GENERALLY
LOCATED ON THE SOUTHWEST CORNER OF ALGA ROAD AND EL
CAMINO REAL.
APPLICANT: NEWPORT SHORES
CASE NO:ZC-235
WHEREAS, a verified application for certain property,
to wit:
Lots 1 and 44 of Carlsbad Tract 7
2, according to Maps 8350 and 835]
has been filed with the city of Carlsbad, Sf.nd referred to the
Planning Commission; and
WHEREAS, said application constitutes a request as
provided by Title 21 of the' Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did on the 28th day of
October, 1981, hold a duly noticed public hearing as prescribed
by law to consider said request; and
WHEREAS, at said public hearing, dpon hearing and
considering all testimony and arguments, if
-34, Unit No. 1 and
filed July 28, 1976
any, of all persons
desiring to be heard, said Commission considered all factors
relating to the Zone Change; and
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public Tiearing,
the Commission recommends APPROVAL of ZC-235, based on the
following findings and subject to the following conditions:
EXHIBIT A
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Findings;
1) The project is consistent with the city's general plan since
the proposed zone, RD-M, is consistent with the RM and RMH,
(Residential Medium and Medium-High Density), designation
established for this property by the Land Use Element of the
General Plan.
2) The subject lots are physically suitable for the type and
density of the development since the site is adequate in size
and shape to accommodate residential development at the den-
3) The project is consistent with all city public facility pol-
icies and ordinances since:
a) The Planning Commission has, by inclusion of an appropri-
ate condition to this project, insured that development
of the property will not be approved unless the City
Council finds that sewer service is. available to serve
the project. In addition, the Planning Commission has
added a condition that building permits will not be
issued for development of the property unless the City
Engineer determines that sewer service is available, and
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.
b) An existing school agreement between the developer and
Carlsbad Unified School District will ensure adequacy of
school facilities per letter dated August 7, 1981.
c) All necessary public improvements have been provide'd or
will be required as part of any future development of the
property.
d) The applicant has agreed and is required by the inclusion
of an appropriate condition to pay a public facilities
fee. Performance of that contract, and payment of the fee
will enable this body to find that public facilities will
be available concurrent with need as required by the
General Plan.
e) Assurances have been given that adequate sewer for the
project will be provided by the city of Carlsbad.
4) The proposed project is compatible with the surrounding
existing and future land uses since surrounding properties
are designated for residential development on the General
Plan or physically separated from the project site.
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PC RESO 1881 -2- 3
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3) This project is approved upon the express condition that the
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5) The environmental effects of.this project have been consi-
dered in conjunction with previously certified environmental
documents and it has been determined that this project will
not cause any significant environmental impacts and a Notice
of Prior Environmental Compliance has been issued by the
Planning Director on September 17, 1981, and approved by the
Planning Commission on October 28, 1981.
Conditions
General Conditions:
1) Approval is granted for ZC-235, as shown on Exhibit "A",
dated October 28, 1981, incorporated by reference and on file
in the Planning Department.
2) This project is approved upon the express condition that
building permits will not be issued for development of the
subject property unless the City Engineer determines that
sewer facilities are available at the time of application for
such sewer permits and will continue to be available until
applicant shall pay a public facilities fee as required by
City Council Policy No. 17, dated August 29, 1979, on file
with the City Clerk and incorporated herein by reference, and
according to the agreement executed by the applicant for pay-
ment of said fee a copy of that agreement dated February 27,
1981, is on file with the City Clerk and incorporated herein
by reference. If said fee is not paid as promised, this ap-
plication will not be consistent with the General Plan and
approval for this project shall be void.
4) Approval of this request shall not excuse compliance with all
sections of the Zoning Ordinance and all other applicable
city ordinances in effect at time of building permit issu-
ance .
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PASSED, APPROVED AND ADO
the Planning Commission of t
held on the 28th
to wit:
' AYES:
NOES:
ABSENT :
ABSTAIN:
ATTEST :
JAMES C. HAGAMAN,
CARLSBAD PLANNING
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PC RESO 1881
day of Octo
Secretary
COMMISSION
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MARY MARCUS, Chairman
CARLSBAD PLANNING COMMISSION
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STAFF REPORT
DATE: October 28, 1981
TO: Planning Commission
FROM: Planning Department
SUBJECT: ZC-235, NEWPORT SHORES - Request for approval of a Zone
Change from C-l to RD-M on property generally located
on the southwest corner of Alga Road and El Camino
Real.
I. PROJECT DESCRIPTION AND BACKGROUND
The applicant is requesting approval of a Zone Change from C-l
(Neighborhood Commercial) to RD-M (Residential Density Multiple)
on 10.68 acres, located as described above. The subject property
is comprised of two parcels divided by Manzanita Street, a 4.76
acre lot on the west and 5.92 acres to the east.
A General Plan Amendment was approved, for this property, by the
City Council on June 16, 1981. The Land Use Element was amended
from N (Neighborhood Commercial) to designate the western parcel
RM (Residential Medium Density, 4-10 du/ac) and the eastern par-
cel RMH (Residential Medium High Density, 10-20 du/ac).
II. ANALYSIS
Planning Issues
1) Is the requested zone consistent with the Land Use Ele-
ment of the General Plan?
2) Is the property suitable in size and shape to accommo-
date development permitted in the proposed RD-M zone?
5) Would the requested zoning adversely impact surrounding
properties?
4) Is the street system serving the project adequate to
handle any increase in traffic generated by uses allowed
in the RD-M zone?
Discussion
The applicant is requesting RD-M zoning on the two subject par-
cels. The requested zone would be consistent and implement both
the RM (Residential Medium Density) and RMH (Residential Medium
High Density) designations of the Land Use Element of the General
Plan. The RD-M zone would permit residential development at den-
sities consistent with the underlying general plan classifica-
tions.
EXHIBIT B
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The subject properties are both previously graded; the eastern
parcel into two pads and the western parcel into three pads. The
5.92 acre eastern lot, fronting on both El Camino Real and Alga
Road, is regularly shaped. As shown on attached Exhibit "A", the
4.76 acre western parcel is triangular in shape. Both properties
would be adequate in size and shape to accommodate development as
permitted in the RD-M zone.
The subject property adjoins the "Seaport" development, a single-
family subdivision (0-4 du/ac), to the south and west. The pro-
ject site is' separated from Seaport by an SDG&E power line ease-
ment. The property to the north, across Alga Road, is vacant and
designated for Community Commercial development. The property to
the east, across El Camino Real, is zoned RD-M and developed at a
density of approximately 10 du/ac.
Staff believes that the proposed zoning would be compatible with
surrounding and anticipated development. The requested RD-M zone
would implement the general plan density. The eastern parcel,
designated RMH (10-20 du/ac) would act as a buffer from El Camino
Real and the commercial to the north of the Seaport development.
The SDG&E easement would offer a separation between this single-
family development and any new residential development on the
project site.
The western parcel, designated RM (4-10 du/ac) would abut the
existing Seaport subdivision to the south and west. This 4.76
acre property would serve as a transition between the eastern RMH
property and the existing single-family development. The stan-
dards of the RDM zone would make development of this parcel
easier given the irregular shape of the property and the exis-
tence of the SDG&E easement.
The eastern 5.92 acre parcel is bounded by El Camino Real, a
prime arterial, to the north and Alga Road, a major arterial, to
the east. The eastern and western parcels are divided by Man-
zanita Street. The western parcel is additionally bounded by
Mimosa Drive to the west and Alga Road to the north. Although
specific accesses would be evaluated as part of the eventual
development plan, staff feels that the overall street system
should be adequate to accommodate any increase in traffic gener-
ated by the zone change.
Staff believes that the proposed zone would be appropriate, con-
sistent with the General Plan and would not adversely impact the
surrounding properties or the street system.
III.ENVIRONMENTAL REVIEW
The Planning Director has determined that the environmental ef-
fects of this project have been considered in conjunction with
previously certified environmental documents and, therefore, has
issued a Notice of Prior Environmental Compliance on September
17, 1981.
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IV. RECOMMENDATION
It is recommended that the Planning Commission APPROVE the
Notice of Prior Environmental Compliance and ADOPT Resolution
No. 1881, recommending APPROVAL of ZC-235 to the City Council,
based on the findings and subject to the conditions contained
therein.
ATTACHMENTS
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1) PC Resolution No. 1881
2) Location Map
3) Exhibit "A", dated October 28, 1981
4) Background Data Sheet
5) Disclosure Form
6) Environmental Documents
CDN:ar
10/14/81
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EXHIBIT -"A' 10/28/81
CASE MO- ZC 235
Newport Shores VICINITY MAP 1
BACKGROUND DATA SHEET
CASE NO: ZC-235
APPLICANT: 'NEWPORT SHORES
AND LOCATION: zone Change from C-l (Neighborhood Commercial zone) to RD-M
(Residential Density-Multiple Zone), southwest corner of El Camino Real & Alga Road.
LEGAL DESQUFTION: Lots 1 & 44 of Carlsbad Tract 72-34 Unit No. 1 & 2, according
to Maps 8350 and 8351, filed July 28, 1976.
Assessors Parcel Number:215 _ 504. _ 11 & 215-503-35
Acres 10.68 No. of Lots 2
GENERAL PLAN AND ZONING
General Plan Land Use Designation RMH/RM
4-10 du/ac ,
Density Allowed 10-20 du/ac. Density Proposed N/A
Existing Zone C~^ . Proposed Zone ^^
Surrounding Zoning and Land Use:
Zoning Land Use
North C-2-Q Vacant
South R"1 SFRS I
East RD-M MJLTI 1
West R"1 . SFRS
PUBLIC
School District CARLSBAD
Water District
Sewer District ENCINA • EDU's
Public Facilities Fee Agreement, dated FEBRUARY 27, 1981
(Other: ._
ENVIRONiyiENTAL IMPACT ASSESSMEM1
_______ Negative Declaration, issued Log No.
' E.I.R. Certified, dated
Other, Prior Compliance dated September 17, 1981
DISCLOSURE FORM
If after the information you have submitted has been reviewed, it is determined
that further information is required, you will be so advised.
APPLICANT:
AGENT:
MEMBERS:
Donald B. Ayres.Jr.
Name (individual, partnership, joint venture, corporation, syndication)
. P.O. Drawer A. Huntington Beach,CA 92648 (main office)
Business Address
(714) 436 7322
Telephone Number
• Beverly E. Huizer (San Diego Office)
Name
1970 North El Canning Real. Encinit-as. TA
Business Address
(714) 436 7322
Telephone Number
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 under 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.
Agent, Owner, Partner
1200 ELM AVENUE
CARLSBAD, CALIFORNIA 92008
Citp of Cattebab
438-5591
729-1101
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.
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Project Title: Newport Shores
Project Location: Southwest corner of El Camino Real and Alga Road
Project Description: Zone Change from C-1, neighborhood commercial,
to RD-M, residential density multiple on 10.68 acres.
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: September 17, 1981
Case No: ZC-235
Applicant: Newport Shores
Publish Date: September 23, 1981
JAMES C. HAGAMAN
Planning Director
City of Carlsbad
PC 1