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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. DEPT niTY S 1 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 Os oz I 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 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 3 4 5 6 sities proposed. 7 8 9 10 11 12 20 23 24 25 26 27 28 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. /// /// PC RESO 1881 -2- 3 8 10 11 time of occupancy. 12 3) This project is approved upon the express condition that the 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 w 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 . PC RESO 1881 -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 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 III III III III III III III III III III III III PC RESO 1881 day of Octo Secretary COMMISSION - MARY MARCUS, Chairman CARLSBAD PLANNING COMMISSION -4- 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 4 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. -2- . ' 7 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 t 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 -3- c^ C-2Q RDM - 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. i 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