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Home My WebLink About1982-07-06; City Council; 7074-1; Preannexational Zone Change SeabluffCIT0)F CARLSBAD - AGEN0,0*1 LL " AB#_ MTQ V6/82 DEPT.. TITLE" PREANNEXATIONAL ZONE CHANGE FROM A-1(8) (COUNTY) TO RD-M AND 0-S CITY Q LU oa: CL.0. O _J O oo 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-244, per Planning Commission Resolution No. 1971. ITEM EXPLANATION This item is a request for approval of a preannexational zone change from A-1(8) (County) to RD-M and 0-S on 130 acres of property located north of Batiquitos Lagoon between Interstate 5 and the AT&SF Railroad right-of-way. The Planning Commission found that the requested zone change is consistent with the R-M (4-10 du's/acre), RLH (10-20 du's/ac) and the 0-S land use designations of the General Plan. Also, the Planning Commission found that uses allowed in the proposed zones were compatible with surrounding land uses and zoning. Through staff review and Planning Commission hearing all issues on this matter have been satisfactorily resolved. ENVIRONMENTAL REVIEW This project is being heard in conjunction with an Environmental Impact Report. If the City Council certifies the EIR at tonight's meeting, then this project will satisfy all requirements of the Environmental Protection Ordinance. EXHIBITS A) PC Resolution No. 1971 B) Staff Report, dated June 9, 1982 w/attachments 7 •1 2 3 4 5 6 ;? 8 9 10 11 12 13 14 .15 16 17 18 19 20 21 22 23 24 £5 26 27 28 c PLANNING CpMMISSION RESOLUTION NO. 1971 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONE CHANGE FROM A-1 ( 8) (COUNTY) TO RD-M AND 0-S (CITY) ON PROPERTY GENERALLY LOCATED ON THiE NORTH SIDE tOF BATIQUITOS LAGOON, WEST OF INTERSTATE 5 AND EAST OF THE AT&SF RAILROAD.. APPLICANT: TERRY HACKETT (SEABLUFF) CASE NO; ZC-244 . WHEREAS, a verified application for certain property, to wit: Lots 5, 13, 14 and 15 of Section 33 Township 12 South, Range 4 West, filed.May 3, 1883 has been filed with the city of Carlsbad, and referred to the Planning Commission; and WHEREAS, the Planning Commission d&d on the 9th, day of June, 1982, hold a duly noticed public hearing as prescribed by law '*i to consider said request; and • [ i: WHEREAS, at said public hearing, upon hearing and [ iconsidering all testimony and arguments, if- any, of all persons ( desiring to be heard, said Commission considered all factors j, irelating to the Zone Change; and | NOW, THEREFORE,'BE IT HEREBY RESQILVED by the Planning \ Commission as follows: . . jj 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-2'414, based on the following i findings and subject to the following conditions: [ Findings; 1) That the proposed OS and RD-M zones are consistent with the General Plan for the reasons stated in the staff report. 2) That the traffic generated by uses allowed in the RD-M zone willj not create adverse impacts on the surrounding system. • Also, i traffic impacts will be considered at the time a development is • proposed for the site. 4 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 24 -25 26 27 28 3) 4) That the site is adequate in size arid shape to accommodate uses J allowed in the RD-M and 0-S zones for the reasons stated in the i staff report. I That the subject site has a special treatment overlay applicable to it and, as such, requires either a specific plan or planned development permit prior to development. Conditions 1) Approval is granted for ZC-244,. as shown on Exhibit "A", dated May 28, 1982, incorporated by reference and on file in the Planning Department. Development shall occur substantially as shown unless otherwise noted in these conditions. 2) This project is approved upon the express condition that the applicant shall pay a public facilities fee as required by Citv Council Policy No. 17, dated April 2, 1982, on file with the r City Clerk and incorporated herein by reference, and according : to the agreement executed by the applicant for payment of said l fee a copy of that agreement dated June 1/ 1982, is en file I with the City Clerk and incorporated herein by reference. If ' said fee is not paid as promised, this application will not be \ consistent with the General Plan and approval for this project \ shall be void. | 3) Approval of ZC-244 is subject to the approval of the annexation f of this property to the city of Carlsbad. \ PASSED, APPROVED AND ADOPTED at a regular meeting of the ? | Planning Commission of the city of Carlsbad, California, held on the- I9th day of June, 1982, by the following vote, to wit: , \ ATTEST: AYES: Commissioners Marcus, Schlehuber, Jose arid Rawlins. NOES: None. ABSENT: chairman Farrow, Commissioners Friestedt and Rombotis, ABSTAIN: None. • I VERNON J. FARROW, JR.r Chairman CARLSBAD PLANNING COMMISSION JAMES C. HAGAMAN, Secretary CARLSBAD PLANNING COMMISSION PC.RESO NO. 1971 -2- WESTECSwvfcMtlnc. "0^:&sg«sj\ *.f»N».i V'"t*,.S^ FIGURE Existing Primary Circulation and Access To Project Site 3-2 30 A M5 PPLICATION SUBMITTAL ATE: JULY 14, 19.81 STAFF REPORT DATE: June 9, 1982 TO: Planning Commission FROM: Planning Department SUBJECT: ZC-244f SEABLUFF - Preannexational zone change from A-1- (8)(County) to RD-M and 0~S on property generally located north of Batiquitos Lagoon between Interstate 5 and the AT&SF Railroad right-of-way. I. PROJECT DESCRIPTION The applicant is requesting approval of a preannexational zone change from A--1-( 0)(County) to RD-M (city) and 0-S (city) on 130 acres of property located- as described above. The applicant's intent is to annex the property int.o the city of Carlsbad and to develop a residential planned development on 40 acres of the property. The remainder of the property would be reserved for an agricultural preservation area pursuant to the San Dieguito Local Coastal Program. The site is made up of two relatively flat areas partially bisec- ted by a gully which drains-south into Batiquitos Lagoon. The property also includes a portion of the lagoon along its southern boundary. Surrounding -land uses include the Lakeshore Gardens Mobile Home Park to the north, vacant, -residentially designated property to the west and east-, arid Batiquitos Lagoon to the south. ' • II. ANALYSIS Planning Issues 1. Are the proposed zones consistent with the General Plan? 2," Are uses allowed in the proposed zones compatible with existing and future land uses in this vicinity? 3. Will the traffic that would be generated by uses allowed in the RD-M zone adversely impact the existing street system. Discussion The general plan designates three land uses on the subject prop- erty; EM (4-10 du's/acre) on the northern one-third of the prop- erty, RMH (10-20 du's/acre) on the majority of the southern two-thirds ... c• • • o of the property and 0-S on that portion encompassed by Batiquitos Lagoon. The RD-M and 0-S zones and uses allowed within these zones are consistent with the General Plan. The actual zone boundary between the RD-M and 0-S zones would be the top of the bluff overlooking Batiquitos Lagoon. The RD-M zone permits multiple-family residential uses. Staff believes that'this type of development is compatible with existing residential development to the north, and future resi- dential development to the west. The general plan designates the property to the west as RMH (10-20 du's/acre). Also, 1-5, the AT&SF railroad and Batiquitos Lagoon serve as effective buffers from adjacent properties to the east, west and south diminishing any adverse impacts to adjacent properties. The only potential impact is to the existing mobile home park to the north. At this time, the applicant has indicated that a 300" to 1000' agri- cultural buffer will be provided separating any future develop- ment of this site from the mobile home park. This agricultural land is required pursuant to Coastal Commission regulations. The traffic impacts created by future development, of this site could be significant since, at the present time, Avenida Encinas is the only access road to the property. Eventually., an access road may be provided from the property to the west, over the AT&SF railroad. This road would mitigate any traffic impacts to the street system. At the time a development proposal is pre- sented, staff would condition any approvals to include adequate street access to this property. . • Overall, staff believes that all the required findings can be made for a zone change and, therefore, recommends approval. III. ENVIRONMENTAL REVIEW This project is being heard in conjunction with an Environmental Impact Report. If the Planning Commission certifies the E,I.R at tonight's meeting, then this project satisfies all requirements of the Environmental Protection Ordinance. IV. RECOMMENDATION ' ' . It is recommended that the Planning Commission ADOPT Resolution No. 1971, recommending APPROVAL of 'ZC-244 to the City Council, based on the following "fi ndings" arid subject to the conditions contained therein. ATTACHMENTS " ' . T. PC Resolution No. 1971 2. . Location Map 3. Background Data Sheet . • 4.- Disclosure Form BH/ar 6/2/82 -2- ' c o tf -H C01 BACKGROUND DATA SHEET CASE NO: ZC-244 APPLICANT: SEABLUFF REQUEST AND LOCATION: Zone Change from A-1(8)(County) to RD-M on the west side of Batiquitos Lagoon between 1-5 and A.T.&S.F. railroad. LEGAL DESCRIPTION: Lots 5, 13, -14 and 15 of Section 33, Township 12 South, Range 4 West, filed May 3, 1883. : APN; - Acres .140 Proposed No. of Lots/Units GENERAL PLAN AND ZONING land Use'Designation R-M & RMH 4-10 do's/acre Density Allowed 10-20 du's/acre Density Proposed Existing Zone A-1 (8) (County) Proposed Zone RD-M Surrounding Zoning and Land Use: . Zoning Land Use Site A-1(8) Vacant & Agriculture North RMHP ftobile Home Park South A-1(8) Batiquitos Lagoon East P-C & L-C • Vacant West R-4 Vacant & Agriculture PUBLIC FACILITIES School District Carlsbad Water Carlsbad' Sewer Carlsbad EDU's Public Facilities Fee Agreement, dated ENVIRONMENTAL IMPACT ASSESSMENT Negative Declaration, issued X . E.I.R. Certified, dated June 9, 198~2 Other, - . IH •Seabluff Associates, a California general partnership, is a joint venture between two California limited partnerships, which are Carlsbad 130, Ltd., and B-L 130, Ltd. The respective .partners of each of the Limited Partnerships are as follows: Carlsbad 130, Ltd. General Partner: Limited Partners: Casa Laguna Corporation, a New York Corporation P. 0. Box 1905 Newport Beach, CA 92663 Filed in New York 6/10/76 Federal I.D. 95-3035768 President and Sole Shareholder: Jack H. Bennett Casa laguna Corporation President, Jack H. Bennett P. 0. Box 1905 Newport Beach, CA 92663 Cornanche Associates, a California limited partnership H. C. Merigan, general partner 8224 Camiriito Maritiiro La'Jolla, CA 92037 Limited Partners: Robert C. Merigan P. 0. Box 362 Descanco, CA Joyce Peterson 8675 Nottingham Place La Jolla, CA 92037 E. Jeffery Deeths, MD 6729 Davenport Qnaha, Nebraska 68132 Tony Mathias Deeths, MD 135 Laduenont Drive Creve Coeur, Missouri 63141 Jorge Luhan, MD 9 Linda Isle Newport Beach, CA 92663 Continued on next page B-L 130, Ltd. General Partners: Liirited Partners: Merrill L. Kirkpatrick Walter E. McKinley c/o Camden Corporation 4041 MacArthur Boulevard Suite 210 Newport Beach, CA 92660 Walter E. McKinley Creston Star Route Paso Robles, CA 93446 ' Merrill L. Kirkpatrick 15560 Woodvale Road Encino, CA 91436 Jack H. Bennett P. 0. Box 1905 Newport Beach, CA 92663 Larry- Tucker 250 Newport Center Drive Suite 305 Newport Beach-, CA 92660 Terry .C. Hackett 4041 MacArthur Boulevard #210 Newport Beach, CA .92660 Tahamtan Aresh c/o Richard Conn,. Esq. 700 Si Flower Suite 410 Los Angeles, CA 90017 Darius Irani c/o Richard Conn, Esq. 700 S. Flower Suite 410 Los Angeles, CA 90017 The undersigned, Merrill L. Kirkpatrick and Walter E. McKinley, are the managing, general partners of Seabluff Associates. They do hereby declare under penalty of perjury that the information contained in this disclosure is true and. correct and it will remain true and correct and may be relied upon as being true and correct until amended. SEABLUFF ASSOCIATES: . iferrill / general partner Walter E. McKinley, a general partner