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Home My WebLink About1982-10-05; City Council; 7177; Zone Change Palomar Airport Road & AT&SF RailroadCirC>F CARLSBAD - AGEND/ChlLL ARtf 7/77 MTO 10/5/82 DFPT pm TITLE" ZONE CHANGE FROM R- A- 10, 000 TO RDM-Q; SOUTHWEST CORNER OF PALOMAR AIRPORT R( AND THF AT&'iF RAILROAD RTRHT OF— WAY ZC-263 - AGATEP CORPORATION Ki CITYR wn ytoti- /IGH/?^-— iU — o LU § oz3 Oo RECOMMENDED ACTION: Both the Planning Staff and Planning Commission recommend that this application be APPROVED. If the City Council concurs, your action is to introduce Ordinance No. ITEM EXPLANATION This item is a request for a zone change from R-A-10,000 to RDM-Q on 3.94 acres of land located as described above. The RDM-Q is consistent with the General Plan designation of RMH (Residential-Medium High Density; 10-20 du's/acre) for this site. The Planning Commission found that the proposed RDM-Q zone and uses allowed within this zone are consistent and compatible with surrounding land uses and zoning. Also, the Commission believed that the Q overlay designation would ensure that adequate con- sideration will be given to traffic impacts and noise impacts at the time of development. Through staff review and Planning Commission hearing, all issues on this matter have been satisfactorily resolved. ENVIRONMENTAL REVIEW The Land Use Planning Manager has determined that this project will not cause any significant environmental impacts and, therefore, has issued a Negative Declaration, dated August 16, 1982, which was approved by the Planning Commission on September 8, 1982. A copy of the environmental documents is on file in the Land Use Planning Office. FISCAL IMPACTS This application is conditioned upon the payment of public facility fees at the time of development. Payment of these fees will ensure that public facilities will be available to this site. EXHIBITS 1) PC Resolution No. 2017 2) Staff Report, dated September 8, 1982 3) Ordinance No. 6H- PLANNING COMMISSION RESOLUTION NO. 2017 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA RECOMMENDING APPROVAL OF A ZONE CHANGE FROM R-A-10,000 to RD-M (Q) ON PROPERTY GENERALLY LOCATED AT THE SOUTHWEST CORNER OF PALOMAR AIRPORT ROAD AND THE AT & SF RAILROAD. APPLICANT: AGATEP CORPORATION CASE NO.: ZC-263 /*0 WHEREAS, a verified application for certain property, to 7 wit: A portion of Lot H of Rancho Agua Hedionda according 8 to Map 823 filed November 16, 1896. q* has been filed with the city of Carlsbad, and referred to the Planning Commission; and WHEREAS, said application constitutes a request as 12 provided by Title 21 of the Carlsbad Municipal Code; and 1 "*>I WHEREAS, the Planning Commission did on the 8th day of September, 1982, hold a duly noticed public hearing as prescribed 15 by law to consider said request; and WHEREAS, at said public hearing, upon hearing and 17 18 19 20 21 22 23 24 25 27 28 considering all testimony and arguments, if 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 hearing, the Commission recommends APPROVAL of ZC-263, based on the following findings and subject to the following conditions: Findings; 26 1) The proposed change of zone to RD-M(Q) is consistent with the General Plan designation of RMH since a designation like this is applied to an area that is suitable for multi-family residential development. ,\ 6 Plan. 7 8 9 10 11 12 13 14 15 18 20 21 22 23 24 25 2) The RD-M(Q) zone is compatible with surrounding properties since the subject property is adequately buffered from adjacent industrially zoned properties and the property to the south has been developed for residential purposes. 3) 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 4) The Land Use Planning Manager has determined that this zone change will not have a significant impact on the environment and therefore has issued a Negative Declaration on August 16, 1982 which was approved by the Planning Commission on September 8, 1982. 5) Prior to development of this property, a site development plan must be approved by the Planning Commission. At that time, the City will be able to ensure that the development proposed for this site does not cause any traffic problems at the intersection of Solamar Drive and Palomar Airport Road and that the proposed development will be adequately buffered from the existing mobile home park and from noise emanating from the AT&SF railroad right-of-way. 6) The proposed change of zone is consistent with all other elements of the General Plan. 1 fiConditions: 17 1) Approval is granted for ZC-263, as shown on Exhibit "A", dated August 24, 1982, incorporated by reference and on file in the Land Use Planning Office. 19 4) This project is approved upon the express condition that the applicant shall pay a public facilities fee as required by City Council Policy No. 17, dated April 2, 1982, on file with the City Clerk and incorporated herein by reference, and according to the agreement executed by the applicant for payment of said fee a copy of that agreement dated June 28, 1982, is on file 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) Prior to development of this property, a Site Develpment Plan must be approved by the Planning Commission. 26 //// 07 28 //// PC RESO NO. 2017 -2- 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 ADOPTED at a regular meeting of the Planning Commission of the city of Carlsbad, California, held on the 8th day of September, 1982, by the following vote, to wit: AYES:, Chairman Farrow, Commissioners Marcus, Rombotis, Schlehuber, Jose and Rawlins. NOES: None. ABSENT: Commissioner Friestedt. ABSTAIN: None. VERNON/a. FARROW, JR.UChairman CARLSBAD PLANNING COMM^SSJON ATTEST! MICHAEL J. HOLZMILyZR, LAND USE PLANNING MANAGER PC RESO NO. 2017 — 3— / V APPLICATION SUBMITTAJ-. DATtT;'~~~JULY 13, 1982 STAFF REPORT DATE: September 8, 1982 TO: Planning Commission FROM: Land Use Planning Division SUBJECT: ZC-263 - Agatep Corporation - Request for a Zone Change from R-A-10,000 (Residential Agricultural 10,000 square foot minimum lot size) to RD-M (Residential Density - Multiple) for two parcels with a combined area of 3.94 acres at the southwest corner of the intersection of Palomar Airport Road and the AT & SF Railroad. I. PROJECT DESCRIPTION The applicant is requesting that the zoning of the above described parcels be changed from R-A-10,000 to RD-M. The properties to the north, east and west of the subject property are vacant at the present time. The Solamar Mobile Home Park is located directly to the south of the subject property. The properties involved in this zone change are relatively flat and covered with weeds. A radio transmitting tower operating under a conditional use permit is located near the center of the site. The proposed zone change would not effect the conditional use permit for the radio transmitting tower. This tower will probably be removed from the property when the owner decides to develop this site. II. ANALYSIS Planning Issues 1. Is the proposed RD-M zone consistent with the RMH General Plan designation? 2. Is the proposed RD-M zone and uses allowed within this zone consistent with surrounding zoning and land uses? Discussion The requested zone change to RD-M will be consistent with the General Plan designation of RMH, Residential Medium High Density, 10-20 du/ac, for this site. The RD-M, Residential Density Multiple is the implementing zone for an area with a general plan designation of RMH. The proposed RD-M zone and the uses within it should be consistent with the surrounding zoning and land uses. Although the properties to the north and east are zoned Planned Industrial, the AT and SF Railroad and Palomar Airport Road X should effectively buffer this site from any uses on those properties. The Solamar Mobile Home Park to the south was formerly zone RD-M, but a zone change approximately one year ago changed its designation to RMHP, Residential Mobile Home Park. Staff has some concerns about potential traffic problems at the intersection of Palomar Airport Road and Solamar Drive since this will be the only access for any future development on this site, as well as the existing mobile home park. Staff recommends that a Q overlay be placed on this property to insure that the City has adequate control over any future developments, public street access and improvement requirements. The Q overlay would also help ensure that any development on this property will be designed to be compatible with the Solamar Mobile Home Park. The applicant's agent has indicated that he is considering locating a motel at this site. Motels and hotels may be permitted in the RD-M zone with a conditional use permit. Staff has not seen any development plans for a motel on this property and makes no judgement as to the suitability of this site for a motel or hotel. Overall, staff can make the required findings for a zone change and is, therefore, recommending approval of ZC-263. III. ENVIRONMENTAL REVIEW The Land Use Planning Manager has determined that this project will not have a significant impact upon the environment and, therefore, has issued a Negative Declaration on August 16, 1982. IV. RECOMMENDATION It is recommended that the Planning Commission APPROVE the Negative Declaration issued by the Land Use Planning Manager and adopt Resolution No. 2017 recommending APPROVAL OF ZC-263 to the City Council based on the findings and subject to the conditions contained therein. ATTACHMENTS 1. Planning Commission Resolution No. 2017 2. Location Map 3. Background Data Sheet 4. Disclosure Form 5. Environmental Documents MH:jp 8/27/82 — 2— APPLICANT AGATH* CASE NO.ZC263 EXHIBIT-A 8-24-82 BACKGROUND DATA SHEET CASE NO: ZC-263 APPLICANT: Agatep Corporation REQUEST AND LOCATION: Zone change from R-A-10,000 to RD-M at the southwest corner of Palomar Airport Road and the AT & SF Railroad LEGAL DESCRIPTION: A portion of Lot H of Ranc'no Agua Hedionda according to Map 823 filed November 16, 1896 APN; 210 - 100 - 5&6 Acres 3.94 Proposed No. of Lots/Units - GENERAL PLAN AND ZONING Land Use Designation RMH Density Allowed IP - 2P du/ac Density Proposed - Existing Zone R-A-10,000 Proposed Zone RD-M Surrounding Zoning and Land Use: Zoning Land Use Site R-A-10,OOP radio transmitting tower North R-A-10,OOP vacant South RMHP mobile home park East P-M AT & SF Railroad West 0-S Carlsbad Blvd. PUBLIC FACILITIES School District Carlsbad Water Carlsbad Sewer Carlsbad EDU's Public Facilities Fee Agreement, dated June 28,1982 BWIROKMENTRL IMPACT ASSESSMENT X Negative Declaration, issued August 16, 1982 E.I.R. Certified, dated Other, ^^^^^^•^^^^^^^j^^^^^^'^^^^'^^^^Sy'^^^^^^ is determined•• that further information* *—equired, you will be so adviO'C . . O » Paul Ecke, Sr., Executor U/W Magdalena,Ecke, APPLICANT: nor^A^rt. Paul F.oTce . _Jr AGENT: ME^BERS r ^o^co p^n .ocg r. : ; Matne (individual, partnership, joint venture, corporation, syndication) , Encinitas, CA 92024 Business Address (714) 753-1134 Telephone Number Tbp> Acrater? Corporation/Joe Sandy Name P.O. Box 590, Carlsbad, CA 92008 Business Address (714) 434-1056 Telephone Number Name -(individual, partner, joint venture, corporation, syndication) Hoine Address- Business Address Telephone Number Telephone Number 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. Applicant c<o S¥L*aAcjenO Owner, Par^jfier ,c DEVELOPMENTAL SERVICES D Assistant City Manager (714) 438-5596 D Building Department (714) 438-5525 D Engineering Department (714) 438-5541 n Housing & Redevelopment Department 3098 Harding St. (714)438-5611 ^0* Planning Department (714) 438-5591 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008 Citp of Cartefcab NEGATIVE DECLARATION PROJECT ADDRESS/LOCATION: Southwest corner of the intersection of Palomar Airport Road and the AT & SF Railroad. PROJECT DESCRIPTION: Change of zone from R-A-10,000 to RD-M for 2 parcels with a combined area of approximately 3.94 acres. The City of Carlsbad has conducted an environmental review of the above described project pursuant to the Guidelines for Implementation of the California Environmental Quality Act and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, a Negative Declaration (declaration that the project will not have a significant impact on the environment) is hereby issued for the subject project. Justification for this action is on file in the Land Use Planning Office. A copy of the Negative Declaration with supportive documents is on file in the Land Use Planning Office, City Kail, 1200 Elm Avenue, Carlsbad, CA. 92008. Comments from the public are invited. Please submit comments in writing to the Land Use Planning Office within ten (10) days of date of issuance. DATED: August 16, 1982 CASE NO: ZC-263 APPLICANT: Agatep Corp. PUBLISH DATE: August 18, 1982 Land Use Planning Manager ND-4 5/81 DEVELOPMENTAL SERVICES d Assistant City Manager (714) 438-5596 D Building Department (714) 438-5525 D Engineering Department (714)438-5541 D Housing & Redevelopment Department 3098 Harding St. (714)438-5811 Planning Department (714) 438-5591 o 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008 of Cartebab PUBLIC NOTICE OF PREPARATION PLEASE TAKE NOTICE: The Planning Department of the City of Carlsbad intends to prepare a Negative Declaration for the following project: Project Description: Chage of zone for R-A-10,000 to RD-M for 2 parcels with an area of approximately 3.94 acres. Project address/Location: Southwest corner of the intersection of Palomar Airport Road and the AT&SF Railroad. Anticipated significant impacts: None We need to know your ideas about the effect this project might have on the environment and your suggestions for ways the project could be revised to reduce or avoid any significant environmental damage. Your ideas will help us decide what issues to analyze in the environ- mental review of this project. Your comments on the environmental impact of the proposed project may be submitted in writing to the Planning Department, 1200 Elm Avenue, Carlsbad, CA 92008, no later than August 19, 1982. DATED: July 29, 1982 CASE NO: ZC-263 MCHAEL J. HOLZMH&fiR APPLICANT: Agatep Corp. Land Use Planning Manager PUBLISH DATE: August 4, 1982 ND 3 5/81 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 ORDINANCE NO. 9649 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 21 OF THE CARLSBAD MUNICIPAL CODE BY AMENDING THE ZONING MAP TO GRANT A CHANGE OF ZONE (ZC-263) FROM R-1-10,000 TO RDM (Q) ON PROPERTY GENERALLY LOCATED AT THE SOUTHWEST CORNER OF PALOMAR AIRPORT ROAD AND THE AT & SF RAILROAD. AGATEP CORPORATION; ZC-263 The City Council of the City of Carlsbad, California does ordain as follows: SECTION 1: Title 21 of the Carlsbad Municipal Code is amended by the amendment of the zoning map to grant a change of zone (ZC-263) from R-1-10,000 to RDM (Q) on property as shown on the map marked ZC-263 - Exhibit A, attached hereto and made a part hereof. SECTION 2: This project is approved upon the express condition that the applicant shall pay a public facilities fee as required by City Council Policy No. 17, dated August 29, 1979 and amended on April 2, 1982, on file with the City Clerk and incorporated herein by reference, and according to the agreement executed by the applicant for payment of said fee a copy of that agreement dated June 28, 1982, is on file 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. Said fees shall be paid based on the April 2, 1982 version of Policy No. 17. v 1 2 3 4 6 7 8 9 10 11 § 12 | | 13 CC rf O)™* o O u. ^ ^ 14 §£<§ 15 ^ ui O£ ui o „• 162 tr o D J-wm z c>j <<O £ *- m || I 17 £ ° 18 19 21 22 23 24 26 27 28 EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be published at least once in the Carlsbad Journal within fifteen days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council held on the 5th day of October r 1982, and thereafter PASSED AND ADOPTED at a regular meeting of said City Council held on the 19th day of ^October , 1982, by the following vote, to wit: AYES: Council Msrribers Casler, Lewis and Anear NOES: None ABSENT: . Council Members Kulchin and Anear / 0 ij . ^-^-a'-Ce-^ MARY H.^yCASLER, Mayor ATTEST: ALETHA L. RAUTENKRANZ, City Clerk*r (SEAL) 2. EXHIBIT A ORDINANCE NO. 9649 RMHP s o I a m a r moble home park APPLICANT CASE HO., EXHIBIT-, 8-24-32