HomeMy WebLinkAbout1982-12-21; City Council; 7211-4; General Plan AmendmentsCIT OF CARLSBAD — AGEND, 3ILL
AB* 7211-4
MTfi 12/21/82
DEPT. CA
TITLE:
GENERAL PLAN AMENDMENTS
DEPT. HD. -
CITY ATTY \)F&
CITY MGR._2^
RECOMMENDED ACTION:
Adopt Resolution Nos. iQCfJ , 70<?P
ITEM EXPLANATION
At its November 16 and December 7, 1982 meetings the City Council
directed the City Attorney to prepare documents denying one,
partially approving one, and approving four amendments to the
General Plan and denying one zone change. Three resolutions have
been prepared as follows:
Resolution No. 'J Of f
GPA-64(A): A change from RLM (0-4 units/acre) to a
combination district comprised of Travel Service (TS),
Professional and Related Community (O), and Open Space (OS)
on the south side of Highway 78 between the two Haymar Drive
cul de sacs (Southers).
GPA-64(E): A change from RLM (0-4 units/acre) to Community
Commercial (C) on the northeast corner of El Camino Real and
future College Boulevard (Wersching).
Resolution No. 7 D
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GPA-64(B): Denying an appeal and upholding the Planning
Commission's decision to deny a change from RLM (0-4
units/acre) and RM (4-10 units/acre) to Planned Industrial
(PI) on El Camino Real immediately south of the Palomar
Airport Business Park ( HCH and Associates).
GPA-64(C): A change from Non-Residential Reserve (NRR) to
Planned Industrial (PI) on the south side of Palomar Airport
Road west of Laurel Tree Lane (Agatep).
GPA-64(D): A change from Governmental Facilities (G) to
Planned Industrial (PI) on 26 acres northeast of the
intersection of El Camino Real and Palomar Airport Road and
denying a change from Open Space (OS) to Planned Industrial
(PI) for the remaining 150 acres of the property owned by San
Diego County (City/County).
GPA-64(G): A change to the Land Use Element text to make the
Element consistent with the recently adopted new Parks and
Recreation Element of the General Plan.
Agenda Bill No. 7211-4
December 21, 1982
Page 2
Resolution No. *7 O
Denying a change of zone from R-1 10,000 to CTQ, RPQ and OS
for the Southers property (see GPA-64(A)).
Two resolutions have been prepared for the General Plan amendments
to accommodate Council voting. The amendments have been considered
as a whole and, if both resolutions are approved, will constitute
one General Plan amendment for the purposes of the state law
prohibiting amendments of the General Plan more than three times in
one year.
EXHIBITS
Resolution No.
Resolution No.
Resolution No.
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RESOLUTION NO. 7097
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AMENDING THE LAND USE ELEMENT
OF THE GENERAL PLAN TO CHANGE THE LAND USE DESIGNA-
TIONS FOR TWO AREAS OF THE CITY'S GENERAL PLAN
GPA-64(A) (SOUTHERS) ANDGPA-64(E) (WERSCHING).
WHEREAS, the Planning Commission did on October 27 and
November 3, 1982 hold duly noticed public hearings as prescribed
by law to consider amendments to the. Land Use Element of the
General Plan GPA-64(A) and GPA-64(E); and
WHEREAS, the City Council has determined that GPA-64(E)
would not have significant impacts on the environment and a
Negative Declaration was approved on December 7, 1982 and has
certified EIR 82-5 for GPA-64(A) all in satisfaction of the
requirements of the City of Carlsbad Environmental Protection
Ordinance of 1980 and the California Environmental Quality Act;
and
WHEREAS, the City Council did on November 16 and
December 7, 1982 hold duly advertised public hearings to
consider said amendments and at that time received the
recommendations, objections, protests and comments of all
interested persons desiring to be heard; and
WHEREAS, the City Council, after considering all
proposed changes to the Land Use Element of the General Plan,
directed the City Attorney to return with appropriate documents
to allow the City Council to vote on the change individually as
a part of one single amendment to the Land Use Element of the
General Plan.
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NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Carlsbad, California as follows:
A. That the above recitations are true and correct.
B. That this resolution and resolution no. 7099 & 7098
constitute a single amendment to the Land use Element of the
General Plan.
C. That the findings of the Planning Commission as set
forth in Planning Commission Resolution No. 2038 (GPA-64(A)) and
Resolution No. 2026 (GPA-64(E)) do not constitute the findings
of the City Council.
D. That the findings proposed for GPA-64(A) in the
memorandum dated November 24, 1982 attached hereto are the
findings of the City Council.
E. That the General Land Use of community commercial
is appropriate at this time for GPA-64(E) recognizing that a
specific plan and a solution to the potential traffic problems
from this property and to the circulation problem in the area
must be accomplished prior to any rezoning request pr
development of the property.
F. The the Land Use Element of the General Plan is
amended as follows:
1. GPA-64(A) (Southers); To change the Land Use
Element from residential low medium (RLM) density to a
combination district consisting of travel service (TS),
professional and related community (0) and open space (OS) for
property generally located on the south side of Highway 78
between the two Haymar Drive cul de sacs as shown on the map
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marked Exhibit A - GPA-64(A) attached hereto and made a part
hereof.
2. GPA-64(E) (Wersching). Change the Land Use
Element from low medium (RLM) density to community commercial
(C) on property located on the northeast corner of El Camino
Real and future College Boulevard as shown on the map marked
Exhibit B - GPA-64(E) attached hereto and made a part hereof.
PASSED, APPROVED AND ADOPTED at a regular meeting of
the City Council of the City of Carlsbad, California, held on
the 21st day of Deceiitoer , 1982, by the following
vote, to wit:
AYES: Council lienbers easier, Kulchin, Chick and Prescott
NOES: Council Mariber Lewis (GPA-64(E) only)
ABSENT: None
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MARY H.7CASLER, Mayor
ATTEST :
ALETjfAL. RAJJTENMANZ, gzty Clerk
R. KUNDTS, Deputy City Clerk
3.
MEMORANDUM
DATE:
TO:
FROM:
November 24, 1982
Dan Hentschke, Assistant City Attorney
Charlie Grimm, Principal PlannerC-M
SUBJECT: Southers General Plan Amendment and Zone Code Amendment;
Findings for Council Decision to Utilize a Combination
District Comprised of Travel Service (TS) Professional
and Related Community (0), and Open Space (OS)
GPA: 1) That the use of a combination district will allow more
flexibility in the development of the property.
2) That use of the combination district requires the
submittal of a specific plan before development of the
property can occur, affording a better opportunity to
preserve the natural character of the site.
3) That specific plan will allow the establishment of
precise land use boundaries within the subject property
which will provide for better protection of the
sensitive riparian habitat.
4) That EIR 82-5 certified for this project identified a
number of significant and potentially significant
impacts which are either mitigable or overriding
circumstances exist as discussed below.
A. The loss of biologic resources associated with the
modified project, while significant, are offset by
the social and economic benefits of the proposed
land use. The proposed land use is more conducive
to preservation of the habitat areas being retained
and eliminate the potential undesirable living
environment caused by traffic noise on Highway 78
and Marron Road. The proposed use is also less
subject to impacts from the existing surface mine
located east of the property. Development of
office and commercial uses will provide jobs and
additional sales tax and property tax to the City.
B. Potential cumulative significant impacts on air
quality are also offset by the benefits of the
project as noted above. In addition, the location
of additional employment and commercial facilities
provides a shopping and employment convenience for
existing and future residents of the region. The
grouping of facilities may also serve to reduce
travel distances and reliance on the automobile in
the future, thereby helping to reduce long term
impacts.
C. Land Use - The proposed land use is compatible with
existing and proposed adjacent uses and are more
compatible than residential uses with the potential
noise impacts from Highway 78 and Marron Road.
Project modifications could preserve additional
floodplain areas adjacent to the riparian habitat,
thereby reducing conflicts with the Open Space and
Conservation Element to an insignificant level.
D. Geology and Soils - Project modification to
preserve additional floodplain areas and the steep
slope areas in the southeast corner of the property
have reduced potential impacts. Implementation of
the additional mitigation measures contained in the
EIR will further reduce potential impacts to an
insignificant level.
E. Hydrology and Water Quality - Elimination of the
majority of the proposed development adjacent to
Highway 78 and in the steep slope areas in the
southeast corner further reduces the potential for
on site sedimentation. Preservation of the
majority of the floodplain area and implementation
of the mitigation measures contained in the EIR
reduces potential impacts to an insignificant
level.
F. Biological Resources - Project modifications could
preserve at least 29 acres of the riparian habitat
and 18 acres of supporting natural habitat, espe-
cially along the northern perimeter of the riparian
area which reduces the impacts as identified in the
EIR. The probable loss of three acres of the
riparian habitat and additional supporting habitat,
however, is still deemed to be an unmitigated
significant adverse impact.
G. Archaeological Resources - Preservation of the area
adjacent to Highway 78 and in the southeastern
corner will preserve three of the identified sites,
thereby reducing the impacts identified in the EIR.
Implementation of the additional measures noted in
the EIR reduces the overall impact to one of
insignificance.
H. Visual Aesthetics - Eliminating the majority of the
development adjacent to Highway 78 will eliminate
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any potential "freeway strip effect." The addition
of the Q overlay zone and implementation of the
other measures contained in the EIR reduces
potential impacts to an insignificant level.
I. Traffic Circulation - Potential traffic impacts at
Marron Road and El Camino Real can be reduced to an
insignificant level by the construction of turning
lanes and medians as recommended in the EIR and in
comments from the City Traffic Engineer.
J. Noise - No significant impacts are anticipated.
The proposed land uses are less subject to any
potential noise impacts than the existing
residential designation.
K. Air Quality - Identified significant adverse
impacts are cumulative in nature. Specific
mitigation measures to reduce these impacts can be
reviewed and implemented upon approval of site
development plans required by the Q overlay zone.
Effective long term mitigation, however, can only
be accomplished on a regional basis.
L. Utilities and Public Services - Identified impacts
for all utilities and public services are either
insignificant or can be mitigated to an insignif-
icant level by implementation of the measures
identified in the EIR. Water and energy conserva-
tion measures especially can be reviewed upon
approval of site development plans as required by
the Q overlay zone.
ZC: The zone change was denied based on the following findings:
1) The proposed zone change is premature for the site
because the property is within a general plan
combination district and there is insufficient
information to determine precise land use at this
time.
2) A combination district requires the submittal of a
specific plan which more precisely implements the
general plan. A zone change is more appropriately
processed in conjunction with the specific plan.
3) That the zoning as proposed may create a significant
impact on the environment.
CDG:kb
Attachment: Revised GPA Exhibit
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EXHIBIT A GPA 64A
ZC 264
SOUTHERS
COMBINATION DISTRICT
(TS,0, &OS)
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COMBINATION DISTRICT • /
(TS, 0, OS) /
•EXHIBIT B - GPA-64(E)
RESOLUTION NO. 7097
LOCATION
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•RAWCHQ
CARLSBAD
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PPLICANT V7ERSCMi>3GI
lA"-; h!0. GPA-64CS5)
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Data
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RESOLUTION NO.
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AMENDING THE LAND USE ELEMENT
OF THE GENERAL PLAN TO CHANGE THE LAND USE DESIGNA-
TIONS FOR THREE AREAS OF THE CITY'S GENERAL PLAN
GPA-64(C)(AGATEP); GPA-64(D)(CITY) AND GPA-64(G)(CITY)
AND TO DENY AN APPEAL AND UPHOLD THE PLANNING
COMMISSION'S DENIAL OF SUCH A CHANGE GPA-64(B) (HCH
AND ASSOCIATES) .
WHEREAS, the Planning Commission did on October 27 and
November 23, 1982 hold duly noticed public hearings as prescribed
by law to consider amendments to the Land Use Element of the
General Plan GPA-64(B); GPA-64(C); GPA-64(D) and GPA-64(G); and
WHEREAS, the Planning Director and the Planning
Commission have determined that amendments GPA-64(B) and
GPA-64(C) will not have significant impacts on the environment
and Negative Declarations have been prepared and filed, a finding
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of prior compliance has been made for GPA-64(G) and EIR 82-1 was
certified for GPA 64-D all in satisfaction of the requirements of
the City of Carlsbad Environmental Protection Ordinance of 1980
and the California Environmental Quality Act; and
WHEREAS, the City Council did on November'16 and
December 7, 1982 hold duly advertised public hearings to consider
said amendments and at said time received the recommendations,
objections, protests and comments of all interested persons
desiring to be heard; and
WHEREAS,, the City Council, after considering these and
other proposed changes to the Land Use Element of the General
Plan, directed the City Attorney to return with appropriate
documents to allow the City Council to vote on the changes
individually as a part of one single amendment to the Land Use
Element of the General Plan.
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NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Carlsbad, California as follows:
A. That the above recitations are true and correct.
B. That this resolution and resolution no. 7097 s 7099
constitute a single amendment to the Land Use Element of the
General Plan.
C. That the findings of the Planning Commission as set
forth in Planning Commission Resolutions Nos. 2027 (GPA-64(B));
2028 (GPA-64(C)); 2034 (GPA-64(D)) and 2041 (GPA-64(G))
constitute the findings of the City Council.
D. That the Land Use Element of the General Plan is
amended as follows:
1. GPA-64(C); Change the .land use designation from
Non-Residential Reserve (NRR) to Planned Industrial (PI) on
property generally located on the south side of Palomar Airport
Road, west of Laurel Tree Lane, as shown on the map marked
Exhibit B, attached hereto and made a part hereof.
2. GPA-64(D); Change the land use designation from
Governmental Facilities (G) to Planned Industrial (PI) on 26
acres of property generally located on the north of Palomar
Airport Road, east of El Camino Real, as shown on the map marked
Exhibit C, attached hereto and made a part hereof and denying a
change of land use designation from Open Space (OS) to Planned
Industrial (PI) on the balance of said property as shown on said
exhibit.
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3' GPA-64(G); Change the land use text and map to
revise the special resource areas and community parks to make the
Land Use Element consistent with the Park and Recreation Element,
as shown on the map marked Exhibit D and the text marked Exhibit
E, attached hereto and made a part hereof.
4. GPA-64(B); Deny the appeal of HCH Associates
and uphold the decision*of the Planning Commission's denial of a
change in the land use designation from Residential/Medium and
Low Medium (RM and RLM) Density to Planned Industrial (PI) on
property generally located on both sides of El Camino Real
immediately south of Palomar Airport Business Park, as shown on
the map marked Exhibit A, attached hereto and made a part
hereof. •
PASSED, APPROVED AND ADOPTED at a regular meeting of
the Carlsbad City Council held on the 21st day of December /
1982 by the following vote; to wit:
AYES: Council Ifembers easier, Lewis, Kulchin, Chick and Prescott
NOES: None
ABSENT: NOne
J /O
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MARY H.CASLER, Mayor
ATTEST:
ALET/HA L. RAtfTEUtfRANZ,^ity Clerk
KAREN R. KUNDTZ, Deputy City Clerk .
(SEAL)
3.
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RESOLUTION NO. 7098
EXHIBIT B
GPA 64(C)
H
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APPROVED
G to PI
EXHIBIT C
.TO RESOLUTION NO. 7098
GPA-64D
County of San Diego
City of Carlsbad
DENIED W/O PREJUDICE
OS to P!
IT"" > J" D n 1 B"~"> •! "TTEXHIBI
OCTOBER 12, 1082
OCEANSIDE ..
VISTA
tXHIUII 0
HWY 7B RESOLUTION NO. 7098
GPA-64G
City of Carlsbad
SCALE
CITY OF CARLSBAD
r--~-.±> AGUA HEDIOKDA
PACIFIC OCEAN
BDY.
- LCARLSBAD
('....'W'iwiii;cal|J'w\j|J L
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EXtPIT E
' .''•..,' RESOLUTION NO. 7098
GPA-64G
" City of Carlsbad
TEXT - LAND USE ELEMENT CLASSIFICATIONS
•'''8. Community Parks ." '•.'•'"•-." —':' ."...:'': ";" .-"'..' '•'.'"•.
Community parks are leisure facilities of 20 to 50 acres
• specifically designed to serve the broader recreational
needs of several neighborhoods. They are best located near
major arteiials and when possible, near junior and senior
high schools. Additionally, they are intended to provide
diversified activity, both active and passive to meet the
needs of the populations surrounding them. The land use map
ji,, indicates specific locations for Stagecoach Park and Alga
Norte Community Park. The other community park locations
. indicated on the map are approximate and are intended as a
planning tool. Based on projections of population and
• . community needs,, a community park site should be located in
the general vicinity shown. These park sites are
. . anticipated to be dedicated and developed in conjunction
with surrounding development.
9. Special-Resource Areas
Special-Resource Areas are local amenities under the
- .-.jurisdiction of the City of Carlsbad that have either city-
wide or potential regional significance. Although they are
usually greater than 100 acres in size, it is not size alone
that makes them significant. Significance is found within
each site's unique potential to attract users from a greater
• distance than a local facility. Consequently, the
facilities offered at a special-resource area have a
specialized use attractive to users locally and beyond.
Designated special-resource areas, within the Carlsbad
•."•• sphere of influence include:
'; . .[ . * Buena Vista Lagoon . .
;''•>••• '' ,' ' Agua Hedionda Lagoon
. ' Batiquitos Lagoon
State Beaches . '• .
"••:••. Macario Canyon Park '•/. '..•'. ..:' • ; ..
••'••'..' '."'':'. '";".'. '- •. Lake Calavera ." •/ . v:. v-'._ ..';.'•••,::-.'-.:';' •;..••;' . • V.:-;r.
:.•.•-!•'...: '.'.-..;•':, •;:''. Rancho Carrillo ' ".•/'• ;'. ':'-Vv:; •'•• ":; ;.v-^ '•:•.- 's: :.-'''•-•• • •-• ; '»•* ;- • • •' _••. .. .... •; ,.;.,.,..;••;•:'-••'.'•,••>•••*•• /:.-''•. \, "..
10. Special-Use Facility • ' ' «
A special use 'facility is a local recreational facility of
only one or two activity-type uses (tennis courts, pool,
etc) and are generally 1-5 acres in size. Special use
facilities may be developed and maintained by either
privi'ite, public or joint-effort funding. These facilities
.• . may tilso be developed on school district property as a joint
eCCort with the school districts.
17
•EXHIBITA
• RESOLUTION "NO. 7093
,*'
AIRPORT
PALOMAR AIRPORT
BUSINESS PARK
IlJE
RM & RLM to PI
PPLICAMT.. HCH.a ASSOCIATES
IASE MQ..' GPA G4(B)
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§ 15
RESOLUTION NO.
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, DENYING A CHANGE OF
ZONE FROM R-1 10,000 TO CTQ, RPQ AND OS ON
PROPERTY GENERALLY LOCATED ON THE SOUTH SIDE
OF HIGHWAY 78 BETWEEN THE TWO HAYMAR DRIVE
CUL DE SACS (ZC-264 SOUTHERS) .
WHEREAS, the Planning Commission on October 27, 1982
held a duly noticed public hearing as prescribed by law to
consider a request for a change of zone from R-1 10,000 to CTQ,
RPQ and OS on property generally located on the south side of
Highway 78 between the two Haymar Drive cul de sacs; and
WHEREAS, at the conclusion of the hearing the Planning
Commission, by the adoption of Resolution No. 2043 recommended
approval of the zone change; and
WHEREAS, the City Council at their meeting of November
16, 1982 by motion approved EIR 82-5 for the aforesaid property
in satisfaction of the requirements.of the Carlsbad
Environmental Protection Ordinance and the California
Environmental Quality Act.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Carlsbad, California as follows:
A. That the above recitations are true and correct.
B. That said zone change is denied for the following
reasons:
1. The "zoning, as proposed, may cause significantly
adverse effects on the environment.
2. The change is premature for this site because the
property has been placed within a General Plan combination
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district which requires the submittal of the specific plan for
the property prior to the adoption of zoning.
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C. This action of denial is final the date this
resolution is adopted by the City Council. The provision of
Chapter 1.16 of the Carlsbad Municipal Code, "Time Limits for
Judicial Review" shall apply:
"NOTICE TO APPLICANT"
The time within which judicial review of this
decision must be sought is governed by Code of Civil
Procedure, Section 1094.6, which has been made
applicable in the City of Carlsbad by Carlsbad
Municipal Code Chapter 1.16. Any petition or other
paper seeking judicial review must be filed in the
appropriate court not later than the ninetieth day
following the date on which this decision becomes
final; however, if within ten days after the decision
becomes final a request for the record of the
proceedings accompanied by the required deposit in an
amount sufficient to cover the estimated cost of
preparation of such record, the time within which such
petition may be filed in court is extended to not later
than the thirtieth day following the date on which the
record is either personally delivered or mailed to the
party or his attorney of record, if he has one. A
written request for the preparation of the record of
the proceedings shall be filed with the City Clerk,
City of Carlsbad, 1200 Elm Avenue, Carlsbad, California
92008."
PASSED, APPROVED AND ADOPTED at a regular meeting of
the City Council of the City of Carlsbad, California, held on
the 21st day of December , 1982, by the following
vote, to wit:
AYES: Council Members Casler, Lewis, Kulchin, Chick and Prescott
NOES: None
ABSENT: None
MARY H. JJASLER, Mayor
ATTEST:
j£RAUT#NKRAl%£/J City Clerk
fOJNDTZ, Deputy City Clerk
2.
1200 ELM AVENUE
CARLSBAD, CALIFORNIA 92008
TELEPHONE:
(714)438-5621
City of Cartebab
December 28, 1982
Jacob Wersching
30772 Via La Cresta
Rancho Palos Verdes, CA 90274
Enclosed for your records, please find a copy of the
following Resolution NO. 7097 , adopted by the
Carlsbad City Council on December 21, 1982 .
Sincerely,
LEE RAUTENKRANZ,
City Clerk
LR:adm
Enclosures ( l )
1200 ELM AVENUE
CARLSBAD, CALIFORNIA 92008
December 28, 1982
HCH & Associates
4877 Viewridge Avenue
San Diego, CA 92123
TELEPHONE:
(714) 438-5621
Cttj> of Cartebab
Enclosed for your records, please find a copy of the
following Resolution NO. 7098 , adopted by the
Carlsbad City Council on December 21, 1982
Sincerely,
LEE RAUTENKRANZ,
City Clerk
LR:adm
Enclosures ( i)
1200 ELM AVENUE
CARLSBAD, CALIFORNIA 92008
December 28, 1982
Paul or Beverly Southers
9601 Westwood Drive
Westminister, CA 92683
TELEPHONE:
(714) 438-5621
Cttj> of Cartefcab
Enclosed for your records, please find a copy of the
following Resolution 7099 ^ adopted by the
Carlsbad City Council on December 21, 1982 .
Sincerely,
UZJL.
LEE RAUTENKRANZ,
City Clerk
LR:adm
Enclosures (