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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 Q UJ OQZa.a. o< oo 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. 1 2 3 4 5 6 7 8 9 10 11 o § § 13 IS 3 I 14 . >• _ . T tf: "J 8 a J.O I CC "~ flQ t i 17 > 5 &' * 18 19 20 21 22 23 24 25 26 27 28 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. 3 O< -SSg s O O T» = 05^ li1!* i o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 18 19 20 21 22 24 25 26 27 28 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 2. 8 2; < 1 2 3 4 5 6 7 8 9 10 11 12 13 foil 14 IMS 15 I- >- T ez g 8 o 16 17 18 20 21 22 23 24 25 26 27 28 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 u - 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 -2- 1 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 -3- EXHIBIT A GPA 64A ZC 264 SOUTHERS COMBINATION DISTRICT (TS,0, &OS) ^-^ ^"7 COMBINATION DISTRICT • / (TS, 0, OS) / •EXHIBIT B - GPA-64(E) RESOLUTION NO. 7097 LOCATION Q •RAWCHQ CARLSBAD ,v PPLICANT V7ERSCMi>3GI lA"-; h!0. GPA-64CS5) CHy of ExMMl Data /b RESOLUTION NO. *% 5 foil l£>2 mO 3H"•'; § 5 £|8d8i*S|p 3> t- <r 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 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 I 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. CO _ J g S= < S 111 Sg|§^Is z "! 8 dSi^< Ih " 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 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. 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 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 U ~ ^~- MARY H.CASLER, Mayor ATTEST: ALET/HA L. RAtfTEUtfRANZ,^ity Clerk KAREN R. KUNDTZ, Deputy City Clerk . (SEAL) 3. 13 RESOLUTION NO. 7098 EXHIBIT B GPA 64(C) H c c 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 TV^'-XI '-'t/1 -; s iiOt^ nvjr /A- 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) o$ *3 g 0 <§" Q_ UJ S O ^|til "!• §5fe|sdSl^g|R s> I- tc <3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 § 15 RESOLUTION NO. 16 17 18 19 20 21 22 23 24 25 26 27 28 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 i district which requires the submittal of the specific plan for the property prior to the adoption of zoning. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 vu,E z|gd 16Bi*3 11. | 17 E °* 18 19 20 21 22 23 24 25 26 27 28 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 (