HomeMy WebLinkAbout1982-12-21; City Council; 7239; Zone Change Site II Properties Agatep CorpCITOlF CARLSBAD — AQEND^ILL
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MTG 12/21/82
DEPT PLN
TITLE: ZONE CHANGE - SITE II PROPERTIES:
ZC-261 - AGATEP CORPORATION
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RECOMMENDED
The Planning Commission and the staff are recommending that the
City Council introduce Ordinance No. 9</>^7 APPROVING ZC-261.
ITEM EXPLANATION
The request is to change the zone on 9 parcels located south of
Palomar Airport Road and east of the Alta Mira development. The
attached Exhibit C shows that parcels presently zoned E-A
(Exclusively Agriculture) and S-90 (County) would be changed to
RDM-Q (Residential Density Multiple-Qualified Overlay). Other
parcels to the east will be rezoned from S-90 to R-1-10,000 Q
(single family with a Q-Overlay). Property designed as Planned
Industrial (PI) along Palomar Airport Road would be rezoned from
E-A to PM-Q (Planned Industrial with a'Q Overlay).
All proposed changes are consistent with the general plan. For
those parcels located in the County this action is a preannex-
ational zone change. For further information please see the
attached staff report to the Planning Commission.
ENVIRONMENTAL REVIEW
Additional information was requested of the applicant and after
review a Negative Declaration was issued by the Land Use Planning
Manager and approved by the Planning Commission on November 24,
1982.
FISCAL IMPACT
There will be no direct fiscal impact on the City of Carlsbad
from approval of ZC-261.
EXHIBITS
1) Ordinance No.
2) Planning Commission Resolution No. 2051
3) Staff Report dated November 24, 1982 w/attachments
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ORDINANCE NO.
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 PREANNEXATIONAL
CHANGE OF ZONE FROM E-A TO PM, S-90 (COUNTY) TO RDM-Q
E-A TO RDM-Q AND S-90 TO R-1-10,000 ON PROPERTY GENERALLY
LOCATED SOUTH OF PALOMAR AIRPORT ROAD AND EAST OF ALTA
MIRA.
ZC-°61 - AGATEP
/*
The City Council of the City of Carlsbad, California does
7 lordain as follows:
8 SECTION 1: Title 21 of the Carlsbad Municipal Code is
Q amended by the amendment of the zoning map to grant a preannex-
ational change of zone (ZC-261) from E-A to PM, E-A and S-90 to
RDM-Q, and S-90 to R-1-10,000 on property as shown on the map
12 marked ZC-261 - Exhibit C, attached hereto and made a part hereof.
SECTION 2: This project is approved upon the express
14 condition that the applicant shall pay a public facilities fee as
15 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 May 27, 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.
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.
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INTRODUCED AND FIRST READ at a regular meeting of the
Carlsbad City Council held on the 21st day of December , 1982, and
thereafter
PASSED AND ADOPTED at a regular meeting of said City
Council heir1 on the 4th day of January , 1983, by the following
vote, to wit:
AYES: Council Members Casler, Lewis, Kulcnin, Chick and Prescott
NOES: None
ABSENT: None
/& -
MARY H. CASLER, Mayor
ATTEST:
ALETHA L. RAUTENKRANZ, City
(SEAL)
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rnivT>*4i Jfn\. VS 4*+* *^*\ "rf*"** W *•*•» C^^S r\ H 71"* /^**i 1 11 *\ r\ 1 -y**v V*PROPOSED ZOMH CHAuMGE
7\",-s;N ZC-261
P^'
UEXHIBIT
11/8/32
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CASE NO.: ZC-261
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WHEREAS, a verified application for certain property, to
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PLANNING COMMISSION RESOLUTION NO. 2051
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONE
CHANGE FROM E-A TO P-M(Q) FROM COUNTY OF SAN DIEGO S-90 TO
RD-M(Q) AND FROM COUNTY OF SAN DIEGO S-90 TO R-1-10,000(Q)
ON PROPERTY GENERALLY LOCATED ON THE SOUTHSIDE OF PALOMAR
AIRPORT ROAD, WEST OF LAUREL TREE LANE.
APPLICANT: AGATEP CORPORATION
wit:
A portion of Section 21 south, Range 4 west, San
Bernardino Meridian and a portion of Lot 6 of Rancho
Agua Hedionda according to Map No. 823
has been filed with the City of Carlsbad, and 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 24th day of
November, 1982, hold a duly noticed public hearing as prescribed by
law to consider said request; and
WHEREAS, at said public hearing, upon hearing and
considering all testimony and arguments, if any, of all persons
lesiring 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:
That the foregoing recitations are true and correct.
3) That based on the evidence presented at the public hearing,
the Commission recommends APPROVAL of ZC-261, based on the
following findings and subject to the following conditions:
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1) The proposed zone change to P-M(Q) is consistent with the
General Plan designation of PI since this designation is
applied to areas that are suitable for industrial development.
The proposed zone change to RD-M(Q) is consistent with the
General Plan designation of RM since a designation like this is
applied to an area that is suitable for multiple-family
residential development. The proposed zone change to
R-1-10,000(Q) is consistent with a General Plan designation of
RLM since a designation like this is applied to an area that is
suitable for single-family residential development.
7 2) The P-M(Q) zone is compatible with surrounding properties
3 because the properties to the north, east and west of the
subject property have been designated for industrial
9 development. The RD-M(Q) and R-1-10,OOO(Q) zones are
compatible with surrounding properties because the surrounding
10 properties have been designated for residential development at
similar densities.
11 3) The applicant has agreed and is required by the inclusion of
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Findings;
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.
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 November
12, 1982 which was approved by the Planning Commission on
November 24, 1982.
5) The proposed zone change is consistent with all other elements
of the General Plan.
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5) Prior to development of any of these parcels a site development
plan, specific plan or master plan must be approved by the City
of Carlsbad. At that time the City will be able to work with
the developer of these properties to prepare a development plan
that will address areas of concern such as compatability and
agricultural use.
londitions
1) Approval is granted for ZC-261, as shown on Exhibit "C" dated
November 8, 1982, incorporated by reference and on file in the
Land Use Planning Office.
?C RESO NO. 2051 .2
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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 April 2, 1982, on file wiht
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 May 27,
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 Development Plan,
Specific Plan or Master Plan must be approved by the City
Council.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Planning Commission of the City of Carlsbad, California, held on the
24th day of November, 1982, by the following vote, to wit:
AYES: Vice-Chairman Schlehuber, Commissioners Marcus,
Rombotis, Jose and Rawlins.
NOES: None.
ABSENT: Commissioners Farrow and Friestedt.
ABSTAIN: None.
CLARENCE SCHLEHUBER, Vice-Chairrnan
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J.-*OLZM1^LER,
LAND USE PLANNING MANAGER
PC RESO NO. 2051 .3
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STAFF REPORT
DATE: November 24, 1982
TO: Planning Commission
FROM: Land Use Planning Office
SUBJECT: ZC-261 - AGATEP CORPORATION - Request for a zone change
in confomance with the Land Use Element of the Carlsbad
General Plan for nine parcels with a combined area of
283.2 acres located south of Palomar Airport Road and
west of Laurel Tree Lane.
I. PROJECT DESCRIPTION
The applicant is requesting a zone change for nine parcels
located south of Palomar Airport Road and east of Alta Mira as
shown on Exhibit "A". The general plan for this area shows three
different land use designations, PI (Planned Industrial), RM
(Medium Density, 4-10 du/ac) and RLM (Low-Medium Density, 0-4
du/ac) as shown on Exhibit "B". Exhibit "C" shows the proposed
zoning for the site. Property designated on the general plan as
RM would be rezoned from E-A (Exclusively Agricultural) and S-90
(County) to RD-M(Q) (Residential Density Muitiple-Q Overlay).
Property designated RLM by the general plan would be rezoned from
S-90 to R-1-10,000(Q) (single family residential 10,000 square
foot minimum lot size-Q overlay). Property designated P-I would
be rezoned to P-M(Q) (Planned Manufacturing - Q Overlay).
The zone change for the five parcels currently zoned S-90 will be
a pre-annexational zone change as these areas are still in the
County. Four of these parcels will have split zoning (half
RD-M(Q) - half R-1-10,000(Q) as the general plan boundary splits
these parcels in two.
The parcels proposed for industrial zoning adjacent to Palomar
Airport Road are relatively flat. A bluff separates this area
from the residential area to the south. A large north-south
trending canyon runs through the w'esterly parcels. Most of the
properties that are still within the County consist of hillsides
gently sloping downward from east to west and are currently used
for agricultural purposes. All of the properties involved in
this zone change are surrounded by vacant land. The Sudan
Interior Mission retirement home is located on a 10.36 acre
parcel that is totally surrounded by the proposed zone change.
II. ANALYSIS
Planning Issues
1. Are the proposed zones PM, RD-M, and R-1-10,000
consistent with the PI, RM and RLM General Plan
designations?
2. Are the proposed PM, RD-M and R-1-10,000 zones and uses
allowed within these zones consistent with the
surrounding zoning and land uses?
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Discussion
The requested zone changes will be consistent with the General
Plan designations for these properties. Planned Industrial, P-M
is the implementing zone for an area with a general plan
designation of PI. Residential Density-Multiple, RD-M is the
zone generally used in implementing an area with a general plan
designation of RM. Single family residential, 10,000 square foot
minimum lot size is the implementing zone for an area with a
general plan designation of RLM.
Staff feels the proposed zone changes and the uses allowed
within these zones will be consistent with the surrounding
zoning and land uses. The properties to the north, west and
east of the property proposed for a zoning of PM have been
designated for industrial development. The properties to the
west and south of the parels that will be rezoned to RD-M are
zoned either RD-M or PC and are designated for similar density
of development. The property that is being rezoned to R-1-
10/000 is adjacent to other property that is designated for a
similar density of development.
The properties involved in this zone change are a part of the 380
acres which the California Coastal Commission has designated as
Site II for agricultural purposes. Specifically, they are
designated as subsidized Agricultural Lands and can be used for
agriculture, greenhouses and one single family dwelling per
existing legal parcel. The Commission gave the property owners a
development option encouraging a comprehensive plan which would
cluster development on a portion of the land while retaining the
remaining land in agriculture. The requested rezoning of these
properties (into Carlsbad) in accordance with their respective
general plan designation is the first step in creating a
comprehensively planned development. The creation of the above
mentioned plan will require additional descretionary hearings
(site development plans or a specific plan or a master plan) and
possible general plan amendments.
—.*>—
Staff recommends that the Q overlay be placed on this property to
insure that anyone working with these parcels in the future is
aware that a comprehensive development plan is required. In
addition, the northerly properties involved in this zone change
are within the Palomar Airport Influence Area. Properties within
this area are required to prepare a specific plan for
development. An environmental survey of these properties
recommended that the north-south trending canyon in the
northwesterly portion of the site be preserved in its natural
state, and that ->aleontological resources may exist on a
significant portion of the site. Overall staff can make the
required findings for a zone change and is, therefore,
recommending approval of ZC-261.
III. ENVIRONMENTAL REVIEW
Additional environmental information was required of the
applicant and as a result the Land Use Planning Manager has
determined that this project will not have a significant impact
on the environment and, therefore, has issued a Negative
Declaration on November 12, 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. 2051 recommending APPROVAL of ZC-261 to the
City Council based on the findings and subject to the conditions
contained therein.
ATTACHMENTS
1. PC Resolution No. 2051
2. Background Data Sheet
3. Disclosure Form
4. Environmental Documents
5. Exhibits "A-C" dated November 8, 1982
MHrbw
11/18/82
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BACKGROUND DATA SHEET
CASE NO: ZC-261
APPLICANT: Agatep Corporation
REQUEST AND LOCATION: Zone Change from E-A to P-M(Q) and County of San Diego
S-90 to City of Carload RD-M(Q) and R-1-10,OOO(Q), south of Palomar Airport
Road and west of Laurel Tree Lane.
LEGAL DESCRIPTION: A portion of Section 21 south, Range 4 west, San Bernardino
Meridian, and a portion of Lot 6 of Rancho Agua Hedionda according to Map No.
212-040-22,32,35-38
823 APN 214-140-7,8,9
Acres 283.2 Proposed No. of Lots/Units —-
GENERAL PLAN AND ZONING
Land Use Designation PI, RM, RLM
Density Allowed 0,4-10 du/ac, 0-4 du/ac Density Proposed 0,4-10 du/ac,0-4 du/ac
Existing Zone E-A & County S-90 Proposed Zone P-M(Q),RD-M(Q),
R-1-10,OOO(Q)
Surrounding Zoning and Land Use:
Zoning Land Use
Site E-A, County S-90 Agriculture & Vacant
North County Vacant
South PC Vacant
East County Vacant
, West PC Vacant
PUBLIC FACILITIES
School District Carlsbad Water Carlsbad Sewer Carlsbad EDU's
Public Facilities Fee Agreement, dated May 27, 1982
ENVIRONMENTAL IMPACT ASSESSMENT
X Negative Declaration, issued November 12, 1982 __^
E.I.R. Certified, dated
Other,
.,.Ihajr,further information Inquired, you will be so
APPLICANT: See Attached,
,'partnership, joint venture, corporation, syndication)
business Address
AGENT:
MEM3E3S:
Telephone Nuober
The Agatep Corporation
Name
P.O. Box 590, Carlsbad, CA 92008
Business Address
(714) "434-1056
Telephone Kunber
See Attached-
Name -(individual^ partner, joint
venture, corporation, syndication)
Home Address
Business Address
Telephone Number Telephone K'ju
Borne Address
Business Aaorass
Telephcr.s Kr~ber Telephone lumber
' ' "• (Attach more sheets if necessary/
I/We declare under penalty of perjury that the information contained in thin dis-
closure is true'and correct and that it will remain true and correct and may by
relied upon as being true and correct until amended.
Jttjent, O-.-'ner, Partner
Pat & Richard Kelly
2770 Sannycreek Road
Carlsbad, CA 92008
Nippon/KTS
c/o G & C Associates
17111 Kingview Drive
Carson, CA 90746
Joe & Hiroshi Ukegawa
c/o Vista Loma Properties
4218 Skyline Road
Carlsbad, CA 92008
Danny Abada, Attomey-in-Fact
c/o Beron Corporation
7094 Miramar Road, Ste. 113
San Diego, CA 92J.2L-
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Ben Hillebrecht
2170 Skyline Drive
Escondido, CA 92027
Joe Sherman
c/o Doug Drapper
3435 Wilshire Blvd., 30th Fl.
Los Angeles, CA 90010
jjr^^SITE IlJtROPERTY OWNERS
JUNE 24^1982
DEVELOPMENTAL
SERVICES
Xc
D Assistant City Manager
(714) 438-5596 '
D Building Department
(714) 438-5525
D Engineering Department
(714) 438-5541
D Housing 8. Redevelopment Department
3096 Harding St.
(714)438-5611
Planning Department
(714) 438-5591
Cit? of
I^"^f..,
1200 ELM AVENUE
CARLSBAD, CALIFORNIA 92008
PUBLIC NOTICE OF PREPARATION
PLEASE TAKE NOTICE:
The Land Use Planning Office of the City of Carlsbad intends to
prepare a Negative Declaration for the following project:
Project Description: Zone change for 10 parcels with an area of
approximately 340.7 acres. The properties involved will be zoned PM-
Q, RD--M-Q/ R-1-10,000-Q per their General Plan designation.
Project address/Location: Sxith of Palonar Airport Road and west of
Laurel Tree Lane.
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 Land Use Planning Office, 1200 Elm
Avenue, Carlsbad, CA 92008, no later than November 23, 1982.
DATED: November 2, 1982
CASE NO: ZC-261
APPLICANT: Agatep Corporation
PUBLISH DATE: November 6, 1982
-lUiJLa
MICHAEL J. HOLZMIELER,
Land Use Planning Manager
; ND 3
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DEVELOPMENTAL
SERVICES
D Assistant City Manager
(714) 438-5596
D Building Department
(714) 438-5525
D Engineering Department
(714) 438-5041
D Housing & Redevelopment Department
3096 Harding St.
(714)438-5611
D Planning Department
(714) 438-5591
Citp of
1200 ELM AVENUE
CARLSBAD, CALIFORNIA 92008
NEGATIVE DECLARATION
PROJECT ADDRESS/LOCATION:
Laurel Tree Lane.
South of Palomar Airport Road and west of
PROJECT DESCRIPTION: Zone Change for nine parcels with an area of
approximately 283.2 acres. The properties involved will be zoned P-M
(Q), RD-M(Q), and R-1-10,000(Q) per their General Plan designation.
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 Hall, 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: November 12, 1982
CASE NO: ZC-261
APPLICANT: Agatep Corporation
PUBLISH DATE: November 17, 1982
MICHAEL JV HOLZI4K.LER
Land Use Planning Manager
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LOCATION MAP
ASBPORT ROAD
11/3/32
GENERAL PLAN DEGS1GNAT10N
ROAD
EXHIB1T-"B"
11/8/32,
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