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HomeMy WebLinkAbout1983-02-01; City Council; 7280; Preannexational Zone changeCmQF CARLSBAD — AGENDQlLL /O AB#_ MTG..2/1/83 TITLE: PREANNEXATIONAL ZONE CHANGE FROM COUNTY S-90 TO E-A ZC-246 - BONS . HD. ATTY CITY MGR. <£>vo^D<Ti -S Q UJ OCEa.a. nCO ^ CM O 5 O OO RECOMMENDED ACTION: The Planning Commission and the staff are recommending that there 7 (>APPROVINGCity Council introduce Ordinance No. ZC-246. ITEM EXPLANATION This item is a preannexational zone change from County S-90 to E-A (Exclusive Agriculture) on 9.18 acres of land located on the east and west sides of El Camino Real approximately one mile north of Alga Road. The applicant's intent is to obtain zoning for the property which would allow for the annexation of the property into Carlsbad. The applicant has no plans for development at this time. The applicant originally requested a zone change to RDM. The Planning Commission and staff felt the RDM zone was premature at this time since the surrounding properties were vacant and since no development was proposed on the site. Staff suggested the E-A zone instead. The Local Agency Formation Commission has indicated that it would support the annexation of the property into Carlsbad with an E-A zone. The applicant also concurs with the E-A zone at this time. The zone is essentially a holding zone and eventually the applicant intends to rezone the property to allow development consistent with the general plan designation of RLM (0-4 du's/acre) and RM (4-10 du's/acre). 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 July 7, 1982, which was approved by the Planning Commission on January 12, 1983. A copy of the environmental documents is on file in the Land Use Planning Office. FISCAL IMPACTS The zone change itself will not create any fiscal impacts. At the time of development of the subject property, the applicant will provide all necessary public improvements and will pay a public facilities fee to offset the costs of providing public services to the property. EXHIBITS ordinance No./ tt>(* (p/ tt>(* (p B) PC Resolution No. 2067 C) Staff Report, dated January 12, 1983 w/attachments C 3 ORDINANCE NO. 9666 2 CARLSBAD MUNICIPAL CODE BY AMENDING THE ZONING 5 MAP TO CHANGE THE ZONE FROM COUNTY S-90 TO E-A (EXCLUSIVE AGRICULTURE) ON 9.18 ACRES LOCATED 4 ON THE EAST AND WEST SIDES OF EL CAMINO REAL APPROXIMATELY ONE MILE NORTH OF ALGA ROAD. APPLICANT; SONS CASE NO; ZC-246 The City Council of the City of Carlsbad, California does 7' ordain as follows: 8 SECTION 1: Title 21 of the Carlsbad Municipal Code is g amended by the amendment of the zoning map to grant a change of 10 17 18 19 20 21 22 23 24 25 26 27 28 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 21 OF THE zone (ZC-246) from County S-90 to E-A (Exclusive Agriculture) on property as shown on the map marked ZC-246 - Exhibit A, attached •J Ox 'hereto and made a part hereof. 1 SECTION 2: This project is approved upon the express 14.1A (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 incorpor- ated herein by reference, and according to the agreement executed by the applicant for payment of said fee a copy of that agreement dated August 18, 1982, is on file with the City Clerk and incorpor- ated 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 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. 1 2 3 7 INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the 1st day of February 1983, and thereafter PASSED AND ADOPTED at a regular meeting of said City Council held on the 15th day of February , 1983, by the following vote, to wit: AYES: Council Meiribers Casler, Lewis, Kulchin, Chick and Prescott NOES: None ABSENT: None 8 9 10 11 12 ATTEST. 13 14 ALETHA "IT."'"RAUTENKRANZ , City ClerkJLo 16 (SEAL) 17 18 19 20 21 22 23 24 25 26 27 28 MARY H. gASLER, Mayor 3 N o- S-90 TO b" E~A 8-9 Q (CO) 1 RUILE : ' TO : ALGA ROAD PC EXHIBIT A- C A S E N O. ZC JM6. H; //f$- VICINITY MAP & H 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 PLANNING COMMISSION RESOLUTION NO. 2067 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONE CHANGE FROM COUNTY S-90 TO CITY OF CARLSBAD E-A ON PROPERTY GENERALLY LOCATED ON THE EAST AND WEST SIDES OF EL CAMINO REAL APPROXIMATELY ONE MILE NORTH OF ALGA ROAD. APPLICANT: BONS CASE NO.: ZC-246 WHEREAS, a verified application for certain property, to wit: A portion of the south 10 acres of the Northeast Quarter of the Southwest Quarter of Section 23, Township 12 South, Range 4 west San Bernardino Base and Meridian 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 12th day of January, 1983, 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 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-246, based on the following findings and subject to the following conditions: 3 4 5 6 7 8 9 10 11 12 17 18 19 20 21 22 23 24 25 26 27 28 Findings; 1) The E-A Zone is consistent with the General Plan designation of RM and RLM since this zone is applied to an area that desires to annex into the City, is not ready to develop, and is being utilized for agricultural purposes. Further, the E-A zone allows uses that are less intense than uses that would be allowed in the RM and RLM designations and staff anticipates that the property will develop at a more intense level at the time future surrounding land uses are determined in the vicinity. 2) The E-A zone is compatible with surrounding properties since they are presently vacant and have not indicated that they desire to annex or develop in the near future and because the E-A zone only permits agricultural uses and single family dwellings. 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 Plan. 13 4) The Land use Planning Manager has determined that this zone 14 15 1983. 16 5) The proposed change of zone is consistent with all other change will not have significant impact on the environment and therefore has issued a Negative Declaration on July 8, 1982 which was approved by the Planning Commission on January 12, elements of the General Plan. Conditions: 1) Approval is granted for ZC-246 as shown on Exhibit "A", dated July 1, 1982 incorporated by reference and on file in the Land Use Planning Office. 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 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 August 18, 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. I//// ! //// PC RESO NO. 2067 .2 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on •z" the 12th day of January, 1983, by the following vote, to wit: AYES- Chairman Schlehuber, Commissioners Rawlins, _ Jose, Marcus, Rombotis and Farrow.o . NOES: None.6 „ ABSENT: Commissioner Friestedt. _ ABSTAIN: None.o 9 CLARENCE SCHLEHUBER, Chairman 10 CARLSBAD PLANNING COMMISSION 11 ATTEST: 13 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MICHAEL J. HOLZMILLER 4 LAND USE PLANNING MANAGER PC RESO NO. 2067 .3 7 APPLICATION SUBMITTAL DATE AQfST 18,' 1981 STAFF REPORT DATE: January 12, 1983 TO: Planning Commission FROM: Land Use Planning Office SUBJECT: ZC-246-BONS - Request for a preannexational zone change from County S-90 to City of Carlsbad E-A (Exclusively Agriculture) for three parcels on 9.18 acres of land located on the east and west sides of El Camino Real approximately one mile north of Alga Road. I. RECOMMENDATION It is recommended that the Planning Commission APPROVE the Negative Declaration issued by the Land Use Planning Manager and ADOPT Resolution No. 2067 recommending APPROVAL of ZC-246 (County S~90 to E-A) to the City Council based on the findings and subject to the conditions contained therein. II. PROJECT DESCRIPTION AND BACKGROUND The applicant is requesting a zone change from County S-90 to City of Carlsbad E-A (Exclusive Agriculture) on property located as described above. One of the three parcels is located on the west side of El Camino Real having 6.55 acres and the other two are on the east side of El Camino Real having a combined area of 2.63 acres. The properties are relatively flat and are presently being used for greenhouses and flower sales. The parcel on the west side of El Camino Real is designated RM (Residential Medium Density, 4-10 du/ac) by the General Plan. The two parcels on the east side of El Camino Real are designated RLM (Residential Low-Medium Density, 0-4 du/ac) by the General Plan. As shown by Exhibit "A", this requested preannexational zoning will result in a finger of city land protruding into a county island. Staff has suggested to the applicant that he involve some of the other property owners within the county island to join him in the zone change. The applicant has attempted to do so, but has been unsuccessful. A zone change request to RDM on this property was heard at the Planning Commission meeting of August 11, 1982. Staff and the Planning Commission at that time, indicated that the RDM zone was not appropriate because the surrounding properties were vacant and no development was proposed. The Planning Commission believed the L-C zone was more appropriate since it is a holding zone and would allow annexation of the property into the City. The applicant concurred with this recommendation and the item was continued to allow the staff to contact the Local Agency Formation Commission (LAFCO) to determine whether this zone v/as appropriate for annexation. o Since that time, staff has contacted LAFCO and has found that LAFCO would not approve an annexation of the property into the City with an L-C zone. Staff next suggested the E-A zone which would serve the same purpose of the L-C, i.e. to prevent intense development until such time as surrounding land uses and zoning are planned. Both LAFCO and the applicant concurred with this ANALYSIS Planning Issues 1. Is the proposed E-A zone consistent with the RM and RLM General Plan designations? 2. Is the proposed E-A zone, and uses allowed within this zone, consistent with surrounding zoning and land uses? Discussion Although the E-A zone is probably not the most desirable implementing zone, it would be consistent with the General Plan designations of RM (4-10 du/ac) and RLM (0-4) du/ac for this site for the following reasons: 1. The E-A zone is applied to an area that desires to annex into the City, is not ready to develop, and is being utilized for agricultural purposes. 2. The E-A zone is compatible with surrounding properties since they are presently vacant and have not indicated that they desire to annex or develop in the near future. The E-A (Exclusive Agriculture) zone provides for uses such as agriculture, which are customarily conducted in areas not yet appropriate or suitable for urban development. The E-A zone is being used in this case as a holding zone in place of the L-C zone. Since the E-A zone has a definite set of standards, LAFCO has indicated that it would be an appropriate pre-zoning for these properties for annexation purposes. The proposed E-A zone and uses allowed within it would be consistent with existing surrounding zoning and land uses. The E-A zone would allow the applicant to annex into the City and continue the existing agricultural uses on this site. After proper planning has been completed, the property can be rezoned in accordance with the General Plan to allow its development. III. ENVIRONMENTAL REVIEW 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 July 7, 1982. w ATTACHMENTS 1. Planning Commission Resolution No. 2067 2. Location Map 3. Background Data Sheet 4. Disclosure Form 5. Environmental Documents 6. Exhibit "A" & "B", dated July 1, 1982 MH: bw 1/4/83 w BACKGROUND DATA SHEET CASE NO: ZC-246 APPLICANT: BONS REQUEST AND LOCATION: Zone Change from S-90 (County) to E-A (Exclusive Agricul- ture) (City of Carlsbad) on the east and west sides of El Camino Real about one mile north of Alga Road , LEGAL DESCRIPTION: A portion of the south 10 acres of the Northwest Quarter of the Southwest Quarter of Section 23, Township 12 South, Range 4 west of the San Bernardino Meridian and Base. APN; 215-020-2,3,12 Acres 9.18 Proposed No. of Lots/Units 3 GENERAL PLAN AND ZONING Land Use Designation RM and RIM Density Allowed 4-10 du. ac./0-4 du. ac. Density Proposed —— Existing Zone County S-90 Proposed Zone Carlsbad E-A Surrounding Zoning and Land Use: Zoning Land Use Site S-90 County Vacant,Greenhouses,agriculture North S-90 County Vacant South S-90 County Vacant East PC Vacant West 5-90 County Vacant PUBLIC FACILITIES School District Carlsbad Water Carlsbad Sewer Carlsbad EDU's Public Facilities Fee Agreement, dated August 18, 1982 ENVIRONMENTAL IMPACT ASSESSMENT X Negative Declaration, issued July 7, 1982 E.I.R. Certified, dated Other, *—Attat. further informati,^ Is required, you will be so^J ed. " .^Mta.-• - • ... /^ *>***. APPLICANT:Anthony Rons Name (individual, partnership, joint venture^ corporation, syndication) .1124 Bluesacre Dr., San Marcos, CA. 92069 Business Address AGENT: Telephone Number The AGATEP Corporation Name 2956 Roosevelt Street, Carlsbad, CA 92008 Business Address 434-1056 Telephone Number MEMBERS: Narae -(individual, partner, joint venture, corporation, syndication) Home Address Business Address Telephone Number Telephone Number Ilaae Home Addxes: Business nacress Telephone Number Telephone Number ! (Attach more sheets if necessary) I/We declare ur.der 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.. Applican -.,,,4—„.-,„,aL DEVELOPMENTAL SERVICES D Assistant City Manager (714) 43S-S506 D Building Department (714) 433-5525 D Engineering Capartir.Rnt (714)438-5541 D Housing & Redevelopment Department 3C93 Harding St. (714)438-5511 JEMPlanning Department "^ (714)433-5591 City of Cartebab 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92003 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: Preannexational zone change from County S-90 to City of Carlsbad RD-M for three parcels with an area of approximately 9.18 acres. Project address/Location: East and west side of El Camino Real, approximately one mile north of Alga Road. 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 environmental review of this project. Your canments 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 July 7, 1982. DATED: June 17, 1982 CASE NO: ZC-246 APPLICANT: DONS PUBLISH DATS: June 23, 1982 MICHAEL J. HCLZMILnER Land Use Planning Manager ND 3 5/81 DEVFLOPMENTAl D Assistant City Munag-Jr (714)433-5593 D 3rt!nsnl D Engineering Department (714)438-5541 D .Housing & Redevelopment Department 3030 Harding St. (714) 435-531*. Q Planning Department (714)438-5591 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008 Citp of Cartebab NEGATIVE DECLARATION PROJECT ADDRSSS/LOCATION: East and west sides of El Camino Real, approximately one mile north of Alga Road PROJECT DESCRIPTION: Preannexational zone change from County S-90 to City of Carlsbad RD-M for three parcels with an area of approxi- mately 9.18 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 Planning Department. A copy of the Negative Declaration with supportive documents is on file in the Planning Department, City Hall, 1200 Elm Avenue, Carlsbad, CA. 920CS. Comments from the public are invited. Please submit comments in writing to the Planning Department within ten (10) days of date of issuance. DATED: July B, 1982 CASK NO: S3- 245 APPLICANT: SONS PUBLISH DATE: July 10, 1982 ftl'CHAEL J. HOLZ:MILL£R Land Use Planning Manager ND-4 5/81 /Y ENT ZONING P-C \\\\ GgNIERAL &M f\, 4't'^- ^^>^^W^~;CS.ifet^^^^^'^sz^ftf*'•'''••*^yw*«»* ?^::&ft&ft&M / ^^ JJ'w\, : f 4' • EXHIBIT-'B"