HomeMy WebLinkAbout1983-02-01; City Council; 7280; Preannexational Zone changeCmQF CARLSBAD — AGENDQlLL /O
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TITLE: PREANNEXATIONAL ZONE CHANGE FROM
COUNTY S-90 TO E-A
ZC-246 - BONS
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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
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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
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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.
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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
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12 ATTEST.
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ALETHA "IT."'"RAUTENKRANZ , City ClerkJLo
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MARY H. gASLER, Mayor
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S-90
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(CO)
1 RUILE
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ALGA ROAD
PC
EXHIBIT A-
C A S E N O. ZC JM6.
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VICINITY MAP
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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:
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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.
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4) The Land use Planning Manager has determined that this zone
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1983.
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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.
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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
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CLARENCE SCHLEHUBER, Chairman
10 CARLSBAD PLANNING COMMISSION
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ATTEST:
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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.
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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.
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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
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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
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