HomeMy WebLinkAbout1983-04-19; City Council; 7359; Preannexational Zone Change - Wardc
LE# 7354 1) PREANNEXATIONAL ZONE CHANGE FROM
IITG. 4/19/83
IEPT.
COUNTY A-70 TO P-C AND 2) MASTER PLAN AMENDMENT LOCATED AT THE WEST END OF GLASGOW; ZC-273/MP-l50(D) - WARD PLN
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ITEM EXPLANATION:
This item consists of a preannexational zone change to P-C (Planned Community) and an amendment to the Lake Calavera Hills
Master Plan for 4.22 acres of property located as described above. At the Planning Commission meeting, a five lot tentative tract map and planned unit development was approved concurrently with these applications.
A portion of the property is currently within the city of
Carlsbad. This application would establish a P-C zone on the remainder of the lot and expand the Calavera Hills Master Plan boundary to encompass the entire property. Both the zone change and the master plan amendment are consistent with the General Plan and the Calavera Hills Master Plan.
An issue that arose was the addition of a condition of approval to the Master Plan relating to the pending litigation between the City of Carlsbad and the Lake Calavera Hills Associates involving Tamarack Avenue reimbursement (Condition No. 2 of Resolution No. 2095). The applicant issued a statement indicating his concerns with the new condition which is attached for your review (Exhibit "B") .
ENVIRONMENTAL REVIEW
The Land Use Planning Manager has determined that this project will not cause any significant environmental impacts an'd, therefore, has issued a Negative Declaration, dated March 11,
1983, which was approved by the Planning Commission on March 23, 1983. A copy of the environmental documents is on file in the Land Use Planning Office.
FISCAL IMPACTS
At the time of development, the applicant will provide all required public improvements to serve the project. In addition, the applicant has agreed to pay a public facilities fee to offset the cost of providing other public services to the project.
EXHIBITS
1) Exhibit 'IC" , dated March 23, 1983 2) Exhibit "A", dated January 21, 1983
-0s. 2095 and 2096 3) Ordinance Nos. and 4) Planninq Commission Resolution 5) Staff Report, dated March 23, 1983, w/attachments
EXHIBIT 1'
ZC-273
EXHIBIT C .
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ORDINANCE NO. 9682
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
BOUNDARIES OF THE LAKE CALAVERA HILLS MASTER PLAN TO INCLUDE A 3.94 ACRE PARCEL ON THE SOUTH END OF GLASGOW ADJACENT TO TAMARACK AVENUE. APPLICANT: WARD CASE NO. MP-ISO(D)
CALIFORNIA, AMENDING ORDINANCE NO. 9613 TO EXPAND THE
The City Council of the City of Carlsbad, California, does
xdain as follows: I
SECTION 1: That Ordinance No. 9613 is hereby amended by .
expanding the Lake Calavera Hills Master Plan by including a 3.94
acre parcel on the property located on the south end of Glasgow
adjacent to Tamarack Avenue.
SECTION 2: That the findings and conditions of the
Planning Commission contained in Resolution No. 2095 constitute the
findings and conditions of the City Council in this matter.
0 SECTION 3: That amended Master Plan MP-l50(D) is approved
subject to all applicable requirements of the Carlsbad Municipal
Code and to the satisfaction of the conditions imposed by previous
approvals of said plan.
SECTION 4: The amendments specified in Section 1 shall be
incorporated into the official Calavera Hills Master Plan as
approved by Ordinance No. 9613 on file with the City Clerk, within
30 days of the effective date of this ordinance. When such
incorporation is accomplished the City Manager shall so certify.
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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
adopt ion . ////
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INTRODUCED AND FIRST &AD at a regular meeting of the
:arlsbad City Council held on the 19th day of April, 1983 and
hereafter
PASSED AND ADOPTED at a regular meeting of said City
Zouncil held on the 3rd day of May, 198.3 by the following vote,
$ to wit:
AYES: Council bkmbers Casler, Iewis, Ku,lchin, Chi& and Prescott
NOES: None
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ABSENT: None
MARY H. gASLER, Mayor
ITTEST :
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1LETHA L. mUTENK
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ORbINANCE NO. 96*3
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 FROM A-70 (COUNTY) TO P-C
ON 3.94 ACRES ON PROPERTY GENERALLY LOCATED AT THE SOUTH END OF GLASGOW ADJACENT TO TAMARACK AVENUE. APPLICANT: WARD CASE NO. ZC-273
The City Council of the City of Carlsbad, California, doe
ordain as follows: 4
SECTION 1: Title 21 of the Carlsbad Municipal Code is
amended by the amendment of a zoning map from A-70 (County).to P-C
(Planned Community) on property as shown on the map marked ZC-273
Exhibit "C", attached hereto and made a part hereof.
SECTION 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 August 29, 1979, ani
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 January 17, 1983, is on file with the City Clerk
and incorporated herein by reference.
promised, this application will not be consistent with the Genera!
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.
If said fee is not paid as
. EFFECTIVE DATE: This ordinance shall be effective thirtj
days after its adoption, and the City ClerkLshall 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
adopt ion .
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INTRODUCED AND FIRST &AD at a regular meeting of the
sbad City Council on the 19th day of April, 1983, and
thereafter
PASSED AND ADOPTED at a regular meeting of said City
Zouncil held on the 3rd day of May, 198.3, by the following vote,
to wit: I
AYES: Council Mmt'hers Cas&, IEsds, Kulchin, # Chick and Preset
NOES: None
ABSENT: Nme de,,
MARY H . CHSLER, Mayor
ATTEST:
&ct& d-p-
ALE-THA L. RAUTENKMNZ, City Clerk
(SEAL)
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+@-273
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PLANNING COMMISSION RESOLUTION NO. 2095
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A MASTER PLAN AMENDMENT TO EXPAND THE BOUNDARIES OF THE CALAVERA HILLS MASTER PLAN AREA ON PROPERTY GENERALLY LOCATED ON THE SOUTHERLY END OF GLASGOW DRIVE ADJACENT TO
TAMARACK AVENUE. APPLICANT: ROY J. WARD COMPANY CASE NO: MP-15O(D)
WHEREAS, a verified application for certain property, to
Lot 29 of Calavera Hills according to Map No. 9335 filed December 16, 1982, and a portion of Lot ''E" of Rancho Agua Hedionda according to Map 823 filed November 16, 1896,
has been filed with the City of Carlsbad, and referred to the
Planning Commission; and
WHEREAS, said verified application constitutes a request
provided by Title 21 of the Carlsbad Municipal Code;,and
WHEREAS, the Planning Commission did, on the 23rd day of
March, 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 Master Plan; 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 MP-l50(D), based on the following findings and subject to the following conditions:
Findinus:
1) The master plan amendment will allow this property to develop in accordance to its General Plan designation for the reasons
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outlined in the staff report,
2) The master plan amendment will not adversely effect the existing single family development to the north and east for
the reasons outlined in the staff report,
3) This project will not cause any significant environmental
impacts and a Negative Declaration has been issued by the Lanc Use Planning Manager on March 11, 1983, and approved by the Planning Commission on March 23, 1983,
General Conditions:
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Approval of Master Plan 150(D) is granted subject to the approval of ZC-273 and CT 83-3/PUD-51.
The City is defending two lawsuits which seek to collect damages and reimbusement for the cost of constructing
Tamarack Avenue from El Camino Real to the boundaries of the Lake Calavera Hills master plan area (MP-l50(A)) as such boundaries existed prior to this amendment. The City believes these cases are without merit and that no damages or reimbursements are owed. However, if reimbursement or damages are ordered, awarded or established, this applicant as the owner of property benefitted by the road, prior to obtaining a final map for the subject property, shall execute
an agreement with the City whereby the applicant covenants to pay its proportionate share of any reimbursement or damages, ordered, awarded, or established as a result of these or other similar lawsuits.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the
Planning Commission of the City of Carlsbad, California, held on
the 23rd day of March, 1983, by the following vote, to wit:
AYES :
NOES :
ABSENT :
ABSTAIN:
CLARENCE SCHLEHUBER, Chairman
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. HOLZMILLER
LAND USE PLANNING MANAGER
PC RES0 NO. 2095 3.
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PLANNING COMMISSION RESOLUTION NO 2096
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A ZONE CHANGE FROM COUNTY-A-70 TO CITY OF CARLSBAD P-C ON PROPERTY GENERALLY LOCATED ON THE SOUTH END OF GLASGOW DRIVE. APPLICANT: ROY J. WARD COMPANY CASE NO: ZC-273
WHEREAS, a verified application for certain property, to
wit:
Lot 29 of Calavera Hills according to Map No. 9335 filed December 16, 1982, and a portion of Lot "E" of Rancho Agua Hedionda according to Map 823 filed,November 16, 1896,
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 theA 23rd day of
March, 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, thc
Commission recommends APPROVAL of ZC-273, based on the following findings and subject to the following conditions:
Find i ng s :
1) The proposed change of zone to P-C is consistent with the General Plan designation of RLM since a designation like this
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is applied to an area that is suitable for single family residential development.
The proposed P-C zone is compatible with the surrounding properties since the properties to the north and east are zoned P-c.
The proposed change of zone to P-C is appropriate because the subject property will become a part of the Calavera Hills Master Plan area, all of which is zoned P-C.
The project is consistent with all City public facility pol- icies and ordinances since 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.
This project will not cause any significant environmental impacts and a Negative Declaration has been issued by the Land Use Planning Manager on March 11, 1983 and approved by the Planning Commission on March 23, 1983.
The proposed change of zone is consistent with all other elements of the General Plan.
General Conditions:
1) Approval is granted for 2C-273, as shown on Exhibit "A", dated February 21, 1983, incorporated by reference and on file in the Land Use Planning Office. Development shall occur sub-
stantially as shown unless otherwise noted in these condi- t ions.
4) 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
January 17, 1983, is on file with the City Clerk and incorpo- rated 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 RES0 NO. 2096 2.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the
Planning Commission of the City of Carlsbad, California, held on
the 23rd day of March, 1983, by the following vote, to wit:
AYES :
NOES :
ABSENT :
ABSTAIN :
CLARENCE SCHLEHUBER, Chairman
CARLSBAD PLANNING COMMISSION
ATTEST :
MICHAEL J. HOLZMILLER
LAND USE PLANNING MANAGER
PC RES0 NO. 2096 3.
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DATE :
TO:
FROM:
SUBJECT :
STAFF REPORT
BU -PLICATION SUBMITTAL DATE :
JANUARY 21, 1983
March 23, 1983
Planning Commission
Land Use Planning Office
CT 83-3/PUD-5l/ZC-273/MP-l5O(D) - ROY J. WARD COMPANY - A request for a five-lot tentative tract map and planned unit development along with a preannexational zoning and master plan amendment on property located at
the southerly end of Glasgow Drive adjacent to Tamarack Avenue in the P-C zone.
I. RECOMMENDATION
It is recommended that the Planning Commission APPROVE the
Negative Declaration issued by the Land Use Planning Manager and adopt Resolution No. 2094 APPROVING CT 83-3/PUD-51 and, Resolu- tions Nos. 2096 and 2095, recommending APPROVAL of ZC-273 and MP-l50(D) to the City Council based on the findings and subject to the conditions contained therein.
11. PROJECT DESCRIPTION
The applicant requests approval of a five-lot tentative tract map and planned unit development along with a preannexational zone .change and master plan amendment located as described above. The proposed project will be located on an irregularly shaped 4.22 acre parcel and have a density of 1.2 dwelling units per acre.
This density.is within the General Plan range designated for this site of 0-4 dwelling units per acre.
The majority of this site consists of 2:l slope, going down to Tamarack Avenue. The portion of this property adjacent to
Glasgow Drive has been graded flat and would only require minor modifications for the construction of single family homes. The properties to the north and east of the subject property are occupied by single family dwellings recently constructed by Pacific Scene.
As'shown by Exhibit "A," the portion of this lot adjacent to
Glasgow Drive is within the City of Carlsbad and was designated as Lot 29 by the final map for CT 72-12. The applicant is
requesting a preannexational zoning of P-C for the remainder of the subject property which is located in the county. A preannex- ational zoning of P-C and a master plan amendment to expand the boundaries of the Calavera Hills' Master Plan will allow this project to become part of the Calavera Hills Master Plan.
111. ANALYSIS
1. Does the project conform with the development standards and design criteria of the Planned Development Ordinance?
Is the proposed master plan amendment and preannexational zone change consistent with the General Plan designation for this site?
2.
3. Will the uses permitted by the master plan amendment and
preannexational zone change be consistent with surrounding uses?
Discussion
Development Standards and Desiqn Criteria
This project conforms with the development standards and design criteria of the Planned Development Ordinance. Each of the lots will be developed per the standards of the R-1 zone. These
standards require that each unit have a two-car garage with a minimum dimension of twenty feet. These garages will provide
adequate space to park two cars as well as provide all of the required storage space. One of the conditions of approval requires that each of the lots be developed with a level rear yard with a minimum dimension of fifteen feet to provide adequate recreation area.
Zone Change and Master Plan Amendment
The proposed preannexational zoning of P-C and master plan amendment are consistent with the General Plan designation of RLM, Residential Low Medium density (0-4 du/ac) for this site. The proposed zone change to P-C will allow this parcel to annex
into the City of Carlsbad, become a part of the Calavera Hills Master Plan and be developed with single family homes. As mentioned previously, a Master Plan Amendment is required to expand the boundaries of the Calavera Hills Master Plan to
include the portion of the subject property that is being annexed.
The uses permitted by the proposed zone change and master plan amendment will be compatible with the existing single family homes to the north and east. As mentioned previously, this project will be incorporated into CT 76-12, the Colony. One of the conditions of approval requires that the five lots created by
this subdivision become a part of the Colony homeowners associ- ation. In addition, any units constructed on these lots will have to be approved by the Arch.itectura1 Review Board of the
Colony's homeowners association.
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In summary, staff feels that the proposed project is compatible with the development standards and design criteria of the Planned Development Ordinance. In addition, the proposed zone change and master plan amendment are in conformance with the General Plan
and will not have an adverse impact on the adjacent residences; therefore, staff recommends approval of this project.
IV. ENVIRONMENTAL REVIEW
The Land Use Planning Manager has determined that this project will not have a significant effect on the environment and, therefore, has issued a Negative Declaration on March 11, 1983.
ATTACHMENTS
1. Planning Commission Resolutions Nos. 2094, 2095, and 2096
2. Location Map 3. Background Data Sheet
4. Disclosure Form
5. Environmental Documents 6. Letter dated March 10, 1983 7. Reduced Exhibit
8. Exhibit "A" dated January 21, 1983
MH:kb
3/16/83
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BACKGROUND DATA SHEGT
CASE NO: CT 83-3/PUD-5l/ZC-273/MP-l5O(D)
APPLICANT: raoy J. Ward Ccanpany
REQUEST AND IIX'ATION: Five-unit tentative tract map and planned unit develop
ment requiring preanna.3tiona.l zoning and a master plan amendment at the
southerly terminus of Glasgaw Drive.
LEGAL DESCRIPTION: Lot 29 of Calavera Hills according to Map thereof No. 9935
.' filed December 16, 1982, and a portion of I;ot "E" of Rancho Agua Hedionda.
- APN: 208-112-6 Acres 4.22 Proposed No. of I;ots/Units 5
GENERAL PLAN AND ZONING
Land Use Designation RIM
Density Allowed 0-4 Density Proposed 1.2 du/ac
Existing Zone pc/county wed Zone P-c
Surmunding Zoning and Land Use:
Zonina
Site pc/county
south county
East P-c
west P-c
Land use
Vacant
SED
Vacant
PU5LIC FACILITIES
SFD
. Vacant
, School District Carlsbad Water Carlsbad Sewer Carlsbad EDU's
Public Facilities Fee Agreement, dated January 17, 1983
ENvIFi€)wmnAL IMPACT ASSESSMENT
X Negative Declaration, issued March 11 , 1983
E.I.R. Certified, dated -
Other,
..A& UILb-L .................. 4-- . -*, .that further infomation i equired, you will be so advi . ._ .
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APPLICANT : ROY J. WARD CO.
Nae (individual, partnership I joint venture, corpration, syndication) ..
* 3065 MADISOE: 'STREET CkLSBAD, CA * 92008
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X/We dec1P'e uzder penalty 'Of perjury that th? infornation contniced in this dis- .closure is tno and correct and that it will remain true and correct and nay be'
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STATEMENT REGARDING CONDITION 26 TENTATIVE MAP CT83-3/PUD-51
CONDITION 26 WAS ADDED TO THE BY THE CITY ATTORNEY'S OFFICE AFTER THE D.C.C. REVIEW WITHOUT CONSULTATION OR PRIOR KNOWLEDGE AFFORDED TO THE APPLICANT.
DUE TO THE PENDING LITIGATION INVOLVING THE CITY OF CARLSBAD AND A COMPANY MANAGED BY THE APPLICANT THE FOLLOWING STATEMENT SHOULD BE INCLUDED IN THE RECORD OF THIS MEETING AND PUBLIC HEARING.
CONDITIONS FOR THIS TENTATIVE MAP
THAT THE INCLUSION OF THIS CONDITION As A CONDITION OF THIS TENTATIVE MAP APPROVAL DOES NOT CONSTITUTE
APPROVAL OR DISAPPROVALIOF THIS CONDITION BY THE APPLICANT; AND BY ITS INCLUSION IT SHALL NOT BE CONSTRUED AS AN ACQUIESNCE BY THE APPLICANT OR ANY OF ITS AFFILIATES OR ASSOCIATES,OF THE PROPRIETY, LEGALITY COMPLIANCE WlJH ANY STATUTORY REQUIREMENTS OF THE CITY OF CARLSBAD,IN RELATION TO THE PENDING LITIGATION BETWEEN THE CITY OF CARLSBAD AND LAKE CALAVEFMS HILLS ASSOCIATES INVOLVING TAMARACK AVENUE REIMBURSEMENT.
Carlsbad Journal
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Proof of Publication
STATE OF CALIFORNIA, ss,
COUNTY OF SAN DIEGO,
I am a citizen of the United States and a resident of the county aforesaid;
I am over the age of eighteen years, and not a party to or interested in the above entitled matter.
I am principal clerk of the printer of the Carlsbad Journal a newspaper of general circulation,
published twice weekly in the City of Carlsbad, County of Sun Diego, State of California, and which
newspaper is published for the dissemination of local news and intelligence of a general character, and
which newspaper at all times herein mentioned had and still has a bona fide subscription list of paying
subscribers, and which newspaper has been established and published at regular intervals in the said
City of Carlsbad, County of San Diego, State of California, for a period exceeding one year
next preceding the date of publication of the
notice hereinafter referred to; and that the notice
of which the annexed is a printed copy, has been
published in each regular and entire issue of said
newspaper and not in any supplement thereof on
the following dates, to-wit:
NOTICE OF PUBLIC HEARING
with a preannexational zone change and master plan amtnd-
MP-150(D)/ZC-2'73/PUD-5l/CT 83-3 ~~~~s~~~~~~~~~~~~~
Drive adjacent to Tamarack Ave- nue, and more particularly de- scrim as:
NOTICEIS HEREBYGIVENthat the City Council ofthe CityofCarls- bad will how a publlc hearidg at
Elm Avenue,'Carlsbad. Callfornia, at 6 00 P M. on Tuesday, April IS.
the City Co$dcil Chambers. 1200
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APPLICANT ALRO---
CJ 5276 April 9,1983'
I certify under penalty of perjury that the foregoing is true
and correct. Executed at Carl ty of San Diego, State of California on day of finrjl 1983 /'
d, C %%e 4't'h
2M-4/82
Roy J. Ward
3065 Madison Street
Carlsbad, CA 92008
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d JAY C. FIKES
3390 DONW DRIVE
URLS.BAD, CA 92008
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DON BOWER P. 0. DRAhtK 792 j
: OXWD, CA 93030
c
VIRGINIA ROBERTSON
4656 EL CAMINO REAL
CARLSW, CA 92008
LAKE CALAVERAS HILLS ASSOCIATES
1207 ELM AVE. STE. D
CARLSBAD, CA 92008 J
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LAND USE PLP?"tNG 0FF:JCS CITY OF CARLSSAC 1200 ELM AVE.
CAXSCAD, CA 92008
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TREETOPS UNLIMITED 3
C/O PACIFIC SCENE, INC.
3900 W\RNEY ST.
SAN DIEGO, CA 92110
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