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HomeMy WebLinkAbout1983-09-20; City Council; 7503-A; Request to amend general plan from RRE to TSCI7 OF CARLSBAD - AGEND BILL AB* 7:5-0 ^3 -A MTG 9/20/83 DEPT PLN TITLE! PPOFTPCT TT\ AMJTMn ("T7MTTOAT T3T RM CTJTIM t>T3T?111 **"» KdyUEiOl 1VJ /VlCiINU latUNEilVlLi JrLiftN rWJP'l KKti TO TS - GPA/LU 83-1 PALOMAR & COMPANY DEPT. HD'. J^i. CITY ATTY Wy? ftlTY MGR. og< J o oo RECOMMENDED ACTION: The Planning Commission and Staff are recommending that the City Council direct the Attorney's Office to prepare documents APPROVING GPA/LU 83-1. ITEM EXPLANATION The applicant is requesting an amendment to the Land Use Element of the General Plan to change property located on the east side of Avenida Encinas near the intersection of Palomar Airport Road, from Extensive Regional Retail (RRE) to Travel Service (TS). The Planning Commission and staff feel that the proposed use is appropriate and that the site meets all the criteria for the Travel Service use. Approval of this request would eliminate the last undeveloped parcel of RRE which provides for large size low volume type items such as auto or boat sales. There has been little interest in the development of this area under the RRE designation. A final concern for the request involved traffic. Projected volumes indicate some problems could occur at the Palomar Airport Road on-ramps. The Planning Commission and staff felt that this problem could be regulated at the site development plan level. FISCAL IMPACT The applicant will provide all required improvements at the time development occurs and has agreed to pay a public facilities fee to offset the costs of providing all other public services. ENVIRONMENTAL REVIEW The Land Use Planning Manager issued a negative declaration for this project which was approved by the Planning Commission on August 24, 1983. EXHIBITS 1) Location Map 2) PC Resolution No. 2168 3) Planning Commission Staff Report dated 8/24/83 w/attachments :;i '•if" 1 fr-*iU , •) '-. "'JW PEA SOUP ANDERSEN'S PALOMAR AMD CO.GPA/LU 83~1 3 4 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 2168 o A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF AN AMENDMENT: TO THE LAND USE ELEMENT OF THE GENERAL PLAN FROM EXTENSIVE REGIONAL RETAIL (RRE) TO TRAVEL SERVICE (TS) ON 3.8 ACRES OF PROPERTY GENERALLY LOCATED BETWEEN INTERSTATE 5 AND AVENIDA ENCINAS APPROXIMATELY 700 FEET NORTH OF PALOMAR AIRPORT ROAD. APPLICANT: PALOMAR & CO. CASE NO.; GPA/LU 83-1 7 WHEREAS, a verified application for an amendment to the Q General Plan designation for certain property located, as shown on 9 Exhibit "A", dated July 26, 1983, attached and incorporated herein, have been filed with the Planning Commission; and WHEREAS, said verified applications constitute a request 12 for amendment as provided in Title 21 of the Carlsbad Municipal 13 Code; and 14 WHEREAS, the Planning Commission did, on the 24th day of 15 August, 1983, hold a duly noticed public hearing as prescribed by 16 law to consider said request; 17 WHEREAS, at said public hearing, upon hearing and is"considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the General Plan Amendment. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad, as follows: A) That the above recitations are true and correct. B) That in view of the findings made and considering the applicable law, the decision of the Planning Commission is to recommend APPROVAL of GPA/LU 83-1, as shown on Exhibit "A", dated July 26, 1983. 1. The property is physically suitable for Travel Service uses 5 because it is highly visible and easily accessible from Interstate 5 and Palomar Airport Road. 4 2. The uses allowed in the proposed, Travel Service, land use 5 designation are compatible with the future surrounding land uses for the reasons stated in the staff report. 6 3. "The project is consistent with all City public facility 7 8 9 10 11 12 13 14 15 18 19 20 24 Findings; policies and ordinances since: a. Sewer service is not required for this project and subsequent development of the property will require the availability of sewer service to serve such development or construction cannot occur. b. 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. 4. This project will not cause any significant environmental impacts and a Negative Declaration has been issued by the Land Use Planning Manager on July 12, 1983, and approved by the Planning Commission on August 24, 1983. 16 PASSED, APPROVED AND ADOPTED at a regular meeting of the 1?Planning Commission of the City of Carlsbad, California, held on the 24th day of August, 1983, by the following vote, to wit: AYES: Chairman Schlehuber, Commissioners Rombotis, Farrow, Lyttleton, Friestedt and Rawlins. NOES: None. 21 ABSENT: Commissioner Marcus. 22 ABSTAIN: None. 23" CLARENCE SCHLEHUBER, Chairman CARLSBAD PLANNING COMMISSION 25 ATTEST: 26 ' 27 28 MICHAEL J. LAND USE PLANNING MANAGER PC RESO NO. 2168 STAFF REPORT DATE: August 24, 1983 TO: Planning Commission FROM: Land Use Planning Office SUBJECT: GPA/LU 83-1 PALOMAR & CO. - A request to amend the Land Use Element of the General Plan from Extensive Regional Retail (RRE) to Travel Service (TS). I. RECOMMENDATION It is recommended that the Planning Commission APPROVE THE Negative Declaration issued by the Land Use Planning Manager and ADOPT Resolution No 2168 recommending APPROVAL of GPA/LU 83-1 based on the findings contained therein. II. PROJECT DESCRIPTION The applicant is requesting an amendment to the Land Use Element of the General Plan from Extensive Regional Retail (RRE) to Travel Service (TS) on property located between Avenida Encina's and Interstate 5 approximately 600 feet north of the intersection of Interstate 5 and Palomar Airport Road. The subject property has an area of 3.8 acres and is vacant at the present time. The site is presently divided into three zones P-M, C-l and R-A-10,000. The properties to the south and west are vacant while the properties to the north are occupied by industrial office uses. As the Commission will recall, a similar General Plan Amendment was approved for the property directly to the south of the subject property at the April 13th Planning Commission meeting. III. ANALYSIS Planning Issues 1. Is the proposed Land Use Amendment to Travel Service an appropriate use of the site? 2. Would the proposed General Plan Amendment adversely impact the surrounding properties? Discussion Staff feels the proposed General Plan Amendment from Extensive Regional Retail to Travel Service is an appropriate use for this site. One of the General Plan policies for Travel Service areas is to locate them so they are highly visible and readily accessible from major transportation corridors. The subject property is highly visible from Interstate 5 and easily accessible from Interstate 5 and Palomar Airport Road. The intersection of Palomar Airport Road and Interstate 5 is developing into a major Travel Service area. The Land Use Element of the General Plan requires that Travel Service areas have a minimum of five acres to provide for a full range of travel services. The subject property has an area of 3.8 acres. However, the properties immediately to the south that were recently designated TS have an area of 2.16 acres. If the subject property is designated TS, there will be approximately 6 acres of travel service at the northwest corner of Interstate 5 and Palomar Airport Road. The Commission should be aware that approval of the proposed amendment would eliminate one of the last vacant parcels designated RRE, Extensive Regional Retail in the City of Carlsbad. Two or three vacant parcels within Car Country also have this designation, but Staff has been informed that these parcels are not available because their owners already have development plans for them. The RRE, Extensive Regional Retail, designation is to permit commercial uses that deal in large, low volume, high cost items such as automobiles, furniture, boats, mobile homes and lumber and building materials. Developers have not shown any interest in developing the subject property for that type of use. As mentioned previously, it appears that this area of the City is developing into a major Travel Service area. In addition, .Staff feels that the size of the subject property, 3.8 acres would make it difficult to locate an extensive regional retail type use on the site. Staff feels it is doubtful that there is any demand for such a use to be located at this site. If the demand arises for this type of use it would be appropriate to redesignate a larger parcel in an appropriate location within the City. During the environmental review process Staff had concerns regarding possible traffic congestion that could be created if the subject property was developed for travel service uses. On August 11, 1983, Robert Sargent of Willdan and Associates prepared a traffic analysis addressing the subject property as well .as the property immediately to the south. The report took into consideration traffic that would also be generated by the "Sheraton Hotel" which was proposed adjacent to the Lanikai Lane Mobile Home Park. This report analyzed two development alternatives for the subject properties. -2- Alternatives Alternative 1 Alternative 2 Parcel Land Use 1 Service Station (existing) 2 Restaurant 3 Restaurant Hotel/Motel Dinner Theater 1 . Service Station (existing) 2 Restaurant 3 Restaurant (2) Dinner Theater Intensity 0.78 ac. 8,000 sq.ft. 8,000 sq.ft. 150 rooms 450 seats 0.78 ac. 8,000 sq.ft. 2 x 8,000 = 16,000 sq.ft. 450 seats This report showed that the level of service for the intersections affected by the proposed project would be operating at a Level of Service C or better with full development of the General Plan. Level C is the desired level of service for suburban areas. On August 18, 1983, a revised traffic analysis prepared by Robert Sargent was submitted to the City. This revised analysis also addressed two development alternatives. Both of these alternatives replaced the service station with a 3,500 square foot fast food restaurant. Alternative 1 Alternative 2 Alternatives Parcel Land Use 1 Restaurant (Fast-Food) 2 Restaurant (Sit-Down) 3 Hotel/Motel Dinner Theater 1 Restaurant (Fast-Food) 2 Restaurant (Sit-Down) 3 Restaurant (Sit-Down) Dinner Theater Intensity 3,500 sq.ft. 8,000 sq.ft. 150 rooms 450 seats 3,500 sq.ft. 8,000 sq.ft. 2x8,000 sq.ft. =16,000 sq.ft. 450 seats The revised analysis showed that a Level of Service D is the projected operating condition for the intersection of Palomar Airport Road and the northbound 1-5 ramps. Level of Service D represents unstable flow, little freedom to maneuver and low comfort and convenience. LEVELS OF SERVICE Adopted Future(8/11 Report)1 Future(Supp.Rpt)2 Existing GPA Alt.1 Alt.2 Alt.1 Alt.2 Avenida Encinas A B C C C C Southbound 1-5 Ramps A A A A B B Northbound 1-5 Ramps AC C C D D Staff believes Travel Service is an appropriate General Plan designation for the subject property. However, a fast food restaurant or other high traffic generating use would not be appropriate at the site of the existing service station. The traffic reports also pointed out that if high traffic generating uses were constructed on the subject properties before complete buildout of the adjacent roads certain improvements may be required. These improvements would include the dedicating/widening of Palomar Airport Road and Avenida Encinas and the freeway ramps. The exact level of the improvements needed to maintain an acceptable level of services will have to be made at the time a site development plan is submitted. Staff does not feel that approval of this General Plan Amendment itself would have an adverse impact on the surrounding properties. The property to the south is already designated T-S, while the properties to the north and west are designated P-M. None of the uses permitted by these designations should be adversely impacted by travel service type uses. Prior to any construction taking place on the subject property it will be necessary to rezone the property, probably to CT-Q, and submit a site development plan for the approval of the Planning Commission. Overall Staff feels that the requested General Plan Amendment to T-S would be appropriate and compatible with the surrounding properties. IV. ENVIRONMENTAL REVIEW The Land Use Planning Manager has determined that approval of GPA/LU 83-1 will not have a significant impact on the environment and, therefore, has issued a Negative Declaration on July 12, 1983. -4- ATTACHMENTS 1. PC Resolution No. 2168 2. Location Map 3. " Background Date Sheet 4. Disclosure Statement 5. Environmental Documens 6. Exhibit "A", dated July 26, 1983 MH:ad 8/11/83 -5- • SITE RRE TO TS CALIFOSNU 6 MOTEL EXHIBIT A JOLY 26, 1983 GENERAL PLAN PALOMAR & CO.FGPA/LU 83-1 BACKGROUND DATA SHEET CASE NO: GPA/LU 83-1 APPLICANT: PALCMAR & CO. REQUEST AND LOCATION: Amend the Land Use Element of the General Plan from RRE to TS on the east side of Avenida Encinas north of Palomar Airport Road LEGAL DESCRIPTION: Parcel B, being a portion of Lot H of Rancho Agua Hedionda according to Map 823 filed November 16, 1896 APN; 210-170-02 Acres 3.8 Proposed No. of Lots/Units GENERAL PLAN AND ZONING Land Use Designation RRE Density Allowed Density Proposed Existing Zone C-T, P-M, R-A-10 Proposed Zone Surrounding Zoning and Land Use: Zoning Land Use Site C-1, P-M, R-A-10 Vacant North P-H Office South R-A-10 Vacant East Freeway Freeway West P-M Vacant PUBLIC FACILITIES School District Carlsbad Water Carlsbad Sewer Carlsbad EDU's Public Facilities Fee Agreement, dated May 27, 1983 ENVIRONMENTAL IMPACT ASSESSMENT X Negative Declaration, issued July 12, 1983 E.I.R. Certified, dated Other, . If after the information you Lava; sutmiucco. r.as aa-n ievj.ev.-i, ic further information i,<_. required, you will be so advjf d. APPLICANT:Palomar & Co. AGENT: MEMBERS: Name (individual, partnership, joint venture, corporatiota, syndication) 58!50 Avenida Encinas, Carlsbad, CA 920Q8 , . • '_ Business Address • • ' • 619/438-0735 ' '' '••• . " • \ ...'.. • !• ' : Telephone Muaber Russell W. -Grogse Naae 5850 Avenid'a Encinas; Carlsbad, CA 92008 " Business Address ._.;..' . -.'.''•'. 619/4"3i_8 -0735 or 439-0052' ' ' _'v I' ' • "/-•;"".'• •' ;. :-;.''.• \ : "• •'-::•''.-'-' Telephone Nuaber • . •-..- . ..--.•.- ''.' . . "• -'""' RDSSELL W. -GROSSE.and MARY E.: GROSSE- "••' 5850 Sunny Creek Road, Carlsbad 9200B llama -{individual, partner, joint _ . . venture, corporation, syndication) 5850 Avenida Bncinas ._ Carlsbad, CA 92008' Koras iiddress Business Address 619/438-0735 (or 439-0052) Telephona Kuabar C. William Dealy and Ruth 'H. Dealy - il2!3B • . • same " " . 619/433-4742 Telephone Kumber 1282 Crest Dr., Encinitas, CA 92024 . . Borne Address Business Aaaress 619/753-2041...same Seiephor.s Nuniber Telephone . I • (Attach more sheets if necessary) " ' • I/We declare under penalty of perjury that the information contained in this di: closure is true and correct and that it will remain true and correct and nay be" relied upon as being true and correct until amended. DEVELOPMENTAL . SERVICES LAND USE F'LANNING OFFICE Citp of Carlshafc 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008-1989 (619} 438-5591 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: General Plan Amendment to change the General Plan designation of a 3.8 acre parcel from RRE, Extensive Regional- Retail to TS, Travel Service. Project address/Location: East side of Avenida Encinas approximately 250 feet north of Palomar Airport 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 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 July 13, 1983. DATED: June 21, 1983 CASE NO: GPA/LU 83-1 APPLICANT: Palomar and Co. PUBLISH DATE: June 25, 1983 MICHAEL J. HOf/ZMILLBR, Land Use Planning Manager ND 3 5/81 DEVELOPMENTAL • SERVICES LAND USE PLANNING OFFICE 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008-1989 (619) 438-5591 Citp of Cartebali NEGATIVE DECLARATION PROJECT ADDRESS/LOCATION: East side of Avenida Encinas approximately 250 feet north of Palcmar Airport Road. PROJECT DESCRIPTION: General Plan Amenctoent to change the General Plan designation of a 3.8 acre parcel from RRE, Extensive Regional Retail to TS, Travel Service. 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 iirpact on the environment) is hereby issued for the subject project. Justification for this action is on file in the JLand 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. 92003. 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: July 12, 1933 CASE NO: GPA/LU 83-1 APPLICANT: Palomar and Co. PUBLISH DATE: July 16, 1983 MICHAEL J Land Use Planning Manager ND-4 5/81 Carlsbad Journal Decreed a Legal Newspaper by the Superior Court of San Diego County 3138 ROOSEVELT ST. • P.O. BOX 248 • CARLSBAD, CA 92008 • 729-2345 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 Carlsbdd Joiimdl a newspaper of general circulation, published twice weekly in the City of Carlsbad, County of San Diego, State of California, and which newspaper is published for trje 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 GPA/LU 83-1 NOTICE IS HEREBY GIVEN that the City Council of the City of Carls- bad will hold a public hearing at the City Council Chambers, 1200 Elm Avenue, Carlsbad, California, at 6:00 P.M., on Tuesday, September 20, 1983, to consider a request to amend the Land Use Element of the General Plan from Extensive Re- gional Retail (RRE) to Travel Ser- vice (TS) on property generally lo- cated between Interstate 5 and Avenida Encinas approximately 600 feet north of Palomar Airport Road and more particularly de- scribed as: Parcel B being a portion of Lot H of Rancho Agua Hedionda accord- ing to Map No. 823, filed November 16,1896. Applicant: Palomar & Co. CARLSBAD CITY COUNCIL September 7 198?. . 19 19 19 19 I certify under penalty of perjury that the foregoing is true and correct. Executed at Carlsbad, County of San Diego, State of California on the 7th day of PALOMAR AND CO. ' S:GPA/UJ83-1 CI W271: September 7,1983 Clerk of the Printer NOTICE OF PUBLIC HEARING GPA/LU 83-1 NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad will hold a public hearing at the City Council Chambers, 1200 Elm Avenue, Carlsbad, California, at 6:00 P.M., on Tuesday, September 20, 1983, to consider a request to amend the Land Use Element of the General Plan from Extensive Regional Retail (RRE) to Travel Service (TS) on property generally located between Interstate 5 and Avenida Encinas approximately 600 feet north of Palomar Airport Road and more particularly described as: Parcel B being a portion of Lot H of Rancho Agua Hedionda according to Map No. 823, filed November 16, 1896. APPLICANT: Palomar & Co. PUBLISH: September 7, 1983 CARLSBAD CITY COUNCIL ..A 'j";V.I .A .P PALOMAR AND CO. ' | GPA/LU 83-1 _ NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Carlsbad will hold a public hearing at the City Council Chambers, 1200 Elm Avenue, Carlsbad, California, at 7:00 p.m. on Wednesday, August 24, 1983, to consider cpproval of a request to amend the Land Use Element of the General Plan from Extensive Regional Retail (RRE) to Travel Service (TS) on property generally located between Interstate 5 and Avenida Encinas approximately 600 feet north of Palomar Airport Road and more particularly described as: Parcel B being a portion of Lot H of Rancho Agua Hedionda according to Map No. 823, filed November 16, 1896. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. If you have any questions please call the Land Use Planning Office at 438-5591. CASE FILE: GPA/LU 83-1 APPLICANT: Palomar & Co. PUBLISH: August 13, 1983 CITY OF CARLSBAD PLANNING COMMISSION PROPERTY OWNER AND TENANT LIST Parcel No. Owner Tenant 210-090-22 ' Burroughs Corp. %/ Same ! Attn: Edward McNamara P.O. Box 33010 Detroit, MI 48232 210-100-07 Paul & Magdalena Ecke Exxon Company, U.S.A. P.O. Box 488 \/ Attn: John B. Tatum Encinitas, CA 92024 P.O. Box 16118 Long Beach, CA 90806 210-100-08 Newport National Corp. 210-100-09 Attn: P.M. Brusseau v 210-170-04 31877 Del Obispo, Ste. 211 San Juan Capistrano, CA 92675 210-170-03 Stoney1s Tire Service, Inc. 668 Palomar Airport Rd. Carlsbaid, CA 92008 210-170-01 C. William & Ruth H. Dealy 1282 Crest Drive ^ Encinitas, CA 92024