HomeMy WebLinkAbout1983-10-11; City Council; 7503-2; Preannexational Zone Change for Hunt Propertyt
B# '7m3d*2 TITLE: PREANNEXATIONAL ZONE CHANGE FOR
ITG. 10 -//-cf?3 HUNT PROPERTIES - ZC-267 - HPI
IEPT. PLN
.1 CKOF CARLSBAD - AGEND~ $ILL
CITY ATTY
CITY MOR.
DEPT. HD?'
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RECOMMENDED ACTION:
The Planning Commission and staff are recommending that the City Council direct the City Attorney's Office to prepare documents APPROVING ZC-267 as shown on Exhibit "B".
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ITEM EXPLANATION
ZC-267 has been continued from the September 27th Council meeting. This item is part of an application that also includes a General Plan Amendment and an EIR. At the meeting of September 27th, the Council certified EIR 83-2 and approved GPA/LU 83-15 as recommended by the Commission, except that parcels AC and AF were withdrawn by the applicant prior to the Council meeting. The zone change, 2C-267, was continued to October 11th because the Council vote ended in a tie.
The major issue for the Council concerning this zone change was the zoning on Batiquitos Lagoon. The applicant is proposing that the Planned Community (PC) zone be utilized for this area. The Planning Commission and the staff are recommending that the Open Space (OS) zone be placed on the lagoon.
The appropriate sections of the P-C zone, regarding master
plans, and the OS zone have been attached for the Councils information. Also attached is a copy of the original staff report to the Planning Commission, and Exhibit "B", which shows the zoning as recommended by the Planning Commission.
ENVIRONMENTAL REVIEW
An environmental impact report (EIR 83-2) was prepared for
Parcels AA through AF. This report identified direct impacts created by the general plan amendment and zone change applications and potential impacts which would have to be addressed at the time a master plan is submitted. The direct impacts that were identified by the EIR are land use impacts, fiscal impacts, traffic impacts, and biological impacts. Negative declarations were prepared for Parcels AG and AH by the Land Use Planning Manager on September 3, 1983 and were approved by the Planning Commission on September 14, 1983.
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FISCAL IMPACT
A fiscal analysis report was prepared to determine fiscal impacts
resulting from the annexation of the Green Valley and Olivenhain parcels (AE and AF). The report considered three scenarios: 1) "worst" case - 100% residential development, 2) "likely" case - combination of residential, commercial, and office and 3) "best" case - 100% commercial. Considering projected costs versus revenues to Carlsbad, under the "worst" case scenario, a net
deficit of $470,000 would result. Under the "likely" and "best" case scenarios, a net surplus of $670,000 and $3.9 million respectively would result at buildout if these parcels are annexed.
ATTACHMENTS
1) Location Map
2) Exhibit "B" - Staff and Planning Commission Zoning
3) Planning Commission Resolution No . 2183
4) Staff Report dated September 14, 1983 w/attachments
5) PC & OS Zones
Recommendations.
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. STAFF DATION
PC
AA AB
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- - EXHIBIT B
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PLANNING COMMISSION RESOLUTION NO, 2183
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, RE:COMMENDING APPROVAL OF A ZONE
CHANGE AND A PREANNEXATIONAL ZONE CHANGE TO DESIGNATE PROPERTY GENERALLY LOCATED ON THE WEST SIDE OF EL CAMINO
REAL AND -ON THE NORTH AND SOUTH SIDES OF LA COSTA AVENUE,
APPLICANT: HPI DEVELOPMENT
CASE NO.: 2C-267
WHEREAS, a verified application for certain property to
The south half of Section 27 and the southeast quarter of
the southeast quarter of Section 28, and Lots 2 and 3 in Section 33, all in Township 12 South, Range 4 West, San
Bernardino Meridian, in the County of San Diego, State of
California, according to official plat thereof;
Together with the northwest quarter of the northwest quarter and Lots 1, 2, 3 and 4 of Section 34, To~nship 12
South, Range 4 West, San Bernardino Meridian, according to official plat thereof;
Together with Lots 9, 10, 11, 12, 13, 14 and 15 of Section
34, Township 12 South, Range 4 West, San Bernardino Meridian, according to United States Government Survey and shown on the Map of said survey as lying within the Salt Marsh and Slough.
The south half of the south half of the southwest quarter of the northwest quarter of Section 26, Township 12 South, Range 4 West, San Bernardino Meridian, in the County of Sal Diego, according to United States Government Survey approved April 21, 1890,
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as shown on Exhibit "B", dated September 14, 1983, attached and
Portions of the northeast half of Section 32, Township 12
South, Range 4 West; Portions of the south half of Section
33, Tdwnship 12 South, Range 4 West; portions of the northwest quarter of Section 33, Township 12 South, Range 4
West, San Bernardino Meridian, in the County of San Diego,
State of California, according to official plat thereof,
incorporated herein has been filed with the City of Carlsbad, and
referred to the Planning Commission; and
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.WHEREAS, said application constitutes a request as
provided by Title 21 of the Carlsbad Municipal Code; and
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WHEREAS, the Planning Commission did on the 14th day of
September, 1983, hold a duly noticed public hearing as prescribed
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by law to consider said request; and 4
WHEREAS, at said public hearing, upon hearing and
considering all testimony and arguments, if any, of all persons 6 5 11 - desiring to be heard, said Commission considered all factors
relating to the Zone Change; and
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NOW; THEREFORE, BE IT HEREBY RESOLVED by the Planning 9
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Cornmission 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-267, as shown on Exhibit "D" dated September 14, 1983, based on the following
findings and subject to the following conditions,
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1) The project is consistent with the City's Generil Pian since
the proposed residential densities are within the density ranges specified for the properties as indicated on the
Land Use Element of the General Plan.
2) The sites are physically suitable for the types and densities of the development since the sites are adequate in size and
The project is consist'ent with all City public facility pol- icies and ordinances since:
' shape to accomodate development as proposed.
3)
The Planning Commission has, by inclusion of an appropriatc
condition to this project, insured that the final map will not be approved unless the City Council finds that sewer service is available to serve the project. In addition, the Planning Commission has added a condition that a note shall be placed on the final map that building permits may not be issued for the project unless. the City Engineer
determines that sewer service is available, and building cannot occur within the project unless sewer service remains available, and the Planning Commission is satisf iec that the requirements of the public facilities element of the general plan have been met insofar as they apply to sewer service for this project.
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b) School fees will be paid to ensure the availability of
school facilities in the San Dieguito, Encinitas Union and Carlsbad school districts.
The proposed project is compatible with the surrounding future land use6 and is compatible with the general plan for reasons -stated in the staff report.
The zone change of Parcel AG to P-C (Planned Community) will
not cause any significant environmental impacts and a negative
declaration has been issued by the Land Use Planning Manager on August 29, 1983 and approved by the Planning Commission on September 14, 1983.
The zone change of Parcel AH to 0-S (Open Space) will not
cause any significant environmental impacts and a negative declaration has been issued by the Land Use Planning Manager
on August 29, 1983 and approved by the Planning Commission on September 14, 1983.
That all significant environmental issues have been mitigated, or the project has been changed so as to mitigate these
impacts, or social or economic factors exist which override these impacts as described below:
A, Land Use
Impact: Removal of the existing County zoni‘iig -
requirements on agricultural, floodplain and biologically sensitive areas creates a potential adverse impact.
Mitigation: Impacts on land use will be mitigated by requiring the applicant to master plan the property. Said master plan will provide restrictions on the development of sensitive areas. The City is also adopting the
Floodplain Overlay zone on sensitive riparian areas.
. B. Agriculture
Impact: Annexation and future development of the site without some preservation of agricultural land would be a
significant impact based on County and State agency pol ic i es . Mitigation:
agricultural general plan designation, Through the required master plan, however, the City can require
I preservatiion of agricultural areas, This impact should
be mitigated at the master plan level; It is also anticipated that the Coastal Commission will require preservation of agricultural lands during the coastal permit process.
The City of Carlsbad has no exclusively
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?C RES0 NO. 2193 3. 7
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C. Traffic
- Impact: possibly four of the six affected intersections could be significantly impacted from the proposed general plan
Mitigation: All roadways should be constructed to their
planned width, Additional traffic studies should be done
as specific projects become known within the project boundaries. Mitigation measures identified in these
studies should become conditions of approval for specific projects which necessitate these improvements.
Two of the six afEected intersections and
. amendment and annexation.
D , Biological Resources
Impact: No direct impacts will occur from the project.
However indirect effects could be caused by the removal of County zoning on the floodplain and lagoon areas. Mitigation: The City is placing the Floodplain Overlay zone on the sensitive riparian areas and has zoned the
lagoon areas as open space,
E, Hydrofogy/Water Quality
Impact: There will be no direct effects on hydrology and water quality from the proposed project, however, indirect or future impacts could occur with development.
Mitigation: The City has placed the Floodplain Overlay zone on the Encinitas Creek area and has designated the lagoon as open space. When development plans are approved special grading requirements may be necessary to protect these areas from urban runoff and sedimentation.
F. Air Quality
Impact: Full buildout of the project would result in air emissions approximately 4 to 5 times greater than projectd
by RAQS resulting in a significant adverse impact. Mitigation: Air quality is a regional problem and RAQS places emphasis on developing cities, Various mitigation
measures such as rideshare and transit programs should be included in the master plan. Additionally, the need to provide diverse housing and commercial facilities in the
City of Carlsbad overrides this impact. Finally, effective long term mitigation must be on a regional 1 basis.
G. Cultural Resources
Impact: The proposed project would not have a direct
impact on cultural resources, however, 23 potentially significant sites were found on the property and could be impacted at the time of development.
Miti ation: A testing program, as identified in the EIR, h e utilized to determine significance prior to the grading of any site. Further mitigation may be necessary based on the results of the testing.
RES0 NO, 2183 4. Fr(
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H. Visual Quality/Aesthetics
Impact: No direct impacts would be created by the project. Future development under the proposed designations could have a visual impact on the north shore
of the lagoon and the Green Valley core. Mitigation: Mitigation will have to occur at the master plan and at specific project levels. Mitigation could
include specific siting of developments, preservation of specific areas, clustering development and special 1 andscaping requirements .
I. Noise
Impact: Noise created by.additiona1 traffic from the project along major corridors could have adverse impacts
on devleopments located too close to these corridors. Mitigation: At the master plan and specific development plan stage special setbacks should be utilized to mitigate possible noise impacts from passing traffic.
J . Growth Inducement
Impact: Development of the Green Valley area could be conered to potentially be growth inducing because agricultural land would be sandwiched between existing commercial uses to the south and Green Vallev. Mitigation:
Valley area are not known at this time. The City has Specific development concepts f& the Green
adopted a Combination District for this area which contains Office, Commercial and Residential uses.. The
location of these uses will be determined at the master
plan level. Portions of the Green Valley site could be specially treated or phased under the master plan to encourage preservation of the agricultural areas to the
south.
The applicant has agreed 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.
:ond it ions :
) Th5.s project is approved on 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 September 7, 1983, 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 on this project shall be voided.
IC RES0 NO. 2183 5.
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PASSED, APPROVED AfiD ADOPTED at a regular meeting of the - 'lanning Commission of the City of Carlsbad, California, held on
:he 14th day of September, 1983, by the following vote, to
tit:
LTTEST :
AYES: Chairman Schlehuber, Commissioners Rombotis,'
Marcus, Lyttleton, Farrow, Friestedt and
Rawlins.
NOES : None.
ABSENT: None.
ABSTAIN : None .
CLARENCE SCHLEHUBER, Chairman CARLSBAD PLANNING COMMISSION
IICHAEL J. BOLZPEZLER
iAND USE PLANNING MANAGER
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'C RES0 NO. 2183
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. STAFF REPORT
DATE : September 14, 1983
T,o: Planning Commission
FROM: Land Use Planning Office
SUBJECT: EIR 83-2/GPA/LU 83-15/ZC-267 - HPI DEVELOPMENT - Request for a General Plan Amendment, Pre-annexational Zone Change and Certification of an EIR involving 1730 acres
for property generally located north of Batiquitos
Lagoon and west of El Camino Real, and property located on the west side of El Camino Real south of La Costa
Avenue.
I. RECOMMENDATION
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Staff is recommending that the Planning Coinmission APPROVE the Negative Declaration issued by the Land Use Planning blanager,
ADOPT Resolution No. 2181 recommending CERTIFICATION OF EIR 83-
2, ADOPT Resolution No. 2182 recommending APPROVAL of GPA/LU 83- 15 as shown on Exhibit "C", and ADOPT Resolution No. 2183
recommending APPROVAL of ZC7267 as shown on Exhibit "D".
11. PROJECT DES CRIP T I ON
The application includes amendments to the general plan and zone
changes on a number of different parcels in the Ratiquitos Lagoon and Green Valley areas. The applicant's proposed amendments to the general plan are shown on Exhibit "A" and the applicants
proposed zone changes are shown on Exhibit "B". The major general plan changes are taking place in the Green Valley area and at the southeast corner of El Camino'Real and Olivenhain
Road. The applicant is proposing to have these areas included in Carlsbad's sphere of influence and to have them designated on the General Plan with a Comhination District comprised of C (Commercial), 0 (Office) and RMH (Medium-High Residential) uses.
With regard to zoning the applicant is requesting the Planned
Community (PC) zone for most of the property with some commercial zoning along El Camino Real (please refer to Exhibits
'#At# and IIBd) . The City hzs included aspreannexational zone
change for the state owned portions of the Lagoon west of the Hunt properties. This area is being proposed as open space (see Exhibit "F") .
For purposes of this report, the project will be divided into
three parts: a discussion of the major issues identified in the
EIR, a section discussing the general plan amendments, and a
zoning section. The various parcels included in the application will be labeled in the report the same way they are listed in the EIR, (AA, AB, AC etc.). These parcels are also labeled on the attached exhibits so that they may be referenced from the
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111 EIR 83-2
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The environmental impacts associated with this project can be
divided into two types: 1) direct impacts created by the general plan amendment, prezoning and annexation applications, and 2)
potential impacts of future dev.elopment that may occur as a result of these applications.
A. DIRECT IMPACTS CREATED BY THE GPA, ZONE CHANGE AND ANNEXATION
Land Use Impacts
Prezoning. Parcels AA, AB, AD and AE are proposed to be zoned
P-C (Planned Community) . Parcels AC and AF are proposed as C-2 (General Commercial). The P-C zone could result in a higher
density than allowed by the existing County zoning designations.
This is mainly due to the fact that most of the County land is presently under a holding zone designation.
The P-C zone requires the submittal of a master development plan
for the entire property. This could result in a t'positive" impact if the property is comprehensibly planned and all
environmental resources are considered and incorporated into this plan. It is likely that environmental impacts would be more easily mitigated if the project is reviewed urlder one Master Plan by one jurisdiction.
General Plan Amendment. The proposed general plan amendment could result iri a 74% increase in residential and commercial development over what is presently allowed by the existing Cointy land use designations. This increase assumes a "worst" case
situation of residential development built out to the maximum density allowed by the General Plan. Most of this increase is a result of reclassifying the Green Valley (Parcel AD) and
Olivenhain (Parcel AF) parcels which are presently under a County holding zone.
Any intensification of land uses could potentially result in
significant environmental impacts. These impacts will be identified and mitigated if possible at the time a Master Plan is
submitted and reviewed by the City.
Annexation. Annexation of the property would put jurisdictional
control of ,the property in the City of Carlsbad. The EIR indicates that a beneficial fiscal impact is likely to occur even though the City would be providing community services. The fiscal impacts are addressed in the following section.
Fiscal Impacts
Fiscal impacts are only addrcsssed on the .Green Valley (AB) and
Olivenhain (AF) parcels since these are the only parcels not presently in the City's * sphere of influence. Three scenarios
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are considered: 1) "worst" case - assumes 100% residential
development; 2) "likely". case - assuines a combination of residential, commercial and office uses;' and 3) "best" case - assumes 100% commercial development.
Considering projected .costs versus revenues to the City of Carlsbad, under a "worst" case scenario, a net deficit of
$470,000 would result if Parcels AD and AF are annexed to Carlsbad. Both the "likely" and "best" case assumptions result in net surpluses to Carlsbad of $670,000 and $3.9 million respectively. The "likely" and "best" case assumptions are considered to be a beneficial impact to Carlsbad.
Traffic Impacts fl
Three traffic scenarics are considered to address potential traffic impacts created by the project: 1) development under
the "existing" general plan land use designations; 2) "likely"
--I case - assumes a combination of commercial, residential and
-. office uses on Parcels ACr AE and AF; and 3) "worst1t case - assumes all commercial development on Parcels AC, AE and AF.
All volumes were determined based on the year 2000 traffic projections.
In terms OE traffic volumes,, under a *vworsttl case scenario, Poinsettia Lane and SA 680 would exceed their designed carrying
capacities. SA 680 would also exceed its projected carrying capacity under the "likely" case scenario.
With respect to intersection capacities, under a "worst" case
scenario, 4 out of the 6 major intersections in the vicinity of the project would be at an unacceptable service level (see page
intersections would be at an unacceptable service level . Under both the "worst" and "likely" cases, an adverse traffic impact would be created on El Camino Real
. 3-54), Under the "likely" case scenario, 2 out of 6
M,itigation measures would include the construction of streets to
widths that could adequately handle future traffic volumes, access restrictions onto El Camino Real and approval of land
uses that do not create excessive traffic (please refer to EIR - pp, 3-56, 57 for more specific mitigation measures).
e. their master planned widths, the reclassification of streets to
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Bioloqy J
The proposed annexat ion, general plan amendment and rezoning would result in the loss of the flood protection provisions provided for by existing County Ordinances on Parcels AE and AF. This could result in a potential biological impact created by the loss of the Riparian habitats located 'in these parcels. These impacts would he mitigated by Carlsbad Zoning provisions .. that would require-flood protection of areas located in the "100 year" floodplain boundary.
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B* - POTENTIAL ENVIRONMENTAL IMPACTS’RESULTING FROM FUTURE
DEVELOPMENT *
Land Use Impacts
Proposed land use designations on Parcels AE and AD are different
than those approved as part of .the San Dieguito Local Coastal Plan. Potential impacts that could occur at the development stage include impacts to hydrology, water quality, biological resources and agriculture.
Exact impacts and their corresponding mitigation measures cannot
be determined until a master plan is submitted by the applicant.
Agriculture
The proposed land use designations could result in the conversion of existing agricultural land. If fully developed, Parcels AC,
__ Mitigation measures would include the preservation of a portion
.’. AD, AE and BB would be in conflict with existing Coastal - +- .- Commission policies regarding agricultural land preservation.
of ..the existing agriculture lands at the time of development.
Biology J
Potential impacts to biological resources could occur at the time of project development. Specifically, the potential loss of one endangered plant species (Salt Marsh Bird’s Beak) and five rare species is considered significant. Also, the potential loss of four endangered bird species and 33 sensitive bird species is
freshwater marsh and Oak Woodland habitats are considered
significant potential biological impacts..
- significant. Finally, the potential loss of the riparian,
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Mitigation measures would have to be considered at the time a master plan is submitted for review. At this time, precise ’ impacts cannot be determined, however, necessary mitigation measures could be incorporated into future project proposals.
Community Services
Future deveiopment of this project could result in potential
impacts relating to water conservation, solid waste disposal, energy conservation, police protection, and hospital facilities.
Hydrology/Water
Development of the subject property could ,result in adverse
impacts to Batiquitos Lagoon water quality. The precise impacts cannot be determined at this point in time, however, these would
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Cultural Resources
' The EIR identj.f ies twenty archaeological- sites, two historical
sites and one paleontological site all of which are considered
important cultural resources. Future development of this property could result in potenkial signif icatn impacts on these resources .
At the time of master planning of the property, the applicant would be required to mitigate the potential impacts to these sites;
Air Quality
The project, at development, would result in an incremental impact to regional air quality. The significance of this impact cannot be determined until an actual development plan is submitted for review.
Staff believes that EIR 83-2 was prepared in accordance with the California Environmental Quality Act and has adequately identified and discussed both the direct impacts resulting from the project presently under consideration (GPA, ZC and Annexation) and the
potential impacts which will have to addressed when a Master Plan
recommending CERTIFICATION of EIR 83-2.
. for- the property is considered. For these reasons, staff is
J IV. GENERAL PLAN AMENDMENTS
Planning Issues
1) Is the propqsed land use appropriate for the site?
2) Is the proposed land use consistent with surrounding
3). Are the subject parcels,logical extensions of the City
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of Carlsbad (parcels AE and AF only)? .
A.. Preannexational General Plan Amendments
The first two general plan amendments would expand the City's
now have their land use controlled by the County's general plan.
Parcel AE ''Parcel AE is known as the Green Valley Area. The applicant is requesting a Combination District designation for the
property. The Combination District would be comprised of the 0 (Office), C (Commercial) and RMll (Medium-High Density) categories
(Exhibit "C"). The subject parcel is approximately 280 acres in size. Except for the portion of the Encinitas Creek area which runs parallel with El Camino Real, the County has designated this property for residential use at 2.9 du/ac. The creek area is designated as a Floodplain "Impact Sensitive" area.
. sphere of influence or general plan boundaries into areas which
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Staff feels that the subject property is a logical 'extention of the City of Carlsbad.
La Costa Avenue on the east side of El Camino Real and it makes sense from a planning standpoint that the area on the west side of this street should also be included in the City. The bluffs separating this property from Leucadia on the west side make a much better boundary than does El Camino Real. By using the
bluffs as the boundary, planning for this area would be much easier because access on both sides of El Camino Real would be
controlled by the same jurisdiction. Control of the drainage basin would also be the same and many of the public facilities
and services such as police and fire would be under one planning unit. Finally the standards required by the City of Carlsbad would prevent the type of strip commercial being approved south
of the City. Annexation of this area could protect existing Carlsbad residents on the east side of El Camino Real from undesirable development occuring on the west side.
The City already has jurisdiction south of
Staff feels that proposed Combination District (C, 0, RMH) is an appropriate use for the site. criteria for Commercial use but is somewhat constrained by
Encinitas Creek. As a result a mixed-use approach may be more logical and could be accomplished under the specific or master plan required for the property. The master plan could also provide for protection of the creek habitat. Staff is
recommending approval of the land use 'proposed by the applicant.
Parcel AF - Parcel AF is located on the southeast corner of the
intersection of El Camino Real and Olivenhain Road. The applicant is requesting that this 37 acre area be added to the City with the Combination District designation comprised of the C
(Commercial), 0 (Office) and RMH (Residential 10-20 du/ac)
categories. Parcel AF is currently designated by the County for residential use (2.9 du/ac). There is a floodplain designation
on the Encinitas Creek area which also traverses the property.
Staff feels that parcel AF should be included in the City's - sphere of influence for two reasons. The primary reason is that -this area is a logical part of the City based on topography. The
subject parcel is bordered on the south by a ridge which runs west to east from El Camino Real. This ridge makes a natural southern boundary for the City of Carlsbad. It also gives jurisdiction of the Encinitas floodplain to one agency which
simplifies drainage problems, public services, access on Olivenhain Road and other planning problems.
The second reason is that the City Council has already voted,
subject to the approval of LAFCO, to include areas south of Olivenhain Road, and north of the ridgeline, within the City of
Carlsbad. The Woolley annexation, located east of the subject parcel, was approved by Council earlier this year.
The property meets the City's
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Although this area should be included in the City, 'Staff does not
feel that the uses proposed by the applicant are the most appropriate. The applicant is proposing a Combination District
(C, 0, RMH) which does include commercial use. Because of the property's proximity to other commercial uses (Burnett Center, La Costa core, and Green Valley) staff feels that there is already an abundance of commercial use 'in the immediate area. Commercial at this location could create additional traffic problems along El Camino Real by slowing traffic with additional access points. Because it may be some time before the development of this
property occurs staff would recommend that the Planning Commission take the same approach as on the FJoolley Annexation by recommending the RL (Low Density) designation. This category
would act as a holding category until such time that an appropriate land use can be determined for the site.
B. Amendment to the Existing Carlsbad General Plan
This area is already included in the Carlsbad sphere of
influence. The applicant is asking to change the existing land use .I
Parcel AC - Parcel AC is located on both sides of El Camino Real approximately a quarter mile north of Dove Lane. The applicant is requesting a change from the existing RM (4-10 du/ac) on the
west side and the existing RLM (0-4 duyac) on the east side to a Combination District comprised of the C, 0 and RMH designations.
Staff does not feel that the proposed change is appropriate for
several reasons. One, there is already a large amount of approved comrnercial in this area. There is an existing commercial center located at the southeast corner of Dove Lane and El Camino Real. A larger commercial site has been approved
on the west side of El Camino Real that starts at Alga Road and extends 'northward to Dove Lane. This site is less than a half mile south of the subject parcel.. Farther north, the Koll
Company, the Signal Company and the Carrillo property all. have some approved commercial use. It is also likely that the large Bressi property, located on the southeast corner of Palomar Airport Road and EL Camino Real, will also contain some commercial development in the future. Staff feels that additional commercial in this area is unneccessary andwill constitute strip development. Staff would recommend that the
existing general plan designations of RM (4-10 du/ac) and RLM (0-
4 du/ac) be' retained on the property.
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V ..: ANALYSIS - ZONE CHANGES
,+ Planning Issues
1) Is the proposed zoning consistent with the general plan
2) Is the proposed zoning consistent with the surrounding
designat ion on the property?
zoning and land use? 17 >
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a.
Parcel AA - The applicant is requesting a preannexational zone
change"from the existing S-90 County zoning to the PC (Planned Community zone) on this 20 acre site. Staff feels that the proposed zone change is consistent with the general plan designation of RLM (0-4 du/ac) and also consistent with the surrounding land use.' Parcel BB which is contiguous to the south is already zoned PC. Staff is recommending approval.
Parcel AB - Parcel AB has exactly the same circumstances as
parcel AA except that it is 25 acres in size. Staff is
Parcel AC - AC is the parcel that is located on both sides of El
Camino Real approximately a quarter mile north of Dove Lane. The applicant is proposing the C-2 (Commercial) zone for this
property. The zoning should be consistent with the general plan. Because there is already enough commercial in the area and because of the possiblity of a "strip" effect along El Camino Real staff recommended that the existing RM and RLM residential categories of the general plan be retained. To remain consistent
staff would recommend approval of the RD-M (density multiple) zone for the west side of El Camino Real and the R-1 zone for the east side.
.. recommending approval.
Parcel AD - Parcel AD which includes portions of Batiquitos
Lagoon is currently zoned S~90, A-70-8, Commercial and Floodplain on the County general plan. The applicant is proposing the PC zone for the entire parcel. Staff agrees that the developable portion of the site should be zoned PC tG be consistent with the adjoining parcel to the north, parcel BB. The undevelopable
portion of the property in the Lagoon area should be zoned Open Space (OS) to be consistent with the existing general plan. In
summary, staff feels that the northern portion of the parcel should be zoned PC and the lagoon area OS (see Exhibit 'ID") .
Parcel' AE - The applicant is rec3mmending' the PC. zone for parcel
AE. This is consistent with the proposed general plan -- Combination District. The PC zone would ailow a comprehensive
Jriixed-use development to occur in conjunction with a specific or master plan. Staff would also recommend that the FP or Floodplain Overlay zone be placed on the Encinitgs Creek area as shown on Exhibit "E".
,.
Parcel AI? -1 Parcel AF is located on the southeast corner of El
Carnino Real and Olivenhain Road. The applicant is. requesting the C-2 (Commercial) zone for this property. The zoning should be consistent with the general plan. Under the proposed general
plan amendment staff has recommended that the property be added to the City's sphere of influence as RL (low density) because it was felt that commercial use is inappropriate. The L-C (Limited- Control) zone would implcmcnt the RL designation recommended by staff and act as a holding zone until a proper use can be determined for the site in the future, Staff is recommending
that in addition to the L-C zone that the FP zone, or floodplain
( Exhibit "E" ) . * overlay, be applic3 to the Encinitas Creek portion of the site
-8-
.'
Parcel AG - Parcel AG is a 10 acre site located on.the north
side of future Alga Road west of El Camino Real, The applicant is proposing the PC zone for the property which is consistent with the RLM designation of the general plan. The PC zone is also consistent with the zoning proposed for parcel BB adjoining to the south. Staff concurs with the applicants proposal.
Parcel AI3 - Parcel AH is the remainder or western end of the
lagoon area (Exhibit "F") and is owned by the State. The City of
Carlsbad has added this parcel to the application so that annexation of the entire lagoon can occur at one time. The major
benefit of the annexation is that the entire lagoon will be within one jurisdiction. Staff is recommending the Open Space
(OS) designation which is our most restrictive designation and is consistent with the rest of the lagoon area and with the general plan.
Parcel BB - The majority of parcel BB will have no change. The property is already in the City of Carlsbad and has the RLM (0-4 du/ac) general plan designation, Except for a small piece on the east end the property is zoned PC. The applicant is proposing to change the small piece on the east side from R-1 to PC. Staff
concurs with this proposal as it will make all of parcel BR one zone ,
In summary staff feels that the land uses proposed in Exhibit
''C" and "D" are appropriate for the site and compatible with all other elements of the General Plan.
For a final review 'of the proposals and recommendat ions please see Exhibits "A" and "B" (applicants request) and Exhibits "C"
and I'D" (Staffs recommendations). Also attached is a chart (Exhibit "G") which lists all the parcels, the proposed requests, and the recommendations,
VI, .. ENVIRONMENTAL REVIEW
EIR 83-2 was prepared for parcels AA, AB, AC, AD, AE and AF. -Parcels AG and AH were added later to the application and
Negative Declarations were issued by the Land Use Planning Manager on August 29, 1983.
ATTACHMENTS ..
1) Plannihg Commission Resolution Nos. 2181, 2182 and 2183
3) Disclosure Form 4) Environmental Documents (except EIR, previously distributed) 5) Exhibit "A" and "H", Applicants proposals 6) Exhibit "C" and "D" , Staff recommendations 7) Exhibit c'E", Floodplain area 8) Exhibit IcF", western lagoon annexation 9) Exhihit "G", Project Summary Chart
10) Response to Comments to Environmcntal Impact Report
BIJ : CDG : bw
2) Location Map *.
.. .
. 9/8/83
-9-
1 .
.(A
. SED z
I1 ‘ ’_
- KEY
AA: PARCEL NUMBER
..
.
.
a, ',
R Pfl //
EXWHBBT c .-- 9-14-83
'.
*. EXHBBlT E
9-14-83
n
..
I II t
ITAS CREEK
53
._
.
*.
, , EXHBBlT 1
9-14-83
I II I
.
8
, C' 1 *.
..
.. ..
. *.
EXISCIffi Pmm mAL IAND {ISE ACRESCP FACH USE PARCEL ms Tire DFS IGU+TIcN*
1). AA 25 GP WM (Residential 25. lm Medium 0-4 Wac) *
Zoning $90 (Holding Zone)
2) AB M Ge FUA (Residential 20
ht Medium 0-4
ddac). .
Zoning $90 (Holding Zone)
3) Ac 38 Ge RUl (Residential 15 Icw Wium 0-4 Wac).
IIM (Residential 23 Nedim 4-10 du/ac)
zoning s-90 n
4) AD 607 Ge RLV (Residential 98
&JU Medim 0-4 Wac)
F@l (Residential 45
Wac) laJ &dim 4-10
RMI (Residential 7 Wim High 10-20 Wac )
.. .
RC (Recreation Com- 12 mercial )
TS (Travel Service 6 Ccyercial)
os Space) 438
wing c (mrciai) S-90 (mlding Zone)
1 A-70-8 (Limited Agri- culture) FP (Flmdplain)
Icw 2.9 du/ac)
FP (Fldplain) 39
NC (Neighborhad
Camercial) 7
.---_.__ -_ -
5) AE 280 8 RL (Residential 234
ZaLfng C (Carmercial) A-1-8, A-70-8, A-72-8 (Limited and General Agriculture) FP (Floodplain)
Lov 2.9 du/ac)
FP (Floodplain) 15
6) M 37 6 RL (Residential 22
Pc (Planned cannunit1
Mne
Pc (Planned CamrYlit)
Canbination District: C (Comnorcial) 0 (Professional and
MFi (Residential Medim High 10-20 du/ac)
Related)
c-2
me
--
NJne
None
Nme
pc (Planned camunity
Canbination District: C (Carmercial 0 Professional and Related) IIMH (Residential Medim High
EC (Planned Comnunity
10-20 du/ac)
Wination District: c (OmneCCial)
0 (Professional and Related) RMH (Residential
Hedim Uigh 10-20 du/i
c-2 (mycial)
Nona
Pc
sw
E-1 to Pc
bM
M
EXHIBIT G
S-ld-S3
STAFF ~~IDATXm -
As proposed
Keep existing PMLRLM.
~
'S proposed rith ddition If FP on hcinitas
teek
z
H6FP
(Floodplain)
, .' I
Chapter 21.33
*s €ma@ SPACE zom
Sections :
21.33.010 Intent and purpose.
21.33.020 Permitted uses and structures. 21.33.030 Permitted accessory uses and structures. 21.33.040
21.33.050 Lot area, minimum. 21.33.060 Building height-
Uses and structures permitted by conditional
use permit. .-
21.33.010 Intent and purpose. The intent and purpose of the 0-S zone is to:
(1) have been deemed necessary for the aesthetically attractive Provide for open space and recreational uses which
and orderly growth of the community;
Protect and encourage said uses wherever feasible; Be used in conjunction with publicly-owned prop- erty utilized as parks, open space, recreation areas, civic
centers and other public facilities of a similar nature; Designate high priority resource areas at time of
development that, when combined would create a logical and comprehensive open space system for the community;
Implement the goals and objectives of the general plan. (Ord. 9385 S2(part), 1974).
(2)
(3)
(4)
(5)
21.33.020 Permitted uses and structures. In the 0-S
open space zone only the following uses and structures are
permitted subject to the requirements of this chapter and to the development standards provided in Chapters 21.41 and - - 21.44: (1) Beaches and shoreline recreation, public;
(2) Bicycle paths;
398 (Carlsbad 10/15/74 1
, ?, - rc4 '* .1.33 .O 30-21.33.040
(3) Horse trails;
(4) Open space easements;
(5) Parks, public;
(6) city picnic areas;
(7) City' playgrounds ;
(8) Public access ' easement, nonvehicular;
(9) Public lands.; (la) Scenic easemkts;
(11) Slope easements; (12) Transportation rights-of-way;
(13) Vista points;
(14) Agricultural uses as follows:
-(A) Field and seed crops, (B) Truck crops, (C) Horticultural crops,
(D) Orchards and vineyards, (E) Pasture and rangeland, (E') Tree farms,
(G) Fallow lands.
(Ord. 9461 §l(part), 1976; Ord. 9385 §2(part), 1974).
21.33-030 Permitted accessory uses and structures. The following accessory uses and structures are permitted on the same terns as the permitted uses specified in Section 21.33-
.020: -Public -restrooms. clubhw. gaskincr areas, b-
*and fire pits, Dlaysround eauiwnent , wt4iywavs. rlptj os chanqinq rooms, P 001 filterins eauioment, fencincr and ot-
similar accessory uses and structures required for the conduct of the permitted uses. (Ord. 9385 §2(part), 1974).
21.33.040 Uses and structures permitted by conditional
use permit. Subject to the provisions of Chapter 21.50, the
following uses and structures are permitted by_enndC+td
(1) Group or organized camps;
(2) Marinas;
(3) Playfields and athletic fields, including courts; - ... - (4) Public facJll.t;les, st ructures ;
(5) Recreational campgrounds; (6) Stables and riding academies, public:
(7) Other related cultural, entertainment and recrea-
tional activities and facilities;
(8) @If courses;
(9) Swimming pools;
(10) Tennis courts; (11) Private playgrounds;
(12) Private picnic areas. (Ord. 9507 §3, 1978; Ord. 9385 §2(part), 1974).
i
I
39 8-1 (Carlsbad 4/15/79). ? 7
(1
21.33-050--21.34.010
21.33.050 Lot area, minimum. There shall be no mini- mum lot area established for the 0-S zone district. size of the lot shall be dependent upon the existing or
proposed use. (Ord. 9385 52 (part) 1974) .
The
. . 21.33-060 Building heiqht. No building or structure in the 0-S zone district shall exceed thirty-five,feet in
height unless a higher.'-elevation is approved by a conditional use permit issued-by the planning commission. (Ord. 9385
S2 (part) I 1974).
f- L4 ’\
21.38.010
Sections :
21.38.010 21.38 -020
21 -38.030
21.38.040 21.38.050
‘ 21.38.060
21.38.070
21.38.080
21.38.090
21.38 . 100
21.38.110
21.38.120
21.38 230
21.38 . 140 21.38 . 150
Intent and purpose. Permitted uses and structures. General provisions. Master plan required.
Application. Contents of master plan. Exception to master plan. Prefiling procedure. Planning director’s duties. -Planning commission duties. City council action. Amendment of master plan. Implementation of master plan. Additional standards.
Undeveloped areas of existing planned communi- ties.
Chapter 2 1.3 8
P-C PLANNED COMMUNITY ZONE*
21.38.010 Intent and purpose. The intent and purpose
(1) Provide a method for and to encourage the orderly of the P-C, planned community zone, is to:
implementation of the general plan and any applicable speci- fic plans by the comprehensive planning and development of large tracts of land under unified ownership or developmental control so that the entire tract will be developed in accord
with an adopted master plan to provide an environment of stable and desirable character:
creative and imaginative planning of coordinated communities
involving a mixture of residential densities and housing
types, open space, community facilities, both public and pri- vate and, where appropriate, commercial and industrial areas;
(3) Allow for the coordination of planning efforts be- tween developer and city to provide for the orderly develop- ment of all necessary public facilities to insure their availability concurrent with need;
approved master planned area to provide some assurance to the developer that later development will be acceptable to the city; provided such plans are in accordance with the approved planned community master plan. (Ord. 9458 Sl(part) , 1976).
(2) Provide a flexible regulatory procedure to encourage
(4) Provide a framework for the phased development of an
* Prior ordinance history: Ord. 9338, Ord. 9262, Ord. 9218,
Ord. 9060).
403 27 (Carlsbad 7/20/76)
i
21.38.020--21.38.050
21.38.020 Permitted uses and structures. In the P-C, planned community zone, the Dedtted uses and s-es,
$ e of develoment amro ved ,in;-aceordance with this chapter which may include any use €&and to be-necessary and desirable for a community planned *h accordance with the purposes of this chapter; provided that such permitted uses and structures shall be pansistent with Prior to ap-
&oval of a master plan, tQe property may be used as permitted
by Chapter 21.07 for the ELA exclusive agricultural zone.
After approval of a master plan, such agricultural uses may
be continued if the master plan so provides. (Ord. 9458 51 (part) , 1976).
he general plan and applicable specific Plans.
21.38.030 General provisions. (a) The P-C zone may be
established on parcels of land which are suitable for and of
sufficient size to be planned and developed in a manner con-
sistent with the purposes and objectives of this chapter. No
P-C zone shall include less than one hundred acres of contig-
uous land.
(b) All land in each proposed planned community shall be
held in one ownership or shall be under unified control unless otherwise authorized by the city council. For the purposes of
this section, the written agreement of all owners in the planned
community to develop in accord with the master plan as approved indicates unified control. ...
(c) An owner may transfer sections of the development.
The transferee shall be required to use the property in accord
with the approved master plan.
(d) applicable provisions of Title 20, Subdivisions, and Title 21, Zoning, of this code. Where a conflict in regulation occurs, the regulations specv,ied in this chapter or the approved master plan shall control. (Ord. 9458 §l(part) 8 1976).
A planned community shall be subject to all other
21.38.040 ,Master plan required. Pxf at to the apwoval fpr any permits for development on property zoned P-c, planned community, a master plan of development must be approved by ccawith the provisions of this chapter.
regulations for the development of the planned community with- in the P-C zone, and the regulations shall become a part there- of. (Ord. 9458 §l(part) , 1976).
approved by ordinance shall establish the
21.38.050 Application. An application for approval of a master plan shall be made to the city council through the planning department and planning commission in accordance
with procedures set forth below:
record owner or owners, or their duly authorized agents, of the subject property. It shall be filed with the planning
(1) An application for a master plan may be made by the
404 30 (Carlsbad 7/20/76)
,
8
I I
.c?
21.38.060
director and must contain the signatures of the record owner or owners of the subject property.
(2) The planning commission may prescribe the fom and content for such application, (3) A fee of one hundred dollars plus two dollars per ' acre for the first two hundred acres and one dollar per'acre for all acreage above two hundred acres, and shall be paid when the application Ps filed.
nary master plan graphic and text, open area plan, and sign
(4) The application Shall be accompanied with a prelimi-
program, (Ord. 9458 Sl(part), 1976). P-C
21.38.060 Contents of master plan. A master plan for Zone;
(1) Graphic plans of the proposed development that in-
the development of a planned community shall consist of the following: MQ Sc c+w4
clude the following :
(A) A map and legal description of the property with a north point scale not less than one inch equals two hundred
feet, showing the date of preparation and the name and address of the plan's preparer, be in company or person, is required.
(B) Axat ion of the various land use9 shall be indi- cated by the use of zone designations of development zones and overlay zones as provided in this title. Development of property within the area of each such zone shall be subject to the regulations of the indicated zone unless specifically
modified as a part of the master plan approval.
fifteen percent of the total maseer P~ZUUL~~ area i.- rpqtri-d, except that the city council may reduce this amount if the proposed open space is found to be adequate and is integrated with a proportional amount of offsite open space. Land uses
considered as gPen space for uuruoses of this chaDter ar e properties that are publicly or comonlv owned for the bene- fit and use of the public or residents of the cmtv such
as parks, recreation facilities, greenbelts that are at least, twenty-feet wide, natural areas that are at least ten thousand ;quare feet in area, bikeways and Pedestrian paths. areas are to be indicated in the master plan and not used for any other purpose.
(D) Specific development provisions to be applied
such as a planned unit development permit or a conditional use permit shall be indicated. Development of property within areas so indicated shall be in accord with the terms of the permit and the provisions of this title applicable to such permits.
(C) An integrated open space urocrram that is at U
These
- (E) The location of public and suasi-Pub1 ic facill- tjies such as schools, fire stations, transmission lines and booster stations shall be indicated.
(F) The locations of major circulation systems and collector streets and their relationship to the circulation
405 31 (Carlsbad 7/20/76)
d ,
21.38.060
,"'
element shall be indicated, Bikeways, pedestrian paths, inter- cannecting open space areas and and other special access means shall also be shown.
(G) Facilities for water supply and sewerage disposal, including sewer and.water trunk lines, fire station sites,
storm drainage and flood control structure8 and any other
munity shall be indicated, Phasing of development shall be indicated. Adequate public facilitieq; open space, recreation areas and street systems shall be provided for each phase.
A map showing topographical contours at no less than twenty-five foot intervals.
natural features shall be indicated on such map,
topography to reduce the amount of grading. to indicate where significant grading is anticipa,ted and for
what reasons it is necessary.
in the order as listed below:
and area indicating the number and type of anticipated dwell-
ing anits in each of the residential areas, anticipated uses in the commercial, industrial zones and the land area for parks, schools, common open area and other public facilities
Land use and public facility economic impact
Justification for the proportions of the
futv - needed to Drq_aeylum, - 'Ce the RrODOS ed com- ..
(H)
(I) Existing trees and other
(J) Proposed development shall be consistent with the
The graphic is
(2) A text shall accompany the graphic and shall include
A description of each type of land use by acre 1 (A)
and community services, .w
-that contains the following: ., (B)
(i) various land uses based on the projected population and accept- able marketing or planning techniques,
have an the ahilitv of the city and ntbr gav-~ta1 or sub, m ic agencies to provide necessary services. port shall include the approximate cost of dwelling units, anticipated land and sales taxes to the city and costs of
necessary public services. The report shall be prepared by an economic consultant independent of the applicant but at the applicant 's expense,
(C) Special development regulations, including any modifications of zone designation regulations,
(D) 2l-M to meet the needs for parks, schools and other public facilities based on the anticipated population of
(E) Method to be employed for the maintenance of com-
monly held private land such as open space, recreation areas, street and parking areas. on the circumstances, are maintainance by developer, homeowners'
'- association, maintenance district, or city,
Phasing schedule indicating the timing for each section of the development, what public facilities, open space, recreation facilities or amenities will be provided with each
(ii) Projected fiscal imrmcts the development nil$
This re-
the community and the timing of its development, -,.- .
Some possible methods, depending
(F)
Phase 8
406 (Carlsbad 7/20/76) 3a
a A
iA.38.070--21.38.080
(G) Special requirements as requested by the applicant or required by the city council which may include, but are not
limited to, any of the matters which may be regulated by speci- fic plan pursuant to Section 65451 of the Government Code,
(HI -
act as noted in the meed envrronmen tal, im- l3emursures to be used to dv?=s= ftn
the project; (3) A landscape-open area plan that includes all open
spaces as required by this,chapter and all other such areas pro-
posed for the development.'
, indicatinu a reas to be landscaned. le-- ation. open space and bike or Pedestr ian ways. the plan shall include the proposed ownership, and indicate who
shall have the responsibility for the maintenance of the various
that, in ad-
types of open areas;
(4) A community identification &.gn Prow
dition to signs otherwise permitted, the master plan area will show community entrance signs, directional signs and temporary informational signs. The program may include the following:
(A) Graphic representation of design motif,
(B) Location of permanent community entrance, direc- tional and informational signs,
(C) Type, number and dimensions of temporary informa-
tional and directional signs that will be used during develop- ment only,
Special sign program for the commercia1"and indus-
trial portion of the community including standards for develop- ment based on sign area footage per lineal foot, face of build-
ing and sign height maximums. A community identification sign
program is in addition to those signs permitted in Chapter
21.41, but in .no case may the sign program exceed that allowed
for community identity signs in Chapter 21.41. identification sign program is desired, the master plan text shall so indicate. (Ord. 9458 §l(part), 1976).
This plan shall include- -
Z n addition,
(D)
If no community
21.38.070 Exception to master plan. Areas within a master
plan may be reserved for future planning, provided such areas do not exceed forty percent of the entire master plan area. Such reserved areas shall be so indicated and will require amend-
ment to the master plan to include all required contents prior to development. (Ord. 9458 Sl(part), 1976).
cation for a master plan, an applicant may prefile the pro- posal with the planning director for review.
shall contact interested departments and agency personnel and arrange any necessary meetings with the applicant. This pro- cedure may involve a review of the general outline of the pro- posal. After review, the planning director shall furnish the applicant with written comments regarding the review conferences including recommendations as appropriate to inform and assist
21.38.080 gref iling Wncedure . Prior to filing an appli-
The director
406-1 (Carlsbad 7/20/76) 33
+ h *
8 I- * 21-38.090--21.38.110
the applicant prior to his formal application for master plan approval. ments within twenty days after completion of review or within thirty days after receiving written request for such comment from the applicant. (Ord. 9458 §l(part), 1976).
21.38.090 Planning director's duties. The planning director shall set a ihaster plan for hearing before the plan- ning commission within sixty days of receipt of a complete application. The hearing date may be extended beyond sixty days provided *ere is written concurrence from the applicant. The public hearing shall be noticed and held in accordance with the provisions of Chapters 21.52 and 21.54. A staff report containing recommendations on the plan shall be pre- pared and furnished to the public, the applicant, and the
planning commission prior to the hearing. (Ord. 9458 §1 (part) , 1976) .
The planning director shall submit written cam- e
21138 . 100 Planning commission duties . The planning com- mission shall hear and consider the application for a master plan and shall prepare recommendations and findings for the
4 city council including all matters set out in Section 21.38.110. The action of the commission shall be filed with the city clerk, and a copy shall be mailed to the applicant- (Ord. 9458 S1
(part) 8 1976) . .-.I
21.38.110 City council action, (a) When the planning commission action is filed with the city clerk, the clerk shall set the matter for public hearing before the city coun- cil, to be noticed and held in accordance with the provisions of Chapters 21.52 and 21.54. (b) The city council shall hear the matter, and after considering the findings and recommendations of the planning commission, may by ordinance approve a master plan if, from the evidence presented at the hearing, the council finds that all of the 'following facts exist:
master plan is consistent with the provisions of the general
plan and any applicable specific plans, All necessary public facilities can be provided concurrent with need and adequate provisions have been pro- vided to implement those portions of the capital improvement program applicable to the subject property. (3) The residential and open space portions of the community will constitute an environment of sustained de- sirability and stability, and that it will be in harmony with or provide compatible variety to the character of the sur- rounding akea, and that the sites proposed for public facil- ities, such as schools, playgrounds and parks, are adequate to serve the anticipated population and appear acceptable to the public authorities having jurisdiction thereof.
(1) The proposed development as described by the
(2)
406-la 3c/ (Carlsbad 7/20/76)
21.38.120
(4) The proposed commercial and industrial uses will
be appropriate in area, location and overall design to the
puzpose intended. such as to create an environment of sustained desirability and stability. Such development will meet performance stan- dards established by this title.
and other similar nonresidential uses, such development will .be proposed, and surrounding areas are protected from any
adverse effects from such development.
suitable and adequate to carry the anticipated traffic there- on.
fied economically at the location proposed and will provide adequate commercial facilities of the types needed at such location proposed.
(8) The area surrounding the development is or can be planned and zoned in coordination and substantial com- patibility with the development. (9) Appropriate measures are proposed to mitigate any adverse environmental impact as noted in the adopted environmental impact report for the project. (c) The citv counc il shall make no substantive modifi-
sation of a Proposed master ulan as recommended by the plan-
mnnins commission for additional study,
report and recommendation. Such additional study, report and recommendation shall be made by the planning commission with-
in forty days of the date of the referral, unless and except as the city council may grant the planning commission addi-
tional time for its review of the matter. Failure of the
planning commission to act within the time limit constitutes
their concurrence with the city council actions. (Ord. 9530
S2, 1979; Qrd. 9458 Sl(part), 1976).
The design and development standards are
I (5) In the case of institutional, recreational,
(6) The streets and thoroughfares proposed are
(7) Any proposed commercial development can be justi-
ess and until such modification has beep ..
21.38.120 Amendment of master plan. (a) The amendment of a master plan may be initiated by the property owner or authorized agent as follows : (1) A request for an amendment shall be submitted
to the planning department in written form and shall be ac-
companied by such additional graphics, statements, or other information as may be required to support tthe proposed amend- ment. The planning commission shall consider the proposed
amendment at its next regular meeting.
(2) If the planning commission considers the amend- ment minor in nature, the additional graphics, statements or other information may be approved by the planning commis- sion'and made a part of the original city council approval without the necessity of a public hearing.
406-lb (Carlsbad 10/15/79) 35-
,?
21.38.130
(3) A minor amendment shall not change the densities, or the boundaries of the subject property or involve an addi- tion of a new use or group of uses not shown on the original master plan or the rearrangement of uses within the master pzan. If the planning commission determines that the amend- ment is not minor 'or that a hearing is otherwise necessary,
it shall set the matter for public hearing.
shall submit a completed application with graphics, state- ments, or other information as may be required to support the proposed modification.
(5) A fee of fifty dollars plus one dollar per acre is required for all property within the portion of the master
p-lan to be mdified.
(6) - An application for a modification of a master plan for which a hearing is required shall be processed, heard, anddetermined in accordance with the terms of this chapter applicable to the adoption of a master plan.
(b) The city council may by motion initiate an amend- ment to a master plan. Such amendments shall be processed, heard and determined in accordance with the terms of this
chapter applicable to the adoption of a master plan. (Ord.
9458 Sl(part), 1976).
21.38.130 Implementation of master plan. (a) To in- sure that the provisions and requirements of the approved master plan are fulfilled, the following procedures shall he used: (1) Upon final approval of a master plan, the plan- ning director shall affix the master plan designation number on the official zone map. (2) Subdivision of land in the master plan area
shall meet all requirements of Titles 20 and 21 of this
code and the approved master plan,
(3) Development of property within a master plan pursuant to a special process such as site development plan, planned unit development permit or conditional use permit shall meet all requirements of the pedt, the approved master plan, and the provisions of this title applicable to such emit.
busines l+censes, and home occupations shall meet all re- quirements of this code and the approved master plan.
of the ongoing city planning effort. It is anticipated that
amendments to the master plan may be necessary prior to com- pletion of the planned community. Approval and construction of a sectional part of a master plan shall not vest rights in the remainder of the plan, The plan is intended rather
as a planning framework to insure that the parts of the plan
as constituted are properly integrated into the city's plan- ning process. (Ord. 9458 Sl(part), 1976).
(4) If public hearing is required, the applicant
(4) Ministerial permits such as building permits,
(b) The planned community master plan process is part
36 406-lc (Carlsbad 7/20/76)
21.38.150 Undeveloped, areas of existing planned com-
munit’les. Undeveloped portions of properties zoned P-C on the effective date of this chapter shall be regulated by this section as follows: (1) Properties of less than one hundred acres shall be considered lawfully nonconforming. The development of such property shall require a planned unit development per- mit or a condominium permit issued in accordance with the
provisions of Chapter 21.45 or Chapter 21.47, whichever chapter is applicable to the development. If no master plan has been approved for the property, the land use shall be consistent with the general plan. If a master plan has
been approved, the density and other provisions of such plan shall be consistent with the general plan. If a master
plan has been approved, the density and other provisions of
such plan shall constitute the underlying zone for purposes
of the planned unit development or condominium permit. (2) Properties of more than one hundred acres for -
which no master plan has been approved shall comply fully with the provisions of this chapter.
(3) Properties of more than one hundred acres, with an approved master plan, shall require either a planned unit development or permits which shall be accomplished in accordance with the provisions of Chapter 21.45 or Chapter 21.47, whichever chapter is applicable to the development.
The density and other provisions of such plan shall consti-
tute the underlying zone for the purposes of the planned unit development or condominium permits. The city council, by motion, or the property owner, by application, may ini-
tiate an amendment to the master plan to bring it into ac- cord with the provisions of this chapter. If such amend- ment is approved, the development of such property shall be in accordance with this chapter.
property with an approved specific plan adopted pursuant to P-C zone regulations in effect prior to the effective . date of this chapter can be developed in accord with such specific plan without further processing as required in
this chapter. (Ord. 9535 51, 1979: Ord. 9458 §l(part),
1976).
(4) Notwithstanding the provisions of this section,
21.38.140 Additional standards. The city council may
by resolution adopt additional standards of development for master plans. Master plans approved or amended after the
effective date of such regulations shall comply therewith. For amended master plans that are partially constructed, -the new standards shall apply to the undeveloped portions
only. (Ord. 945 §l(part), - 1976). ..
406-ld 37 (Carlsbad 10/15/79)