HomeMy WebLinkAbout1984-06-05; City Council; 7769-1; Appeal of Planning Commission DecisionvF CARLSBAD - AGENDA ILL
MTQ 6/5/84
DEPT. PLN
TITLE: DECISION TO DENY A GENERAL PLAN
AMENDMENT AND ZONE CHANGE.
EIR 83-8/GPA/LU 83-14/ZC-278
CARLSBAD LAND INVESTORS.
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RECOMMENDED ACTION:
The Planning Commission and staff are recommending that the City Council, by
minute motion, CERTIFY EIR 83-8 and direct the Attorney's Office to prepare
documents DENYING the appeal of GPA/LU 83-14 and ZC-278.
ITEM EXPLANATION
This item is an appeal of a Planning Commission denial of a general plan amend-
ment and a zone change. The applicant requested a change in land use from low
(RL) density (0-1.5 du's/ac) to low-medium (RLM) density (0-4 du's/ac) and
commercial (C)f and a corresponding zone change on property located south of
Palomar Airport Road and east of Laurel Tree Lane (location map attached).
The proposed change to RLM and C would permit an additional 125 units on the
property plus 6 acres of commerical use. Both the Planning Commission and the
staff felt that the proposed increase in density was inappropriate because of
the noise and impact from the airport and from the Hughes helicopter tests. The
environmental impact report also indicates that it will increase traffic by
10,000 ADT over the existing general plan and will create additional traffic at
the intersection of Palomar Airport Road and College Boulevard, Which is
projected to be a very congested intersection.
Several people spoke against the proposal at the Planning Commission meeting,
including a representative from Hughes Aircraft. In denying the application,
the Planning Commission indicated that staff should take a look at the land use
in this area to see if there are other appropriate uses.
For further information please see the attached staff report to the Planning
Commission.
FISCAL IMPACT
There will be no fiscal impact from the project if denied. If the project is
approved the applicant would ultimately be required to provide public
improvements and would pay a public facility fee to offset other necessary
improvements.
ENVIRONMENTAL REVIEW
An environmental impact report was required for this project and was recommended
for certification by the Planning Commission on April 25, 1984.
EXHIBITS
1. Location Map
2. Planning Commission Resolution Nos. 2279, 2280 & 2281
3. Staff Report, dated April 25, 1984 w/attachments
.OCATION MAP
SITE
EIR 83-8
ZC 278
CARLSBAD INVESTORS GPA/LU 83-14
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PLANNING COMMISSION RESOLUTION NO. 2279
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING CERTIFICATION OF
ENVIRONMENTAL IMPACT REPORT, EIR 83-8, FOR A PROJECT
GENERALLY INCLUDING: 1)A GENERAL PLAN AMENDMENT FROM RL
(0-1.5 DU/AC) TO RLM (0-4 DU/AC) AND C (GENERAL
COMMERCIAL), AND 2) CHANGE OF ZONE FROM E-1-A (CO.) TO
R-1-10,000 AND C-2 ON 85 ACRES LOCATED SOUTH OF PALOMAR
AIRPORT ROAD AND EAST OF LAUREL TREE LANE.
APPLICANT: CARLSBAD LAND INVESTORS
CASE NO; EIR 83-8
WHEREAS, on the 25th day of April, 1984, the Planning
Commission of the City of Carlsbad, held public hearing on EIR 83-8
pursuant to the provisions of Title 19 of the Carlsbad Municipal
Code; and
WHEREAS, the Planning Commission has considered the
comments and documents of all those persons testifying at the
public hearing; and
WHEREAS, the Planning Commission has received EIR 83-8
according to the requirements of Title 19 of the Carlsbad Municipal
Code;
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission
of the City of Carlsbad as follows:
That the foregoing recitations are true and correct.
That the Environmental Impact Report EIR 83-8 will be amended
to include the comments and documents of those testifying at
the public hearing and responses thereto hereby found to be in
good faith and reason by incorporating a copy of the minutes of
said public hearings into the report.
That the Planning Commission finds and determines that the
Environmental Impact Report EIR 83-8 has been completed in
conformance with the California Environmental Quality Act, the
state guidelines implementing said Act, and the provisions of
Title 19 of the Carlsbad Municipal Code and that the Planning
Commission has reviewed, considered and evaluated the informa-
tion contained in the report.
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4. That the Environmental Impact Report EIR 83-8 as so amended and
evaluated, is recommended for acceptance and certification as
the final Environmental Impact Report and that the final
Environmental Impact Report as recommended is adequate and
provides reasonable information on the project and all
reasonable and feasible alternatives thereto, including no
project.
5. That each and every significant environmental impact identified
in the Environmental Impact Report would be overruled or
counterbalanced by changes or alteration in the project which
would mitigate against said adverse impacts or, in certain
circumstances, that mitigation of such adverse impacts would no
be feasible under the circumstances and under the economic and
social needs objectives and concerns in providing the
improvements if the project were to be approved, would be
included as conditions of approval of the project.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Planning Commission of the City of Carlsbad, California, held on th
25th day of April, 1984, by the following vote, to wit:
AYES:
NOES:
Chairman Rombotis, Commissioners Rawlins,
Schlehuber, Marcus, Lyttleton and Smith.
None.
ABSENT: Commissioner Farrow.
ABSTAIN: None.
rE^RY/ROMBOTIS, Chairman
[RLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J.
LAND USE PLANNING MANAGER
PC RESO NO. 2279 -2-
1 PLANNING COMMISSION RESOLUTION NO. 2280
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
3 DENIAL OF AN AMENDMENT TO THE LAND USE ELEMENT
OF THE GENERAL PLAN FROM RL (0-1.5 DU/AC) TO RLM
4 (0-4 DU/AC) AND C (GENERAL COMMERCIAL) ON 85 ACRES
OF PROPERTY GENERALLY LOCATED SOUTH OF PALOMAR
5 AIRPORT ROAD AND EAST OF LAUREL TREE LANE
APPLICANT: CARLSBAD LAND INVESTORS
6 CASE NO.; GPA/LU 83-14
7 WHEREAS, a verified application for an amendment to the
8 General Plan designation for certain property located, as shown on
9 Exhibit "A", dated April 25, 1984, attached and incorporated
10 herein, have been filed with the Planning Commission; and
11 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 25th day of
15 April, 1984, hold a duly noticed public hearing as prescribed by
16 law to consider said request;
17 WHEREAS, at said public hearing, upon hearing and
18 considering all testimony and arguments, if any, of all persons
19 desiring to be heard, said Commission considered al factors
20 relating to the General Plan Amendment.
21 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
22 Commission of the City of Carlsbad, as follows:
23 A) That the abobe recitations are true and correct.
24 B) That in view of the findings made and considering the
applicable law, the decision of the Planning Commission is to
25 recommend DENIAL of GPA/LU 83-14, as shown on Exhibit "A",
dated April 25, 1984.
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Findings;
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1) The increase in vehicular traffic generated by the proposed
28 project would aggravate anticipated capacity problems on Palomajr
Airport Rod, particularly at its intersection with future
College Avenue.
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2) The siting of a general commercial development, with access off
a local residential street, is not consistent with the Carlsbad
Land Use Element policy for the siting of such centers.
3) The project site is located beneath the Hughes Helicopter test
flight pattern and may be subject to potential crash hazards
from these testing operations.
4) Approval of a residential density increase would increase the
number of residences exposed to annoying single-event noise
levels generated by aircraft and helicopters.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Planning Commission of the City of Carlsbad, California, held on the
25th day of April, 1984, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Chairman Rombotis, Commissioners Rawlins,
Schlehuber, Marcus and Smith.
Commissioner Lyttleton.
Commissioner Farrow.
None.
IBOTls, Chairman
JAD PLANNING COMMISSION
ATTEST:
MICHAEL J. HC
LAND USE PLANNING MANAGER
PC RESO NO. 2280 -2-
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PLANNING COMMISSION RESOLUTION NO. 2281
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CASE NO: ZC-278
7 WHEREAS, a verified application for certain property, to
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All that portion of land as delineated on survey map No.
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
DENIAL OF A ZONE CHANGE FROM E-1-A (COUNTY
ZONE) TO R-1-10,000 AND C-2 ON 85 ACRES OF
PROPERTY GENERALLY LOCATED SOUTH OF PALOMAR
AIRPORT ROAD AND EAST OF LAUREL TREE LANE
APPLICANT: CARLSBAD LAND INVESTORS
5715 filed in the Office of County Recorder of San Diego
County, December 19, 1960, being a portion of lot "G" of
the Rancho Agua Hedionda in the County of San Diego,
State of California, according to map thereof No. 823,
filed in the Office of County Recorder of San Diego
County, November 16, 1896.,
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has been filed with the City of Carlsbad, and referred to the
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Planning Commission; and
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WHEREAS, said application constitutes a request as
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provided by Title 21 of the Carlsbad Municipal Code; and
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WHEREAS, the Planning Commission did on the 25th day of
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April, 1984, hold a duly noticed public hearing as prescribed by
law to consider said request; and
WHEREAS, at said public hearing, upon hearing and
considering all testimony and arguments, if any, of all persons
desiring to be heard, said Commission considered all factors
relating to the Zone Change; and
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the
Commission recommends DENIAL of ZC-278, based on the following
findings and subject to the following conditions:
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Findings;
1) The R-l-10,000 zone would allow greater land use density than
the RL general plan designation allows, and is, therefore, not
considered consistent with the general plan.
2) The siting of a general commercial development, with access
off a iocal residential street, is not consistent with the
Carlsbad Land Use Element Policy for the siting of such
centers.
3) The increase in vehicular traffic generated by the commercial
site would aggravate anticipated capacity problems on Palomar
Airport Road, particularly at its intersection with future
College Avenue.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Planning Commission of the City of Carlsbad, California, held on
the 25th day of April, 1984, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Chairman Rombotis, Commissioners Rawlins,
Schlehuber, Marcus and Smith.
Commissioner Lyttleton.
Commissioner Farrow.
None.
irman
PLANNING COMMISSION
ATTEST:
MICHAEL J. HGDZMIL1
LAND USE PLANNING MANAGER
PC RESO NO. 2281 -2-1
STAFF REPORT
DATE: April 25, 1984
TO: Planning Commission
FROM: Land Use Planning Office
SUBJECT!
I.
EIR 83-8/GPA/LU 83-14/ZC-278 - CARLSBAD LAND INVESTORS
Requestfor:{1)Certification of an Environmental
Impact Report, (2) A general plan amendment to allow
increased acreages of RLM land uses and to allow
commercial land uses, and (3) a preannexational zone
change to R-l-10 and C-2 zones. The property is
located on 85 acres, south of Palomar Airport Road,
and east of Laurel Tree Lane.
RECOMMENDATION
It is recommended that the Planning Commission:
1) Adopt Resolution No. 2279 recommending CERTIFICATION of
EIR 83-8 to the City Council based on the findings
contained therein.
2) Adopt Resolution Nos. 2280 and 2281 recommending DENIAL
of GPA/LU 83-14 and ZC-278 to the City Council based on
the findings contained therein.
II. PROJECT DESCRIPTION
The applicant is requesting approval for: 1)the certification of
an Environmental Impact Report on 101 acres (an 85-acre parcel
and a 16-acre parcel) located south of Palomar Airport Road and
east of Laurel Tree Lane, and 2) a general plan amendment and
preannexational zone change on the 85-acre parcel to increase
residential densities and to allow some commercial development.
The subject property consists of a ridgetop and steep slopes
located just south of the planned industrial corridor that
parallels Palomar Airport Road. The slopes on the northern and
eastern boundaries of the site presently form the land use
buffer between industrial and residential development as shown
on the general plan. The entire site is presently designated
for low (0-1.5 du/ac) and low-medium (0-4 du/ac) residential
densities. While the 16-acre parcel located in the northwest
corner of the site has been reviewed for purposes of the EIR,
the owner does not wish to apply for any discretionary actions
at this time. The requested general plan amendment and zone
changes affect only the remaining 85 acres of the site. The
entire property lies within the airport influence area.
As shown on Exhibit "A", the proposed general plan amendment
would eliminate all RL designated acreage on the 85-acre site.
In its place, the RLM acreage would be increased from 29 to 79
acres. Six acres of community commercial acreage would be
created on the north-central portion of the site. This land use
pattern is slightly different than that described in the EIR.
It is so similar, however, that the identified impacts would be
cosidered closely comparable.
The applicant's intent is to develop a comprehensive planned
residential development for approximately 300 attached dwelling
units and 6 commercial acres, to be located on the flatter
portion of the ridgetop. Residential units are proposed toward
the southerly end of the site to reduce the impact of airport
noise. Most of the slope areas are proposed to remain in open
space, utilizing these areas for density credit only. Since the
project is loated within the "airport influence area", a
specific plan or site development plan is required.
III. EIR 83-8 MAJOR IMPACTS
1) Traffic Circulation
The Environmental Impact Report points out that the
proposed land uses exceeds the ADT generated by the
existing general plan by about 10,000. Palomar Airport
road will be operating at or near capacity, and the future
intersection of Palomar Airport Road and College Avenue
will operate at an undesirable level of service even
without the proposed intensification of land use.
2) Land Use
The Environmental Impact Report states that the siting of a
large commercial site, with access off a local residential
street, is not consistent with city policy for the siting
of such centers. The Land Use Element suggests that such
centers be developed at the intersection of arterial
streets. In addition, the project site is located beneath
the Hughes Helicopter test flight pattern and would be
subject to potential crash hazards from these testing
operations.
3) Noise
The northern portion of the project area is within the 1990
65 CNEL noise contour from Palomar Airport. There is the
additional likelihood that the residential area of the
project would be within the 65 CNEL contour for helicopter-
generated noise, given the topography of the site and the
relationship of the flight patterns to the property. In
general, approval of the density increase would increase
the number of residences that could be exposed to annoying
single-event noise levels generated by aircraft and
helicopters and, therefore, could result in increased noise
complaints.
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4) Topography and Visual Aesthetics
An increase in intensity of land use would likely result in
an increase in grading for additional streets and pad areas.
Mitigation includes incorporation of design criteria such
as restricting development to areas with less than 25
percent slope and setting commercial structures back from
slope areas to minimize visibility from outside the project
area.
5) Biological Resources
The Environmental Impact Report identifies two sensitive
plant species on the site. An increase in land use
intensity may result in additional hazards to these plant
populations. Mitigation would include provision of an
effective preservation plan for these plants.
IV. ANALYSIS - GPA/LU 83-14/ZC-278
Planning Issues
1) Can the identified environmental impacts be mitigated
to a level of insignificance?
2) Is there sufficient land use justification that the
proposed land uses are superior to those presently
allowed by the general plan?
Discussion
Staff's concern with the applicant's request revolves primarily
around three major issues; a) land use compatibility, b) traffic
circulation, and c) airport impacts.
The Environmental Impact Report addressed the possibility of 14
acres of commercial use resulting from the proposed general plan
amendment. This includes a six acre area owned by the applicant
which would be changed from the RL designation. The
Environmental Impact Report also discussed a 16 acre parcel
adjacent to the northwest where the owner is also interested in
commercial use. (Due to the slope constraints on the 16-acre
parcel, it is likely that a maximum of 14 acres, including the
proposed 6 acres, of general commercial acreage could result).
The appropriateness of placing such a commercial area off a
local residential street is questionable. The location of the
proposed commercial use, as well as the impacts associated with
high intensity uses, could increase the potential for land use
incompatibilities. The natural slopes to the north and east
provide a useful and attractive land use buffer to the approved
planned industrial uses along the south side of Palomar Airport
Road. In staff's opinion, the ridgetop, and property to the
south, is most appropriate for residential land uses. This is
consistent with staff and City Council action to date.
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In addition,_the Environmental Impact Report traffic study has
identified anticipated traffic capacity problems (with uses
presently allowed by the general plan) on Palomar Airport Road,
particularly at its intersection with College Avenue. Staff
concludes that land use intensification should not occur in
areas that will generate traffic at intersections already
identified as problem areas, unless overriding considerations
exist. Staff is unable to find these considerations.
The proposed project is located 2700 feet from the take-off end
of the Palomar Airport runway. As such, there are presently
hundreds of take-offs per day, at full-engine speed, travelling
close to the subject property.
The entire site is within the airport influence area. Although
only a small (northern) portion of the site is encumbered by the
official crash impact zone for general aircraft, significant
numbers of Hughes Helicopters transverse the site daily. The
Hughes Company has written a letter to the City asking the City
not to increase residential density on this property.
It is apparent that the existing low-density land use
designations were placed on the site for the specific purpose
that such land uses would subject less residents to aircraft
noise and crash hazards. Staff concludes that this is sound
reasoning and does not recommend any increase in residential
intensity on the site. Finally, staff feels that the subject
property should be developed through the Planned Development
Ordinance. This is the perfect vehicle to use to transfer
residential density from the entire property and cluster it on
the south side of the property away from the noise impacts.
Attachments
1. Planning Commission Resolution Nos. 2279, 2280 and 2281
2. Location map
3. Background Data Sheet
4. Disclosure Form
5. Exhibit "A", dated April 25, 1984
PJK:ad
4/11/84
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BACKGROUND DATA SHEET
CASE NO: EIR 83-8/GPA/LU 83-14/ZC-278
APPLICANT: CARLSBAD LAND INVESTORS
REQUEST AND LOCATION: Certification of EIR, GPA to allow RLM and C land uses,
with corresponding zoning, south of Palomar Airport Road/ E/of Laurel Tree Ln.
A portion of lot "G" of the Rancho Agua Hedionda in the Cty
LEGAL DESCRIPTION: of San Diego,State of CA, according to map thereof No. 823,
filed in the Office of County Recorder of San Diego County, Nov. 16, 1891)
APN; 212-04—30
Acres 85 Proposed No. of Lots/Units
GENERAL PLAN AND ZONING
Land Use Designation RL and RLM
Density Allowed 0-1.5 and 0-4 Density Proposed 0-4 and commercial
Existing Zone E-l-A(co) Proposed Zone R-l-10 and C-2
Surrounding Zoning and Land Use:
Zoning Land Use
Site E-l-A(co) Vacant
North P-M-Q Vacant
South E-l-A(co) Vacant
East P-M-Q Industrial
West E-l-A(co) Vacant
PUBLIC FACILITIES
School District Carlsbad Water Carlsbad Sewer Carlsbad EDU's
Public Facilities Fee Agreement, dated October 16, 1981
ENVIRONMENTAL IMPACT ASSESSMENT
Negative Declaration, issued
X E.I.R. Certified, dated April 25, 1984
Other,
EXISTING EXHIBIT A
4-26-84
PROPOSED
3PA/LU 83-14
CARLSBAD LAND INVESTORS ZC-278