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Home My WebLink About1984-06-05; City Council; 7772; Preannexational zone Change - Schinko/Wersching.. .. . ,B# 77 72 TITLE: PREANNEXATIONAL ZONE QlANGE FROM ITG.6/5/84 IEPT. PLN A-70 (C0U"Y) TO El-7500. ZC-299 - SCHINKO~RSCHING. CIT 3F CARLSBAD - AGENDL )ILL DEPT. HD. CITY ATTY& CITY MGR. C LL > C Q a a .. z 0 F 0 4 2 0 z 3 0 0 3ECOMMENDED ACTION: The Planning Comnission and staff are recumending that the City Council introduce Ordinance No. 7 7a ] , APPROVING ZC-299. ITEM EXPLANATION This item is a preannexational zone change from A-70 (County) to R-1-7500 for two parcels having a combined area of 19.97 acres. The property is located to the south of the southerly end of Pontiac Drive as shown on the attached location map. The applicant muld like to prezone the property ED that he can annex into the City of Carlsbad. The Planning Conmission found that the proposed R-1-7500 zone is mnsistent with the general plan land use designation of RLM (0-4 du's/acre). Also, the Commission found that the uses allowed in the R-1-7500 zone wxld be compatible with surrounding residential land uses. Through staff review and Planning Connnission hearing, all issues on this matter have been satisfactorily resolved. The Land Use Planning Manager has determined that this project will not cause any significant environmental impacts and; therefore, has issued a Negative Declaration, dated April 20, 1984, which was approved by the Planning Canmission on May 9, 1984. A copy of the environmental documents is on file in the Land Use Planning Office. FISCAL IMPACT At the time of development, the applicant will provide all required public improvements to serve the project. In ddition, the applicant has qreed to py a public facilities fee to offset the cost of providing other public services to the project. EXHIBITS 1. bation Map 2. City Council Ordinance No. 7'7J/ w/attached Exhibit "A" 3. PC Resolution No. 2287 4. Staff Report, dated May 9, 1984 w/attachments r 1 ---ZONE BOUNDARY PC-ZONE [RLMI-G ENERAL PLAN 1 - si SCHINKOIWERSCHING ZC-299 LOCATION MAP 4 to R-1-7500 1 2 3 4 5 6 7 E S 1c 11 12 1: 14 1: le 1: 1t 1s 2( 22 2: 2; 2L 2! 2t 2': 2t ORDINANCE NO. 9721 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD MUNICIPAL CODE BY AMENDING THE ZONING MAP FOR A PREANNEXATIONAL ZONE CHANGE FROM A-70(CO) TO R-1-7500 ON PROPERTY GENERALLY LOCATED TO THE SOUTH OF THE SOUTHERLY END OF PONTIAC DRIVE. APPLICANT: SCHINKO/WERSCHING CASE NO: ZC-299 The City Council of the City of Carlsbad, California, CARLSBAD, CALIFORNIA, AMENDING TITLE 21 OF THE does ordain a5 follows: SECTION 1: Title 21 of the Carlsbad Municipal Code is amended by the amendment of a zoning map for a preannexational zone change from A-70(Co.) to R-1-7500 on property as shown on the map marked ZC-299, Exhibit "A", attached hereto and made a part hereof. SECTION 2: This project is approved upon the express condition that the applicant shall pay a public facilities fee as required by City Council Policy No. 17, dated August 29, 1979, and amended on April 2, 1982, on file with the City Clerk and incorporated herein by reference, and according to the agreement executed by the applicant for payment of said fee a copy of that agreement dated December 13, 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 for this project shall be void. Said fees shall be paid based on the April 2, 1982 version of Policy No. 17. EFFECTIVE DATE: This ordinance shall be effective upon the effective date of the annexation of the property into the city, and the City Clerk shall certify to the adoption of this 3 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3rdinance and cause it to be published at least once in the 3arlsbad Journal within fifteen days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of the 3arlsbad City Council on the 5th day of June , 1984 md thereafter PASSED AND ADOPTED at a regular meeting of said City :ouncil held on the 19th day of Jm , 1984, by the Eollowing vote, to wit: AYES: Council Wrs Casler, NOES: ABSENT: None 4TTEST: Lewis, Kulchin, Chick and Prescott % d- L MARY H. C SLER, Mayor A& @! QQA 4LETHA L. RAUTENKRANZ, City C1e)rk d (SEAL) -2- 4 .. -..- . A-70(Co.) to R-1-7500 (Carlsbad) \ R- 1-7500 A-tO(Co.) PC 1 16 17 PLANNING COMMISSION RESOLUTION NO. 2287 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A PREANNEXATIONAL ZONE CHANGE FROM A-70 (COUNTY) TO R-1-7500 ON PROPERTY GENERALLY LOCATED SOUTH OF THE SOUTHERLY TERMINUS OF PONTIAC DRIVE, APPLICANT: SCHINKO/WERSCHING CASE NO: ZC-299 WHEREAS, at said public hearing, upon hearing and 6 I/ WHEREAS, a verified application for certain property, to I 25 26 27 28 11 I Findings: 1 I 1; Medium (0-4 du/ac). 1 I 2. The uses allowed in the R-1-7500 zone are compatible with i the north and south are zoned R-1-7500. 1. The proposed zone change to R-1-7500 is consistent with the General Plan designation of RLM, Residential Low- , the surrounding properties since both the properties to I A portion of Lot "J" of Rancho Agua Hedionda according to Map 823 filed November 16, 1896, 9//has been filed with the City of Carlsbad, and referred to the loi1Planning Commission; and WHEREAS, said application constitutes a request as l2l1provided by Title 21 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did on the 9th day of 1984, hold a duly noticed public hearing as prescribed by law l3 14 I to consider said request; and 18 1' /desiring to be heard, said Commission considered all factors 19 11 - relating to the Zone Change; and 20 I! NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning I as follows: 22 I l/A) That the foregoing recitations are true and correct. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 19 19 20 21 22 23 24 25 26 27 28 3) The project is consistent with all City public facility pol- icies and ordinances since: a) 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. 6) This project will not cause any significant environmental impacts and a Negative Declaration has been issued by the Lanc Use Planning Manager on April 20, 1984 and approved by the Planning Commission on May 9, 1984. Conditions: 1) Approval is granted for ZC-299, as shown on Exhibit "A", datec April 20, 1984, incorporated by reference and on file in the Land Use Planning Office. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 9th day of May, 1984, by the following vote, to wit: AYES: NOES : ABSENT: ABSTAIN: Chairman Rombotis, Commissioners Rawlins, Schlehuber, Marcus, Farrow and Smith. None. None. None. JERRY ROMBOTIS, Chairman CARLSBAD PLANNING COMMISSION ATTEST: MICHAEL J. HOLZMILLER LAND USE PLANNING MANAGER PC RES0 NO. 2287 -2- Dm APPLICATION SUBMITTAL DATE: DECE”P3ER 14, 1983 - STAFF REPORT DATE : May 9, 1984 TO : Planning Commission FROM : Land Use Planning Office SUBJECT: ZC-299 - SCHINKO/WERSCHING - Request for a preannexational .zone change from A-70 (County) to R-1- 7500 for two parcels with a combined area of 19.97 acres located to the south of the southerly end of Pontiac Drive. I. RECOMMENDATION It is recommended that the Planning Commission APPROVE the Negative Declaration issued by the Land Use Planning Manager and ADOPT Resolution No. 2287 recommending APPROVAL of ZC-299 based on the findings contained therein. I1 . PROJECT DESCRIPTION AND BACKGROUND The applicants are requesting a preannexational zone change from County A-70 to R-1-7500 for two parcels located as described above. The subject properties are relatively flat with a slight slope down to the west and south. Both parcels are presently being used for agricultural purposes. The Carlsbad General Plan has designated these parcels as RLM, Residential Low-Medium (0-4 du/ac) . As shown by the location map, the subject properties are part of a County island within the City of Carlsbad. The property to the north of the subject property is zoned R-1 and the property to the east is zoned P-C. The properties directly to the west and south are in the County at the present time, but developers have indicated that they intend to submit a tentative map and apply for annexation in the near future. Single family homes are being constructed to the north of the subject properties. A tentative tract map has been approved to the south of the subject properties and another is being considered directly to the east. No development proposals have been submitted for either of the subject properties. 111. ANALY S IS Planning Issues 1. Is the proposed R-1 zone consistent with the RLM General 2. Is the proposed R-1 zone and the uses allowed within this Plan designation? zone, consistent with the surrounding zoning and land uses? Discussion The proposed zone change to R-1 is consistent with the subject property's general plan designation of RLM, Residential Medium- Low (0-4 du/ac). R-1 is the implementing zone for property designated RLM. The proposed R-1 zone and the uses permitted within it will be consistent with the surrounding zoning and land uses. The proposed zoning would allow single family homes on 7500 square foot lots or a clustered'planned unit development. As mentioned previously, the property to the north is being developed with 7500 square foot single family lots. The properties to the east and south will be developed as a planned unit development with clustered housing. In conclusion, staff believes that the proposed zone change is compatible with the General Plan and will not adversely affect any of the adjacent properties. Staff, therefore, recommends approval of ZC-299. 111. ENVIRONMENTAL DOCUMENTS The Land Use Planning Manager has determined that this project will not have a significant effect on the environment and, therefore, has issued a Negative Declaration on April 20, 1984. Attachments 1. Planning Commission Resolution No. 2287 2. Location Map 3. Background Data Sheet 4. Disclosure Form 5. Environmental Documents 6. Exhibit "A", dated April 20, 1984 MH:ad 4/24/84 -2- i CASE ND: ZC-299 APPLICANT: SCHINKO~RSCHING REQUEST AND LOCATION: Weannexational zone change from County of San Diego to City of Carlsbad R-1-7500 south of Pontiac Drive LEGAL DESCRIPTION: A portion of Lot "J" of Ranch Agua Hedionda according to M~D 823 filed November 16, 1896 APN: 167-100-8 & 15 Acres 19.97 Proposed No. of Lotsnnits Land Use Designation U Density Allowed 0-4 Density Proposed Existing Zone County A-70 Proposed Zone R-1-7500 Surrounding Zoning and Land Use: Zoning Land Use Site County A-70 Vacant North R-1 SFD South R-1 Vacant East P-C Vacant West County A-70 PUBLIC FACILITIES Vacant School District Carlsbad Water Carlsbad Sewer Carlsbad m's Public Facilities Fee Agreement, dated December 13, 1983 - X Negative Declaration, issued April 20, 1984 - E.I.R. Certified, dated Other, , you will be so ad7-4sed- Y ,-;-,at further infornation . .. . ... I .. . ... I Steve and b. ia' Schinko, Reinhard and llen Schinko '- rw~~~a~~: Euqene and Gertrude Oechsler Sa7.e (individual, partnership, joint venture, cor-pra tion, syndicatioa) 20451 Clearwood Circle, Huntington Beach, Ca. 92646 Business Address Telephone Number AGEXT : John P. Shook ,.of Shook, Dunkerly, Thompson & Anderson, Attbrneys rise 2276 Torrance Boulevard, Torrance, California 90274' - _. Business Address .. (213) 320 .9742 Telephone N&r . . *- . -- .. . Ei.BZ3S: ?:me *(individurl, partner, joict . Eome >dress -entue, coqozil tion, syndication) Eoma Address .- - - -a -.-- (At"cach nore sheets if necessazy) .. *. \'a .. lr &L.C<C crJ= +*.---,a..YC*.r.- -- - - - - &L, further infomation -7 required, you will be so adv: F- APPLICPBT : Jakob and Maria Wersching tiane (individual, partnership, joint venture, cor-%ration, syndicatioa) 30772 Via La Cresta, Rancho Palos Verdes, California 90274 Business Address (213) 377-8703 Telephone Number AGZNT : John P. Shook, of Shook, Dunkerly, Thompson 6r Ander-son, Attorneys Name - 2276 Torrance Boulevard, Torrance, Caiiforni'a 90274' .. Business Address ._ -- -. . (21'3) 32029742 - Telephone NuEbar . . P.!SHBms: pi-e *(individual, partner, joint . Ene 2dress venture, coqoza tion syndication) (Attach more sheets if necessary) Carlsbad Journal Decreed a Legal Newspaper by the Superior Court of Son Diego County 3 138 ROOSEVELT ST. 0 P.O. BOX 248 0 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 Carlsbad Journal 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 the dissemination of local news and intelligence of a general character, and which newspaper at all times herein mentioned had and still has a bona fide subscription list of paying subscribers, and which newspaper has been established and published at regular intervals in the said City of Carlsbad, County of Sun Diego, State of California, for a period exceeding one year NOTICE OF PUPLIC HEARING zc-299 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 8:OO P.M. on Tuesday, June 5, 1984. to consider an application for a preanexational zone change from County A-70 to Cityof Carlsbad R-1, Single Family Residential, 7500 square foot minimum lot size for two parcels with a combined area of 19.97 acres on property generally located to thesouth ofthe southerly end of Pontiac Drive and more par- ticularly described as: A portion of Lot 5 of Rancho Agua Hedionda according to Map 823 filed November 18. 1896. Applicant: SchinkoNersching CARLSBAD CITY COUNCIL I LOCATION MAP I 5 ,- SCH I N KO/ W E R3Hl NO I C - 2 9 9 13 00 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: May 19 84 ................................. 19.. ................................ 19 .... ................................. 19 .... ................................. 19.. ................................. 19 .... I certify under penalty of perjury that the foregoing is true and correct. Executed 'the t Carl s&$founty of San Diego, State of California on Clerk of the Printer U SI%: May 19,1984