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HomeMy WebLinkAbout1984-08-21; City Council; 7858; Preannexational zone Change - Agatep Corp- e--- iB# 78Kr PREA"MATI0NALM)NEC"GEEROM~ ITG.8/21/84 IEPT. Pm s-90 m *l . AGATEP oOF@ORATIoN - ZC-302 . -- ,-. , DEPT. HD. CITY AlTYi.M CITY MOR..% CIT-F CARLSBAD - AGEND~~ILL - I I RECOMMENDED ACTION: me Planning Carmission and staff are recarmending that the City mcil introduce Ordinance No. 9 730 8 AFT- ZC-302 . tm MpLANATIau Ihis item is a preannexational zone change fran County S-90 to R-1 on four parcels having a dined area of 20.27 acres. The property is located -ox- imately one-half mile northwest of the intersection of El Cdno Real and Alga Road. he applicant's intent is to place a city aone on the property 80 that he may mnex the parcels into Carlsbad. The applicant has msuccessfully attempted to include other property owners in the zone change and annexation request. The applicant has no developent plans at this time. ke Planning Cdssion found the zone change to be consistent with the RLM (0-4 3u/acre) designated for this site by the general plan. Also, the carmission Eelt uses allowed in the R-1 zone wuld be ampatible with future surrounding land uses. Through staff review and Planning Carmission hearing, all issues on this matter have been satisfactorily resolved. The Land Use Planning Manager has determined that this project will mt cause any significant environmental inpacts and, therefore, has issued a Negative Declaration, dated June 21, 1984, which was qqroved by the Planning Carmission on July 25, 1984. A mpy of the environmental documents is on file in the Land Use Planning Office. At the time of developnent, the applicant will pravide all required plblic improven-ents to serve the project. In addition, the applicant has agreed b pay a public facilities fee to offset the cost of providing other public services b the Foject. EXHIBITS 1. Wation Map 2. City Oouncil Ordinance No. 73 o 3. FC Izlesolution No. 2324 4. Staff Wrt, dated July 25, 1984 w/attachments LPCATION MAP - t SEAPORT HOMES AGATEP CORP. I ZC -302 I I, i 1 2 3 4 5 6 7 9 IC 11 12 , 12 14 1E l! 2( 21 2: 2; 21 2! 2t 2': 2t ORDINANCE NO. 9730 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 21 OF THE CARLSBAD MUNICIPAL CODE BY AMENDING THE ZONING MAP FOR A PREANNEXATIONAL ZONE CHANGE FROM COUNTY S-90 TO R-1 ON PROPERTY GENERALLY LOCATED APPROXIMATELY ONE-HALF MILE NORTHWEST OF THE INTERSECTION OF EL CAMINO REAL AND ALGA ROAD. APPLICANT: AGATEP CORPORATION CASE NO: ZC-302 The City Council of the City of Carlsbad, California, does xdain as follows: SECTION 1: Title 21 of the Carlsbad Municipal Code is 3mended by the amendment of a zoning map for a preannexational zone Zhange from County S-90 to R-1 on property as shown on the map narked ZC-302, Exhibit "A", attached hereto and made a part iereof . SECTION 2: This project is approved upon the express jondition that the applicant shall pay a public facilities fee as required by.City Council Policy No. 17, dated August 29, 1979, and smended 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 November 2, 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 1 2 3 4 5 6 7 a 9 10 11 12 13 14 1 -.. 15 16 17 1E 19 2c 21 2% 22 24 25 26 27 28 xdinance and cause it to be published at least once in the Zarlsbad Journal within fifteen days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of the Zarlsbad City Council on the 21st day of August p 1984 and th.ereaf ter PASSED AND ADOPTED at a regular meeting of said City Council held on the 4th day of Sep- 1984, by the following vote, to wit: AYES: Council Members Casler, Iewis, Kulchb ard Prescott NOES: Nom ABSENT: None ABSTAIN: CouncilMmberChick RTTEST: ALETHA L. RAUT ,.,I (SEAL) -2- I EXHIBIT A 7-5-84 . SEAPORT HOMES R- 1-ZONE C-GENERAL PLAN AGATEP CORP. I ZC -302 RD-M RM 1 2 3 4 5 E 7 € s 1c 13 1: 12 14 1: le 1: 1t 1: 2( 21 2; 21 24 2: 2t 2: 2t PLANNING COMMISSION RESOLUTION NO. 2324 A RESOLUTION OF THE PLAIUNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A PREANNEXATIONAL ZONE CHANGE FROM COUNTY S-90 TO CITY OF CARLSBAD R-1 ON PROPERTY GENERALLY LOCATED APPROXIMATELY ONE-HALF MILE NORTHWEST OF THE INTERSECTION OF EL CAMINO REAL AND ALGA ROAD. APPLICANT: AGATEP CORPORATION CASE NO.: ZC-302 WHEREAS, a verified application for certain property, to wit: A portion of the Northwest Quarter of the Northwest Quarter of Section 26, Township 12 South, Range 4 West, San Bernardino Base and Meridian, has been filed with the City of Carlsbad, and referred to the Planning Commission; and WHEREAS, said application constitutes a request as provided by Title 21 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did on the 25th day of July, 1984, hold a duly noticed public hearing as prescribed by lat 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 above recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission recommends APPROVAL of ZC-302, based on the following findings and subject to the following conditions: Find ings : 1) The proposed zone change to R-1 is consistent with the Genera Plan designation of RLM, Residential Low-Medium (0-4 du/ac). 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 2% 2) The uses allowed in the R-1 zone are compatible with the surrounding properties since the properties to the north, south and east will be given a similar zoning designation when they annex into the City of Carlsbad. icies and ordinances since: 3) The project is consistent with all City public facility pol- l 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. 4) This project will not cause any significant environmental impacts and a Negative Declaration has been issued by the Land Use Planning Manager on June 21, 1984 and approved by the Planning Commission on July 25, 1984. Conditions: 1 ) Approval is granted for ZC-302, as shown on Exhibit "A", dated July 5, 1984, incorporated by reference and on file in She Lan Use Planning Office. This project is approved upon the express condition that the applicant shall pay a public facilities fee as required by Cit 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 November 2, 1983, is on file with the City Clerk and incorporated herein by reference. If said fee is not paid as promised, this application will no be consistent with the General Plan and approval for this project shall be void. 12) ~ ~ //// I I //// //// //// //// //// I/// PC RES0 NO. 2324 -2- ' ... 1 2 3 4 5 6 7 8 9 1c 11 1% 12 14 15 16 17 1E 1s 2c 21 22 22 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a regular meeting of the Lanning Commission of the City of Carlsbad, California, held on he 25th day of July, 1984, by the following vote, to wit: AYES : Chairman Rombotis, Commissioners Marcus, Farrow, NOES : None. ABSENT: Commissioner Schlehuber and Smith. ABSTAIN: None. - McFadden and Rawlins. CARLSBAD PLANNING COMMISSION TTEST: . ICHAEL J. HOLZMILLER AND USE PLANNING MANAGER -3- 8 '1 .. , APPLPyrION !mBMIlTAL DAm: EEBRL .Y 9, 1984 STAFF REPORT 0 DATE : July 25, 1984 TO: Planning Commission FROM: Land Use Planning Office SUBJECT: ZC-302 - AGATEP CORPORATION - Request for a preannexational zone change from County S-90 to City of Carlsbad R-1 for four parcels with a combined area of 20.27 acres located approximately one-half mile northwest of the intersection of El Camino Real and Alga Road. I. RECOMMENDATION It is recommended that the Planning Commission APPROVE the Negative Declaration issued by the Land Use Planning Manager and ADOPT Resolution No. 2324 recommending APPROVAL of ZC-302 based one findings and subject to the conditions contained therein.. 11 . PROJECT DESCRIPTION The applicant is requesting a preannexational zone change from County S-90 to R-1 for four parcels located as described above. The site is bisected by a north-south trending canyon and covered with native vegetation at the present time. A San Diego Gas and Electric powerline easement runs northwest to southeast across the property. The Carlsbad General Plan has designated these parcels as RLM, Residential Low-Medium (0-4 du/ac). Portions of the site have been used for agriculture in the past. Adjacent land uses include residences to the east and distant south, and agricultural uses, both current and abandoned on most adjacent parcels. At the present time, the subject properties can only be accessed via dirt roads. No development proposal has been submitted for this site. 111. ANALY S IS Planning Issues 1) Is the proposed R-1 zone consistent with the RLM General Plan designation? 2) Is the proposed R-1 zone and the uses allowed within this zone, consistent with surrounding zoning and land uses? 9 Discussion The proposed zone change to R-1 is consistent with the subject property's general plan designation of RLM, Residential Low- Medium (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 the property to be developed at a density of up to 4 du/ac. All of the surrounding properties have a general plan designation of 0-4 du/ac. AS mentioned previously, no development plans have been submitted for the subject property and the site can only be accessed via dirt roads. Due to the isolated nature of this site staff does not foresee any development proposals being proposed for this site in the near future. When the property is developed it will most likely receive access from Alga Road or an unnamed secondary arterial between Poinsettia Lane and Lagoon Lane. The applicant has informed staff that the only purpose of this zone change request is to annex the subject property into the City of Carlsbad. The property is adjacent to property within the City of Carlsbad to,the west. Annexation of the property into Carlsbad would'not create a city island within a county island. Overall, 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-302. IV. ENVIRONMENTAL REVIEW The Land Use Planning Manager has determined that this project will not have a significant effect on the environment and, therefore, has issued a Negative Declaration on June 21, 1984. ATTACHMENTS 1) Planning Commission Resolution No. 2324 2) Location Map 3) Background Data Sheet 4) Disclosure Form 5) Environmental Documents 6) Exhibit "Aa, dated July 5, 1984 MH:bw 7/11/84 -2- APPLICAtW: Agatep Corporation REQuEsr AND u3cATIoN: Preannexational zone change to R-1 for four parcels with a &in4 area of 20.27 acres about a 1/2 mile mrthwest of the intersection of El Camin0 Real and Alga Road. UGAL DESCRIPTION: A portion of the Northwest Quarter of the Northwest Qwrter of Section 26, !bunship 12 South, Rang e 4 West, San Bernardim Base and Meridian. APN: 215-0504447 Acres 20.27 Pmpoeed No. of ksts/Units 4 Land use Designation RUY Density Allwed 0-4 du/- Density prapoeed - Existing Zone County S-90 Proposed R-1 Surraundirrg Zoning and Land Use: Site North south East west county s-90 Vacant county s-90 vacant county s-90 Vacant cbunty s-90 Vacant Fc vacant PUBLIC FACILITIES School District Carlsbad Water Carlsbad Sewer Carlsbad EDu's Public Facilities Fee Agrwnt, dated Novens3er 2, 1983 ENvImwmTAL IMPAcTAssE!3sImr - X Negative Declaration, issued June 21, 1984 - E.1.R. Certified, dated Other, . ' AGENT: . .. .. . .. . . .- Bushers Address , .. , .. . .. . .. ,. .. venture, corporation, syndication) .- .. (Attach more sheets if necessary) X/We dec2ese uzdez penalty Of perjury that the inforr.ation contaimd in this dis- relied upon as b closurrc is LYC and correct and that it /Ap-n~+ ,~ .BY gan t , Osner , Par FnFr - I .. . Carlsbad Journal Decreed a Legal Newspaper by the Superior Court of San Diego County 3 138 ROOSEVELT ST. 0 P.O. BOX 248 CARLSBAD, CA 92008 729-2345 Proof of Publication STATE OF CALIFORNIA, ss, COUNTY OF SAN DIEGO, I am a citizen of the United States and a resident of the county aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am principal clerk of the printer of the Carlsbad Journal a newspaper of general circulation, published twice weekly in the City of Carlsbad, County of Sun Diego, State of California, and which newspaper is published for the dissemination of local news and intelligence of a general character, and which newspaper at all times herein mentioned had and still has a bona fide subscription list of paying subscribers, and which newspaper has been established and published at regular intervals in the said City of Carlsbad, County of Sun Diego, State of California, for a period exceeding one year next preceding the date of publication of the notice hereinafter referred to; and that the notice NOTICE OF PUBLIC HEARING zc-302 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 600 P.M. on Tuesday. August 21, 1984, to consider an application for preannexational zone change tYom County S-QO to City of Carlsbad R-1 for four parcels with a combined generally located approximately tersection of El Camino Real and 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: area of 20.27 acres on property one-half mile northwest of the in- Alga Road and more particularly described as: A portion of the Northwest Quar- ter of the Northwest Quarter of Sec- West, San Bernardino Base and Applicant: Agatep Corporation 84 tion 26, Township 12 South, Range 4 August 11 Meridian. . ................................. 19 .... CARLSBAD CITY COUNCIL I KXHIUT A 1 7-S-Dt ................................ 19 .... cc ILY ................................. 19.. ................................. 19 .... ............................... 19 .... I certify under penalty of perjury that the foregoing is true and correct. Executed t Carl d County of San Diego, State of California on %he %eh day of Auqust. 1984