HomeMy WebLinkAbout1984-08-21; City Council; 7858; Preannexational zone Change - Agatep Corp- e---
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IEPT. Pm
s-90 m *l . AGATEP oOF@ORATIoN - ZC-302
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DEPT. HD.
CITY AlTYi.M
CITY MOR..%
CIT-F CARLSBAD - AGEND~~ILL -
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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 -
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SEAPORT HOMES
AGATEP CORP. I ZC -302 I
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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
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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)
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EXHIBIT A
7-5-84
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SEAPORT HOMES
R- 1-ZONE
C-GENERAL PLAN
AGATEP CORP. I ZC -302
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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).
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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.
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I/// PC RES0 NO. 2324 -2-
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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
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'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?
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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
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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)
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(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
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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