HomeMy WebLinkAbout1984-10-02; City Council; 7893; Preannexational ZC - Carlsbad Land InvestorsCITY ATTY % DEPT. HD.
CITY MGR.~
RECOMMENDED ACTION:
The Planning Carmission and the staff me recarmending that the City Council introduce Ordinance No. 9 736 , APPMNG ZC-278.
The applicant is requesting a me change fran mty zoning R-1 and open
Space on property located south of Palamar Airport Road and east of Laurel Tree Lane (location map attached). In July of this year the City Council approved a general plan mendment changing a portion of this property fran R-L (0-1.5 du's/acre) to RLM (0-4 du/ac) making the entire parcel RLM. The applicant ha3 originally included a request for some Camnercial (C) area along with an increased residential density.
In return for the granting of a higher density by the City Council the applicant agreed to concentrate developnent on the southern three-fourths of the site, away from the airport noise. This muld be accmplished by mning the southern
65 acres Ft-1 and the northern 20 acres as apen space.
The Planning Comnission felt that this was a good' ampranise in that the applicant can receive density credit for the entire 85 acres but will concentrate devel-nt on the southern 65 acres, away from the airport. Both the Planning Cdssion and the staff are recaarmending approval.
ENVIRCWENTALI REVIEW
The project has undergone previous environmental review and a Notice of prior Enviromntal Corrgliance has been issued m August 15, 1984.
FISCAL IMPACT
The applicant will provide all required public improVements to the project. Also, the applicant has agreed to pay a plblic facilities fee to offset the costs of providing all other public services.
EXHIBITS
2. Ordinance Nb.
3. EC &solution 4. FC Staff Report dated Septenber 12, 1984
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ORDINANCE NO. 9736
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
FROM COUNTY ZONING TO R-1 AND 0-S ON APPROXIMATELY
85 ACRES ON PROPERTY GENERALLY LOCATED SOUTH OF
PALOMAR AIRPORT ROAD AND EAST OF LAUREL TREE LANE.
APPLICANT: CARLSBAD LAND INVESTORS. CASE NO: ZC-278
The City Council of the City of Carlsbad, California,
oes ordain as follows:
SECTION 1: Title 21 of the Carlsbad Municipal Code is
mended by the amendment of a zoning map from County zoning to
.-1 and Open Space on property as shown on the map marked
C-278, Exhibit "A", attached hereto and made a part hereof.
EFFECTIVE DATE: This ordinance shall be effective
hirty days after its adoption, and the City Clerk shall certify
o the adoption of this ordinance and cause it to be published
It least once in the Carlsbad Journal within fifteen days afer
ts adoption.
INTRODUCED AND FIRST READ at a regular meeting of the
:arlsbad City Council on the 2nd day of 0c-r , 1984
ind thereafter
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PASSED AND ADOPTED at a regular meeting of said City
:ouncil held on the 9th day of October 8 1984, by the
iollowing vote, to wit:
AYES: coUn=il Wnkers Casler, Iewis, Chick and Presoott
NOES: None
ABSENT:
pJ3s!I7UN: Council Wnber Kulchh
4TTEST :
:SEAL)
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PROPOSED ZONING EXHIBIT A
8-12-84
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PROPOSED O-S(OPEN SPACE) ZONE - 20 ACRES
PROPOSED R-1 (SINOLE FAMILY RESIDENTIAL) ZONE - 66 ACRES
2C-278 t:
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PLANNING COMMISSION RESOLUTION NO. 2344
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A ZONE CHANGE FROM COUNTY
AGRICULTURE ZONE (E-1-A) TO CITY R-1-7500 AND
OS ON 85 ACRES OF PROPERTY GENERALLY LOCATED
SOUTH OF PALOMAR AIRPORT ROAD AND EAST OF
LAUREL TREE LANE APPLICANT: CARLSBAD LAND INVESTORS CASE NO: ZC-278
WHEREAS, a verified application for certain property, to
lit:
All that portion of land as delineated on survey map No.
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,
as been filed with the City of Carlsbad, and referred to the
llanning Commission; and
WHEREAS, said application constitutes a request as
lrovided by Title 21 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did on the 12th day of
eptember, 1984, hold a duly noticed public hearing as prescribed
~y law to consider said request; and
WHEREAS, at said public hearing, upon hearing and
Ionsidering all testimony and arguments, if any, of all persons
lesiring to be heard, said Commission considered all factors
,elating to the Zone Change; and
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
ommission as follows:
i) That the above recitations are true and correct.
I) That based on the evidence presented at the public hearing, the Commission recommends APPROVAL of ZC-278, based on the following findings and subject to the following conditions:
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Findings :
The proposed change of zone to R-1-7500 and open space is
consistent with the general plan designation of RLM,
Residential Low-Medium (0-4 du/ac).
The uses allowed in the R-1-7500 and OS zones are compatible
with the surrounding properties since development in the area is designated for resiential uses of similar densities. Slopes and open space zoning will separate the R-1 acreage from industrial uses to the north and east.
The zoning designations are sensitive to noise impacts from
Palomar Airport and Palomar Airport Road in restricting residential development to the southern portion of the site.
The project is consistent with all City public facility pol -
icies and ordinances since:
The Planning Commission has, by inclusion of an
appropriate 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 satisfied 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 .
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.
This project will not cause any significant environmental
impacts and a Notice of Prior Compliance has been issued by
the Land Use Planning Manager on August 15, 1984 and approved by the Planning Commission on September 12, 1984.
Condition:
1) Approval is granted for ZC-278, as shown on Exhibit "A", dated
September 12, 1984, incorporated by reference and on file in the Land Use Planning Office.
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PC RES0 NO. 2344 -2-
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PASSED, APPROVED AND ADOPTED at a regular meeting of the
llanning Commission of the City of Carlsbad, California, held on the
2th day of September, 1984, by the following vote, to wit:
AYES:
NOES :
ABSENT:
ABSTAIN :
JERRY ROMBOTIS, Chairman CARLSBAD PLANNING COMMISSION
TTEST :
ICHAEL J. HOLZMILLER
AND USE PLANNING MANAGER
C RES0 NO. 2344 -3-
I' APPLJlCATION SUBMITTAL DATE :
APRI 13, 1983 ctf -
DATE :
TO:
FROM:
SUBJECT :
I.
STAFF REPORT
September 12, 1984
Planning Commission
Land Use Planning Office
2C-278 - CARLSBAD LAND INVESTORS - Preannexational zone
change from county agriculture zone (E-1-A) to City R-1-7500 and OS zones on 85 acres located south of
Palomar Airport Road and east of Laurel Tree Lane.
RECOMMENDATION
It is recommended that the Planning Commission APPROVE the
Notice of Prior Compliance issued by the Land Use Planning Manager and ADOPT Resolution No. 2344 recommending APPROVAL of
. 2C-278 basedone findings contained therein.
11. PROJECT DESCRIPTION AND BACKGROUND
On July 17, 1984, the City Council approved a general plan amendment to change the land uses on the Carlsbad Land Investors property entirely to RLM (0-4 du/ac). Recognizing that the
northern end of the site was near the airport flight patterns and topogr,aphically constrained, it was agreed that this northern portion of the property be zoned open-space (OS). It was intended that while no actual development would be allowed within the open space area, its acreage could be used for density computation. Density computed from the entire site (85 acres) could then be used to develop a project on the southern (R-1-7500) portion of the site.
111. ANALYSIS
Planninq Issue
1) Is the proposed zoning consistent with the City's general
plan?
Discussion
As shown on Exhibit "A", the proposed zoning corresponds with the above-mentioned requirement of restricting development to the southern portion of the site. Twenty acres of open space
zoning is provided at the northern end. The proposed boundary between the open space and the R-1-7500 zones follows the approximate location of the 65 dBA noise contour. Noise studies prepared in conjunction with the Environmental Impact Report for the site conclude that residential development within this R-1-7500 area would be within "normally acceptable" limits.
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R-1-7500 zoning, through the planned development ordinance
allows clustered development on the more buildabble portions of
the site. Since much of the property is topographically
constrained, staff recommends that eventual development of the
site be restricted to the flatter, buildable portions of the southern portion of the property. The proposed zoning is both consistent with the general plan and with this concept.
IV. ENVIRONMENTAL REVIEW
The Land Use Planning Manager has determined that the environmental impacts associated with this project have been addressed in previous environmental documents and, therefore, has issued a Notice of Prior Compliance on August 15, 1984.
Attachments
1. Planning Commission Resolution No. 2344
2. Location Map 3. Background Data Sheet 4. Disclosure Form
5. Environmental Document
6. Exhibit "A"? dated September 12, 1984
PJK:ad
8/27/84
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Carlsbad Journal
EIR 83'8
L ZC 278
CARLSBAD INVESTORS GPA/LU 83-14
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Decreed a Legal Newspaper by the Superior Court of Son Diego County
31 38 ROOSEVELT ST. 0 P.O. BOX 248 CARLSBAD, CA 92008 729-2345
I certify under penalty of perjury that the foregoing is true and correct. Executed at Carlsbad, County of San Diego, State of Californi on th 22 day of SeptXEer T$84
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 San Diego, State of California, for a period exceeding one year
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next preceding the date of publication of the
NOTICE OF PUBLIC notice hereinafter referred to; and that the notice
of which the annexed is a printed copy, has been HEARING zc-278 published in each regular and entire issue of said
newspaper and not in any supplement thereof on NUTICE Is HEREBYGIVEN that
hearing at the following dates, to-wit:
the ci~ Co,,ncil Chambers, 1200 Elm Avenu?. Carlsbad. California,
1984 to consider an application for
from county agriculture zone (E-1-
A) to City OfCarlsbad R-1-7500 and
OS zone on 85 acres on property
generally located south of Falomar
Airport Road and east of Laurel Tree Lane and more particularly
All that portion ofland as deline- ated on survey Map No. 5715, filed
er of Sari Diego County, December 19.1960. beingaportionof1ot"G"of Rancho Agua Hedionda in the
fornia, according to Map thereof No 823, filed in the Officc,of the
County, N~~~~~~~ 16, Applicant; Carisbad ~~nd%~~~~. tors CARLSBAD $ITY COUNCIL
described as:
the, ('it? C,uncil ofthe City ofcarls- in the Office Of the County
~ .d w,i,, hold a
at 6:M) p,M. on Tuesday, October 2, County Of Diego, State Of
September 22 84 a preannexational zone change County Recorder of ................................. 19 ....
................................. 19 .... I .jI ,
ZONE CHANGE REQUEST
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PROPERTY OWNERS LIST CARLSBAD LAND INVESTORS 8/36/84
VISTA LOMA INVESTMENTS APN 212-040-22 P.O. Box 1185 Carlsbad, \* Ca. 92008
UKEGAWA, HIROSHI & MIWAKO APN 212-040-25 2118 Skyline Road
Carlsbad, Ca. 92008
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ALADRAY NAZEAH & JOSEPHINE APN 212-040-26 P.O. Box 2308 Rancho Santa Fe, Ca. 92067
BCS APN 212-040-29
1303 Avocado St,
Newport Financial Center
Newport Beach, Ca. 92660
CARLSBAD LAND INVESTORS APN 212-040-30 -I.
17332 Irvine Blvd. Tustin, Ca, 92680 /
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c/o Secure Properties, Inc. --r -z
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-___--- - - ____- ---. SBD, -&C.- APN 214-140-07-00 14151 Newport Ave. Ste. 201 Tustin, Cap 92680
ROESCH, RONALD L. APN 215-070-15-00 2800 Neilson Way Y708 Santa Monica, Ca. 90405
9430 Cresta Dr.
Los Angeles, Ca. 90035
,'lC BACHMANN, EMANUEL 0. APN 215-070-16-00
PELICAN LAND CO. APN 215-080-01-00 609 Via Lido Sound Newport Beach, Ca. 92663