HomeMy WebLinkAbout1984-12-18; City Council; 7996; Zone Change - Robert's Group/
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\E# 7996
HTG,12/18/84
JEPT. PLN
ClTY")F CARLSBAD - AGENDA-ILL * ZONE CEMGE ??ROM 0-S TI Ea>-M(Q);
SOUTH a? PAmMAR AImKr BUSINESS PARK, 1/4MILEWSI!OFEL(2"0REp;L.
ZC-316 - IIOBEEZT'S Qzoup
DEPT. HD.
CITY An7/
CITY MGR.*
The Planning camcissian and staff are recamending that the City Council introduce Ordinance NO. 9746 , APPRMTIEK; ZC-316.
ITEM ExEmNAmoN
!this item is a request for a mne change frcm 0-S (Open Space) to -(a) on 7 acres of land located as described above. 1983, the applicant applied fxx and received Planning Cdssian apprcwal of a general plan amendmerrt and zone change. The general plan mendment was to E?MH (10-20 du's/acre) and 0-S. The 7 acre portion of the property med 0-S was intended to be a recreational facility ar a residential project that was to be clustered on the remainder of the site.
The 0-S sas intended to be a trade-off for the higher, clustered density.
As a brief background, in October,
The mne charrge was to RDM and 0-S.
At the City cbuncil level, the general plan mendment WBS denied. change to RDM was approved, ky3wEver, since this me was aonsistent with the existing general plan designation of RM (4-10 du's/acre) .
S zone was also approved on the 7 acre site wen though IX) trade-off of higher denity was granted and the underlyhq general plan was residentialdun.
The =ne
Inadvertently, the 0-
The applicant is llow requesting that the 7 acre
RD-M(Q) to bring the mning into oonsistency with ae general plan. The staff and the Planning Ccunnission have rn problem with the gop posed RD-pll(Q) zcne and
are recannmding approval.
space site be rem& to
The Land Use Planning Manager has determined that this woject will mt muse any significant environmental hpct and, therefore, has issued aNegative Declaration, dated October 4, 1984, which was approved by the Planning
Cannission 01 Ncwerber 28, 1984. A cqy of the envirornnentdl cbcumnts is cn file in the Land Use Planning Office.
FISC?& IMPACT
At the time of developnent, the applicant will vide all muired public inprovewnts to serve the project. In Wtion, the applicant has agreed to pay a piblic facilities fee to offset the axt of providing other plblic services to the project.
1. LocationMap 2. city mcil ordinance 77qc 3. FC Resolution No. 2380 4. Staff Bport, dated November 28, 1984 w/attadmmts
,-- L.r OCATION MAP -
PALOMAR AIRPORT
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SITE FROM OS to RDM-Q
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ROBERTS -GROUP I ZC-316
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ORDINANCE NO 9 746
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
C-SBAD, CALIFORNIA, AMENDING TITLE 21 OF THE
CARLSBAD MUNICIPAL CODE BY AMENDING THE ZONING MAP
FOR A ZONE CHANGE FROM COUNTY 0-s8 OPEN SPACE
TO W-M(Q), RESIDENTIAL DENSITY MULTIPLE WITH A Q OVERLAY ON PROPERTY GENERAUY LOCATED IMMEDIATELY
SOUTH OF THE PALOMAR AIRPORT BUSINESS PARK APPROX-
IMATELY ONE-QUARTER MILE WEST OF EL CAMINO REAL.
APPLICANT: ROBERT'S GROUP
CASE NO: ZC-316
The City Council of the City of CarlSbad, California, does
>rdain as follows:
SECTION 1: Title 21 of the Carlsbad Municipal Code is
imended by the amendment of a zoning map for a zone change from
:ounty 0-s# Open Space to RD-M(Q), Residential Density Multiple
,n property as shown on the map marked ZC-316, Exhibit "A",
kttached hereto and park hereof. 4
SECTION 2: This project is approved upon the express
:ondition that the applicant shall pay a public facilities fee as
:equired by City Council Policy No. 178 dated August 29, 1979, and
rmended on April 2, 1982, on file with the City Clerk and
Lncorporated herein by reference, and according to the agreement
zxecuted by the applicant for payment of said fee a copy of that
rgreement dated May 318 1983, is on file with the City Clerk and
incorporated herein by reference. If said fee is not paid as
>remised, this application will not be consistent with the General
'lan and approval for this project shall be void. Said fees shall
)e paid based on the April 2, 1982 version of Policy No. 17.
EFFECTIVE DATE: This ordinance shall be effective upon
:he effective date of the annexation of the property into the city,
md the City Clerk shall certify to the adoption of this ordinance
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r^ .?
ad cause it to be published at least once in the Carlsbad
'ournal within fifteen days after its adoption.
INTRODUCED AND FIRST READ at a regular meeting of the
larlsbad City Council on the 18th day of Decezhr , 1984
md thereafter
PASSED AND ADOPTED at a regular meeting of said City
!ouncil held on the 2nd day af JanUary # 1985, by the
iollowing vote, to wit:
AYES : council bwnbers casler,
NOES : None
ABSENT: None
hs, Kulchin, Chick and Pettine
% d. @-tu
MARY H. UCASLER, Mayor
LTTEST :
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ZC-316
7HE ROBERTS GROUP
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PLANNING COMMISSION RESOLUTION NO. 2380
wit:
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, ReCOMMENDING
APPROVAL OF A ZONE CHANGE FROM 0-S, OPEN SPACE
Q OVERLAY ON PROPERTY GENERALLY LOCATED IMMEDIATELY SOUTH OF THE PALOMAR AIRPORT BUSINESS PARK APPROXI- MATELY ONE-QUARTER MILE WEST OF EL WINO REAL APPLICANT : ROBERTS GROUP
CASE NO: ZC-316
WHEREAS, a verified application for certain property, to
TO RD-M(Q), RESIDENTIAL DENSITY MULTIPLE WITH A
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A portion of the Northwest Quarter of the Southwest
Quarter of Section 23, Township 12 South, Range 4 West
San Bernardino Meridian,
has been filed with the City of Carlsbad, and referred to the
Planning Commission; and
WHEREAS, said application constitutes a request as
14,provided by Title 21 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did on the 14th day of
Yovember, 1984 and on the 28th day of November, 1984, hold a duly
noticed public hearing as prescribed by law to consider said
request; and
I WHEREAS, at said public hearing, upon hearing and
20considering all testimony and arguments, if any, of all persons
2ldesiring to be heard, said Commission considered all factors
22:relating to the Zone Change: and
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
czommission as follows:
That the above recitations are true and correct.
That based on the evidence presented at the public hearing, the
Commission recommends APPROVAL of ZC-316, based on the
following findings and subject to the following conditions:
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F indins s
The proposed zone change to RD-M(Q) is consistent with the
General Plan designation of RM since this designatibn is an implementing zone for the RM General Plan designation.
The RD-M(Q) zone is consistent with the surrounding zoning
since the properties to the west and south are zoned RD-M(Q)
and the property to the east will probably be zoned RD-M(Q)
when it annexes to the City of Carlsbad.
The project is consistent with all City public facility policies 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.
The proposed zone change is consistent with all other elements of the General Plan.
This project will not cause any significant environmental impacts and a Negative Declaration has been issued by the Land Use Planning Manager on October 4, 1984 and approved by the Planning Commission on November 14, 1984.
Zondition
L) Approval is granted for 232-316, as shown on Exhibit "A", dated October 25, 1984, incorporated by reference and on file in the
Land Use Planning office. Development shall occur
substantially as shown unless otherwise noted in these
conditions.
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?C RES0 NO. 2380
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PASSED, APPROVED AND ADOPTED at a regular meeting of the
2lanning Commission of the City of Carlsbad, California, held on
the 28th day of November, 1984, by the following vote, to wit:
AYES : Chairman Rombotis, Commissioners Farrow, Schlehuber, Marcus and Smith.
NOES : Commissioner McFadden.
ABSENT : None.
ABSTAIN: Commissioner L'Heureux.
JERRY ROMBOTIS, Chairman CARLSBAD PLANNING COMMISSION
4TTEST :
LAND USE PLW-NING MANAGER
?C RES0 NO. 2380 -3-
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STAFF REPORT
~ 0
DATE : November 28, 1984
TO: Planning Commission
FROM: Land Use Planning Office
SUBJECT: ZC-316 - ROBERTS GROUP - Request for a Zone Change from
0-S, Open Space to RD-M, Residential Density Multiple with a Q Overlay for a seven acre site immediately south of Palomar Airport Business Park approximately a quarter of a mile west of El Camino Real.
This item was continued from the Planning Commission hearing of
November 14, 1984. This continuance allowed staff the opportunity to review a letter from the Department of Transportation that was sent to the State Clearinghouse
regarding the Negative Declaration prepared for this project. A copy of this letter is attached to this memo.
It appears that the Department of Transportation was not aware that this site already had a General Plan designation of R-M,
Residential Medium, (4-10 du/ac) and that an Environmental Impact Report for a 36 acre parcel which included the subject property was certified. This EIR addressed the issues brought up in the Department of Transportation's letter. In addition, the subject property is approximately 3/4 of a mile south of Palomar Airport and outside the boundaries of the airport
influence area.
Staff, therefore, recommends that the Commission approve the
Negative Declaration and recommend approval of the Zone Chanqe
as detailed in the Staff Report of November 14, 1984.
ATTACHMENTS
1) Letter, dated October 18, 1984
2) Staff Report, dated November 14, 1984 with attachments
MH:bw
11/20/84
Memorandum
TOr Terry Roberts, Manager
State Clearinghouse Unit
Office of Resources, Energy,
and Permit Assistance
1400 Tenth Street
Sacramento, CA 958 14
October 18, 1984
Ab!
horn: -0P-A-
sm~eot: The Roberts Group, Inc., ZC-316, City of Carlsbad, SCH
#n#wa-
#84lOl3 11
The Division has considered the above-referenced document with
respect to those areas germane to its statutory responsibilities.
The following suggestions are offered for your consideration.
The draft EIR should address the impact of airport noise and/or
safety on the project as well as the impact of the project itself
on the safety of airport operations. Consideration should also
be given to the issue of compatible land uses in areas adjacent
to the airport. This should help to relieve future conflict
between airports and their surroundings.
Thank you for the oppportunity of reviewing and commenting on
this proposal.
JACK D. KEMMERLY, Acting Chief
DivisLon of Aeronautics
Earl Tucker, Chief
Air Transportation
APPLICATION SUBMITTAL DATE:
AUGW 29, 1984 -
DATE t
TO:
FROM:
SUBJECT:
I.
STAFF REPORT
November 14, 1984
Planning Commission
Land Use Planning Office
zC-316 - ROBERTS GROUP - Request for a Zone Change from.
0-S, Open Space to RD-M, Residential Density Multiple
with a Q Overlay for a seven acre site immediately south
of Palomar Airport Business Park approximately a quarter of a mile west of El Camino Real.
RECOMMENDATION
It is recommended that the Planning Commission APPROVE the
Negative Declaration issued by the Land Use Planning Manager and AD6PT Resolution No. 2380 recommending APPROVAL of ZC-316 based one findings contained. therein.
11. PROJECT DESCRIPTION AND BACKGROUND
The applicant is requesting that the zoning of the above
mentioned site be changed from 0-S to RD-M(Q). The proposed zone change would effect approximately 7 acres of sloping hillside that is covered with disturbed native vegetation. A San Diego Gas and Electric easement runs northwest to southeast through the site.
This site is part of a 36 acre parcel, see Exhibit "A", that was brought before the Planning Commission for a General Plan Amendment and Preannexational Zoning in October 1983. At that time, the Planning Commission approved a General Plan Amendment to RMH on the northwest corner and OS, Open Space on the northeast corner of the 36 acre parcel. The Commission also approved a preannexational zoning of RD-M(Q) on the majority of the site and OS for the northeast corner. The applicant's intent was to have recreational uses in the Open Space area with
the approval of a conditional use permit.
The City Council, subsequently, denied the general plan amendments and approved the preannexational zoning of RD-M(Q) and OS.
The applicant is now requesting that the seven acre site in the northeast corner that was prezoned 0-S, Open Space be rezoned to
RD-M(Q), Residential Density Multiple with a Q Overlay. The proposed zoning of RD-M(Q) would be consistent with the existing general plan designation of 10 du/ac.
Residential Density Multiple 4-
,
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111. ANALYSIS
planning Issues
1) Is the proposed RD-M(Q) zone consistent with the RM General
Plan designation?
2) Is the proposed RD-M(Q) zone and the uses allowed within
this zone consistent with surrounding zoning and land uses?
Discussion
The proposed RD-M(Q) zone is consistent with the RM, Residential
Medium Density (4-10 du/ac), general plan designation since the
RD-M zone is the implementing zone for the RM general plan designation .
Staff believes that the proposed RD-M(Q) zone and the uses allowed within this zone would be consistent with the
surrounding. zoning and land uses. The RD-M(Q) zone will allow the subject property to be developed with single family or multiple family units.
The Q Overlay requires Planning Commission approval of a site
development plan prior to issuance of a building permit. Staff
believes that this will ensure that any development proposed
will be compatible with other future development in the area. In addition, the Q Overlay will ensure that any development that does occur on this site will be adequately buffered from the existing industrial development to the north.
In conclusion, staff believes that the proposed RD-M(Q) zone is
consistent with the general plan designation of the subject
property and the zone and the uses allowed within the zone will
be consistent with surrounding zoning and land uses. Therefore,
staff recommends approval of ZC-316.
IV. ENVIRONMENTAL REVIEW
The Land Use Planning Manager has determined that this project
will not have a significant impact on the environment and, therefore, has issued a Negative Declaration on October 4, 1984.
Attachments -
1. Planning Commission Resolution No. 2380
2. Location Map
3. Background Data Sheet 4. Disclosure Form 5. Environmental Documents 6. Exhibit "A" dated October 25, 1984
MH : ad
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Business Park apprax imetely 1/4 of a mile west of El Carmino Mal
LEx;AL DESCRIPTION: A portion of the W/quarter of the SW quart er of Section 23
south, Rang e 4 West, San Bernardino Meridian Am: 215-020-01
Acres 7 Proposed No. of ktsflnits
Land use Designation m-
Density Allowed 4-10
Existing Zone 0-s prclposed zone -(Q)
Surrounding Zoning and Land Use:
Zoninq Land use
Site 06 Vacant
North P-M Industrial
East County Vacant
Weat RD.M(Q) Vacant
PUBLIC FACILITIES
School District Carl- Water Carlsbad Sewer Carlsbad EW's
Public Facilities Fee Agreement, dated May 31, 1983
October 4, 1984 - X Negative Declaration, issued -
E.I.R. Certified, dated -
Other,
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The Roberts Group, Inc., a California Corporation
w.y tiavAbl, prrt#tahip, joint Vm-8 corporation, syndicath)
Wood Ftanch,'P.O. Box 1749, Simi Valley, CA 93061
8who.s rrdkou
(805) 581-3651 TelogbonO *.
N.w o'. . .Be 'h. - aC s CA 92660 1601' Dove Street,- Suite' 160,. e D rt
* .. burhu8 AddS0.S ..
.. (714) '476-2211
Tolophoao BIu8br . . .# .
Bruce Trim. President e.
Bplu-88
..
r/We dsclua urdmr pnalty of p.rjuy that tho bforution eonUined in thim di8- cloruro is trVe and corrnt and that it vi11 r-in truo and corrott ad my k.
relied upoa IS being true and correct until mndod.
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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 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
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
NOTICE OF PUBLIC tiple with a Q Overlay for a seven wre site on property generally lo-
mar Airport Business Park approx- imately a quarter of a mile west of
theCityCounciloftheC,tyofCarls~ ~l~amfno~eal end moreparticu- larly described as:
tion l2
HEARING &ted immediately sbuth of 26-316
NOTICE Is HEREBYGIVEN that
bad will hold a public hearing at the C,ty Chambers, luw) Elm Avenue, Carlsbad, California. at 6:W P.M. on Tuesday. December 18.1f164, to consider a request for a
to RD.M. Reddentiel Density Mul-
AportionoftheNorthweatQuar- the following dates, to-wit:
Of the Quarter Of
F4 Bernardino Meridian'
Zone Change from 0-S, Open Space AppN~~~~~~~.~ @f&, ................ Decenber. @. ............ 19 .?. .
................................. 19 ....
................................. 19 ....
................................. 19 ....
................................. 19 ....
I certify under penalty of perjury that the foregoing is true
and correct. Executed at arlsba County of San Diego,
State of California on tse t%h
~ *GI 5603 Dec. 8,1984 .- day of , necerrber 195L
/d
Clerk of the Printer
y.1*
15M 11 84