HomeMy WebLinkAbout1985-01-15; City Council; 8022; PREANNEXATIONAL ZONE CHANGE AND A 248 LOT TENTATIVE TRACT MAP LOCATED SOUTH OF THE SOUTHERLY TERMINUS OF PONTIAC DRIVE (ZC 318/CT 84-35/FALCON HILLS)Y
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CITWF CARLSBAD - AGENDklLL
DEI
LCYT TENTATIVE TRACT MAP; LEATED X"TJ3 CIT
AB# 8022
MTG. 1/15/85 m- PREAI;Iw(ATIONAL ZINE CXANGE AND A 249
OF TiE souTHE%Y mRMILWS OF KYATLAC DRIVE. DEPT. pLN ZC-318/CT 84-35 - FALCON HILLS CIT
RECOMMENDED ACTION:
Both the planning staff and Planning Corttnission reccmnend that this app
be APPROVED and that the City Council introduce Ordinance No. 9 7 q? I
APPROVIN(; ZC-318 and the City Attorney 'be directed tD prepare documents
APPROVING CT 84-35 per Planning Ckssion Resolution No. 2395.
ITEM EXPLANATION
his item is a request for:
1. A preannexational zone &ange fran County A-70 to City R-1 R-1-7500; and
A 248 standard lot tentative tract imp. 2.
The property is located on a 85.5 acre site as described above. ?"ne px
range designated for this site by the general plan. The pro,Oosd densi
also be ccmpatible With existing and previously approved projects adjac
this site. The existing developents to the west and mrth have densit
4.5 du' s/azre and 2.9 du' s/'acre.
was approved at a density of 3.12 du' s/acre while the project to the e? approved at a density of 1.3 du's/acre.
Sane of the adjacent property mer's attending the hearing esressd c
a'mut the impacts to the neighborhood during the constrxtion period.
alleviate this concern, the Planning Comnission required the extension
Pontiac Drive to Tamarack Avenue with the first @ase of construction E
requird that a 'barrier 'E placed at the north end of Pontiac Drive dur
construction. This wuld prevent construction vehicles frmi driving tk
existing neighkorhds .
The Planning Carmission found that the proposed tentative map amplied
requirements of the Carlsbad Zoning Ordinance and Suklivision Nap Act.
8000 arid R-1-7500 zones ere consistent with the underlying general pli
designation of %MI Residential Lcw-Medim (0-4 du' ./acre) . The Plam:
CarrOnission approved tihe item by a 5-2 vote. The two dissaqting ccarrmis:
expressed concerns Wit31 the atmunt of grading propsed by this project
Through staff review and Planning Comnission hearing, all issues on tin have been satisfactorily resolvd.
The Ciky Council Policy prc5iGbiting annexations MAS adopted after this
preamexational zone change was process&. Since .the staff mrk is m is reaxmended that Council aut'norize the annexation.
density wuld be 2.9 du's/acre which is in conformance witsn tjle 0-4 du'
The project directly to the south of
regard to the proposed zone &angel the Planning CCaranission found that
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Page 2 of Agenda Bill # nA ;2,
E2W1m=AIJ REVIM
The Land Use Planning Manager has determined that. this 2roject Will not
any significant environmental impacts and, therefore, has issued a Wegai
Declaration, dat& November 19, 1984, which was approved 'by fie Plannin?
Conmission on Decarber 12, 1984. A copy of the environmental documents
file in the Land Use Planning Office.
FISCAL IMPACTS
The applicant Will provide all required public improvements to the proje
Also, the applicant has agreed to pay a public facilities fee to offset
costs of providing all other pblic services.
EXHIBITS
1. mation bQp
2. City Council Ordinance No.
3. PC Resolution No. 2394 & 2395
4. Staff ReLprt, dated Decenker 12, 1984 w/attac'mients
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~~CATIOIV MAP.
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FALCON HILLS zc-
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ORDINANCE NO. 9749
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AMENDING TITLE 21 OF THE
FOR A PREANNEXATIONAL ZONE CHANGE FROM A-70
(COUNTY) TO R-1-8000 AND R-1-7500 ON APPROX-
IMATELY 65.5 ACRES ON PROPERTY GENERALLY LOCATED
SOUTH OF THE SOUTHERLY TERMINUS OF PONTIAC DRIVE.
APPLICANT: FALCON HILLS
CASE NO: ZC-318
The City Council of the City of Carlsbad, Califor
CARLSBAD MUNICIPAL CODE BY AMENDING THE ZONING MA
ordain as follows:
SECTION 3: Title 21 of the Carlsbad Municipal Cc
amended by the amendment of a zoning map for a preannexati
change from A-70 (County) to R-1-8000 and R-1-7500 on pro1
shown on the map marked ZC-318, Exhibit "X", attached her€
made a part hereof.
SECTION 2: This project is approved upon the ex1
condition that the applicant shall pay a public facilitier
required by City Council Policy No. 17, dated August 29, 1
amended on April 2, 1982, on file with the City Clerk and
incorporated herein by reference, and according to the ag: I
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executed by the applicant for payment of said fee a copy t
agreement dated December 13, 1983 and July 24, 1984, is 01
with the City Clerk and incorporated herein by reference.
fee is not paid as promised, this application will not be
consistent with the General Plan and approval for this pr
shall be void. Said fees shall be paid based on the Apri
version of Policy No. 17.
EFFECTIVE DATE: This ordinance shall be effecti
the effective date of the annexation of the property intc
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and the City Clerk shall certify to the adoption of this orc
and cause it to be published at least once in the Carlsbad
Journal within fifteen days after its adoption.
INTRODUCED AND FIRST READ at a regular meeting of
Carlsbad City Council on the
and thereafter
day of I
PASSED AND ADOPTED at a regular meeting of said Ci
Council held on the day of , 1985,
following vote, to wit:
AYES :
NOES :
ABSENT :
MARY H. CASLER, Mayc
ATTEST:
ALETBA L. RAUTENKRANZ, City Clerk
( SEAL) I
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EXHIBIT X PRI 11-2Q-84 R.
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to R-1
---ZONE BOUNDARY
PC-ZONE
FALCON HILLS zc
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@ - PLANNING COMMISSION RESOLUTION NO. 2394
A RESOLUTION OF THE PLANNING COMMISSION OF THE C
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A
PREANNEXATIONAL ZONE CHANGE FROM A-70 (COUNTY) T
SOUTHERLY EXTENSION OF PONTIAC DRIVE a
CASE NO.: ZC-318
and R-1-7500 ON PROPERTY GENERALLY LOCATED SOUTH
APPLICANT: FALCON HILLS
WHEREAS, a verified application for certain pro5
wit:
That portion of Lot J of Rancho Agua Hedionda ac
Map No. 823 filed November 16, 1896,
has been filed with the City of Carlsbad and referred to
Planning Commission; and
WHEREAS, said application constitutes a request
provided by Title 21 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did on the 12t
December, 1984, hold a duly noticed public hearing as pr
law to consider said request; and
WHEREAS, at said public hearing, upon hearing ?
considering all testimony and arguments, if any, of all
1 desiring to be heard, said Commission considered all fat
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relating to the Zone Change; and
NOW, THEREFORE, BE IT HEREBY RESOLVED by the P
Commission as follows:
A) That the above mentioned recitations are true and
B) That based on the evidence presented at the public
the Commission recommends APPROVAL of ZC-318, base
following findings and subject to the following cc
Findings:
The proposed zone change to R-1-8000 and R-1-7500
consistent with the General Plan designation of R1 I 1) Residential Low-Medium (0-4 du/ac).
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2) The uses allowed in the R-1-8000 and the R-1-7500 ZO compatible with the surrounding properties since the properties are also zoned R-1-8000 and R-1-7500.
3) The project is consistent with all City public facil
icies and ordinances since:
a) The Planning Commission has, by inclusion of an
condition to this project, insured that the fin; not be approved unless the City Council finds tk
service is available to serve the project. In i the Planning CQmmiSsion has added a condition tk
shall be placed on the final map that building
not be issued for the project unless the City E determines that sewer service is available, and cannot occur within the project unless sewer se remains available, and the Planning Commission
the general plan have been met insofar as they
sewer service for this project.
that the requirements of the public facilities
4) This project will not cause any significant enviror;
impacts and a Negative Declaration has been issued
Use Planning Manager on November 19, 1984 and apprc Planning Commission on December 12, 1984.
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Conditions:
1) Approval is granted for ZC-318, as shown on Exhibii
November 20, 1984, incorporated by reference and 01 Land Use Planning Office. Development shall occur substantially as shown unless otherwise noted in tl conditions.
This project is approved upon the express conditio]
applicant shall pay a public facilities fee as reql Council Policy No. 17, dated April 2, 1982, on fil
I City Clerk and incorporated herein by reference, a to the agreement executed by the applicant for pay fee, a copy of that agreement, dated December 13, July 24, 1984, is on file with the City Clerk and herein by reference. If said fee is not paid as F application will not be consistent with the Genera approval for this project shall be void.
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//// PC RES0 NO. 2394 -2-
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PASSED, APPROVED AND ADOPTED at a regular meetinc
Planning Commission of the City of Carlsbad, California, 1
the 12th day of December, 1984, by the following vote, to
AYES: Chairman Rombotis, Commissioners Marcus
Schlehuber, Farrow and Smith.
NOES : Commissioners McFadden and L'Heureux.
ABSENT: None.
ABSTAIN : None
JERRY ROMBOTIS, Chairme
CARLSBAD PLANNING COMMl
ATTEST:
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LAND USE PLANNING MANAGER
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/PC RES0 NO. 2394
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A -VL. VUYLIA I LCaU - liiTmf2R 13, 1984
STAFF REPORT
DATE : December 12, 1984 G
TO: Planning Commission
FROM: Land Use Planning Office
SUBJECT: zC-318/CT 84-35 - FALCON HILLS - Request for a
preannexational zone change from (A-70 County) to
8000 and R-1-7500 for two parcels and a 248 lot
tentative tract map on property south of the south
terminus of Pontiac Drive.
I. RECOMMENDATION
It j.s recommended that the Planning Commission APPROVE the
Negative Declaration issued by the Land Use Planning Manage
ADOPT Resolution Nos. 2394 and 2395 recommending APPROVAL c 'mand CT 84-35 based on the findings and subject to the
conditions contained therein -
11. PROJECT DESCRIPTION
This application effects four parcels within a county islar
located as described above. Two of the four parcels were 5 a preannexational zoning of R-1-7500 several months ago, wa
the applicant is requesting a preannexational zoning of R- and R-1-7500 on the remaining parcels, see Exhibit "X". T
second part of this request is for a 248 lot tentative tra
covering all four parcels.
The applicant is requesting R-1-8000, single family reside
with 8000 square foot minimum lot size, to the west of the future extension of Pontiac Drive and R-1-7500 to the east Pontiac Drive. The subject property is vacant except for agricultural buildings on the easterly portion of the site
Most of the easterly portion of the site is being used for
agricultural purposes. consists of steep slopes, bisected by deep gullies and cot with native vegetation.
Exi.stinq single family homes on 8000 square foot lots are located adjacent to the northwest edge of the property. !
family homes on 7500 square foot lots are located adjaceni
the westerly and northwesterly project boundaries. Tamarc Polnte, CT 84-14, was recently approved on the property tc
south of this site. The portion of the Tamarack Pointe p
ad:jacent to the subject property will consist of single f3
residences. A condominium project on the slopes to the e
this project was approved by the Planning Commission in September of this year.
The westerly portion of the Site
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The proposed tentative tract map consists of 248 lots all of
which will obtain access from a public street. This project will have a density of 2.9 du/ac which is in conformance wi
the General Plan designation of RLM, Residential Low-Medium Density, 0-4 du/ac. Almost all of the existing topography w
be modified by this development. However, the existing qrov
eucal.yptus trees in the northwest corner of the property wil
preserved.
The applicant has not submitted any elevations or floor plan
for this project since it is not a planned unit development, The homes constructed on these lots will have to conform to development standards of the R-1 zone.
111. ANALY S IS
Planining Issues - ZC-318 -
1) Are the proposed R-1-8000 and R-1-7500 zones consi
with the General Plan desiqnation?
this zone, consistent with the surrounding zoning land uses?
2) Is the proposed R-1 zone and the uses allowed with
Discussion
The proposed zone changes to R-1-8000 and €3-1-7500 are
consistent with the subject property's general plan designa
of RLM, Residential Medium-low (0-4 du/ac). Both R-1-8000
1-75100 are implementing zones for property designated RLM.
The proposed R-1-8000 zone and R-1-7500 zone and the uses pernlitted within them will be consistent with the surround: zoning and land uses, The proposed zoning would allow sin?
family homes on 8000 and 7500 square foot lots. This woulc
compatible with the existing single family development to 1
west and north.
- Planning Issues - CT 84-35
1) Does the proposed tentative map meet the requirem of the Carlsbad Zoning Ordinance?
2) Does the proposed project meet the requirements o
Carlsbad Subdivision Ordinance and the State
Subdivision Map Act?
Discussion
The proposed tentative map complies with all of the requir of the Carlsbad Zoning Ordinance. All lots will comply wi
minimum lot size of their respective zone, The lots will
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minimum width of 60'. All of the lots will front on a publi
street, yet the project has been designed so that none of th lots front on Pontiac Drive, a collector street that is expe to carry traffic near its capacity.
As proposed, this subdivision meets all of the requirements
the Carlsbad Subdivision Ordinance and the Subdivision Map P
The proposed map and improvements are consistent with the
Carlsbad General Plan. The site is physically suited for tl-
type and density of development proposed by the applicant.
As mentioned previously, development of this project will re
almost a 100% alteration of the existing topopgraphy and crc
some large man made slopes. One of the conditions of appro!
requires that the applicant establish a maintenance distric. homeowner's association to maintain these slopes.
Even though this type of development will require substanti(
grading and create large slopes staff feels comfortable
recommending approval of this project. A biological and
archaeological survey of this site revealed that it has
relatively little resource value. The design of the projec
will preserve the existing eucalyptus grove.
In the past four years only two projects of comparable size
with standard lots have been approved in Carlsbad, CT 81-19 (Sheffler) and CT 82-17 (Mandana). One of the goals of the Carlsbad General Plan is to provide a variety of housing ty This project will help to fulfill this goal.
project will be compatible with the existing standard size? subdivisions to the west and north.
In conclusion, staff believes that the proposed zone changc compatible with the General Plan and will not adversely aff any of the adjacent properties. The proposed tentative tri map complies with all applicable ordinances. Therefore, st recommends approval of ZC-318 and CT 84-35.
rrr. ENVIRONMENTAL REVIEW
The Land Use Planning Manager has determined that this pro
will not have a significant effect on the environment and,
therefore, has issued a Negative Declaration on November 1
In addition,
19884.
ATTACHMENTS -
1) Planning Commission Resolution Nos. 2394 and 2395
2) Location Map
3) Background Data Sheet
4) Disclosure Form
5) Environmental Document
6) Exhibit "X", dated November 20, 1984
7) Exhibit "A", dated November 5, 1984
- MH:bw
11/'30/84 -3-
(r - BACKGROUND DATA SHEET
CASE No: ZC-318/CT 84-35
APPLICANT: Falcon Hills
REQUEST AND LIXATIW: Preannexational zoninq of R-1-8000 and R-1-7500 and
248 lot tentative tract map on property south of the southerly terminus of
Pontiac Drive
LEGAL E:SCRIPTIceJ: That portion of Lot J of Rancho Ilgua Hedionda accordinc
Map No. 823 filed Wenher 16, 1896. APN: 167-100-7,8,14,15
Acres 85.5 Proposed No. of Lotsflnits 248 -
GENERAL PIAN AND ZONING
Land Use Designation RIM
Density Allowed 0-4 du/ac Density Proposed 2.9 du/ac
Existinq Zone R-1-7500 & County
Surrounding Zoning ard Land Use:
Proposed Zone R-1-8000 b R-1-7500
Zoning Land Use
Site R-1-7500 & County Vacant
North R-1-8000 & R-1-7500 SED
South R-1-7500 Vacant
East P-C Vacant
West R- 1 -8000 SED
PUBLIC FACILITIES
School District Carlsbad Water Carlsbad Sewer Carlsbad EDU's
Public Facilities Fee Agreement, dated Decerr33er 13, 1983 f July 24, 1981
ENVIFOJMENTAL IMPACT ASSEssm
- X Negative Declaration, issued Novenrber 19, 1984
E.I.R. Certified, dated -
Other, -
.)\ --x-- --- 4-- that f-rer Uar---*. I, MIKE FOOTE DEVELOPER, INC., A CALIFORNIA CORPORATION I FALCON HEIGHTS DEVELOPMENT,LTD.,A CALTFORNIA LIMITED I
Nara. (individual, partnership, joint VCntULI, cormration, s!
5205 Xearny Villa Way, Suite 211, San Diego, CA 921;
.I
- . APPLIW;
BUMS8 AddZ8St
569-1883
Telsphono Numbu
AGENT: Nam.
Business Address
Telephone Numkr
MIKE FOOTE DEVELOPER, INC.
EkBERS: A CALIFORNIA CORPORATION, GENERAL PARTNER AND AGENT
Name *(individual, partner, joint l@iaw-sxYY
venture, coqoza tion, syndication)
5205 Kearny Villa Way, Suite 211, San Dieqo, CA 921;
Business Address
619-569-1883
Telephone NvJber Telephone Xumber
IBBIN INCORPORATED, N.V.,A NETHERLANDS ANTILLES CORP(
LIMITED PARTNER OF FA LCON HEIGHTS DEVELOPMENT, LTD.
::zze za6ww-
444 Camino del Rio South, Suite 126, San Diego, CA
3.isiness Address
Zdep'nona Nde~ Telephanc Xunber
(Attach more sheets if necessary)
I/We dpc:lprb ur.der ,-enalty Of perjury that tho inforreation contained in
closure is tris and correct and that it will remain true and correct an
relrcd uposr as Seiag true and correct until anended.
MIKE FOOTE DEVELOPER, INC., A FALCON HEIGHTS DEVELOPMEN
CALIFORNIA LIMITED PART
BY: x# MIKE FOOTE DEVELOPER,INC.
- CORPORATION, GENERAL PART
Michael J. Foote, Presil BY
Agent, Osner, Partner
c - Addition to Disclosure Statement for Falcon Hills, CT 84-35
Owners of APN 167-100-15:
Steve Schinko and Maria Schinko
Eugene Oechsler and Gertrude Oechsler
Reinhard Schinko and Ellen Schinko c/o Elfriede Shook, Attorney
Torrance, CA 90501
Owners of APN 167-100-8
Jakob Wersching and Maria Wersching
George Merli and Maria Merli c/o Elfriede Shook, Attorney
2276 Torrance Boulevard
Torrance, CA 90501
2276 Torrance Boulevard
Owners of APN 167-100-14
Jose Ramos and Catalina Ramos
2418 Sonora Court
Carlsbad, CA 92008
Owners of APN 167-100-7
c/o Robert Kazdan
Falcon Investments, N.V., a Netherlands Antilles corporati
6116 West Washington Boulevard Culver City, CA 92030
Applicants for CT 84-35
Mike Foote Developer, Inc., a California corporation
5205 Kearny Villa Way, Suite 211 San Diego, CA 92123
Michael J. Foote, President
and
Falcon Heights Development, Ltd, a California limited par1 Mike Foote Developer, Inc., General Partner (see above)
Ibbin Incorporated, N.V., a Netherlands Antilles Corporat 444 Camino del Rio South, Suite 126, San Diego, CA 9210,
Jose M. Aguillar, President
(619) 569-1883
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