HomeMy WebLinkAbout1985-03-05; City Council; 8080; GENERAL PLAN AMENDMENT AND PREANNEXATIONAL ZONE CHANGE FOR A 21.9 ACRE PARCEL. GPA|LU 84-7 | ZC-310 - KIRGISb b I w 00 3 8
F -d 8
B4 % 2
u i!
#
8
8 k p:
0 +J
@ E
$0 +Jm 42 P Gg
&j
go $3 E8 43
-4 c kz 8%
ria
m a3 I m I M .- z s 6 d
d 0 z 3 0 0
f
CITWF CARLSBAD - AGENDWILL /, , -
AB# fdfd TITLE: GENERALpLANAME"TANDp~IoNAL DEPT. I
MTG. 3/5/85 CITY A'
CITY M
ZONE CHANGE K)R A 21.9 ACRE Pm.
GPA/LU 84-7/ZC-310 - KCRGIS DEPT. pm
RECOMMENDED ACTION:
The Planning COmnission and the staff are reccmnending Wt the City Council
direct the City Attorney' s Office to ,prepare dccments Al?PROVING GPA/LU 84-7
introduce Ordinance No. 9yAfc, APPROVING ZC-310.
ITEM EXPLATWTION
This item is a request for a general plan mendmnt from NRR, Nbn-Residentie Reserve to RL, Residential Lav Density, 0-1.5 du's/acre, and a preannexatior
zoning of R-1-30,000 for a 21.9 acre pcel. The property is located adjaa
to the southeast comer of the Kelly Ranch Master Plan area approximately or
mile west of El Cdno Real as sham on the attached location map. The pro1
general plan amendment wuld only affect the southerly half of the site sinc
the northerly half is already designated RL. The proposed preannexational 2
change will affect the entire property.
Traditionally, the Non-Residential Reserve category holds property for non- residential type uses. In this case, the Planning Ccmmission fbund the pro1
general plan amendrrrent from mn-residential reserve to residential lm densj
(0-1.5 du's/acre) appropriate because this site relates mre to the resident
property to the north than to the industrial property to the south.
isolated frm future industrial developnt by Pbcario Canyon Park and steq
slopes. The Mssion believed that the proposed R-1-30,000 zone wuld be
consistent With the RL, general plan designation and muld allow a mimum oi
units on the site. Due to *e site's topography, it will probably be develc with clustered lmusing in the flatter mrtherly portion of the site. Planning COmnission also €bund that the uses allowed in the R-1-30,000 zone
would be consistent with future residential developent to the north.
Representatives of the Kelly Ranch property to the mrth hallenged ae negz declaration issued for this project. Their mncerns about traffic circulatj and access were discussed ly the Planning Carmission. The Planning Ccmniss: believed 'chis challenge ms mt justified and approved the negative declarai issued by the Land Use Planning Manager.
Through staff review and Planning Canmission hearing, all issues on this mi
have been satisfactorily resolved. This project was exempt from Council Ini
Growth Policies because all staff mrk had been capleted prior to adoption
IENvI-m mEw
The Land Use Planning Manager has determined that this project will nut caul
any significant environmental inpacts and, therefore, has issued a Nqative Declaration, dated October 4, 1982, *ch was approved by the Planning
COaTmission on January 23, 1985. A capy of the environmental docments is 01
file in the and Use planning office.
It is
The
e 0
Page 2 of Agenda Bill # ram
E'ISC2& IMPACT
The increased need for city capital facilities resulting frm this developrrat
will be offset by the payment of the ,public facilities fee.
facilities related directly to this developnt will be constructed and pic by the developer.
Increasing operating expenses related to this developent will bs offset to
extent from increased tax or fee revenue generated by the developent.
detailed econOmic impact analysis of this developenthas keen conducted at
time so predictions of the prtion of aperating expenses covered by additia operating revenue created as a result of this project cannot be mde.
EXHIBITS
1. Location Map
2. City council Ordinance No. 975s w/attached E%hibit "B"
3. PC Resolution No. 2407
4. PC Resolution No. 2408
5.
Any capital
No
Staff Report, dated January 23, 1985 w/attacIments
OCATION MAP
CARLSBAO RESEARCH
ZC-3 1
-I KlRGlS I GPAKW
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
0 0
9755 ORDINANCE NO.
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 RR-2 TO CITY OF CARLSBAD R-1-30,000 ON
PROPERTY GENERALLY LOCATED BETWEEN THE SOUTHERLY
EDGE OF THE KELLY RANCH AND MACARIO CANYON PARK
APPROXIMATELY ONE MILE WEST OF EL CAMINO REAL.
APPLICANT: KIRGIS
CASE NO: ZC-310
The City Council of the City of CarlSbad, Californi
ordain as follows:
SECTION 1: Title 21 of the Carlsbad Municipal Code
amended by the amendment of a zoning map from County RR-2 to
of Carlsbad R-1-30,000 on property as shown on the map marke
3108 Exhibit "B", attached hereto and made a part hereof.
SECTION 2: This project is approved upon the expre
condition that the applicant shall pay a public facilities i
required by City Council Policy No. 17, dated August 29, 197
amended on April 2, 1982, on file with the City Clerk and
incorporated herein by reference, and according to the agree
executed by the applicant for payment of said fee a copy of
1 agreement dated April 7, 1984, is on file with the City Clei
20
21
22
23
24
25
26
27
28
and incorporated herein by reference. If said fee is not p
promised, this application will not be consistent with the (
Plan and approval for this project shall be void. Said fee:
be paid based on the April 2, 1982 version of Policy No. 17
EFFECTIVE DATE: This ordinance shall be effective
days after its adoption, and the City Clerk shall certify ti
adoption of this ordinance and cause it to be published at
once in the Carlsbad Journal within fifteen days after its
adoption.
1
2
3
4
5
6
7
8
9
10
11
l2
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
e 0
INTRODUCED AND FIRST READ at a regular meeting of t
Carlsbad City Council on the day of
and thereafter
8
PASSED AND ADOPTED at a regular meeting of said Cit
Council held on the day of , 1985, L
following vote, to wit:
AYES :
NOES :
ABSENT :
MARY H. CASLER, May01
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk
( SEAL)
-2-
0 ZONINGMAF,
EXHIBI'
12-21-8
CO. RR-2 to
CITY R01-30,000
1. \
L.
'h
-.
KlRGlS
i
1
2
3
4
5
6
7
8
9
lo
11
l2
l3
14
I.5
l6
17
l8
l9
2o
21
22
23
24
25
26
27
28
0 m
PLANNING COMMISSION RESOLUTION NO. 2407 .-
.----
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITJ
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF AN
AMENDMENT TO THE LAND USE ELEMENT OF THE GENERAL PI NRR, NON-RESIDENTIAL RESERVE TO RLt RESIDENTIAL LO!
DENSITY, 0 - 1.5 DU/AC ON PROPERTY GENERALLY LOCATl
BETWEEN THE SOUTHERLY EDGE OF THE KELLY RANCH AND 1
CANYON PARK APPROXIMATELY ONE MILE WEST OF EL CAM11
APPL I CANT :
CASE NO.: GPA/LU 84-7
K I RG IS
WHEREAS, a verified application for an amendment tc
General Plan designation for certain property located, as s1
Exhibit "A", dated December 21, 1984, attached and incorpor
herein, have been filed with the Planning Commission; and
WHEREAS, said verified applications constitute a rf
for amendment as provided in Title 21 of the Carlsbad Munic.
Code; and
WHEREAS, the Planning Commission did, on the 23rd (
January, 1985, hold a duly noticed public hearing as prescr
law to consider said request;
WHEREAS, at said public hearing, upon hearing and
/considering all testimony and arguments, if any, of all per
\desiring to be heard, said Commission considered all factor
relating to the General Plan Amendment.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plann
Commission of the City of Carlsbad, as follows:
A) That the above recitations are true and correct.
B) That in view of the findings made and considering the
applicable law, the decision of the Planning Commissio
recommend APPROVAL of GFA/LU 84-7, as shown on Exhibit
dated December 21, 1984.
////
////
////
////
0
le for the type and densit
adequate in size and shap
accommodate residential development at the density prop Uses allowed in the proposed, Residential Low Density, use designation are compatible with surrounding land us the reasons stated in the staff report.
) The project is consistent with all City public facilitl
icies and ordinances since:
a) The applicant has agreed and is required by the inc
of an appropriate condition to pay a public facilit Performance of that contract and payment of the fc enable this body to find that public facilities wil available concurrent with need as required by the 5
This project will not cause any significant environment
impacts and a Negative Declaration has been issued by 1
Use Planning Manager on October 4, 1984 and approved bj Planning Commission on January 23, 1985.
PASSED, APPROVED AND ADOPTED at a regular meeting (
Carlsbad , California, he:
the following vote, to wil
AYES: Chairman Farrow, Commissioners Schlehuber
NOES : None.
ABSENT: - Commissioner McFadden.
ABSTAIN: Commissioners Rombotis and L'Heureux.
)
Marcus and Smith.
dd&)hb
.I
PC RES0 NO. 2407 -2-
t
1
2
3
4
5
6
7
8
9
lo
l1
12
l3
14
I.5
l6
17
l8
I.9
2o
21
22
23
24
25
26
27
28
a 0
PLANNING COMMISSION RESOLUTION NO. 2408 --
*_
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITl
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A
PREANNEXATIONAL ZONE CHANGE FROM COUNTY RR-2 TO CI?
CARLSBAD R-1-30,000 ON PROPERTY GENERALLY LOCATED 1
THE SOUTHERLY EDGE OF THE KELLY RANCH AND MACARIO 1
PARK APPROXIMATELY ONE MILE WEST OF EL CAMINO REAL
APPLICANT: RIRGIS
CASE NO.: ZC-310
WHEREAS, a verified application for certain proper
wit:
Portion of Lot F of Rancho Agua Hedionda according
No, 823 filed November 16, 1896,
has been filed with the City of Carlsbad, and referred to t
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 23rd d
January, 1985, hold a duly noticed public hearing as prescr
law to consider said request; and
WHEREAS, at said public hearing, upon hearing and
considering all testimony and arguments, if any, of all pel
/desiring to be heard, said Commission considered all facto1
I*.
relating to the Zone Change; and
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plan
Commission as follows:
A) That the above recitations are true and correct.
B) That based on the evidence presented at the public he
the Commission recommends APPROVAL of ZC-310, based o
following findings and subject to the following condi
Findings:
1) The proposed zone change to R-1-30,000 is consistent
General Plan designation of RL since this designation
allow the site to be developed at a density of 0 - 1,
per the Carlsbad General Plan.
////
1
2
3
4
5
?5
7
8
9
10
l1
12
13
14
l5
l6
17
l8
19
20
21
22
23
24
25
26
27
28
-
e e
2) Theproposed zone change is consistent with the surrour ?zoning since the property to the south and west is zonz
the property to the north is zoned P-C and the subject property is isolated from the property to the east by
topography.
property to be developed with a clustered development density comparable to the property to the north.
3) The proposed zone change to R-1-30,000 will allow the
4) The project is consistent with all City public facilit: policies and ordinances since:
a) The applicant has agreed and is required by the in
of an appropriate condition to pay a public facili fee. Performance of that contract and payment of will enable this body to find that public facilitil be available concurrent with need as required by t general plan.
5) The proposed zone change is consistent with all other
of the general plan.
6) This project will not cause any significant environmen impacts and a Negative Declaration has been issued by
Use Planning Manager on October 4, 1984 and approved k Planning Commission on January 23, 1985.
Conditions :
1) Approval is granted for ZC-310, as shown on Exhibit "E
December 21, 1984, incorporated by reference and on fi
the Land Use Planning Office.
2) This project is approved upon the express condition tl-
applicant shall pay a public facilities fee as require Council Policy No. 17, dated April 2, 1982, on file wj
City Clerk and incorporated herein by reference, and 2 to the agreement executed by the applicant for payment fee, a copy of that agreement, dated April 7, 1984, i5
with the City Clerk and incorporated herein by referei said fee is not paid as promised, this application wi. consistent with the General Plan and approval for thii shall be void.
////
////
////
////
//// PC RES0 NO. 2408 -2-
1
2
3
4
5
6
7
a
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
e 0
--
PASSED, APPROVED AND ADOPTED at a regular meeting (
Planning Commission of the City of Carlsbad, California, he:
the 23rd day of January, 1985, by the following vote, to wi
AYES: Chairman Farrow, Commissioners Schlehuber
NOES : None.
ABSENT: Commissioner McFadden.
ABSTAIN: Commissioners Rombotis and L'Heureux.
a-
Marcus and Smith.
CARLSBAD
ATTEST:
LAND USE PLANNING MANAGER
I
PC RES0 NO. 2408 -3-
APPLICA SUBMITTAL DATE: 0 APRIL 9T84 c
0 STAFF REPORT
DATE : January 23, 1985
TO: Planning Commission
FROM: Land Use Planning Office
SUBJECT: GPA/LU 84-7/2C-310 - KIRGIS - Request for a General
Plan Amendment and Pre-annexational Zone Change for a 21.9 acre parcel located adjacent to the southeast corner of the Kelly Ranch Master Plan area approximately one mile west of El Camino Real.
I. RECOMMENDATION
It is recommended that the Planning Commission APPROVE the Negative Declaration issued by the Land Use Planning Manager an
ADOPT Resolution Nos, 2407 and 2408 recommending APPROVAL of
mU 84-7/ZC-310 to the City Council based on the findings an
subject to the conditions contained therein.
11, PROJECT DESCRIPTION
The applicant is requesting an amendment to the Land Use Elemen
of the General Plan from NRR (Non-Residential Reserve) to RL (Residential Low Density; 0 - 1.5 du/ac) for property located a
described above. As shown by Exhibit nAn, this parcel has two general plan designations; RL and NRR, Approval of the propose
General Plan Amendment would designate the entire site as RL. The applicant is also requesting a preannexational zone change to R-1 on the subject property.
The subject property has an area of 21.9 acres and is covered 1:
native vegetation and some introduced species. Nearly 74% of the site consists of slopes of 20% or greater. The only access to the property is via dirt roads in easements crossing Macaric Canyon Park and the Kelly Ranch. The applicant has informed stafffthat he has no development plans at this time,
111. ANALYSIS
Planning Issues
1) Is the proposed land use of residential low density ar
2) Would the proposed general plan amendment adversely
appropriate use for the site?
affect the surrounding properties?
0 W
3) Is the proposed R-1 zone consistent with the RL
4) Is the proposed R-1 zone and the uses allowed within
General Plan designation?
this zone consistent with surrounding zoning and land uses?
Discussion
The subject property presently has two general plan designatior RL and NRR. Staff believes that it is appropriate to change tl' land use designation of NRR to residential. Normally, a change from NRR would be to a non-residential land use. In this
future industrial development to the east and the future Macar: Canyon Park to the south and relates more to the residential property to the north, In addition, the subject property is
outside the Palomar Airport influence area.
A general plan designation of R-L, Residential Low Density for
the entire site would permit a maximum of 32 dwelling units on
this property. Staff believes that this designation is
appropriate because this site is severely constrained by steep
slopes, sensitive plant species and access problems. Only
approximately 5 acres in the north central portion of the site is developable because of the above mentioned constraints.
At the present time this site obtains access through easements over dirt roads crossing Macario Canyon and the Kelly Ranch. ' best permanent access to this site has not been determined at this time. However, it is highly probable, that when access is resolved, this site will obtain access via a cul-de-sac. TI City's cul-de-sac policy permits a maximum of SO dwelling unit on a cul-de-sac. Approval of the proposed amendment to RL wou allow development of this property in conformance with the Cit cul-de-sac policy, since the maximum number of units permitted would be 32.
Staff believes that the proposed General Plan Amendment will nl
adversely impact adjacent properties. Future development on t site will probably consist of townhomes or condominiums cluste on the relatively, level, north central portion of the site. This would result in a project with a density that would appea
to be similar to future development immediately to the north i the Kelly Ranch.
Zone Change
Staff believes that a Zone Change to R-1-30,000 would be
consistent with a general plan designation of RL, Residential Low Density 0 - 1.5 du/ac. This zoning designation would all0 the site to be developed at a maximum density of 1.5 du/ac. Staff believes that it is important for the zoning to coincide
instance it is evident that the site is physically separated fi
-2-
m
with the general plan designation. It is highly unlikely that
this site will be developed with 30,000 square foot lots. The applicant will probably utilize the flexibility of the City's Planned Development Ordinance to clustered townhomes or condominiums on the flatter portion of the site.
Since the R-1-30,000 zoning designation would implement the
General Plan designation of RL, staff believes that the uses permitted by this zoning designation would be compatible with surrounding zoning and land uses for the reasons previously discussed.
In conclusion staff believes that the proposed General Plan
designation of RL is appropriate for the site and will not adversely impact surrounding properties, The proposed zoning c R-1-30,000 is consistent with the RL General Plan designation and the uses allowed within this zone will be consistent with surrounding zoning and land uses. Therefore, staff recommends approval of GPA/LU 84-7/2C-310.
The City Council Policy prohibiting general plan amendments waE adopted after the staff work was completed on this project, Tk
City Council is aware that about six projects were in this situation and have concurred with staff that these items shoulc be allowed to continue through the process.
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 October 4, 1981
ATTACHMENTS
1) Planning Commission Resolution Nos. 2407 and 2408
2) Location Map
3) Background Data Sheet
4) Disclosure Form 5) Environmental Documents 6) Exhibits "A" - nBn, dated December 21, 1984
MH: bw
1/8/85
-3-
e 6 -e---- --~---, ~-- ---- -- -- dvE&qE Lu&wL- ***’wLwsLU
1 APptxCAEfi:
Name (individual,
8332 Pinotaqe ‘Court San Jose. California
Business Adds-
(408)270-5114
Telephone Numbez
SZYTEL ENGINEERING AND SURVEYING, INC.
N-0
935 West Mi ss ion Avenue .Su i te H - Escond i do, Ca 1 i forn i a 92025’
95135
AGENT:
-. .. Business mess
(6 1’9) 74 i-6979 .
,.
.. Telephone Nurnbar . __ . -. . K€&@ERS:
-. Name *(individual, partnez, joint. . Home Wress . venture, corporation, syndication)
msiness Address
Teleshone N-r Telephone Xumber
Sste Home Address
._ 3.xsiness Mdress
. ‘Zsle~.hom N?.z&e.r Telep’=rone Xunber .- --
* .. -
..
. (Attach more sheets if necessary)
. Xhle dec1z=s uzdez Penalty of Perjury that tk inforreation contained in this closure is tns 2nd correct and that it will remain true and correct and KLS~
relies u-ma as !dag true and correct until .==ended.
HOWARD G. KlRGlS (89, 2. K:W
.. .
1-
& r
* mENERAL PLAD
- EXHIBI'
12-2 1-81