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HomeMy WebLinkAbout1994-06-14; City Council; 12736; APPEAL OF A PLANNING COMMISSION DECISION TO DENY A GENERAL PLAN AMENDMENT, LOCAL COASTAL PROGRAM AMENDMENT, AND A ZONE CHANGE - ENCINAS CREEK/MORGAN - GPA 93-03/LCPA 93-03/ZC 93-03Clm OF CARLSBAD - AGEW BILL ,;!> /-e'[ x 1 I 4 1 AB # w TITLE: APPEAL OF A PLANNING COMMISSION DECISION MTG. 6/14/94 DEP cw CREEK/MORGAN - GPA 93-03LCPA 93-03/ZC 93-03 DEPT.8- TO DENY A GENERAL PLAN AMENDMENT, LOCAL COASTAL CITl PROGRAM AMENDMENT, AND A ZONE CHANGE - ENCINAS 1 I RECOMMENDED ACTION: ADOPT Resolution No. '??e 159 , UPHOLDING the Planning Commission c Change 93-03. 4 -4 rd General Plan Amendment 93-93) Local Coastal Program Amendmat 53-03, 8 z A 'U g -d v) v) -3 0 0 M c .rl c G (d 4 PI 2 u ITF,M EXPLANATION On April 20, 1994, the Planning Commission denied a request for approval of a Plan and Local Coastal Program Amendment from Planned Industrial (PI) on 12. to Community Commercial (C) on 10.36 acres and Open Space (OS) on 1.83 acr denied was a Zone Change from Planned Industrial, Qualified Development Over (P-M-Q) on 12.19 acres to General Commercial, Qualified Development Overlay : 2-4) on 10.36 acres and Open Space on 1.83 acres. The property is located on t side of Palomar Airport Road east of its intersection with College Boulevard/fut 1 Road in the Coastal Zone and Local Facilities Management Zone 5. bo .rl G a 4 0 c An appeal of the Planning Commission denial has been filed by the project applic; reason listed for the appeal is as follows: s- n h rr) 4 "Applicant believes if access issue from Laurel Tree Road had been different decision might have been reached." e I m g g *rl 4J 4 3 0 v) 2 a a, c, FLI 0 a (d rl *rl c) G V g 2 0 F 0 a e z 3 0 0 Laurel Tree Road is a private access easement on the west edge of the Morgan I However, access to the Morgan property, upon development, is required to be I de-sac from Alga Road. This is because the existing Laurel Tree Road will be after construction of Alga Road south of Palomar Airport Road (PAR). Removal of Laurel Tree Road is necessary because an intersection at Laurel Tree I PAR would be approximately 550 feet from the Alga Road/PAR intersectic required spacing on PAR, a prime arterial road, is 2,600 feet. This is to allow sa conditions to Palomar Airport Road. The cul-de-sac that would serve the Morgan property has a maximum capacity Average Daily Trips (ADT). This ADT figure comes from the City Council Engineering Standard. Per the Traffic Report submitted by the applicant, a COI project on the site would generate 8,600 ADT. This would violate the standard ADT. The staff report attached to the agenda bill provides an analysis of the reasons f of the proposed land use changes. The General Plan policies which support den application address: (1) discouraging strip commercial development, (2) arran! uses so that they are functionally efficient, (3) locating major commercial center which are easily accessible to major transportation facilities, and (4) prohibiting access to prime arterials. The policies can be found in the staff report to the effectively handle the large volumes of traffic, and to maintain safe ingre: Commission, @ @ PAGE 2 OF AGENDA BILL NO. ld; 2 ?& % ENVIRONMENTAL REVIEW Qn April 20, 1994, the Planning Commission approved the Negative Declaratio by the Planning Director dated December 2, 1993. FISCAI, IMPACT No fiscal impact is anticipated from City Council action on this appeal. EXE-IIBITS I. City Council Resolution No. 9i.r- 15 3 2. Location Map 3. Planning Commission Resolution Nos. 3649, 3650, 3651, and 3652 4. Staff Report dated April 20, 1994, with attachents 5. Excerpts from Planning Commission Minutes dated April 20, 1994 6- Appeal Form % 0 e - 1 2 3 4 5 RESOLUTION NO. 94-157 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, UPHOLDING A PLANNING COMMISSION DENIAL OF GENERAL PLAN AMENDMENT 93- 03, LOCAL COASTAL PROGRAM 93-03, AND ZONE CHANGE 93-03 FOR PROPERTY LOCATED ON THE SOUTH .SIDE 03 PALOMAR AIRPORT ROAD EAST OF ITS INTERSECTIOB WITH COLLEGE BOULEVARD/FUTURE ALGA ROAD. GPA 93-03/LCPA 93-03/ZC 93-03 ENCINAS CREEK - MORGAN - (APPEAL) 6 /I WHEREAS, on April 20, 1994, the Carlsbad 7 11 Commission adopted Planning Commission Resolution No 8 9 10 approving a Negative Declaration; and adopted Planning Co Resolution Nos. 3650, 3651, and 3652, denying Gener Amendment 93-03, Local Coastal Program Amendment 93-03, 111/ Change 93-03; and l2 I/ WHEREAS, the City Council of the City of Carlsb l3 I( June 14. I 1994 considered an appeal of the 14(/ Commission decision 'to deny General Plan Amendment 93-0 l5 11 Coastal Program Amendment 93-03, and Zone Change 93-03. l6 I/ NOW, THEREFORE, BE IT HEREBY RESOLVED by the Cit] 17ll of the City of Carlsbad, California, as follows: 18 1. That the above recitations are true and COI 19 2. That the Negative Declaration is approved 2o 1 the findings of the Planning Commission in Resolution No. 21 I/ file with the City Clerk and incorporated herein by refer4 22 11 the findings and conditions of the City Council. 23 11 3. That the General Plan Amendment 93-03, Loca: 24 25 26 Program Amendment 93-03, and Zone Change 93-03 are deniec findings of the Planning Commission contained in Resolul 3650, 3651, and 3652, on file with the City Clerk and incc 27 11 herein by reference, axe the findings of the City Council 28 addition of the following finding: - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 . 22 23 24 25 26 27 28 0 a "The property will not be able to utilize Lau: Lane as a permanent access to Palomar Airport Road, Lau Lane is a private access which is temporary until Alga constructed to Palomar Airport Road. It provides temporar to properties within Local Facilities Management Zone 20. Tree Lane will be closed when Alga Road is constructed so intersection spacing requirements for prime arterial stre not be violated. It 4. This action is final the date this resol. adopted by the City Council. The provision of Chapter 1.1 Carlsbad Municipal Code, "Time Limits for Judicial Revie apply: I'NOTICE TO APPLICANT" "The time within which judicial review of this decision must be sought is governed by Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of Carlsbad by Carlsbad Municipal Code Chapter 1.16. Any petition or other paper seeking judicial review must be filed in the appropriate court not later than the ninetieth day following the date on which this decision becomes final: however, if within ten days after the decision becomes final a request for the record of the proceedings accompanied by the required deposit in an amount sufficient to cover the estimated cost of preparation of such record, the time within which such petition may be filed in court is extended to not later than the thirtieth day following the date on which the record is either personally delivered or mailed to the party, or his attorney of record, if he has one. A written request for the preparation of the record of the proceedings shall be filed with the City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California 92008.91. ~ 2 e 0 PASSED, APPROVED AND ADOPTED at a regular meeting of t 1 Council of the City of Carlsbad, California, on the 14th 2 3 4 ?5 6 7 8 JUNE , 1994, by the following vote, to wit: AYES: Council Members Lewis, Stanton, Kulchin, Nygaard, Finnj NOES: None ABSENT : None 9 11 ATTEST: 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ( I I I 1 i Z, City Clerk t City Clerk (SEAL) 11 3 9- ~~ APRIL 20, 1s 4 City of Carla ENCINAS CREEK-MORGAN GPA 93-03/LCR ZC 93-0 /I 0 e c, 1 2 3 4 5 6 7 PLANNING COMMISSION RESOLUTION NO. 3649 A RESOLUTION OF THE PLANNING COMMISSION OF THE CETJ CARLSBAD, CALIFORNIA APPROVING A NEGATIVE DECLARAT FOR A GENERAL PLAN AMENDMENT AND LOCAL COAS PROGRAM AMENDMENT FROM PI TO C ON 10.36 ACRES ANI: 10.36 ACRES AND OS ON 1.83 ACRES LOCATED ON THE SO1 SIDE OF PALOMAR AIRPORT ROAD EAST OF ITS INTERSEC? WITH COLLEGE BOULEVARD/FUTURE ALGA ROAD. ON 1,83 ACRES AND A ZONE CHANGE FROM P-MQ TO C-24 CASE NAME: ENCINAS CREEK. - MORGAN CASE NO: GPA 93-03/LCPA 93-03/ZC 93-03 8 WHEREAS, the Planning Commission did on the 20th day of April, 9 a duly noticed public hearing as prescribed by law to consider said request, a 10 WHEREAS, at said public hearing, upon hearing and considering al I' // and arguments, examining the initial study, analyzing the information submitt 12 13 14 15 as follows: 16 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning C and considering any written comments received, the Planning Commission COI factors relating to the Negative Declaration. 17 18 19 20 21 I A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, th Commission hereby APPROVES the Negative Declaration accordin; "ND", dated December 2, 1993, and "PII", dated November 4, 199 hereto and made a part hereof, based on the following findings: Findinns: 22 23 25 2. The site has been previously graded pursuant to an earlier environment; 24 have a significant impact on the environment. 3. Circulation element roads are adequate in size to handle traffic genera 26 proposed project. 28 27 I 1. The initial study shows that there is go substantial evidence that the p 4. There are no sensitive resources located onsite or located so as to be si impacted by this project. I1 ... ll I1 0 -0 1 PASSED, APPROVED, AND ADOPTED at a regular meeting of tl J. It Commission of the City of Carlsbad, California, held on the 20th day of April, 1 following vote, to wit; 2 3 4 5 6 AYES: Chairperson Savary, Commissioners: Schlehub Welshons, Erwin & Hall, NOES: None. 7 ABSENT: Commissioner Betz. a ABSTAIN: None. 9 10 11 :? ? CARLSBAD PLANNING COMI ATTEST: I.2 Ii I.3 I A 141 4 . 15 // Planning Director 16 17 18 19 I I 2o I 21 1 22 23 24 25 26 27 28 * ;)I PC RES0 NO. 3649 -2- a City a of Carlsba NEGATIVE DECLARATION PROJECT ADDRESS/LOCATION: Southside of Palomar Airport Road east c intersection with College Boulevard/future Alga I PROJECT DESCRIPTION: A General Plan and Local Coastal Plan Amendment Planned Industrial (PI) on 12.1 9 acres to Corn Commercial (C) on 10.36 acres and Open Space (OS) or acres. Also proposed is a Zone Change from P1: 12.19 acres to General Commercial, Qualified Develor Overlay Zone (C-2-Q), on 10.36 acres and Open Space (0 1.83 acres. Industrial, Qualified Development Overlay Zone (P-M-( The City of Carlsbad has conducted an environmental review of the above described p pursuant to the Guidelines for Implementation of the California Environmental Qualii and the Environmental Protection Ordinance of the City of Carlsbad. As a result o review, a Negative Declaration (declaration that the project will not have a signi impact on the environment) is hereby issued for the subject project. Justification fc action is on file in the Planning Department. A copy of the Negative Declaration with supportive documents is on file in the Pla Department, 2075 Las Palmas Drive, Carlsbad, California 92009. Comments fro] public are invited. Please submit comments in writing to the Planning Department \ 30 days of date of issuance. If you have any questions, please call Don Neu i Planning Department at (619) 438-1 161, extension 4446. \ DATED: DECEMBER 2, 1993 CASE NO: GPA 93-03/LCPA 93-03/ZC 93-03 Planning Director CASE NAME: ENCINAS CREEK - MORGAN PUBLISH DATE: DECEMBER 2, 1993 2075 Las Palmas Drive Carlsbad, California 92009-1576 (61 9) 438- ENVIRON &AL, IMPACT ASSESSMENT FO 8 PART I1 [TO BE COMPLETED BY THE PLANNING DEPARTMENT) BACKGROUND CASE NO. GPA 93-03/LCPA 93-02 DATE: November 4, 1993 1. CASE NAME: Encinas Creek - Morgan 2. APPLICANT: Gene R. Morgan 3. ADDRESS AND PHONE NUMBER OF APPLICANT: 800 West First Street Los Angles, CA 9001 2 (800) 468-6329 4. DATE EIA FORM PART I SUBMITTED: July 6, 1993 5. PROJECT DESCRIPTION: A General Plan and Local Coastal Plan Amendment frc Industrial (PI) on 12.19 acres to Community Commercial (C) on 10.36 acres and (OS) on 1.83 acres. Also proposed is a Zone Change from Planned Industria Development Overlay Zone (P-M-0) on 12.19 acres to General Commercia' Development Overlay Zone (C-2-01 on 10.36 acres and Open Sp.ace (0-S) on 1.83 property is located on the south side of Palomar Airport Road east of its inters College Boulevard/Future Alga Road. ENVIRONMENTAL IMPACTS STATE CEQA GUIDELINES, Chapter 3, Article 5, section 15063 requires that the City 1 Environmental impact Assessment to determine if a project may have a significant effect on the er The Environmental impact Assessment appears in the following pages in the form of a chec and provides the City with information to use as the basis for deciding whether to prepare an Em Impact Report or Negative Declaration. * A Negative Declaration may be prepared if the City perceives no substantial evidence that th any of its aspects may cause a significant effect on the environment. On the checklist, "T checked to indicate this determination. checklist identifies any physical, b;olo&al and human factors that might be impacted by the propc "' An EIR must be prepared if the City determines that there is substantial evidence that any as project may cause a si~ficant effect on the environment. The project may qualify for Declaration however, if adverse impacts are mitigated so that environmental effects can insignificant. These findings are shown in the checklist under the headings 'YES-sig" and respectively. A discussion of potential impacts and the proposed mitigation measures appears at the end of the DISCUSSION OF ENVIRONMENTAL EVALUATION. Particular attention should be dven to mitigation for impacts which would otherwise be determined significant. e e. PHYSICAL, ENVIRONMENT WILL THE PROPOSAL DIRECTLY OR INDIRECTLY: 1. Result in unstable earth conditions or increase the exposure of people or property to geologic hazards? 2. Appreciably change the topography or any unique physical features? 3. Result in or be affected by erosion of soils either on or off the site? 4. Result in changes in the deposition of beach sands, or modification of the channel of a river or stream or the bed of the ocean or any bay, inlet or lake? 5. .Result in substantial adverse effects on ambient air quality? 6. Result in substantial changes in air movement, odor, moisture, or temperature? 7. Substantially change the course or flow of water (marine, fresh or flood waters)? 8. Affect the quantity or quality of surface water, ground water or public water supply? 9. Substantially increase usage or cause depletion of any natural resources? YES (sig) 10. Use substantial amounts of fuel or energy? 11. Alter a significant archeological, paleontological or historical site, structure or object? -2- YES (insig) - 0 e BIOLOGICAL ENVIRONMENT WILL THE PROPOSAL DIRECTLY OR INDIRECTLY: YES big) 12. ' Affect the diversity of species, habitat or numbers of any species of plants (including trees, shrubs, grass, microflora and aquatic plants)? 13. Introduce new species of plants into an area, or a barrier to the normal replenishment of existing species? 14. Reduce the amount of acreage of any agricultural crop or affect prime, unique or other farmland of state or local importance? 15. Affect the diversity of species, habitat or numbers of any species of animals (birds, land animals, all water dwelling organisms and insects? 16. Introduce new. species of animals into an area, or result in a barrier to the migration or movement of animals? HUMAN ENVIRONMENT YES (insig) WILL THE PROPOSAL DIRECTLY OR INDIRECTLY: 17. Alter the present or planned land use of an area? YES (sig) 18. Substantially affect public utilities, schools, police, fire, emergency or other public services? -3- YES (insig) X 0 a HUMAN ENVIRONMENT WI-LL THE PROPOSAL DIRECTLY OR INDIRECTLY: 19. Result in the need for new or modified sewer systems, solid waste or hazardous waste control systems? 20. Increase existing noise levels? 21. Produce new light or glare? 22. Involve a significant risk of an explosion or the release of hazardous substances (including, but not limited to, oil, pesticides, chemicals or radiation)? 23. Substantially alter the density of the human population of an area? 24. Affect existing housing, or create a demand for additional housing? 25. Generate substantial additional traffic 26. Affect existing parking facilities, or create a large demand for new parking? 27. Impact existing transportation systems or alter present patterns of circulation or movement of people and/or goods? 28. Alter waterborne, rail or air traffic? 29. Increase traffic hazards to motor vehicles, bicyclists or pedestrians? 30. Interfere with emergency response plans or emergency evacuation plans? 31. Obstruct any scenic vista or create an aesthetically offensive public view? 32. Affect the quality or quantity of existing recreational opportunities? YES (si@ -4- YES (insig) X X - e 0 MANDATORY FINDINGS OF SIGNIFICANCE . WILL THE PROPOSAL DIRECTLY OR INDIRECTLY: YES YES (sig) (insig) 33. Does the project have the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wild- life species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or en- dangered plant or animal, or eliminate of California history or prehistory. important examples of the major periods 34. Does the project have the potential to achieve short-term, to the dis- advantage of long-term, environmental goals? (A short-term impact on the environment is one which occurs in a relatively brief, definitive period of time while long-term impacts will endure well into the future.) 35. Does the project have the possible environmental effects which are in- dividually limited but cumulatively considerable? ("Cumulatively con- siderable" means that the incremental effects of an individual project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.) 36. Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? -5- 0 0 bISCUSSION OF ENVIRONMENTAL EVALUATION This environmental analysis is confined to the proposed General Plan, Local Coastal Plan, Change to Commercial and Open Space designations. The proposed Open Space designatio1 area along the southern part of the property containing steep slopes with mixed chaparral Creek which runs through the southern and eastern areas of the property is not propo designated as open space with the proposed land use changes. The property owner would likc options for addressing Encinas Creek. Possible development scenarios include no change to th channel, removal of invasive non-native vegetation and enhancement of the channel, reg: restoration of the existing channel, relocation of the channel, and other potential options. conceivable that the channel size may need to be increased to accommodate larger water fl build out. Further environmental review will be required for development of the site. ' then the creek and required buffer area will be designated as open space and the trail linkag on the Citywide Trail Plan incorporated into the site design. Physical Environment alignment issue of the creek is resolved at the time development plans are available for thc 1. The property is relatively level containing a gentle slope from east to west with the excep the southem area of the site which contains slopes over 40 percent. The City of C: Geotechnical Hazards Analysis and Mapping Study, dated November 1992, prepared by Le and Associates, Inc. indicates that the site has a moderate probability that development of tl might result in risk to persons or property. The study indicates the site area may be SUI potential ground failure because of its location in a major alluvial basin which may have s ground water resulting in a relatively high liquefaction potential. The study indicatc commercial and industrial land uses are compatible with the geologic conditions identifi Geotechnical Study prepared for the property at the time development plans are formulatc specify if any corrective measures are necessary. Based on the gently sloping topography developable area of the site no unstable earth conditions will likely be created. 2. The southern most area of the property will be designated as open space as it contains slopc 40 percent with mixed chaparral. As a result the topography of this area of the site will altered. The balance of the property is relatively flat and has been previously graded as : agricultural operations. The existing Encinas Creek channel was aligned and ; approximately 20 years ago. Currently the developable area of the site outside the crer fallow with no unique or sensitive vegetation or features. Only a minor amount of fi: grading is anticipated to be necessary to develop the property. No significant change topography of the site will occur. Development of the site requires additional permits whic be subject to environmental review. 3, The steep hillside on the property will not be altered and the existing native vegetatic remain which reduces potential erosion problems. No development on or alteration of t: is proposed at this time. Erosion control landscaping will be required at the time the developed. The adequacy of the Encinas Creek Channel to convey water from the drainagc will also be evaluated. Public street and drainage improvements exist on the property's fro No significant erosion problems have occurred on the property. -6- 0 0 4. * Because Palomar Airport Road is a Prime Arterial Street the City's Engineering Standards pr access to adjoining property. Therefore, access will need to be provided from the west th . the Kelly property to College Boulevard. The necessary access may need to cross the E1 Creek channel requiring the modification of this stream channel. tn addition, as staled prev there is a potential that the channel may be proposed to be realigned or modified to be adeq sized to accommodate drainage from this basin. No modification to the channel will OCCI part of the proposed land use changes. Environmental review of any proposed cl modifications will be required when development plans are proposed for the property. 5. The proposed land use change will permit land uses which will generate additional average traffic (ADT) over that anticipated by the existing designations. The proposal will commercial development in close proximity to planned residential and industrial land Because of the location of the property in relation to future residential and non-residentia uses it may serve to maximize services to surrounding users, and result in a more efficien use pattern resulting in shorter vehicle trips by area residents and workers. Development property will be subject to further environmental review to determine the affect on air q1 6. No specific development plans are available for the property at this time. It is unlikel! development of the property with commercial land uses as compared to planned industria uses would impact air movement, odor, moisture, or temperature. Exisling and planned roadways adjacent to the property result in the maintenance of significant corridors allowil air movement. 7. Changing the land use designations for the property will not change the course or flow of as no development is being proposed at this time. The Encinas Creek alignment will be SI to further environmental review at the time development plans are submitted for pemittil 8. Development of the property is not being proposed at this time. Drainage from the propert: be analyzed at the time development plans are prepared including the removal of urban pollc from runoff. Water can be supplied to the property by the Carlsbad Municipal Water Dist 9. No natural resources exist on the developable area of this previously graded site. Pot1 impacts to the riparian vegetation associated with the creek channel will be subje environmental review for the proposed development. 10. The project subject to this environmental review is a request to change the land use designal The requested land use because of its location may serve to maximize services to surroul users, and thereby, ultimately provide a more efficient land use pattern, which could PO: decrease fuel consumption. Any future development of the property will be subje environmental review to determine if there is an impact regarding the use of substantial am( of fuel or energy. 11. The developable area of the site has been previously graded and does not have a signil potential for containing archeological or paleontological objects based upon a review of records from the San Diego State Cultural Resource Management Center and the San 1 Museum of Man. A Cultural Resource Survey of the adjacent property to the west was comp by ERC Environmental and Energy Services Company and is documented in a July 1989 re -7- .0 0 - The report concluded that because no important cultural resources were located within the area, no further archaeological study is necessary. Biological Environment 12. No alteration of the property is planned as part of the proposed change to open spz commercial land use designations. The mixed chaparral area in the southern part of the : be designated as open space and be preserved. Potential impacts to riparian vegetation a1 Encinas Creek channel, and the plantings along Palomar Airport Road which include some 1 vegetation in partial fulfillment of the City of Carlsbad’s mitigation program for native veg losses incurred by the road widening, will be evaluated once development plans are PI: indicating if these areas may be impacted. The fallow agricultural area which is the deve. area of the property contains weeds commonly associated with disturbed sites. 13. No new species of plants which would be a barrier to the replenishment of existing spec be introduced onto the property. When development of the site is proposed landscape pl: be evaluated to ensure that invasive non-native species are precluded from areas adja native vegetation to be preserved. 14. The site has been farmed historically although no recent farming activity has taken According to the property owner it has been over 15 years since the site has been farm( is not considered suitable for farming operations. Soils are generally considered inadeq by higher elevation property. Compared to other properties which are higher and have bet exposure, the subject site is very cold for most of the growing season. The property hz designated for urban land use (Planned Industrial) since 1982. Any future development site will not reduce the amount of acreage of any agricultural crop or affect farmland of I local importance. they are non-prime. The major problem is that the ground is low-lying and bounded on thl 15. Steep slopes on the property containing mixed chaparral which is habitat to many species preserved as open space. Riparian vegetation along the Encinas Creek channel and veg planted along Palomar Airport Road will be further evaluated when development of the proposed. As mentioned previously the developable area of the site has been previously dis and contains weeds commonly associated with disturbed sites having very limited habitat 16. The commercial uses that may be proposed for the property will not result in the introduc domestic animals into the area. Maintenance of an east/west open space corridor is requ: the General Plan and the Open Space and Conservation Resource Management Plan. Des$ of the Encinas Creek Channel and buffer area from the riparian area will be assured once tlr; of the creek’s alignment and sizing are resolved. This will occur upon submittal of develc plans to assure that a barrier to the migration or movement of animals is not created. Human Environment 17. The proposal will change the planned land use for the property from industrial to commerc open space. The proposed land use designation will resuit in uses which are compatible w adjacent non-residential uses. The southern area of the property which is adjacent to a -8- 0 0 - planned for residential development as well as open space contains steep slopes and designated as open space. This will maintain a buffer between the two types of land us( 1 with the topographic difference. The proposed land use change appears tQ conflict wiih 1 of the General Plan due to the limited access available to the site as a result of the applicz City Standards. This however, is not an environmental issue. Any development permits rl for the property will be subject to further environmental review. 18. All necessary public utilities and services will be provided in conformance with the Local F: Management Plan for Zone 5 or development of the property will not be permitted. 19. Sewer system improvements will be provided as needed to serve development of the prop provided in the Zone 5 Local Facilities Management Plan. Drainage systems for collecting pollutants will be addressed at the time development plans for the site are submitted. 20. The site fronts on Palomar Airport Road a prime arterial. Noise modeling for the year 2( Palomar Airport Road prepared by Mestre Greve Associates indicates that the property ma noise levels of up to 70 CNEL as a result of roadway noise. Site design and building attenuation will result in the building interior noise levels attaining the levels required b guidelines. The property is within the 65 CNEL contour for Palomar Ahport. The propo. been found to be consistent with the Comprehensive Land Use Plan for Palomar Airport. 21. When development plans are being developed for the property necessary lighting will be rc to be directed so as to not impact adjacent properties. 22. Changing the land use designations for the site from Planned Industrial to Commercial will in a decrease in the risk of an explosion or the release of hazardous substances as PO manufacturing and processing uses are replaced by retail and service uses. 23. The density of the human population of the area will not be substantially altered as develo of the property with a nonresidential land use is anticipated by the land use desigr, applicable to the site. The proposal is to change the land use designation for the site fro: non-residential land use to another. 24# The possible commercial uses which could be developed on the property will not crc significant demand for additional housing. Sufficient areas in the vicinity are plannc residential development to accommodate any housing demand created by development ( property. 25. A Traffic Report has been prepared for the proposed land use change by Weston Pringle Asso and is dated June 14, 1993. The report compares the projected traffic generation from tl with a planned industrial use as compared to a community commercial land use. Becac project is proposed at this time traffic projections for each use are based on a square fc estimate consistent with the growth management program methodology for calcu development potential. The traffic report is therefore based on a worst case analy development plans for the site will likely yield a significantly smaller amount of develop This is evidenced by the conceptual site plan prepared to demonstrate that comrr~ development can be accommodated on the property in compliance with code requirement: -9- 0 0 - The report utilizes a development of 122,316 square feet. A commercial development of tl would generate approximately 8,600 daily trips, 260 AM peak hour trips (155 ~n, 105 01 860 PM peak hour trips (430 In, 430 Out). This compares to a planned industrial projecl same size which would generate approximately 1,100 daily trips, 25 AM peak hour trips 10 Out) and 80 PM peak hour trips (40 En, 40 Out). The difference totals 7,500 dai! Project trips were assigned to the road system and combined with projected 1995 base vc An annual 3 percent growth rate was applied to existing intersection and road segment ( A SANDAG model was utilized to determine conditions at buildout of the City. All inters are expected to operate acceptably complying with the growth management performance st; for circulation. All road segments are also expected to operate acceptably given the improvc to the Palomar/I-5 Interchange and the Palomar Airport Road improvements east of El C Real. The analysis included the potential increase in traffic from the proposed land use 1 to commercial on the adjacent Encinas Creek - Kelly proposal. The addition of other area p may create the need for improvements at the intersection of Palomar Airport Road and Pa- Norte. Additional Traffic Analysis will be required at the time development plans are subn 26. Any parking demand created by development of the site will be required to be satisfied 1 pursuant to the City's Zoning Ordinance. Development plans will be reviewed for confor to City standards. 27. Refer to the response to number 25. The planned improvements to the circulation systc accommodate the increased vehicle trips generated by the change in land use as documel the Traffic Report dated June 14, 1993, prepared by WPA, Traffic Engineering, Inc. No sign negative impact to existing transportation systems will be created. Development of the si be subject to approval of a Site Development Plan and further environmental review. 28. The property is within the airport influence area for Palomar Airport. The proposed la1 change has been found to be in compliance with the Comprehensive Land Use Plan for P; Commission. Airport by City and SANDAG staff in their role of providing staff support to the Airport la1 29. The number of access points to the site will be limited as the property fronts on a prime ar This will help to limit potential conflicts with bicyclists or pedestrians as access to the si1 likely be provided off of Alga Road through the adjacent property to the west (Encinas C Kelly). This limited access however makes the site less desirable for commercial uses and 'c evaluated for compliance with General Plan policies and City Standards. 30. Changing the land use designation for this property will not interfere with emergency res plans. Future development plans for the property will be reviewed for potentially signj impacts to the public roadway and for the provision of emergency access to the site. 31. Development of this site will not obstruct a scenic vista or create an aesthetically offensive 1 view. The site is located on Palomar Airport Road and is subject to the Scenic Co Guidelines. In addition the property currently has a Qualified Development Overlay Zone is proposed to be retained. The overlay zone requires discretionary approval of develo] plans. -10- 0 0 32. a Future development of the site with commercial uses will not create a large demal recreational facilities. Development plans for the property will be required to incorporatc - shown in the Open Space and Conservation Resource Management Plan. -1 1- 0 0 ANALYSIS OF VIABLE ALTERNATIVES TO THE PROPOSED PROJECT SUCH AS! a) Phased development of the project, b) alternate site designs, c) alternate scale of development, d) alternate uses for the site, e) development at some future time rather than now, g) no project alternative. f) alternate sites for the proposed project, and a) No development of the site is proposed at this time. This action is limited to land use ch' property. Development plans for the property will be subject to further environmental r b) Site designs are not being considered for approval as part of the action being reque property. c) No plan of development is being proposed for approval as part of the action requested c this time. d) The appropriate land use classification for the site will be considered further in rhe an proposal developed for review by the Planning Commission and City Council. e) The site is not proposed to be developed as part of the action being requested. Howeve1 environmental advantage from deferring development of this site. f) While the site may be used for a range of commercial uses should the land use changes i the specific uses have not yet been determined and will be subject to an alternative sites g) The no project alternative would not be environmentally superior as the developable are has been disturbed, contains no significant environmental resources, and is located adjace1 arterial. -1 2- e 0 DETERMINATION (To Be Completed By The Planning Department) - On the basis of this initial evaluation: X I find the proposed project COULD NOT have a significant effect on the environment, and DECLARATION will be prepared. - I find that the proposed project COULD NOT have a significant effect on the environment, environmental effects of the proposed project have already been considered in conj, previously certified environmental documents and no additional environmental review Therefore, a Notice of Determination has been prepared. - I find that although the proposed project could have a significant effect on the environme not be a significant effect in this case because the mitigation measures described on an i sheet have been added to the project. A Conditional Negative Declaration will be propo - I find the proposed project MAY have a significant effect on the environment, and an ENVIR IMPACT REPORT is required. n .e 7 3 ,\gmy& Date Signature I ' li.d" 3 Da e Planning Direczr v LIST MITIGATING MEASURES (IF APPLICABLE) ATTACH MITIGATION MONITORING PROGRAM (IF APPLICABLE] -13- 0 0 APPLICANT CONCURRENCE WITH MITIGATING MEASURES THIS IS TO CERTIFY THAT I HAVE REVIEWED THE ABOVE MITIGATING MEASURES AND CONCUR WITH THE ADDITION OF THESE MEASURES TO THE PROJECT. Date Signature DN:vd:lh -1 4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 e PLANNING COMMISSION RESOLUTION NO. 3650 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, DENYING AN AMENDMENT TO THE LAND USE ELEMENT OF THE GENERAL PLAN FROM PI TO C AND OS ON PROPERTY GENERALLY LOCATED ON THE SOUTH SIDE OF PALOMAR AIRPORT ROAD EAST OF ITS INTERSECTION WITH COLLEGE BOULEVARD/FUTURE ALGA ROAD. CASE NAME: ENCINAS CREEK - MORGAN CASE NO: GPA 93-03 WHEREAS, a verified application for an amendment to the G designation for certain property located, as shown on Exhibit GPA 93-03,'dat 1994, attached and incorporated herein, has been filed with the Planning C and WHEREAS, said verified application constitutes a request for as provided in Title 21 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 20th day of 1 hold a duly noticed public hearing as prescribed by law ro consider said req WHEREAS, at said public hearing, upon hearing and con, testimony and arguments, if any, of all persons desiring to be heard, said ( considered all factors relating to the General Plan Amendment. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning ( of the City of Carlsbad, as follows: A) That the above recitations are true and correct. B) That based on the evidence presented at the public hearing, the ( DENIES GPA 93-03, based on the following findings. .... .... 1 2 3 4 5 6 7 0 9 10 11 12 13 14 15 0 0 FindinRs: 1. The proposed land use designation is not appropriate for the s inconsistent with the goals and policies of the General Plan. Thc designation is inappropriate as the site's access possibilities are too lin commercial use of the site. The site has a public street frontage only arterial street, Palomar Airport Road, and an access to this property fro PLlrport Road would not meet intersection spacing requirements for a pri roadway. It will therefore be necessary for access to the site to b through the adjacent parcels to the west, Frazee and Kelly as depic conceptual Development Plan, to reach future Alga Road a Major Artc 2. Policy "C" of the Land Use Element is to "Discourage strip ( development". The Planning Commission has determined that prope Palomar Airport Road redesignated as commercial could result in the strip commercial development along this important roadway. Th Commission finds that the western right-of-way line of Alga Rc Boulevard should be the dividing line for commercial developn considered in conjunction with the access problems to the properties of this future roadway. 3. Land Use Element Policy "B" is to "Arrange land uses so that thc community identify and are orderly, functionally efficient, healthful, co the public and aesthetically pleasing". Access to the site is to limited not be functionally efficient for a commercial land use requiring identifiable access by motorists to a major roadway. l6 17 4. Land Use Element Policy "Dl' states, "Locate major commercial an( centers in areas which are easily accessible to major transportatior Again the location of the site with it's limited and somewhat circuit01 18 order to comply with City policies and standards prevents the property 19 commercial use. easily accessible to major transportation facilities to the degree req I 20 21 22 23 24 25 26 27 5. Circulation Element Policy D.1.2 stipulates that 'The number of acce: freeways and prime arterials should be minimized to enhance the funct routes as throughways". This policy addresses the main function arterial which is to carry large volumes of traffic within and throug Limitations on the location and nm'ber of intersecting roadways anc allow prime arterials to achieve this intended function of their desi: maintains a higher degree of traffic safety. This policy provides justi the prohibition of direct access from the property to Palomar Airport .... PC RES0 NO. 3650 2 28 1 2 3 a 0 6. Circulation Element Policy D.2 reads as follows: "Prime Arterials: Driw is prohibited on prime arterials". Palomar Airport Road is a prir Therefore the property must gain access through the Kelly and Frazef to future Alga Road which is not a desirable situation for a comer& by doing so the traffic generated for a commercial proposal will not rn de-sac standard for the maximum number of average daily vehicle tri 4 7. The proposed land use is not consistent and compatible with swot 5 uses. The proposal will result in an isolated commercial designation I! 6 located at the intersection of arterial streets. 7 8 9 10 11 12 13 14 15 16 8. A Traffic Study was prepared for the proposed land use change by T Engineering, Inc. and is dated June 14,1993. The study shows that a development on this property will generate 8,600 daily trips as com1 1,100 daily trips generated by a planned industrial project of the sam is a difference of 7,500 daily trips. The traffic generation for t commercial proposal will not meet the single entrance cul-de-sac d standard. The site is limited to one access point through the Fraze parcels. Approval of land use change will create a situation where commercial development on the property could not comply with the I Department's cul-de-sac policy. .... .... .... 17 ".* 18 .... 19 I 20 21 22 23 .... .... .... .... 24 25 .." .... 26 27 28 PC RES0 NO. 3650 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 l 15 16 17 18 19 2o I 21 22 23 24 25 26 27 28 ~ 0 0 PASSED, APPROVED, AND ADOPTED at a regular meeting of tb Commission of the City of Carlsbad, California, held on the 20th day of April the following vote, to wit: AYES: Chairperson Savary, Commissioners: Schlehubr Welshons, Erwin & Hall. NOES: None. ABSENT: Commissioner Betz. ABSTAIN: None. PEGGY f*JW& Y, Chairpersq CARLSBAD PLANNING COM ATTEST: Y v MICHAEL J. HOLZMILLER Planning Director ? PC RES0 NO. 3650 4 I I il I rn a APRIL 20, ' '. * h EX15 GENERl PROP GENERl ? 4 City of Carts t I I ENCINAS CREEK-MORGAN I GPA 93- z I m I/ 0 0 P 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 I 22 21 I PLANNING COMMISSION RESOLUTION NO. 3651 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, DENYING AN AMENDMENT TO THE CARLSBAD LOCAL COASTAL PROGRAM FROM PLANNED INDUSTRIAL TO COMMUNITY COMMERCLAL AND OPEN SPACE AND TO BRING THE DESIGNATIONS ON THE LOCAL COASTAL PROGRAM, GENERAL PLAN, AND ZONING MAP INTO CONFORMANCE ON PROPERTY LOCATED ON THE SOUTH SIDE OF PALOMAR AIRPORT ROAD EAST OF ITS INTERSECTION WITH COLLEGE BOULEVARD/FUTURE ALGA ROAD. CASE NAME: ENCINAS CREEK - MORGAN CASE NO: LCPA 93-03 WHEREAS, California State law requires that the Local Coast: General Plan, and Zoning designations for properties in the Coastal I conformance; WHEREAS, a verified application for an amendment to the LC Program designations for certain property located, as shown on Exhibit LC dated April 20, 1994, attached and incorporated herein, has been filed with tl Commission; and WHEREAS, said verified application constitutes a request for as provided in Title 21 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did on the 20th day of A hold a duly noticed public hearing as prescribed by law to consider the pro Coastal Plan Amendments shown on Exhibit LCPA 93-03, and; II 23 24 25 26 27 28 ~ WHEREAS, at said public hearing, upon hearing and con testimony and arguments, if any, of all persons desiring to be heard, said ( considered all factors relating to the Local Coastal Program Amendment. .... ~ II a 0 - !I I/ WHEREAS, State Coastal Guidelines require a six week public revi 1 2 II for any amendment to the Local Coastal Program. 3 II NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Cc 4 of the City of Carlsbad, as follows: 5 A) That the foregoing recitations are true and correct. 6 7 8 9 10 B) The State mandated six week review period, started on NovembeI and ended on December 27, 1993, and no comments were rece C) That based on the evidence presented at the public hearing, the CI DENIES LCPA 93-03 as shown on Exhibit LCPA 93-03, dated 1994, attached hereto and made a part hereof based on the findings: I ' ' 11/1 Findinffs: 12 13 14 15 16 1. The associated General Plan Amendment and Zone Change have be Therefore there is no need to amend the Local Coastal Program as it w the plans to be inconsistent. .... .... , 17 .... 18 .... 19 ,I .... 2o ~ 21 22 23 24 I 25 26 27 .... .... .... .... .... PC RES0 NO. 3651 v .2 - 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 I 20 21 22 23 24 25 26 27 28 W 0 PASSED, APPROVED, AND ADOPTED at a regular meeting of th Commission of the City of Cadsbad, held on the 20th day of April, 1994, by the vote, to wit: AYES: Chairperson Savary, ,Commissioners: Schlehubc Welshons, Erwin & Hall. NOES: None. ABSENT: Commissioner Betz. ABSTAIN: None. 1 7 CARLSBAD PLANNING-COM ATTEST: Planning Director ~ I I I I PC RES0 NO. 3651 -3- I- o 0 ~ APRIL 20, . EXISTIN4 LOCAL COASTA PROGRA PROPOSI LOCAL COASTA PROGRP I ? 4 City of Carts~ ENCINAS CREEK-MORGAN LCPA 931 0 0 1 2 3 4 5 6 PLANNING COMMISSION RESOLUTION NO. 3652 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, DENYING A ZONE CHANGE FROM P-M-Q TO C-2-Q AND OPEN SPACE ON PROPERTY GENERALLY LOCATED ON THE SOUTH SIDE OF PALOMAR AIRPORT ROAD EAST OF ITS INTERSECTION WITH COLLEGE BOULEVARD/FUTURE ALGA ROAD. CASE NAME: ENCINAS CREEK - MORGAN CASE NO: ZC 93-03 7 WHEREAS, a verified application for certain property, to wit: 8 has been filed with the City of Carlsbad, and referred to the Planning Commis 9 A Portion of Lot G Rancho Agua Hedionda Map No. 823, lo I1 WHEREAS, said application constitutes a request as provided by 11 12 the Carlsbad Municipal Code; and 13 WHEREAS, the Planning Commission did on the 20th day of April, 14 WHEREAS, at said public hearing, upon hearing and considering all 15 a duly noticed public hearing as prescribed by law to consider said request; ar 16 and arguments, if any, of all persons desiring to be heard, said Commission cor I' 11 factors relating to the Zone Change; and 18 /I 19 ll NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning C 2o (I as follows: 21 A) That the foregoing recitations are true and correct. 22 B) That based on the evidence presented at the public hearing, the C DENIES ZC 93-03, according tb Exhibit ZC 93-03, dated April 23 attached hereto and based on the following findings: 24 11 Findinm: 25 ' proposed Zone Change which would implement the General Plan her 26 1. The findings for GPA 93-03 are incorporated by reference as they also a 27 I/ '*** 28 0 0 2. The proposed zone change results in spot zoning as without the adjacen north, east, and west. In addition it is not located at the intersection of t~ 1 streets. 2 to the west it is bordered by property designated as Planned Industrial (P. 3 4 PASSED, APPROVED, AND ADOPTED at a regular meeting of thc 5 following vote, to wit: 6 Commission of the City of Carlsbad, California, held on the 20th day of April, 1s 'I 8 AYES: Chairperson Savary, Commissioners; Schlehube Welshons, Erwin & Hall. 9 NOES: None. 10 I ABSENT: Commissioner Betz. 11 12 13 14 15 ~ ABSTAIN: None. .q 16 ATTEST: 17 18 19 - v I MICHAEL J. HOLZMILLER 20 Planning Director I1 21 22 23 24 25 26 27 PC RES0 NO. 3652 ? -2- 28 I- o APRIL 20,199 RDM.0 - ’*.. R-l” R-1 .4. & EXl! ZC PRO zc I 4 City of Cad t I I ENCINAS CREEK-MORGAN I zc 03- z I 0 APPL TION COMPLETE DA @ NOVEMBER 1. 1993 STAFF PLANNER: DON NEU STAFF REPORT DATE: APFUL 20, 1994 (3 TO: PLANNING COMMISSION FROM: PLANNING DEPARTMENT SUBJECT: GPA 93-03fiCPA 93-03/ZC 93-03 - ENCINAS CREEK - MORGAN request for approval of a Negative Declaration, a General Plan and LI Coastal Program Amendment from Planned Industrial (PI) on 12.19 acre Community Commercial (C) on 10.36 acres and Open Space (OS) on I acres, and a Zone Change from Planned Industrial, Qualified Developn Overlay Zone (P-M-Q) on 12.1 9 acres to General Commercial, Quali Development Overlay Zone (C-2-Q) on 10.36 acres and Open Space (OS: 1.83 acres located on the south side of Palomar Airport Road east 0: intersection with College Boulevard/future Alga Road in the Coastal 2 and Local Facilities Management Zone 5. 1. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No, 3 APPROVING the Negative Declaration issued by the Planning Director, and AM Planning Commission Resolution No.'s 3650, 3651, and 3652 DENYING GPA 93-03, LC 93-03, and ZC 93-03 based on the findings and subject to the conditions contained ther XI. PROJECT DESCRIPTION AND BACKGROUND The applicant MorgadPalomar Industrial I is requesting approval of a Nega Declaration, a General Plan and Local Coastal Program Amendment and a Zone Changc a 12.19 acre parcel located 03 the south side of Palomar Airport Road east of intersection with College Boulevard/future Alga Road. No development plan applica is proposed at this time. The proposal is to amend the General Plan Land Use Map and Land Use Map of the MeEo I1 Segment of the local Coastal Frogram from Plan Industrial (PI) on the entire 12.19 acres to Commurity Commercial (C) on 10.36 acres Open Space (OS) on 1.83 acres. The southern portion of the property is proposed tc containing mixed chaparral. The stee2 slopes are immediately adjacent to the Enc Creek channel where it crosses the property from east to west. Because the prop owners along this segment of the Erxinas Creek are still exploring options as to carrying capacity requirements of the creek for drainage and the biological implicatior placed in an open space land use designation, That area consists of slopes over 40 per( .. @ GPA 93-03/LCPA 93-03 9 C 93-03 - ENCINAS CREEK 0 MORGAN APRIL 20, 1994 PAGE 2 improving the channel in its present location versus realigning the creek it is not propc to be designated as open space as part of this application. A Zone Change is also propos’ed to provide for implementation of the General Plan Local Coastal Program Amendments and to retain consistency between the General I and Zoning. The proposed Zone Change is from Planned Industrial, Qualified Developn Overlay Zone (P-M-Q) on 12.19 acres to General Commercial, Qualified Developn Overlay Zone (C-2-Q) on 10.36 acres and Open Space (OS) on 1.83 acres. Surrounding land uses consist of undeveloped industrial property to the north, undevelc property to the south, a portion of which is designated as open space, with the remair designated as residential, and undeveloped industrial property to the east and west. A Constraints Analysis has been prepared for the property and is an attachment to report. The property is relatively level with the exception of the southern area of the which contains slopes over 40 percent. The area of the property outside of the steep slc has been previously graded as part of agricultural operations. The existing Encinas C channel was aligned and graded approximately 20 years ago. According to the prop suitable for farming operations. Soils are generally considered inadequate as they are I prime. The major problem is that the ground is low-lying and bounded on the soutl higher elevation property. Compared to other properties which are higher and have be sun. exposure, the subject site is very cold for most of the growing season. The prop has been designated for urban land use (Planned Industrial) since 1982. The develop area of the site outside of the creek lies fallow. Public street and drainage improvem exist on the property’s frontage along Palomar Airport Road. The applicant has prepared a Conceptual Development Plan (attached to the staff reF for the property to illustrate how a commercial land use could be situated on the site Market Feasibility Study was prepared based on the building square footage noted 01; Conceptual .Development Plan. The market study concludes that there will be a den for additional commercial space in the future particularly as the residential areas to south of the site build out. The study however is based on a number of variables SUC an assumed dollar value for sales per square footage for a range of commercial uses. B, on the type of commercial use, the study indicates that there could be a shortag commercial space to a future oversupply. owner it has been over 15 years since the sire has been farmed as it is nor considl 111. ANALYSIS The following section of this report identifies the major planning and engineering is associated with each application and provides an analysis of each issue. GPA 93-03/LCPA 93-0 R C 93-03 - ENCINAS CREEK e MORGAN APRIL 20, 1994 PAGE 3 GENERAL PLAN AMENDMENT - GPA 93-03 Planning - and Engineering Issues 1. Is the proposed land use designation appropriate for the site and consistent 7 the goals and policies of the General Plan? 2. IS the proposed land use consistent and compatible with surrounding land USE 3. Would the proposed land use designation establish a situation whereb commercial development on the property would not be in compliance with Engineering Standards and Policies? DISCUSSION The existing General Plan designation of Planned Industrial (PI) would allow indus development including manufacturing, warehousing, storage, research and developm and utility use. The proposed Community Commercial (C) designation identifies land commercial centers which provide a wide range of facilities for retail trade, convenic goods, services and professional office uses. The intersection of arterial streets common location for these establishments. The proposed land use designation is not appropriate for the site and is inconsistent T the goals and policies of the General Plan. The proposed designation is inappropriat the site's access possibilities are too limiting for a commercial use of the site. The site a public street frontage only on a prime arterial street, Palomar Airport Road, anc access to this property from Palomar Airport Road would not meet intersection spa( requirements for a prime arterial roadway. It will therefore be necessary for access to site to be obtained through the adjacent parcels to the west, Frazee and Kelly as depic on the Conceprual Development Plan, to reach future Alga Road a Major Arterial. Engineering Department will require that any project approvals on these adjacent par be required to furnish an opportunity for access to this site. At this time a private act agreement has not been submitted demonstrating that offsite access has been obtai through the Frazee and Kelly parcels. This is necessary for the site to have access from f Road which complies with the policies of the General Plan and the City's Enginee: Standards. Several policies contained in the General Plan support denial of the proposed land change from planned industrial to community commercial. The specific policies arc follows: 1) Policy "C" of the Land Use Element is to "Discourage strip commercial developme Staff is concerned that properties along Palomar Airport Road redesignatec 0 e GPA 93-03/LCPA 93-03/ZC 93-03 - ENCINAS CREEK MORGAN APRIL 20, 1994 PAGE 4 . commercial could result in the creation of strip commercial development along important roadway. Staff believes that the western right-of-way line of 1 Road/College Boulevard should be the dividing line for commercial developn when considered in conjunction with the access problems to the properties to east of this future roadway. 2) Land Use Element Policy "B" is to "Arrange land uses so that they pres1 community identity and are orderly, functionally efficient, healthful, convenier the public and aesthetically pleasing". As stated previously, in staffs judgen access to the site is too limited and would not be functionally efficient fc commercial land use requiring direct easy identifiable access by motorists to a m roadway. 3) Land Use Element Policy "D" states, "Locate major commercial and industrial cer in areas which are easily accessible to maior transportation facilities". Again location of the site with its limited and somewhat circuitous access in orde comply with city policies and standards prevents the property from being e: accessible to major transportation facilities to the degree required for a cornel use. 4) Circulation Element Policy D.1.2 stipulates that "The number of access point freeways and prime arterials should be minimized to enhance the function of tl routes as throughways". This policy addresses the main function of a prime artc which is to carry large volumes of traffic within and through the City. Limitat on the location and number of intersecting roadways and driveways allow PI arterials to achieve this intended function of their design. It also maintains a hi! degree of traffic safety. This policy provides further justification for the prohibi of direct access from the property to Palomar Airport Road. 5) Circulation Element Policy D.2 reads as follows: 'I Prime Arterials: Driveway ac is prohibited on prime arterials". Palomar Airport Road is a prime arte Therefore the property must gain access through the Kelly and Frazee propertif future Alga Road which is not a desirable situation for a commercial use. Als~ doing so the traffic generated for a commercial proposal will not meet the cul-de standard for the maximum number of average daily vehicle trips. The proposed land use is not consistent and compatible with surrounding land uses. proposal will result in an isolated commercial designation which is not located at intersection of arterial streets. Staff believes any commercial developmer-.t in this should be limited to properties west of future Alga Road. Further discussion concen this request being spot zoned is contained in the section of this report addressing the i change. 0 0 GPA 93-03/LCPA 93-03/ZC 93-03 - ENCINAS CREEK MORGAN APRIL 20,1994 PAGE 5 A Traffic Study was prepared for the proposed land use change by WPA Tr; Engineering, Inc. and is dated June 14, 1993. The study shows that. a come1 development on this property will generate 8,600 daily trips as compared to the 1, daily trips generated by a planned industrial project of the same size. This is a differ€ of 7,500 daily trips. The traffic generation for the Morgan commercial proposal will meet the single entrance cul-de-sac development standard. As per the discussion of ac Kelly parcels. Approval of the proposed land use change will create a situation whe proposed commercial development on the property could not comply with the Enginee Department's cul-de-sac policy. on Palomar Airport Road, the site is limited to one access point through the Frazee LOCAL COASTAL PROGRAM AMENDMENT- LCPA 93-03 Planning Issues 1. Is the proposed land use designation consistent with applicable policies of the N TI Local Coastal Program? DISCUSSION The proposed land .use designation is consistent with applicable policies of the Mel: Segment of the Local Coastal Program. Policies regarding slopes and preservatiol environmentally sensitive vegetation are being complied with as they are being design as open space and will not be disturbed. The riparian vegetation along Encinas Cret not proposed to be designated as open space at this time because the property ow along this segment of the creek have not determined the final solution for addressing corridor. Actual development of the site is subject to further environmental review. that time enhancement of the existing channel vegetation or relocation of the creek be decided. This will be based on input from the Coastal Commission and the Califo Department of Fish and Game. Drainage and runoff control measures would be required of a specific development pro This will include the removal of urban pollutants from drainage waters before they allowed to exit the site. In summary, the proposed amendment complies with all applic policies of the Mello I1 Segment of the Local Coastal Program. However, because st: recommending denial of the general plan amendment and zone change there is no nee amend the Local Coastal Program as it would cause the plans to be inconsistent. W 0 GPA 93-03/LCPA 93-03/ZC 93-03 - ENCINAS CREEK ~ MORGAN APRIL 20, 1994 PAGE 6 ZONE CHANGE - ZC 93-03 Planning Issues 1. Is the proposed Zone Change consistent with the Land Use Element of the Gen Plan and the sites proposed land use designation? DISCUSSION The requested zone change is proposed to achieve consistency with the Cornmu Commercial (C) and Open Space (OS) land use designations. The proposed C-2-Q 2 implements the C General Plan designation and the 0-S zone implements the OS Ger Plan designation. As detailed in the section of this staff report addressing the General : Amendment the proposal is in conflict with a number of general plan policies. Therei the corresponding implementing zone for the General Plan designations is also inconsis with general plan policies. The proposed zone change results in spot zoning as without the adjacent property tc west it is bordered by property designated as Planned Industrial (P-M) on the north, ( and west. In addition it is not located at the intersection of two arterial streets. GROWTH MANAGEMENT Planning Issues 1. Is the proposal in conformance with the Local Facilities Management Plan for i 5? DISCUSSION The proposed site is located in Local Facilities Management Zone 5 in the south? quadrant. Because the proposal is for a General Plan Amendment and Zone Cha administrative revisions to the Zone 5 plan would need to be made to keep the plan I: date should an approval be granted. The impacts on public facilities created by the prc and compliance with the adopted performance standards are summarized below: Circulation Included in the Environmental Impact Assessment Form Part I1 is a summary of the iml of the increase in average daily trips (ADT) of approximately 7,500 ADT attributed to proposed land use change. The traffic analysis indicated that all intersections are expec to operate acceptably complying with the growth management performance standard circulation. All road segments are also expected to operate acceptably given improvements to the PalomarII-5 Interchange and the Palomar Airport Road Improvemc east of El Camino Real. However the addition of other area projects may create the n for improvements ' at the intersection of Palomar Airport Road and Paseo Del Nc Additional Traffic Analysis would be necessary at the project specific level should proposed land use changes be approved. It should also be reiterated that a come1 land use on the subject property violates the city permitted traffic generation for a cul sac as covered previously in this report. nr. ENVIRONMENTAL REvlEW The Planning Director has determined that the project will not have a significant effec the environment and, therefore has issued a Negative Declaration on December 2, 15 This decision was based on the findings of the Environmental Impact Assessment, tr; W GPA 93-03/LCPA 03-03/ZC 93-03 - ENCINAS CREEK e w MORGAN APRIL 20, 1994 U PAGE 8 report, and a field survey by staff. The developable area of the site has been previol disturbed. The Negative Declaration was sent to the State Clearinghouse and a notice. published in the newspaper. No comments have been received to date. Development pl for the property would be subject to further environmental review. Airport Land Use Plan The proposal was sent to the staff of the San Diego Association of Governments (SAND, as they serve as staff to the County Airport land Use Commission. SANDAG staff in a le dated August 16, 1993, found the project to be consistent with the adopted McClel PaPomar Airport Comprehensive Land Use Plan. Congestion Management Plan The proposal was also distributed to appropriate State, County, and adjacent 1 departments for review relative to the Congestion Management Plan Early Prc Coordination process. No comments were received from any agencies. V. SUMMARY In summary the property has very limited access possibilities for a commercial use of site. Redesignation of the property to commercial conflicts with several policies in Land Use and Circulation Elements of the General Plan. In addition, a commercial us< the property will violate the Engineering Department's single entrance cul-de development standard. Should the Planning Commission deny the applications the action is final unless applicant files an appeal. Zoning Ordinance Section 21.52.080 states the following: The action of the planning commission in denying an application for amendn shall be final and conclusive unless, within ten calendar days following the dat decision by the Planning Commission, an appeal in writing is filed with the 1 Council by the applicant. Fees for filing an appeal under this section shal: established by resolution of the City Council. Section 21.52.160 of the Zoning Ordinance makes it clear that the above referenced c section also applies to General Plan Amendments. Section 21.52.160 reads as follow Amendments to the general plan or to any of the elements thereof shall processed in accord with this chapter. All provisions of this chapter applicabl the amendment of Title 21 shall also apply to general plan amendments with exception of the time requirement for planning commission and City Cox w GPA 93-O3/LCPA 93-03/ZC 93-03 - ENCINAS CREEK . MORGAN APRIL 20, 1994 . PAGE 9 hearings. Planning Commission and City Council hearings on general F amendments shall be held at such times as the City Council shall by mol establish. Staff recommends denial of the proposed land use changes. ATTACHMENTS 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. Planning Commission Resolution No. 3649 Planning Commission Resolution No. 3650 Planning Commission Resolution No. 3651 Planning Commission Resolution No. 3652 Location Map Background Data Sheet Local Facilities Impact Assessment Form Disclosure Form Constraints Analysis Conceptual Development Plan DN:vd March 15, 1994 STATE OF CALIFORNIA 0 e PETE W - I) GOVERNOR'S OFFICE OF PLANNING AND RESEARCH 1400 TENTH STREET * SAGRAMENTO, CA 95814 - December 30, 1993 z < .,- .;:3 67 DON NEU CITY OF CARLSBAD PLANNING DEPARTMENT 2075 LAS PALMAS DRIVE CARLSBAD, CA 92009 Subject: ENCINAS CREEK - MORGAN - GPA 93-03/LCPA 93-03'1ZC 9: SCH #: 93111081. Dear DON NEU: The State Clearinghouse submitted the above named environmer document to selected state agencies for review. The review is closed and none of the state agencies have comments. Th: letter acknowledges that you have complied with the State Clearinghouse review requirements for draft environmental documents, pursuant to the California Environmental Quality Please call Mark Goss at (916) 445-0613 if you have any que: regarding the environmental review process. When contactinc Clearinghouse in this matter, please use the eight-digit Sti Clearinghouse number so that we may respond promptly. Sincerely ,-.,-., r' __ /' ,q 'i . i! I;' ::j: .. .. I 1 n 1' !I ~ .. I. i .!\/ \ /kL,j~~..., -,) i'.. ' v; .. .. , .I . \j MAhael Chiriakti, J?. .. . Chief, State Clearinghouse 1 Mail to: State Clearinghouse, 1400 Ten reet, Rm. 121, Sacramento, CA 95814 - 916 ~~~~ ~~ ~ ."~"_~~" r See NOTE Below: Prbject Title: Encinas Creek - Morqan - GPA 93-03/LCPA 93-03/ZC 93-03 Lead Agency: City of Carlsbad Planninq Department Contact Person: Don Neu Street Address: 2075 Las Palmas Drive Phone: (619) 438-1161, ext. 4446 City: Carlsbad Zip: 92009 County: San Diego PROJECT LOCATIOII: County: San Diego City/Nearest Comnunity: Carlsbad Cross Streets: Palornar Airport Road & Colleqe Boulevard Total Acres: 12.19 Assessorls Parcel No. 212-040-25 Section: Tup. Range: I Within 2 Miles: State Hwy #: Interstate 5 Waterways: Pacific Ocean & Agua Hedionda Lagoon ......................................................... Airports: McClellan/Palomar Railways: AT&SF Schoo ......................................................... DOCWENT TYPE CEPA: - NOP - Supplement/Subsequent NEPA: - NO I OTHER: - - Early Cons - EIR (Prior SCH No.) EA - FONSI Joint Doc - - Draft EIS - Other - X Neg Dec - Other - - Final Doc Draft EIR """"____""""""""""""""""""""""""""""""""""""""""""""""""""" - LOCAL ACTION TYPE - General Plan Update - Specific Plan X Rezone X General Plan Amendment Annexa 1 General Plan Element Comnunity Plan Coastal - - Site Plan Land Division (Subdivision, 2 Other - Parcel Map, Tract Map, etc.) Progr - Master Plan - Prezone - - - Redevel - - Planned Unit Development - Use Permit - - - ""__""__""""""""""""""""""""""""""""""""""""""""""""""""""" DEVELWEYT TYPE - Residential: Units Acres Office: - Water Facilities: Type Sq. Ft. Acres Employees Transportation: Type Comnercial: Sq. Ft. Acres Employees Industrial: Sq. Ft. Acres Emp 1 oyees Power: Educational - - - Mining: Mineral - Type ___ - - - Waste Treatment: Type Hazardous Waste: Type - - Recreational - - - Other: ......................................................... PROJECT ISSUES DISCUSSED IN DOCUMENT - Aesthetic/Visual - Flood Plain/Flooding - Schools/Universities Agricultural Land Water G - - Forest Land/Fire Hazard - Septic Systems - Air Quality X Geologic/Seismic - Sewer Capacity Ground - Water 5 X Archaeological/Historical - Minerals Soil Erosion/Compaction/Grading X Wetlarx X Coastal Zone Drainage/Absorption Economic/Jobs - Growth - X Public Services/Facilities X Traffic/Circulation X Landusa Other - - - X Noise Solid Waste - Uildlil - - Population/Housing Balance - Toxic/Hazardous - Fiscal - Recreation/Parks - X Vegetation Curnula1 - - - """""_""""""""""""""""""""""""""""""""""""""""""""""""""". - Present Land Use/Zoning/General Plan Use Vacant/Planned Industrial, Qualified Development Overlay Zone (P-M-P)/PLanned Indt Project Description """"""""""""""""""""""""""""""""""""""""""""""""""""""""~. A General Plan and Local Coastal Plan Amendment from PI on 12.19 acres to Cownity on 10.36 acres and Open Space (OS) on 1.83 acres. Also proposed is a Zone Chan! Industrial, Qualified Development Overlay Zone (P-M-Q) on 12.19 acres to Gene1 Qualified Development Overlay Zone (C-2-Q) on 10.36 acres and Open Space (OS) on ' NOTE: Clearinghouse will assign identification numbers for all new projects. If a SCH number already exists for from a Notice of Preparation or previous draft document) please fill it in. Revi s DN : vd I- * 0 APRll20,1994 EXI! 20 I' PROF 20 4 City of Cads 1 ENCINAS CREEK-MORGAN zc 934 - - APRIL 20, 1E 4 City of CA~I~ ENCJNAS CREEK-MORGAN GPA 93=03/LCR ZC 93-0 0 Dnuxunuulvu YALA ancc 1 0 CASE NO: GPA 93-03/LCPA 93-03/ZC 93-03 CASE NAME: Encinas Creek - Mornan APPLICANT: MorRan/Palomar Industrial I REQUEST AND LOCATION: GPA and LCPA from PI on 12.19 acres to C on 10.36 and OS on 1.83 acres. Also proposed is a Zone Channe from P-M-Q on 12.19 acres to Q on 10.36 acres and OS on 1.83 acres. LEGAL DESCRIPTION: Portion of Lot G, Rancho Azua Hedionda, Map No. 823. APN: 212-040-25 Acres 12.19 Proposed No. of Lots/Units N/A (Assessor's Parcel Number) Land Use Designation PI GENERAL PLAN AND ZONING Density Allowed N/A Density Proposed N/A Existing Zone P-M-Q Proposed Zone C-2-0 Surrounding Zoning and Land Use: (See attached for information on Carlsbad's Z( Requirements) Zoning Land Use Site P-M-Q Vacant North P-M Vacant South L-C, OS Vacant East P-M-Q Vacant West P-M-Q Vacant PUBLIC FACILITIES School District Carlsbad Water District Carlsbad Sewer District Car Equivalent Dwelling Units (Sewer Capacity) 68 Public Facilities Fee Agreement, dated June 30, 1993 ENVIRONMENTAL IMPACT ASSESSMENT X Negative Declaration, issued December 2, 1993 - Certified Environmental Impact Report, dated Other, DN:vd CITY OF CARLSBAD 0 GROWTH MANAGEMENT PROGRAM LOCAL FACILITIES IMPACTS ASSESSMENT FORM (To be Submitted with Development Application) PROJECT IDENTITY AND IMPACT ASSESSMENT: FILE NAME AND NO.: GPA 93-03/LCPA 93-03/ZC 93-03 - Encinas Creek - Morgan LOCAL FACILITY MANAGEMENT ZONE: 5 GENERAL PLAN: PI ZONING: DEVELOPER'S NAME: Mornan/Palomar Industrial I - Paul Yrisarri ADDRESS: 800 West First Street, Los Angeles, CA 90012 PHONE NO.: (213) 622-1234 ASSESSOR'S PARCEL NO.: 212-0, QUANTITY OF LAND USE/DEVELOPMENT (AC., SQ. FT., DU): 12.19 acres ESTIMATED COMPLETION DATE; 1 A. City Administrative Facilities: Demand in Square Footage = N/A B. Library: Demand in Square Footage = N/A C. Wastewater Treatment Capacity (Calculate with J. Sewer) 14,960 D. Park: Demand in Acreage = $.40 sq fl E. Drainage: Demand in CFS = N/A Identify Drainage Basin = N/A (Identify master plan facilities on site plan) F. Circulation: Demand in ADTs = 8,600 G. Fire: Served by Fire Station No. = #4 H. Open Space: Acreage Provided - N/A I. Schools: N/A J. Sewer: Demand in EDUs - 68 (Identify Trip Distribution on site plan) (Demands to be determined by staff) Identify Sub Basin - "3.- (Identify trunk line(s) impacted on site plan) K. Water: Demand in GPD - 14,960 DISCLGSURE ST.4TEMENT ~ ~~- ~~ ~~ ~~ I '7SCC;.47'S S-2-EVE'x- ZF Z'SCLZSLRE .ZF 2ETA:N CWPJEPSHIP ,WE,=ESTS CN hL 4P5L.CPT:CNS &~IC+ &ILL : S;;F CkA,;iY ACT'Ch Zh '.-E JAn CF 'hE C.? CCLNC:L CR ANY APPCIMED BCARO CCMMlSSiCN ;R ',;MM~E ,J ease ?r *-!) The fcllowng Information must be disclosed: I. Aoolicant ilst the names and addresses of all persons having a financial interest in the application. Yor Pan/ Pa;lMlarlndustr;lal T 800 W. 1st St. Plaza Level Los Angeles, CA 90012 2. Owner List the names and addresses of all persons having any ownership interest in the property in Morgan/Palomar Industrial I 800 W. 1st St. Plaza Level Los Angeles, CA 90012 3. if any person identified pursuant to (1) or (2) above is a corporation or partnership, list addresses of all individuals owning more than 10% of the shares in the corporation or owning interest in the partnership. Partner L Plaza Level Los Angeles, CA 90012 4. If any person id- punuult to (1) or (2) abovo is a non-profit organization or a trust, lis addresses of.any person serving as officer or director of the non-profit organization or as trusl of the trust. FRM00013 8/90 2075 Las Palmas Orivo * Carlsbad, Calitornia 92009-4859 (619) 438 e Oisc~osure Statement - e. Pave you had "rcre :Pan S250 woRh of business transacted wth any mernoer of City Ccmmlssions, Ccmr:;cees and Councll within the past rffelve months? Yes - No a if yes. please indicate person(s) i I I as$on :e aofinod u: 'Any mdwduai. firm, cooaRnorsn10. iomt vonturo. u~oclat~on. s0c1.l club. fratornrl organlzaoon. corporation 4 '~co~vo~. syna~cato. th~a ana any 0th~ couny. cq and cobny. cq rnun~clparq. d~rtrtct or otnu WIRIC~I SUMIVISIO~. ar any sm cmmnatlon rctmg rs a unt' - (NOTE: Attach additional pages as necessary.) Signature of Owner/date Morgan/Palomar Industrial I, Gene R. Morgan, President, Gene R. Morgan, President, M-~~ General Partner Mornan CaDital Funding. General P Print or type name of owner Print ot typa name d appiicant - FRM00013 8/90 i i -1 I la 1, K z 1: Q ' 'P U - U i: iiz Ea I WI J U I- W z z Y/ 1 I " ---""""" v) W z E F p . 4 I 'I 0 0 1 'I 1 .a 1: ii .l ' 'a n U - I n I' : 1: I I I I 1; LT LT 2 a q ? B 25 2 3 0 t HE 12 s! w 8 a 8 XI 0 v) 0 .- Z a n I I- Z W 2 Lz 9 2 - 14" w cew -Z > &?j I zs a OCE 3 Zi % I- 00 n $3 g 23 W 42 z a* 0 s2 0 2: 0 8% g v e 0 0 PLANNING COMMISSION April 20, 1994 PAGE 10 onded, to adopt Plannir xpansion of the existinc Road and north of Ca acilities Management lehuber and Welshon VOTE: 6-0 NOESq None ABSTAIN: None 5. GPA 93-03lLCPA 93-03/ZC 93-03 - ENCINAS CREEK - MORGAN - A request for appro Negative Declaration, a General Plan and Local Coastal Plan Amendment from Planned Ina (PI) on 12.1 9 acres to Community Commercial (C) on 10.36 acres and Open Space (OS) on acres, and a Zone Change from Planned Industrial, Qualified Development Overlay Zone (P on 12.1 9 acres to General Commercial, Qualified Development Overlay Zone (C-2-Q) on 1 ( acres and Open Space (OS) on 1.83 acres, located on the south side of Palomar Airport Roi of its intersection with College Boulevard/future Alga Road, in the Coastal Zone and Local F Management Zone 5. Don Neu, Senior Planner, reviewed the background of the request and stated that the applicant is requesting approval of a Negative Declaration and a change in land use designations on property along the south side of Palomar Airport Road east of the intersection with College Boulevard. The southern portion of the site contains slopes over 4Ooh and mixed chaparral. This is the area propo designated as open space by the applicant. In addition, Encinas Creek runs through this area of tl property yet is not proposed to be designated as open space at this time, The property owners alo segment of the creek are still considering options as to whether the creek should be realigned, whc has enough capacity for drainage as it presently exists, whether it might be more beneficial to rev6 the creek in its present location, versus a new location. Within this particular area, the surroundin( uses consist of undeveloped industrial property to the north, east, and west, and residential and op space to the south. This particular property has been designated as planned industrial since 1982 does have public street and drainage improvements along its frontage on Palomar Airport Road. Mr. Neu reviewed on the overhead the conceptual development plan which the applicant prepared. illustrates how a commercial development could be situated on the site. In addition, a market stud done based on the proposed square footages. Staff has reviewed the requested changes and has determined that the proposed land use is not appropriate for the site and is inconsistent with the goals and policies of the General Plan. Staff al that the site's access is too limiting for commercial use. The site only has public street frontage on arterial street and the City's engineering standards and General Plan policies would prohibit a driv access to a prime arterial. Therefore, access to this site will need to be obtained through an adjacl parcel to the west, presently owned by Frazee and Kelly to reach the future Alga Road, a major arl Elements of the General Plan. In addition, a commercial use on the property will violate the Engin1 Department's single entrance cul-de-sac development standard. Staff recommends approval of tt Negative Declaration but denial of the land use designations. Mr. Neu noted that the resolution provided in the packets needed corrections, as Finding #3 appea He also requested that Finding #3 on page 1 of Resolution No. 3649 be corrected to read, "Circula element roads are adequate in size to handle traffic generated by the proposed project." He reque Finding #3 on page 2 of Resolution No. 3649 be stricken. Commissioner Welshons inquired at what point the cul-de-sac would fail. Bob Wojcik, Principal ( Engineer, replied that the cutoff in the policy for an industrial street would be 3,000 ADT. This exc Redesignation of the property to commercial conflicts with several policies in the Land Use and Cil - MiNU 0 0 PLANNING COMMISSlQh April 20, 1994 PAGE 11 Policy by 5,600 ADT. If the street were built to commercial standards, the maximum 3,000 ADT st applies. commissioner Erwin inquired if their access would be off College, through the other properties. N replied that this is correct. Chairman Savary opened the public testimony and invited the applicant to speak. Paul Yrisarri, representing the applicant, addressed the Commission and stated that when the curl General Plan was adopted, the area of this site was open fields with little or no development. Tim4 changed and will continue to change. Palomar Airport Road is now a major transportation corrido Commercial use at this site will support planned as well as future residential development in the re His client's annual real estate tax bill has escalated from approximately $23,000 per year to more t without some ability to develop the land. Since the site has historical access, and is in the direct p commercial development, the owner feels they should have the right to develop the property in Orc the extremely high property taxes he is being assessed. He urged the Commission to vote in favoi zone change request. Mr. Yrisarri read from a prepared statement which is on file in the Planning Department. Commissioner Erwin inquired if the tax increase was for Mello Roos. Mr. lrisari replied that it was Roos and the Palomar Airport Road expansion. Commissioner Hall inquired how long the applicant has owned the property. Mr. lrisari replied sinc There being no persons desiring to address the Commission on this topic, Chairman Savary decla public testimony closed and opened the item for discussion among the Commission members. Bob Wojcik, Principal Civil Engineer, stated that he wished to clarify one issue. It is the Palomar P Road Assessment District No. 86-1 which has the assessment on the property. It is not the Mello District. $75,000. The owners are being taxed out of their property and will not be able to continue paying Commissioner Schlehuber stated that he is opposed to strip and/or spot zoning because he doesn Palomar Airport Road to resemble Encinitas. Staff is correct that you cannot have multiple access Palomar Airport Road. The legal issue is whether the City can close legal access. He can supporl recommendation because he doesn't want multiple accesses off Palomar Airport Road. Commissioner Hall sympathizes with the applicant. However, before Palomar Airport Road is ope1 commercial development, he thinks a study needs to be made. It should include the full transport: corridor from 1-5 to San Marcos. ACTION: Motion was made by Commissioner Schlehuber, and duly seconded, to adopt F Commission Resolution No. 3649 approving the Negative Declaration issued by Planning Director, and adopt Planning Commission Resolution Nos. 3650, 365' 3652 denying GPA 93-03, LCPA 93-03, and ZC 93-03, based on the findings subject to the conditions contained therein, with the corrections to Finding #3, Resolution No. 3649, as requested by Mr. Neu. VOTE: 6-0 AYES; Chairman Savary, Commissioners Erwin, Hall, Noble, Schlehuber and Welshon NOES: None ABSTAIN: None Commissioner Erwin inquired if this decision can be appealed. Chairman Savary advised the appl that the decision of the Planning Commission could be appealed within 10 calendar days. - MlNU t "1200 SLM AVENUE 0 .@ MHLSBAD, CALIFORNIA 92008 'I ELEP (019) 13 ' Ojfice of fhn Clry Clerk (g+L td- 412 + QitB Ulf (Ittu&3ltrrS 4@"ld k2. - AI'PEAL Fa ' I (we) appeal the Foflowlng decision of! tllQ , pjQhn&, ccpI)1~~=,~ t- 1- c Nc?&J 2.0, . rqqq to the City Cout L?A q3hs /LC'PA %3-0-3&.p33-03 - &cI;ap ppee 1 I'roject Name and Number (or subject of appeal)! "8 I Date. of Decision: +Li \ 20, I PT4 Reason for Appeal : .~-~"~~...~.~~.~.-~~~ WcZ\ TCQe R, Q-d.".- *b /7. at 5. t w 1 brh+ J - .. -...- I" -- .,... A .y>r;, 1. ZS, yPJl.J F. L/-A. 4 Date ' Siytmture "7" CtN \ c, Yrls'a.rY; .. .. Name (Please Print) - . . -.d -"*E- 09 .... u&-.,.FG"Xi~-.~RLc& L Address "* . I L.as Q,,,le t, P Q . 960 I2 ,- (213 1 . 0 22 '. 1-2_5_4 TCI cpkonc mirntber \ 4- e @!!!d-$ AiqflGd$ 8"- lune 13,1994 NOTES FOR HEARING PALOMAR HEARING DATE 6/14/94 The subject property is located at the South east corner of Laurel Tree Road and Pal01 Airport Road. The owners request a zone change from Industrial to Commercial based upon the Ma: study prepared by Planning Systems which indicates a present add future need commercial property at this location. The area around and near this site is a burgeoning commercial ,area as demonstratec great success of the Price Club and the development of the Carlsbad Ranch with its plar Go14 Courses, Hotels, Specialty Retail, Commurlity Retail, Gemological htihte, an course the Leg0 Theme Park. The Staff report recommends Denial of 'rhis zone change because according to staff: 1. Proposed land use is not appropriate for the site and is inconsistent wifh the g and policies of the General Plan, 2 The site's access is too limiting for a commercial use of the sitc,. The site h public street frontage on a prime arterial, Palomar Airport Road, to which access will meet intersection spacing requirements. NO ACCESS from Palomar Airport Road 3. Polices-in the General Plan support De nial... a. Discourage strip commercial. b, Arrange uses so that they are orderly, functionally efficien L.. ... the site with its limited and somewhat circuitous access... ,.A judgement is the sites access is too limited. c. The Policy of easy access to mafir transportation facilities. City F standards prevent the property from being accessed by I transportation facilities, d. Circulation element D.2 "prime Arterids: driveway am! prohibited on prime arterial. 4. The proposed use is not compatible with surround land uses. The applicant respectfully disagrees with the staff report: The City is undergoing revisions to its General Plan at this time. And this is cml~ should be. (Show overhead Droiection of map "Palomar Airobrt Road -Planned or I3 e a i * Developments 1988) When the current general plan was adopted, the area of tim site R open fields with little or no developmint, @ow overheadDr&ction of map “palou Airaort - Road -Planned or Existing DeveloDments 1994) Times have changed and VI continue to change. Palomar Airport Road which was a sleepy country road has be upgraded to a major highway albeit and expensive highway, to carry not only present traf de~wmd but hlurc Lr&c dcwaud. Tfic Pdumar Airport Road interchange has be upgraded to facilitate this increased present and future use. The successful opening of t Price Club has demonstrated the necessity and convenience of major retail in the area, T C!!rlahad Ranch concept plan is another taqtament to the viahility nf cnmnercial uses in 1 area, The future of this whole area is commercial enterprise and rightly so. &merc usc at this sitc wiU support planncd aa wcll as future rcsidcntial dcvclopment in the re@ As you can see from the planned or existig developments, the City plans a Public G Course across the street from the subject site. This is definately a commercial use theland and the City will probably have to give itself commercial zoning far it’s golf cow As such, the subject site is not an island of commercial in 3 888 of industriaUy 201: property. Given the present and future development of the area, the applicant suuest t commerciai zoning for this property is a very appropriate use of the property and 1 within controlled growth patterns. The applir;anl ac;krrwwlcdgcs &a1 clrivcway ac;c;eos tu the site frum Paloma Airpart Roac prohibited under the Circulation Element D.2. However, historical access to the site ex from Laurel Tree Road, a tiO’wide access road with right in and right out. Laurel T Road horders the site to the west for a distance nf 709’. Denial nf this ~ICCP,SS hy the ci? to landlock the site. Staff contends that a rezone of this site constitutes strip zoning. while I could not fin definition of “Strip”, the subject site at its greatest depth is over 7U0’ with an average de of about 500’. Acreage of this size typically does not conform to the definition of “W The applicant respectfully disagrees that the proposed use is incompatible with swounc land uses, The future of W area will need to be commercial to serve the residential I is in existence, planned 9 and will be developed in the region, In addition to Commeks included in the Staff repcrt, there are other considerations w( mentioning. Duriug Clre he this ayyticatiou was in pmess, we were advised that staff would recommend a zone change without an end user in sight. The fact of the matter is tha todays market, developers andlor retailers will not pursue a property that is not prop zoned for the intended use, That’s just a fact of life. This is irrespective of market stu or demographics showing the site to have all of the economic attributes to be a sum commercial property. These developers and/or retailers are not willing to spcnd thc t and money necessary for a zone change on an iffy situation. 0 * 4 JXe 'development of Palomar Airport Road is both a blessing and a curse to rhis propen Palmar Airport Road has tremendous carrying capacity, a nwessav ingredient for commercial site. However,tt property's annual real estate tax bill has escalated .fro ahont $23,fim per year to more than $7S,OOO per year. The ownership of this PTOp.1 simply can't aff;ord it. They are being taxed out of their property. This huge increase is f a road the proporty has no right to usc and whosc omcrs had no apportunity to vote up This huge increase is not liice ordinary real estate taxes, if the assessment is delinquent ma than 180 days, the city begins foreclosure proceedings. 'fb is not an idle threat, the C has initiated foreclosure proceedings against this site which was only stopped because t owners managed to scrape enough money to pay six months worth. The same will occ again in LL few months. This huge increase is based upon the "benefits" assessed to the property under Mello Rc and which benefits are assessed under the premise that this property is now a vial commercial site, As such this proposed use of the pmperty is consistent with the plic of the Mello I1 Local Coastal Program. All in all, this site is in &ac3 path of comrner~i;ial clavdopmant. It is a prop1 use of 1 land The site in fact has historical access. Given all the ahwe, the applicmt respectfully request$ apprnval of the xnne chnnge wqw e 0 -. . .. ~- a June 21, 1994 Morgan/Palomar Industrial 800 West First Street Los Angeles, CA 90012 Attention: Paul Yrisarri Re: Denial of an Appeal of a Planning Commission Decision - Encinas Creek - Morgan The Carlsbad City Council, at its meeting of June 14, 1994, adop Resolution No. 94-157 upholding the Planning Commission denial General Plan Amendment 93-3, and Zone Change 93--3 for prope located on the south side of Palomar Airport Road East of intersection with College Boulevard/Future Alga Road, GPA 93 LCPA 93-3/ZC 93-3 - Encinas Creek/Morgan. Enclosed is a copy of Resolution No. 94-157 for your records. KRK: ijp Enclosure ." . ..~ ."_ ~ " """. ...""" 1200 Carlsbad Village Drive - Carlsbad, California 92008-1 989 - (61 9) 434-: e e PROOF OF PUBLlCATION (201 5.5 C.C.P.) I This space is for the County Clerk's fii STATE OF CALIFORNIA County of San Diego I I am a citizen of the United States and a resident of the County aforesaid: f am over the age of eighteen years, and not a party to or interested in the above-entitled matter. I am the principal clerk of the printer of Proof of Pubtication of Wade-Citizen I a newspaper of general circulation, printed and published daily in the City of Oceanside and qualified for the City of Oceanside and the North County Judicial district with substantial circulation in Bonsall, Fatibrook, I teucadia, Encinitas, Cardiff, Vista and Carlsbad, County of San Diego, and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of San Diego, State of California, under the date of June 30.1989, case number 171349; that the notice, of which the annexed is a printed copy (set in type not smaller than nonpareil). has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: June 4, 1994 I certify (or declare) under penalty of perjury that the foregoing is true and correct. - Dated a oceansiq$@fifomia, this ,-day b of Sune , **am **am BLADE-CITIZEN Legal Advertising 1722 South Hili Street P.O. Box 90 Oceanside, CA 92054 (61 9) 433-7333 Notice of Public Hea ~"~""""""~"""**"--"-----~--~ r NOTEE OF PUBUC HEARIN( GPA W/LCPA 8M/i ENCINAS CREEK/M 1 1 NOTlCEISHEREBYGNWthatthe~Counclofthe Wkge Orhe, cartsbad, California. at 6:oO p.m. on TI 1984, to wnsider a request for approval of a Negati and an appeal of the Planning Commission denial of: I Amendment and Local Coastel Plan Amendment for 1 property from Planned Industrial (MI ' to Community C IO. 36 acres, and Open Spaca [OS) on 1.83 acres: a1 Change fur 12.19 acres of property from manned Ind Development Overlay Zone (P-hMJI to General Cornme Devebpment Overlay Zone [G2Q) on' 10.36 acres an [OS) on 1.83 acres. The pmperty is generally located. on the south side of Road east of its intersection 'with College Boulevard/h the coastal Zone, and mope particularly described as: portion of Lot G, Rancho Ague Hedionda; M If yw heve a questions regarding this matter, pleas the Planning~partrnent. at (679) 438- 1161, ext. 4446. If you chalenge the General Plan AmerKlmnt, Local CoaW Plan Amendmnt, and/or Zone Change in , court. yw may be limited to raising only those issues raised by you or someone else at the public hearing described in thii notice, or in written correspondence delivered m the crty of Garlsbad clerk's Office at, or prior to. the , public .hearing. ,, ~ WEUANT: Paul Yriqri CAWAD m COUNUL Legal 39872 June 4, 1994 " will hold 8 pubtic hearing at the City Council chamber I c I 0 0 PROOF OF PUBCICATIQN (201 5.5 C.C.P.) STATE OF CALIFORNIA County of San Diego I am a citizen of the United States and a resident of the County aforesaid: 1 am over the age of eighteen years, and not a party to or interested in the above-entitled matter. i am the principal clerk of the printer of Blade-Citizen I This space is lor the County Clerk's F I Proof of Publication of a newspaper of general circulation, printed and " published daily in the City sf Oceanside and qualified for the City of Oceanside and the North County Judicial district with substantial circutation in Bonsall, Fallbrook, c of San Diego, and which newspaper has been adjudged a newspaper of general circulation by the Superior GPA 933/LCPA 83-3/, court of the County of San Diego, State of California, ENCINAS CREEK/& under the date of June 30, 1989, case number 1,71349; NfJ-=~HEREBYGNENthatthe~Cwnciloftht that the notice, of which the annexed is a printed COPY will hold a public hearing at the Crty Council Chamba (set in type not smaller than nonpareil), has been published in each regular and entire issue of said vib I)rive. Carlsbad, California, at 6:oO p.m. on 1 1994. to .consider a request for approval of a mat and an appeal of the Planning Cammi denial of. newspaper and not in any supplement thereof on the Amendment and Local Coastal Plan Amendment for ' following dates, to-wit: Property from Planned Industrial (PI] ' to hmmunity I 10.36 a=. end Open Spam [os) on I .83 BCP~S; 8 mange far 12.1 9 acpeS Of property from Planned Inc -Went overlay Zop P"Q1 to General Comm -Went hrlay he (WQ1 on 10.36 acres ar [OS] on 1.83 awes. Road east of its intersection WiUI &lege &uleverd/i the cuastal b: and more particularly described as b%on of Lot G, Rancho Ague Hediinda, b, 30tice cf R2b'Pc HCSE ~___~_"""""""""""----------- Leucad&, Encinitas, Cardiff, Vista and Carkbad, County - NOTICE OF PUBLIC HWINI June 4, 3994 I certify (or declare) under penalty Of Perjury that the foregoing is true and correct. ne pmperty is genera& located on the south side of 4 If YW have a questions regarding this matter. pleas Dated at%&?gqsic&@litornia. this ,-day of the mning%pertment. at (6191 as 1 1 161 I ext, 4446, If you &alenee the General Plan Amendment, Local Coastal PLsn APPCUANT: Paul YriSa;ni CARLsBADcrPlMuNaL Legal 39872 , June dc 4,1994 $#.E I' / COW Yw may be limited to raising only {, Amendment, and/or &ne Change in else at the public hearing described in .. ~ those issues raised by you or someme ., . I _c ' this notice; or in written correspondence /' deliired to the Cty of Carkbed Clerk's Signature office at. or pior to, the public hearing. /:, ~ .' ' ,,,;,, , ; i",. -.f". I,! ' ~,,,,~";""""""--"""--"""-""--------"--- , I ' I* __.. .. . BLADE-CITIZEN ., Legal Advertising d 722 South Hill Street P.Q. Box 90 Oceanside, GA 92854 (61 9) 433-7333 I 0 NOTICE OF PUBLIC HEARING - APPEAL GPA 93-3/LCPA 93-3/ZC 93-3 ENCINAS CREEK/MORGAN NOTICE IS HEREBY GIVEN that the City Council of the City of Carl sbad will I a pub1 ic hearing at the City Council Chambers, 1200 Carlsbad Village Dr. Carlsbad, California, at 6:OO p.m, on Tuesday, June 14, 1994, to conside request for approval of a Negative Declaration, and an appeal of the P1 ant Commission deni a1 of: (1. ) a General P1 an Amendment and Local Coastal I Amendment for 12.19 acres of property from P1 anned Industri a1 (PI) to Commur Commercial (C) on 10.36 acres, and Open Space (OS) on 1.83 acres; and (2 4 Zone Change for 12.19 acres of property from Planned Industrial, Qualii Development Over1 ay Zone (P-M-Q) to General Commerci a1 , Qual if i ed Develops Overlay Zone (C-2-Q) on 10.36 acres and Open Space (OS) on 1.83 acres. The property is generally located on the south side of Palomar Airport Road ( 'of its intersection with College Boulevard/future Alga Road in the Coastal Z( and more particularly described as: Portion of Lot G, Rancho Agua Hedionda, Map No. 823. If you have any questions regarding this matter, please call Don Neu in Planning Department, at (619) 438-1161, ext. 4446. If you challenge the General P1 an Amendment, Local Coastal P1 an Amendment, an( Zone Change in court, you may be limited to raising only those issues raise( you or someone else at the public hearing described in this notice, or in wril correspondence delivered to the City of Carlsbad City Clerk's Office at, or pr to, the public hearing. APPELLANT: Paul Yri sarri PUBLISH: June 4, 1994 CARLSBAD CITY COUNCIL I 4 City d lh EMAS CREEK-MORGAN NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Carlsbad will 1 a public hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsl California, at 6:OO p.m. on Wednesday, April 20, 1994, to consider a request for apprc of a Negative Declaration, a General Plan and Local Coastal Program Amendment f Planned Industrial (PI) on 12.19 acres to Community Commercial (C) on 10.36 acres Open Space (OS) on 1.83 acres, and a Zone Change from Planned Industrial, Quali Development Overlay Zone (P-M-Q) on 12.19 acres to General Commercial, Quali Development Overlay Zone (C-2-Q) on 10.36 acres and Open Space (OS) on 1.83 acre: property generally located on the south side of Palomar Airport Road east of its intersecl with College Boulevard/future Alga Road in the Coastal Zone, and more particul: described as: Portion of Lot G, Rancho Agua Hedionda, Map No. 823. Those persons wishing to speak on this proposal are cordially invited to attend the pu hearing. Copies of the staff report will be available on and after April 13, 1994. If have any questions, please call Don Neu in the Planning Department at 438-1161, 4446. If you challenge the General Plan Amendment, Local Coastal Program Amendment or ZI Change in court, you may be limited to raising only those issues you or someone else rai at the public hearing described in this notice or in written correspondence delivered to City of Carlsbad at or prior to the public hearing. CASE FILE: GPA 93-03/LCPA 93-03/ZC 93-03 PUBLISH: APRIL 7, 1994 CITY OF CARLSBAD PLANNING COMMISSION CASE NAME: ENCINAS CREEK - MORGAN $/ * ncoocntl P, ow c Y Y PYP - t-J PrD Cn wdv, Y 0 0- P 0- P. rD P,3PJ30 alDartY rD09 kc3 n, oc 3 a *rD PrD G * mp' 00 PO t-J um P- v) e 0 EA $N K: ,a0 02 rum " 0- SQ zQ a, 2. < Dz $E. Eo a3U I-4 .. -. $ cc, P. rt wmx 0 h, aoe, rns om3 co ncno 70 3 0 T" /j! lo j: ! , I ,j d j ) i z i ! ! 3 t i I i 1 i 1 rt I I I i 1 I i 1 ! i 0 0 03 PJ cn on c 09 Cn* 3. e,n P"c3I-6 row ,co [I) n, P DYYY .. rtmCn we, om\* kflX* * 0 P. -09 -* owe, OF3 re, IVN e, rcomw +&+ r (0 2 P 0 0, 1, cn P, CT Q 0 a, 0" 2. D (0 N 0 0 - -. 1 ? A cc, a3 cc, I.I.JI."N. NIU I "I.LrLI\ LL.lJ"0 0 P 0 BOX 2308 8UO W 1ST ST w 1303 AVOCADO A\ ' LOS ANGELES CA 90012 RANCHO SANTA FE CA 92067 NEWPORT BEACH ~rdEAll NU JU3CYH ALAUKA BLS YKUbKAM L - GR'EAT AMERICAN FEDERA FR4ZEE PROPERTIES CAR LAUREL TREE IN7 6795 FLANDERS DR 3063 6145 LAUREL TREE RD 17941 MITCHELL SAN DIEGO CA 92121 CARLSBAD CA 92009 IRVINE CA 92714 SIM USA INC 1400 FLAME TREE LN CARLSBAD CA 92009 ROBERT PATRICK KELLEY HUNTINGTON BE1 2770 SUNNY CREEK RD P 0 BOX 7611 CARLSBAD CA 92008 SAN FRANCISCO m >+ /. s/ sAN4N ss HUNTINGTON BEACH C HUNTINGTON BEACH CO HUNTINGTON BEL P 0 BOX 7611 P 0 BOX 7611 P 0 BOX 7611 HUNTINGTON BEAC HUNTINGTON BEACH CO HUNTINGTON BEL P 0 BOX 7611 P 0 BOX 7611 P 0 BOX 7611 CO CA 94120 CO CA 94120 ( HUNTINGTON BEACH CO CARLSBAD AIRPORT CENT CARLSBAD AIRPO P 0 BOX 7611 21515 HAWTHORNE BLVD 310 21515 HAWHORN CA 94120 TORRANCE CA 90503 TY CALLAWAY GOLF CO 2285 RUTHERFORD RD CARLSBAD CA 92008 [y?m/xGi CALLAWAY 2285 RUTHER GOLF CO 21515 HAWTHORN1 CARLSBAD AIRPO: CA 92008 TWENTY SEVEN M H INC P 0 BOX 1167 P 0 BOX 1167 LA JOLLA CA 92038 LA JOL CA 92038 .~ TWENTY SEVEN M k' a a a * GPA MAILING LIST CARLSBAD UNIF SCHOOL DIST SAN MARCOS SCHOOL DIST SAN DIEGUITO UNIOl 801 PINE AVENUE 1290 W SAN MARCOS BLVD 710 ENCINATAS BLVl CARLSBAD CA 92008 SAN IvlARCOS CA 92069 ENCINITAS CA 9202 ENCINITAS UNION LAFCO CMWD ELEMENTARY SCHOOL DIST 1600 PACIFIC HW RM 452 101 SO RANCHO SANTE FE RD SAN DIEGO CA 92101 ENCINITAS CA 92024 LEUCADIA CTY WATER DIST VALLECITOS WATER DISTRICT OLiVENHAIN MWD 1960 LA COSTA AV 788 SAN MARCOS BLVD 1966 OLIVENHAIN RI CARLSBAD CA 92009 SAN MARCOS CA 92069 ENCINITAS CA 9202 SANDAG SAN DIEGUITO WATER DIST PLANNING DIRECTOR FIRST INTERSTATE PLAZA 59 EAST D ST CITY OF SAN MARCOS 401 "B" ST #800 ENCINITAS CA 92024 105 W RICHMAR AVE SAN DIEGO CA 92101 SANMARCOS CA 920 PLANNING DIRECTOR PLANNING DIRECTOR CITY OF ENCINITAS CITY OF OCEANSIDE 505 S VULCAN AV 320 N HORNE ST ENCINITAS CA 92024-3633 OCEANSIDE CA 92054 PLANNING DIRECTOR CITY OF VISTA 600 EUCALYPTUS AVEh VISTA CA 92084 PLANNING DIRECTOR COUNTY OF SAN DIEGO . 5201 RUFFIN RD SAN DIEGO CA 92123 CALIF DEPT OF FISH 81 GAME CALIF COASTAL COMM ATTN: RICHARD NITSOS ATTN: CHUCK DAMM 330 GOLDEN SHORE, STE 50 3111 CAM DEL RIO NO1 LONG BEACH CA 90802 SAN DIEGO CA 92108. LEUCADIA SEWER DISTRICT VALLECITOS SEWER DISTRICT STATE CLEARINGHOl 2695 MANCHESTER 788 SAN MARCOS BLVD 1400 lOTH ST RM 12 ENCINITAS CA 92024 SAN MARCOS CA 92069 SACRAMENTO CA 9< FINANCE PARKS & REC ARTS DEPARTMENT COMMUNITY SERVICES ENGINEERING e 0 I (Forr TO: CITY CLERKS OFFICE FROM: PLANNING DEPARTMENT RE: PUBLIC HEARING REQUEST Attached are the materials necessary for you to notice APPEAL OF A PLANh COMMISSION DECISION TO DENY A GENERAL PLAN AMENDMENT, LOCAL COAE PROGRAM AMENDMENT, AND A ZONE CHANGE - ENCINAS CREEWMORGAN - 1 93-03/LCPA 93-03/ZC 93-03 for a public hearing before the City Council. Please notice the item for the Council meeting of Thank you. LLOYD HUBBS MAY 10, 1994 Acting Assistant City Manager Date Attachments ). 0 A A e I\ 1 I 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008 8 Office of the City Clerk 1 WA TELI (619) aitp Drf aarlsbab DATE : April 25, 1994 TO : Bobbie Hoder, Plan. Dept. FROM : Karen K., Clerk's Office RE : ENCINAS CREEK GPA 93-3ILCPA 93-3/ZC 93,-3 THE ABOVE ITEM HAS BEEN APPEALED TO THE CITY COUNCIL. According to the Municipal Code, appeals must be heard by the City Counci: within 30 days of the date that the appeal was filed. (REMINDER: The iter will not be noticed in the newspaper until the agenda bill is signed off 1 & parties.) Please process this item in accordance with the procedures contained in tl Agenda Bill Preparation Manual. If you have any questions, please call. """""""""""""""""~""""~"""~"""""""""""- .. The appeal of the above matter should be scheduled for the City Council Meeting of .. Signature Date .. 1 0' e D 1 7200 ELM AVENUE CAHLSBAO, CALIFORNIA 92UUtl 1 ELEP (6 19) 43 ' Office of lhn Crty Clerk lil" tJ- r fz dy * QiQ Uf Warlsbrtb 72. - cQe,x"%t APPEAL FON Pl4hn;b%C( LM'S s (4 ' I (We) appeal the fallowing decision of! the , P\D.r:d 2.0, I $c($ u. to the City COUI Project Name and Number (or subject of appeal): .._ ______ " LW q3/83/tc'PC\ 43-&9.L33-03 - E*r,r:aq cveol Date of Decision: 20, t w4 Reason for Appeal : 3 Le\& .-I-p"~~...).~~"~.-~~ r "CQ~rvCd "-=e% cRq"&ad LPeYl &Cw" a- cJ,f4.*r~.".. hdte- b-,,,>h,d u ........... I" .......... - . ..- ~~ A p-l ; !,2,s:m 4, L)Y", , , .c Date ' Siytlature /" ".." ... bt& \ c, YP1siY-r; ...... .._.._ Name (PI case Print) L._ L". 800 "I ,-~,._FIT~sar~~~-~.,~CtL~ I Address La3 Q*c*les. PC) ' 9ao 12 r (21c7 1 . G 2 2 '* ,1,-2&4.,, , , ,. , -,, , Tel cpfione m'umber -I w to i CITY OF CARLSBAD 1200 CARLSBAD VILLAGE DRIVE CARLSBAD, CALIFORNIA 92008 434-2867 ir ccri.f p 14: ; j: /-< ; /'),.' . :; pi : ' d +" f ~ ..* c. ,. f i' 2 i-, ,.4 jd ,", REC'D FROM !;! ; : t, {: z; (i; i;j&& :: f '4.4 ._.,,, / ) ",I,;* I ~ i. -,-, ;,,:.\,,? .,.,:.g-,< 4: 1; ; ?,,; ,. 4;!,.<;(r; 'i ,.L...."'". ~~ .! "^ . . . ... ... .C Lk,, :,, , v . , ,",' i tDATE:;.<: ';:.;;, !,,f!~;;~+,~~, t ! y: ~ :..e' ~ v_L L?,L. ,I -.. <. ACCOUNT NO. E DESCRIPTION , ". fi *, . '.: : ; .I; ; i ; .-, , ,, . m, :: ,: 4 '2 5 ;> 1.' I J j ri i > >.? :* J ;,,!; i' i I .,',, .. , I ..~, ,. , , i ; j +-,: :> 'j \ J i i :;I. ; ?pQycj!d,$k.,$,.\ <, ;! {!${ ,,;?ky, ~ L...,./;;.~y~.j ;.:* ,L ', I. i.J it . -.. . .... j, I, "..?. :- *%., ; !,,> , :,. i: ' ;:. 3 'x5<,:.,*'t.".*"":. t..,"..c"::;,8, ,:y"' .L.'. c, .,~ I G $6 :?: . :.3 .. I& ~ ,.,< ., ::,g 'it x.> ne d - ," \r " RECEIPT NO. gs$s @ printed on recycled paper. NOT VALID UNLESS VALIDATED BY CASH REGISTER TOTAL I ".""" ""~ ""-. I_" -