HomeMy WebLinkAbout1997-01-28; City Council; 14020; Zone Change Ocean BluffAM I4paa
MTG. l/28/97
DEPT. PLN 4
- ‘-4 II3 CT /2
CITY OF CARLSBAD -AGENDA BILL iA0 - TITLE. -- DEPT. HD.
APPROVAL OF ZC 93-04(A) ZONE CODE AMENDMENT
REZONING THE OCEAN BLUFF PARCEL B CITYATTY. +
FROM R-l TO R-1-7500-Q
CITY . ..a
RECOMMENDED ACTION:
That the City Council INTRODUCE Ordinance No. M-393
Change ZC 93-04A.
APPROVING Zone
ITEM EXPLANATION:
On December 4, 1996 the Planning Commission approved (7-O) a resolution
recommending approval of ZC 93-04(A) to rezone the Ocean Bluff parcel from R-l to R-
I -7500-Q (One Family Residential Zone/Qualified Overlay Zone). Subsequent to
Council’s April 2, 1996, approval of the R-l zone designation for the Ocean Bluff parcel,
the Coastal Commission approved a LCPA with the suggested modification to add the “Q”
(Qualified Overlay Zone) to the parcel’s R-l zone designation. This action resulted in an
inconsistency between the parcel’s zoning R-l and the LCP designation (R-l-7500-Q).
The proposed zone change would effectuate the City’s acknowledgment and acceptance
of the suggested modification and create consistency between the City’s LCP and Zoning.
FISCAL IMPACT:
No direct fiscal impacts will result from the zone change since this action is consistent with
the parcel’s current R-l zoning and RLM General Plan designation.
EXHIBITS:
1. City Council Ordinance No. /r/S -393
2. Location Map
3. Planning Commission Resolution No. 4024
4. Planning Commission Staff Report, dated December 4, 1996
5. Excerpt of Planning Commission Minutes, dated December 4, 1996.
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ORDINANCENO. NS-393
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AMENDING TITLE 21 OF THE
CARLSBAD MUNICIPAL CODE BY AN AMENDMENT TO
THE ZONING MAP, TO GRANT A ZONE CHANGE, ZC 93-
04(A), FROM R-l TO R-1-7500-Q ON PROPERTY
GENERALLY LOCATED AT THE NORTHWEST CORNER OF
FUTURE POINSETTIA LANE & BLACKRAIL COURT, IN
LOCAL FACILITIES MANAGEMENT ZONE 20.
CASE NAME: OCEAN BLUFF
CASE NO.: ZC 93-04(A)
The City Council of the City of Carlsbad, California, does ordain as follows:
SECTION I: That Section 21.05.030 of Chapter 21.05 of Title 21 of the
Carlsbad Municipal Code, being the Zoning Map, is amended to reflect a zone change from R-l
to R-1-7500-Q as shown on that portion of the map attached hereto and made a part hereof by
this reference.
SECTION II: That the findings and conditions of the Planning Commission as
set forth in Planning Commission Resolution No. 4024 constitutes the findings and conditions of
the City Council.
SECTION III: The Council further finds that this zone change to add the
Qualified Overlay (Q) Zone to the existing Single-Family Residential (R-l) Zoning is consistent
with the General Plan in that it is consistent with the RLM residential land use designation
allowing medium-low density development.
EFFECTIVE DATE: This ordinance shall be effective thirty days after its
adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be
published at least one in a newspaper of general circulation within fifteen days after its adoption.
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City
Council held on the day of , 1997, and thereafter
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PASSED AND ADOPTED at a regular meeting of said City Council held on the
day of , 1997, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED AS TO FORM AND LEGALITY
RONALD R. BALL, City Attorney
CLAUDE A. LEWIS, Mayor
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk
wfw
-2-
phibit .2 . --
EXISTING R-l
PROPOSED R-l-7500-Q
@ NORTH
OCEAN BLUFF
ZC 93=04(A)
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C EXHIBIT 3
PLANNING COMMISSION RESOLUTION NO. 4024
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A ZONE CHANGE FROM R-l TO R-1-7500-Q
ON PROPERTY GENERALLY LOCATED ON THE
NORTHWEST CORNER OF FUTURE POINSETTIA LANE
AND BLACKRAIL COURT IN LOCAL FACILITIES
MANAGEMENT ZONE 20.
CASE NAME: OCEAN BLUFF
CASE NO.: ZC 93-04(A)
WHEREAS, Ocean Bluff Partnership, “Developer”, has filed a verified
application with the City of Carlsbad regarding property owned by Ocean Bluff Partnership,
“Owner”, described as
Lot 3 in Section 22, Township 12 south, range 4 west, San
Bernardino base and meridian in the County of San Diego, State
of California, excepting therefrom those portions thereof lying
north of the south boundary line of Ranch0 Agua Hedionda, as
said south line was established May 5, 1913, by decree of the
Superior Court of the State of California, in and for San Diego
County, in that certain action (No. 16830) entitle Kelly Investment
Company, a corporation, vs. Clarence Dayton Hillman and Bessie
Olive Hillman
(“the Property”); and
WHEREAS, the City took action to zone the property R-l and amend its Local
Coastal Program (LCP) to reflect said zoning designation; and
WHEREAS, the Coastal Commission approved said LCP amendment with a
“suggested modification;” and
WHEREAS, the City acknowledges the Coastal Commission’s resolution of the
subject matter; and
WHEREAS, said application constitutes a request for a Zone Change as shown on
the location map, and Exhibit “X” dated December 4, 1996, attached hereto, Ocean Bluff (ZC
93-04(A)), as provided by Chapter 21.52 of the Carlsbad Municipal Code; and
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WHEREAS, the Planning Commission did on the 4th day of December 1996.
hold a duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
relating to the Zone Change.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission as follows:
A)
W
That the foregoing recitations are true and correct.
That based on the evidence presented at the public hearing, the
Commission RECOMMENDS APPROVAL of Zone Change ZC 93-04
(A) which effectuates City acceptance of the Coastal Commission’s
“suggested modification” based on the following findings:
Findinps:
1.
2.
. . .
. . .
. . .
. . .
That the proposed Zone Change from One Family Residential (R-l) to One Family
Residential Qualified Overlay Zone (R-1-7500-Q) is consistent with the goals and
policies of the General Plan Land Use Element (Policy C.l) in that it will result in “the
arrangement of land uses which preserve community identity and are orderly,
functionally effkient, healthful and aesthetically pleasing”.
That the Zone Change will provide consistency between the General Plan and Zoning as
mandated by California State law and the City of Carlsbad General Plan Land Use
Element, in that the property’s underlying Low-Medium Residential density (RLM)
land use designation allows single family residential development except that a
variety of overall housing types may be allowed as long as the overall density does
not exceed 4 dwelling units per acre.
PC RESO NO. 4024 -2-
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L. L. t
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 4th day of December 1996, by the
following vote, to wit:
AYES: Chairperson Compas, Commissioners Heineman, Monroy,
Nielsen, Noble, Savary and Welshons
NOES: None
ABSENT: None
ABSTAIN: None
WILLIAM COMPAS, Chairper&
CARLSBAD PLANNING COMMISSION
ATTEST,
PC RESO NO. 4024 -3- ,.--; i
h EXHIBIT 4 ltie City of CARLSBAD Planning Departmek& A REPORT TO THE PLANNING COMMISSION@
Item No. 5 0
Application complete date: Not Applicable
P.C. AGENDA OF: December 4,1996 Project Planner: Anne Hysong
Project Engineer: Not Applicable
SUBJECT: ZC 93-04(A) - OCEAN BLUFF - Request for a zone change from R-l to R-l -
7500-Q on property located on the northwest corner of future Poinsettia Lane and
Blackrail Court within the boundaries of the Zone 20 Specific Plan, in Local
Facilities Management Zone 20.
I. RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolution No. 4024
RECOMMENDING APPROVAL of ZC 93-04(A) based on the findings contained therein.
II. INTRODUCTION
Staff is requesting approval of a zone change to add the Qualified Overlay (Q) zone designation
to the R-l (One Family Residential Zone) approved for the Ocean Bluff parcel by the City
Council on April 2, 1996. Subsequent to City Council approval of a Local Coastal Program
Amendment (LCPA) and Zone Change and in response to the City’s request for Coastal
Commission approval of the LCPA, the Coastal Commission approved the LCPA with the
“suggested modification” to add the “Q” Overlay zone to the R-l zoning. The result of this
action is that the R-l zone designation approved by the City is not consistent with the R-l -7500-
Q LCP implementing zone. The proposed zone change will bring the parcel’s zone designation
into conformance with the approved Local Coastal Program implementing zone.
III. PROJECT DESCRIPTION AND BACKGROUND
Upon a determination that the Ocean Bluff project was consistent with the underlying Low-
Medium Residential density (RLM) General Plan designation, the City Council approved a Zone
Change and Local Coastal Program Amendment to change the parcel’s zone designation to the
R-l (One Family Residential) zone on April 2, 1996. These actions also required Coastal
Commission approval. At its July 12, 1996 public hearing, the Coastal Commission approved
the LCPA with the “suggested modification” to add the Qualified Overlay Zone (Q) to the R-l
zoning to further ensure their interpretation of consistency with the parcel’s RLM General Plan
designation. In order to create consistency between the City’s LCP and Zoning, the City must
now process a zone change effectuating the acknowledgment and acceptance of the “suggested
modification.”
ZC 93-04(A) - OCEAN BLclFF
DECEMBER 4,1996
PAGE 2
The proposed Zone Change is subject to the following land use plans:
A. General Plan Land Use Element; and
B. Mello II Local Coastal Program.
IV. ANALYSIS
The recommendation of approval for this project was developed by analyzing the project’s
consistency with the applicable policies listed below. The following analysis discusses
compliance with these policies:
A. General Plan
The proposed zone change to R-1-7500-Q is consistent with, and will implement, the
Ocean Bluff parcel’s underlying RLM General Plan designation allowing O-4 dwelling
units per acre.
B. Mello II Local Coastal Program
In accordance with the California Coastal Act, the City’s zone district map must be
consistent with the LCP implementing zone. The proposed zone change to add the Q
Overlay Zone to the existing R-1-7500 zone designation will result in the required
consistency. The Q Overlay Zone requires Planning Commission approval of a site
development plan. The Planning Commission has already approved a site development
plan (SDP 93-07) for the Ocean Bluff project so no further action will be required.
V. ENVIRONMENTAL REVIEW
The proposed addition of the Qualified Overlay (Q) Zone to the R-l zone designation qualifies
as a statutory exemption in accordance with Section 15265 of the CEQA guidelines.
ATTACHMENTS:
1. Resolution No. 4024
2. Location Map.
AH:bk
EXHIBIT 5
5. ZC 93-04 - OCEAN BLUFF - Request for a zone change from R-l to R-1-7500-Q on property
located on the northwest corner of future Poinsettia Lane and Blackrail Court within the
boundaries of the Zone 20 Specific Plan, in Local Facilities Management Zone 20.
Chairperson Compas announced to the applicant, Commissioners and the public that if the Commission
recommends approval of this item, it will be forwarded to the City Council for their consideration.
Project Planner Anne Hysong stated that Staff is recommending approval of this project as it will create
consistency between the City’s LCP and zoning and is necessary to effectuate the City’s acknowledgment and acceptance of the Coastal Commission’s suggested modification to add the Q overlay to the parcel’s
R-l zoning.
Chairperson Compas asked the applicant to come forward. Since the applicant is the City, a
representative of the Ocean Bluff owners was allowed to give testimony.
MINUTES
PLANNING COMMISSION December 4.1996 Page 5
Jack Henthorn, representing the Ocean Bluff Partnership, 5431 Avenida Encinas, Suite J, Carlsbad, CA,
voiced their support for this zone change and offered to answer any questions.
Chairperson Compas opened public testimony. Seeing no one, Chairperson Compas closed public
testimony and opened Commission discussion.
ACTION:
VOTE:
AYES:
NOES:
ABSTAIN:
Motion by Commissioner Nielsen, and duly seconded, to adopt Planning
Commission Resolution No. 4024, recommending approval of ZC 93-04(A),
based on the findings contained therein.
7-o
Compaq Monroy, Nielsen, Heineman, Noble, Savary and Welshons
None
None
Chairperson Compas closed the public hearing.
PROOF OF PUBLIC ION
(2010 & 2011 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: I 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
North County Times
formerly known as the Blade-Citizen and The
Times-Advocate and which newspapers have been
adjudged newspapers of general circulation by the
Superior Court of the County of San Diego, State c’
California, under the dates of June 30, 1989
(Blade-Citizen) and June 21, 1974 (Times-
Advocate) case number 171349 (Blade-Citizen)
and case number 172171 (The Times-Advocate)
for the cities of Escondido, Oceanside, Carlsbad,
Solana Beach and the North County Judicial
District; 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:
Jan. 17, 1997
I certify (or declare) under penalty of perjury that
the foregoing is true and correct.
Dated at &%%I~ 7 Ris 17th day
of Jan. 1997
------- &+--
NORTH COUNTY TIMES
Legal Advertising
This space is .Jr the County Clerk’s Fifing Stamp
Proof of Publication of
Notice of public Hemi.ng -----------_-_-___________
NOTICE OF PUBLIC HEARING
-
OCEAN BLUFF ZONE CHANGE - ZC 93-4(A)
NOTICE IS HEREBY GIVEN that the City Council of the City of
Carlsbad will hold a public hearing at the City Council Chambers,
1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 p.m.,
on Tuesday, .January 28, 1997, to consider a request for a zone
change from R-l to R-1-7500-Q, on property generally located on
the northwest corner of future Poinsettia Lane and Blackrail Court, in Local Facilities Management Plan Zone 20, and more
particularly described as:
Lot 3 in Section 22, Township 12 south, range 4
west, San Bernardino base and meridian, in the
County of San Diego, State of California, excepting therefrom those portions thereof lying north of the
south boundary line of Ranch0 Agua Hedionda, as said
south line was established May 5, 1913, by decree of
the Superior Court of the State of California, in
and for San Diego County, in that certain action
(No. 16830) entitled Kelly Investment Company, a
Corporation, vs. Clarence Dayton Hillman and Bessie
Olive Hillman
If you have any questions regarding this matter, please contact
Anne Hysong in the Planning Department, at (619) 438-1161,
extension 4477.
If you challenge the Zone Change in court, you may be limited to
raising only those issues raised by you or someone at the public
hearing described in this notice, or in written correspondence
delivered to the City of Carlsbad City Clerk's Office at, or
prior to, the public hearing.
APPLICANT: City of Carlsbad
PUBLISH: January 17, 1997
CARLSBAD CITY COUNCIL
DECEMBER 4,1996
EXISTING R-1
PROPOSED R-1-7500-Q
@
Horn
OCEANBLUFF
ZC 93-04(A)
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Carlsbad will
hold a public hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad,
California, at 6:00 p.m. on Wednesday, December 4, 1996, to consider a request for a
zone change from R-l to R-1-7500-Q on property generally located on the northwest
corner of future Poinsettia Lane and Blackrail Court within the boundaries of the Zone
20 Specific Plan in Local Facilities Management Zone 20, and more particularly
described as:
Lot 3 in Section 22, Township 12 south, range 4 west, San Bernardino
base and meridian in the County of San Diego, State of California,
excepting therefrom those portions thereof lying north of the south
boundary line of Ranch0 Agua Hedionda, as said south line was
established May 5, 1913, by decree of the Superior Court of the State
of California, in and for San Diego County, in that certain action (No.
16830) entitle Kelly Investment Company, a corporation, vs. Clarence
Dayton Hillman and Bessie Olive Hillman
Those persons wishing to speak on this proposal are cordially invited to attend the
public hearing. Copies of the staff report will be available on and after November 27,
1996. If you have any questions, please call Anne Hysong in the Planning Department
at (619) 438-l 161, extension 4477.
If you challenge the Zone Change amendment in court, you may be limited to raising
only those issues you or someone else raised at the public hearing described in this
notice or in written correspondence delivered to the City of Carlsbad at or prior to the
public hearing.
CASE FILE: ZC 93-04(A)
CASE NAME: OCEAN BLUFF
PUBLISH: NOVEMBER 22,1996
CITY OF CARLSBAD
PLANNING DEPARTMENT
2075 Las Palmas Dr. - Carlsbad, CA 92009-l 576 - (619) 438-1161 - FAX (619) 438-0894 @
CARLSBAD UNIF SCHOOL DIST
801 PINE AVE
CARLSBAD CA 92008
SAN DIEGUITO SCHOOL DIST
701 ENCINITAS BLVD
ENCINITAS CA 92024
VALLECITOS WATER DIST
788 SAN MARCOS BLVD
SAN MARCOS CA 92069
CITY OF SAN MARCOS
1 CIVIC CENTER DR
SAN MARCOS CA 92069-2949
CALIF DEPT OF FISH & GAME
SUITE 50
330 GOLDENSHORE
LONG BEACH CA 90802
LAFCO
1600 PACIFIC HWY
SAN DIEGO CA 92101
PROJECT PLANNER
ANNE HYSONG
SAN MARCOS SCHOOL DIST
1 CIVIC CENTER DR
SAN MARCOS CA 92069
LEUCADIA CNTY WATER DIST
1960 LA COSTA AVE
CARLSBAD CA 92009
SD COUNTY PLANNING
SUITE B
5201 RUFFIN RD
SAN DIEGO CA 92123
CITY OF OCEANSIDE
300 NORTH COAST HWY
OCEANSIDE CA 92054
ENCINITAS SCHOOL DIST
101 SO RANCH0 SANTA FE
ENCINITAS CA 92024
OLIVENHAIN WATER DIST
1966 OLIVENHAIN RD
ENCINITAS CA 92024
CITY OF ENCINITAS
505 S VULCAN AVE
ENCINITAS CA 92024
CITY OF VISTA
PO BOX 1988
VISTA CA 92085
REGIONAL WATER QUALITY SANDAG
SUITE B SUITE 800
9771 CLAIREMONT MESA BLVD 400 B STREET
SAN DIEGO CA 92124-1331 SAN DIEGO CA 92101
AIR POLLUTION CNTRL DIST JACK HENTHORN & ASSOCIATES
9150 CHESAPEAKE DR 5431 J AVENIDA ENCINAS
SAN DIEGO CA 92123 CARLSBAD CA 92008
ZC 93-04(A) Rezoning the Ocean
Bluff Parcel from R-l to R-1-7500-Q
::Y,l&%%k&T ,.A
I)
/ / ,.
(Fom A)
TO: C1T.Y CLERK’S OFFICE
FROHs Planning Department
RE: PUBLIC HEARING REQUEST
Attached are the materials necessary tot you to notice
ZC 93-04(A) - Zone Code Amendment Rezoning the Ocean Bluff Parcel from R-1 to
for a public hearing before the Clty Council. R-1-7500-Q
Please notice the item for the council meeting of %$7
Thank you.
December 31, 1996 Date