HomeMy WebLinkAbout2000-05-16; City Council; 15745; Resolution Of Intention Poinsettia Lane & I-5. I F h
CITY OF CARLSBAD - AGENbA BILL U3 Aa
AB# DEPT. HD.
MTG. SOUTHEAST CORNER OF POINSETTIA LANE AND l-5 CITY ATTY.
RESOLUTION OF INTENTION
DEPT. PLN < CITY MGR
RECOMMENDED ACTION:
If the City Council wishes to proceed with the zone change, ADOPT City Council Resolution No.
3600= 164 APPROVING the initiation of the zone change.
ITEM EXPLANATION:
The Council has received several previous presentations regarding the property located at the
southeast corner of Poinsettia Lane and Interstate 5. The site is currently zoned for neighborhood
commercial uses with the Qualified Development Overlay Zone (C-l-Q). Most recently, on October
26, 1999, the Council considered a presentation regarding the potential trip generation rates
associated with a commercial development on the five acre site consistent with its existing C-1-Q
zoning designation. The Council presentations regarding the subject property originated from the
property’s inclusion into the formation of the City’s Commercial/Visitor-Serving Overlay Zone. No
formal application has been submitted; however, a preliminary review of a commercial development
(PRE 99-43) was conducted by the City.
At the conclusion of the October 26th presentation, the City Council directed staff to return with a
Resolution of Intention, which if approved, would initiate the zone change process to eliminate the
commercial zoning onsite to be replaced with either a residential or office zoning designation. If the
Resolution is approved by the Council initiating the zone change process, corresponding General
Plan and Local Coastal Program Amendments must also be concurrently processed.
Part of the Council direction staff received on October 26th was to not return with the Resolution
until the on-going Commercial Study (being conducted by the Planning Department) was considered
again by the Council. On March 23, 2000, a Commercial Study workshop with the City Council took
place. Shortly afterwards, Planning staff resumed processing the Council request for a Resolution of
Intention.
ENVIRONMENTAL:
There will be no environmental impacts resulting from the processing of a zone change and
corresponding General Plan and Local Coastal Program Amendments.
FISCAL IMPACT:
Other than staff time for processing, there will be no fiscal impacts to the city.
EXHIBITS:
1. City Council Resolution No. &5- lGLl
2. City Council Minutes - October 26, 1999.
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7 AYES:
NOES:
ABSENT:
RESOLUTION NO. 2ooo-164
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, DIRECTING STAFF TO INITIATE
OCESSING OF A ZONE CHANGE, GENERAL PLAN
office zoning designation.
il of the City of Carlsbad, California, that:
nicipal Code, the City Council of the City of
ider a zone change from Neighborhood
Overlay Zone (C-l-Q) to either a residential or
d to prepare said zone change, and
Carlsbad on the
following vote, to wit:
the City Council of the City of
CLAUDE A. LEWIS, Mayor
ATTEST:
LORRAINE M. WOOD, City Clerk
(SEAL)
4-16-00; 9:43AM;cerlsDad City Clerk :760 720 6917
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EXHIBIT 2
W.obcr 26,1999 CITY COUNCIL we4
Steve Link, Executive Dire&or of the C&bad Convention and Visitor’s Bureau, I 6 16 Avenida Guillumo, Oceanside, stated that the $10,000 in fimding would support tbc work performed by the Flower’s Group, a destination mar&@ agency. Mr. Link displayed some of the agency’s work and explained that the additional funding may be used for some projects such ss the continuatiou of comprehensive statewide programs and marketing programs for the amaction of Canadian visitors.
ACTION: On a motion by Council Member Kulchin, Council approved the Convention and
Visitor’s Bureau request far au additional $10,000 in the 1999-2000 Contract,
AYES: Lewis, Hall, Nygaard, Kulchiu
NOES: Finnilrr
Ekic Mmoz, Senior Planner, reviewed the history of the parcel’s zoning changes: In 1974 the proper@ was designated as a General Commercial Zone (C-2); in 1982 a Zoning Change to Neighborhood Commercial Zone, qualified developme& overlay zxme (C-l-Q) tuok place; in 1989 a Neighborhood Commercial Project, the Poinsettia Retail Centex totaling 44,000 square feet of commercial space was submitted for developme&, however, an adjacent Homeowners Association submitted a petition calling for a cammercisl OfZce design&i- and the applicants withdrew their application. Mr. Munoz stated that the 1994 Growth Management Plau con&& the Commercial desiguatiou far the parcel. He stated that the LFMP far Zone 4 estimated up to 10,680 average daily trips (ADT) for traffic and up to 89,000 square feet of Ccmunercial Retail Space for this site.
UpOn insluiry fbtl COWCil, Mr. Gary Wayne, Assistant Plarmiug Director, stated this prop&y was hhkd in the OW~Y ZOXE study BS a vacant neighborhood commcrcia] site.
Howard Hetier, 7154 Lantana Terrace, asked that a document containing the official comments of the SeaCliffHomeowners Association Fkmrd of Directors &g tbe Sea View Point commercial center be made part of the record. (This document is on file-in the City Clerk’s Office.)
Peter Walsh, 2885 Sanford Lane, representing his mother who is the proper@ owner, asked that the site remaindcFsignatedasco mmacial, G 1 and AOt be d~wnzomd to the Office Commercial-designation. He stated that S24,OOOhcre in conversion fees were paid when the property was rezoned and that his mother had paid a portion of the Poinsettia overpasaand the desiltation basin fees to mitigate the titure of the lot as a retail site. He stated that his Gmily and the developer have expended much mouey attempting to develop this pmpexly. He stated that Pacific Development Partners had met with the Sea Cliff Homeowners Association and had received their preliminary approval. He also stated that when meeting wi& staff, they were advised to submit a Site Plan using the higher standards of the new overlay zone a114 therefore, he is surprised at the discussion of do wnzoning. Mr. Walsh stated that in recent Public
Hearings citizens have called for smaller peripheral retail ccnters with specialty stores, and be urged
Council to keep the Neigh-d Commercial Zone designation in place.
John Edwins, P.O. Box 2488, De1 Mar, representing Pacific Development Partners, presented a chart depicting Paseo De1 Norte t&ic analysis as a combination of Ses Cliff ADT’s and various other factors such as zoning and time of day. (This chart and exphmations regarding the chart are on file in the City Clerk’s Oflice). He umcluded that the neighborhood ceuter is compatible with the neighborhood trafEc paramcters~llrgedcounciltoallowthedesignated~gtortmaininplace.
Upon inquiry frcrm Council, Mr. Wayne stated%& the zouing change 5om Neigbborhood Commercial to of-lice commercia 1 designation is technically a rezone rather than a downzone. He stated that it is hard to determine this type of distinction without analysis.
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October 26,1999 CITY COUNCIL Page 5 Upon inquiry from Council, Mr. Lloyd Hubbs, Director of Public Works, stated that the ADT’s for Paseo De1 Norte were from SANDAG calculations using the length of road from Poinsettia north to Camon. Mr. Hubbs also explained that these ADT calculations use a five day week.
UponCouncilinquiry,Mr.MuwnsCatcdthatan~eastemsi&oftheSeaCliffPmpaty,wbaethe pmperty caaects with Poinsettia, there is a 35 foot wide area that could be used as an emergency access
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Upon Council inquiry, Mr. Wayne stated that the Commercial Study is being prep& for presentation in November, 1999, and should be available in a few weeks.
Council Member Hail spoke against a Resolution of Intenti- stating that it was neither the desireof the SeaCliffH0Aarthepropertyowmx-s.
- On a motion by Mayor Lewis, Council &ected staff to prepare a Resolution of
htCAtiOA t0 rezme the pperty located at the Southeast corner of Poinsettia and I-S.
AYES: Lewis, Nygaard, Kulchi~
H32ES: Fin&, Hall.
Council Member Finnilastatedthat shevoted “no”because she pref~tohavemore ofherquestions answered, as well as the results of the Commemial Study befon deciding on this issue,
67 9. OF -DE RELATING To THE USE OF AGUA
Sergeant Keith Blackbum Police FieldOperations, presented the staff report and discussed the proposed changes to the Ivltmicipal Code regarding use of Agua Hedionda Lagoon. He stated that the changes address the following: 1.) change in ownership fiosn San Diego Gas and Electric; 2.) transfer of enfbrecment responsibilities from Pa+ and Recmation to the Police Departmen% 3.) idcntificatim of the author@ of the Community Sen+es Officer, 4.) grammar changes; 5 .) changes iA nautical terms to he consistent with Harbors and Navigation Code; 6.) increased surface area of the Lagoon due to dncdgingandthcinrreasein~watercraftnlnnbersfirom~12to~~;7.)increaseinnumberOf
passivewatercraftfium3Oto~8.)noswimmin g iA the iAAer Lagoorl; 9.) A0 pemxment mooring 10.) lengthofpowerboatswillremain at 21 f&t, with one exception: those boats that measure up to 23 fact
in hg& arc ski specific, and that do not generate a wake rise greater than nine inches m permitted
Sergeant Blackbtuu clarified that jet ski operators may be 12 to 15 years in age but must have immediate adult supervision. Sergeant Blackburn also stated that power boat’s pipes must be muffled and that the A0isemustnotbe1ouderthannonna~.
Upcm insairy 5mn Comeil, Sergeant BIackbum stated that jet ski qxmtors, 16 years and older, do not need a license per state law. Sergeant Bldhnn stated that all user groups iucludiug the Agua Hedionda
Lagoon FouAdatioA had beal CoAslllted CoAcerAiAg the code charlges.
Upon inquiry f?om Council, !%rgcant Blackburn stated that swimming orwadingtoandf?omaboator during skiing is permitted, and that the Code Section 11.24.085(8) is meant to reflect prohibition of the intent to swim or wade, not in conjunctian with other activities.
ACIION: OA a motion by Council Member Hall, Council introduced FINANCE NO, ~S-509, amending various Scetio~~ of Chapter 1124 of the Carl&id Muuicipal Code regarding use ofthe AguaHedionda Lagoon.
AYES: Lewis, Hall, Finnila, Nygaard, Kulchin
M&a DENNIS A. PAQUET
7020 Rockrose Terrace
Carlsbad, CA 92009
February 15,200O
Mr. Ray Patchett
City Manager
CITY OF CARLSBAD
1200 Carlsbad Village Drive
Carlsbad, CA 92008
RE: SEC I-5 & POINTSETTIA
CARLSBAD, CA
Dear Mr. Patchett:
I am writing to let you know I am very much opposed to the rezoning of the southeast
comer of I-5 & Poinsettia Lane from Neighborhood Commercial to Office. I live north
of the site and support both the retention of the property as Neighborhood Commercial
and the planned development of Pacific Development Partners.
There is a great need and demand for a shopping center at this location. I have read Carlsbad is expected to add another 24,000 dwelling units. This makes the need and
demand even greater. In my professional opinion this property is ideally and
conveniently located for the development of a neighborhood shopping center. An area of
approximately ten square miles is served only by a twelve year old Ralphs and an eight-
year-old Vons.
The City of Carlsbad must plan ahead to assure the present and future need of its
residents is adequately served by enough neighborhood commercial centers. For these
reasons I respectfully request the city keep the Neighborhood Commercial zoning and
allow the planned retail center to proceed.
incerely,
l-
G- F
hkf ennis Paquet
WV
fi 6 /..; 7a-
536 -00
cc: Mayor Bud Lewis Councilwoman Ann Kulchin
Councilwoman Julie Nygaard
Councilwoman Ramona Finnila
Councilman Matt Hall
City of
February 29,200O
Mr. Dennis Paquet
7020 Rockrose Terrace
Carlsbad CA 92009
RESPONSE T.0 LETTER DATED FEBRUARY 15,200O
The City has received your letter regarding the southeast comer of I-5 and Poinsettia Lane. As you are aware, the Council directed Planning staff to prepare a Resolution of Intention (ROI) to
change the existing commercial zoning on the site to either a residential or office zoning
designation. However, since the potential deletion of a commercial site is involved, and the
designated locations of commercial sites at buildout is currently a citywide issue, the Council
directed staff to return with the ROI only after consideration of the pending Commercial Study.
The Commercial Study is intended to adequately assess the issues contained in your letter
addressing present and future commercial sites in the city. At this time, Planning staff is
preparing to return to the City Council with an update of the Commercial Study effort. It is anticipated that this will occur around the late March 2000 timeframe. Once Council has
completed its consideration of the Commercial Study, staff will be able to return with the ROI
for the southeast comer of I-5 and Poinsettia Lane.
Feel free to contact Dennis Turner, Principal Planner, at 760.602.4609 to receive updates on the
Commercial Study’s return to City Council; I can be reached at 760.602.4608 regarding the ROI
for the southeast comer of I-5 and Poinsettia Lane.
Sincerely,
ERIC MUNOZ
Senior Planner
EM:cs
c: Ci@iU&ager, Ray Patchetr
Planning Director, Michael Holzmiller
Assistant Planning Director, Gary Wayne
Principal Planner, Don Rideout
Principal Planner, Dennis Turner
1635 Faraday Avenue - Carlsbad. CA 92008-7314 - (760) 602-4600 - FAX (760) 602-8559 69