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HomeMy WebLinkAboutSP 40A; City of Carlsbad; Specific Plan (SP)CASE NO.: SP-40 (A)DATE RECEIVED: April 21, 1983 APPLICANT; City of Carlsbad ' REQUEST: Specific Plan Amendment to rescind a Specific Plan. W/side of 1-5 between Laguna Drive and Knowles* Avenue. ENVIRONMENTAL EXEMPT OR EXCEPTED: Posted: Filed: Prior Compliance:Published: Filed: NEGATIVE DECLARATION: Posted:*(*(•Published:/Notice of Determination: ENVIRONMENTAL IMPACT REPORT: Notice of . Preparation: "y~ Notice of Completion: Notice of Determination: PLANNING COMMISSION 1. Date of Hearing: 2. Publication: 3. Notice to Property Owners; 4. Resolution No. f-^-\ ( & (Continued to; 5. Appeal:____ Date:ACTION CITY COUNCIL 1. Date of Hearing:U/M. 7 2. Notices to City ClerR: 3. Agenda Bill- 'tt' 4. Resolution No. 5. Ordinance No. Date:ACTION: Date: CORRESPONDENCE MEMORANDUM DATE: April 13, 1983 TO: Planning Commission FROM: Land Use Planning Office SUBJECT: Information Item - Specific Plan-40 Recommendation Staff recommends that the Commission direct staff to prepare an amendment to SP-40 rescinding SP-40 and notice all persons owning property effected by SP-40 that the Commission intends to rescind SP-40 Background Mr. Harold Curry, of Oak Tree Builders, is requesting that the Planning Commission direct staff to prepare the necessary documents to rescind Specific Plan No. 40. This specific plan was approved on November 6, 1968, by the City Council for the eight lots shown on Exhibit "X". The specific plan proposed a comprehensive development plan for all eight of the properties. Although this plan is approximately fifteen years old it had no expiration date. The applicant desires to develop an apartment project on Parcel No. 16. Staff has reviewed this proposal with the applicant and informed him that SP-40 must be rescinded before the City could approve an apartment project on his parcel. Staff has suggested to the applicant that he attempt to get all of the owners of the eight parcels to apply for rescindment of SP-40 and split the processing fees. The applicant has attempted to do so, but claims that none of the other effected owners care whether or not Specific Plan No. 40 is rescinded. If SP-40 was amended to allow the applicant's property to be removed from the specific plan, it would be impossible for the property adjacent to his to develop in accordance with SP-40. The applicant feels that the eight properties involved in SP-40 should no longer be bound by this specific plan for a number of reasons: 1. The plan is approximately fifteen years old. 2. No one has shown any interest in developing these properties per SP-40. 3. All of the properties have changed hands since SP-40 was first approved and many of the present owners are not aware that their property has a specific plan on it. 4. Specific Plan-40 does not conform to the City's existing development standards. Staff feels that there is merit to the applicant's arguments and, therefore, is recommending that the Commission direct staff to rescind SP-40. If this is the Commission's desire, staff will bring back this item to the May 11, 1983 meeting. MH:kb Attachments 1. Letter from Mr. Curry, dated March 31, 1983 2. Exhibit "X", dated April 4, 1983 -2- March 31, 1983 City of Carlsbad Planning Department 1200 Elm Avenue Carlsbad, Ca. 92008 Re; Proposed Apartments at 1016 Laguna Dr. Dear Staff: Kindly be advised that we approve of all conditions set forth thus far by your department related to the above project u/ith the exception of the require- ments contained in paragraph no. 6 of your letter dated March 22, 1983. Specific Plan No. 40 has been examined and after due consideration, includ- ing research determining the owners of all properties involved in the original plan, the following facts are submitted for your consideration. 1. Specific Plan No. 40 was submitted as a portion of the application for Zone change by Forest J. Brady in 1968. 2. Ordinance No. 9221 was adopted November 6, 1968, referred to as the Brady Zone Change, changing the Zone from R-1-6000 to R-3, Medium-Low Density, 8-21 families per net acres. 3. There were 8 separate parcels of land and 8 separate owners of said land set forth on the specific plan. 4. During the almost 15 years which have elapsed since the Zone change, all properties involved in the original application have changed owner- ship. A listing is attached as "EXHIBIT A" setting forth the owner's names in 1968 and 1982 as recorded by the San Diego County Assessor. It is further known that some of the properties have changed ownership sev- eral times with additional changes pending which are not as yet recorded, 5. There have been no restrictions recorded with the subject properties which would notify or limit any existing property owners to any degree greater than as set forth in the present R-3 Multiple-Family Residential Zone of Carlsbad. 6. Specific Plan No. 40 has never been implemented in any known way and the 255 B-9 So. Bent Avenue • San Marcos, California 92069 744-3533 • 729-6955 LIC. #417802 submitted plot plan would appear to be only tentative, pending completion of further drawings to complete and prove the feasability of the submitted plan which is noted to have been prepared by the City of Carlsbad. 7. The Master Land-Use Plan, GPA-28A, dated 10-16-74 together with numerous amendments appears to supercede the Specific Plan No. 40 by establishing the R|Y)H Zone, Medium-High Density for the subject property. 8. Carlsbad's R-3 Multiple-Family Residential Zone, particularly Section 21.16.070, Maximum Allowable Density, also conflicts with and appears to supercede Specific Plan No. 40. 9. Specific Plan No. 40 indicates possible 9 units upon the subject property with only 9 covered parking spaces requiring additional tandem parking which is undisirable and 12" wide driveway which today is unacceptable to your department. 10. Ordinance No. 9222, related to the aforementioned ordinance no. 9221, appears to provide for future amendments to the Specific Plan and Zone Change in Section I. In view of the foregoing, together with the obviously extremely difficult task of securing the existing property owner's cooperation, we respectfully request that the requirements of paragraph 6 should not be imposed upon existing property owners and further amended so as to provide a way in which the proposed apartments for 1016 Laguna Dr. may be approved for development in accordance with the exist- ing R-3 Zone ordinance of the City of Carlsbad. Accordingly with all previous correspondance regarding the proposed apartments, an application for a Planning Commision Determination is scheduled to be submitted by April 6, 1983 for the following Commission ggenda. Your prompt attention to this matter will be appreciated to enable any required changes or additions to be included in our planned application. Sincerely, Harold W. Curry hwc: 1c LEGAL PROPERTY OWNERS OF PARCELS SET FORTH IN SPECIFIC PLAN NO. 40 YEAR 1982YEAR 1 NO. 1. 2. 3. 4. 5. 6. 7. 8. SOURCE: DATE: PREPARE 968 NAIVE Baldwin MclYlahon Brady Blacik Stumpf Buckner Bond Johnson San Diego PARCEL 155-272-14 155-272-15 155-272-17 155-272-10 155-272-11 155-272-12 155-272-13 155-272-16 County Assessor march 31, 1983 /"X i£«rrf2: Haro] ^y^x^u*!SJ^-*-* .d Ul. Curry ND. NAME PARCEL 1. Robert J. Shaparo 155-272-14 2. Herme. C. Aguire 155-272-15 3. Winners Inv. Group 155-272-17 4. Edward R. King 155-272-10 5. Chas. N. Trayer 155-272-11 6. Thos. J. Cottrell 155-272-12 7. Robt. A. Flanagan 155-272-13 8. Richard T. Gilbert 155-272-16 " EXHIBIT "A " '7 7 i t— - 1 i i i* i ^f.^>is/to [£47 '$£(& -o. _ JL, _ . .1 ^_ D•» <'SPECIFIC PLAN 40 00 DEVELOPMENTAL SERVICES LAND USE PLANNING OFFICE 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008-1989 (619) 438-5591 City of Cartstoab PUBLIC NOTICE OF PREPARATION PLEASE TAKE NOTICE: The Land Use Planning Office of the City of Carlsbad intends to prepare a Negative Declaration for the following project: Project Description: Specific Plan Amendment to rescind a Specific Plan. Project address/Location: West side of Interstate 5 between Laguna Drive and Knowles Avenue. Anticipated significant impacts: None. We need to know your ideas about the effect this project might have on the environment and your suggestions for ways the project could be revised to reduce or avoid any significant environmental damage. Your ideas will help us decide what issues to analyze in the environ- mental review of this project. Your comments on the environmental impact^of the proposed project may be submitted in writing to the Land Use Planning Office, 1200 Elm Avenue, Carlsbad, CA 92008, no later than May 12, 1983. DATED: April 21, 1983 CASE NO: SP-40(A) MICHAEL TJ APPLICANT: City of Carlsbad Land Use Planning Manager PUBLISH DATE: April 27, 1983 ND 3 5/81 DEVELOPMENTAL ff M ^ft 1200 ELM AVENUE SERVICES B \3Ry Q CARLSBAD, CALIFORNIA 92008-1989 LAND USE PLANNING OFFICE \^^J!^m <619) 438-5591 Cttp of Carlsimb NEGATIVE DECLARATION PROJECT ADDRESS/LOCATION: Westside of Interstate 5 between Khowles Avenue and Laguna Drive. PROJECT DESCRIPTION: Specific Plan Amendment to rescind Specific Plan 40. The City of Carlsbad has conducted an environmental review of the above described project pursuant to the Guidelines for Implementation of the California Environmental Quality Act and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, a Negative Declaration (declaration that the project will not have a significant inpact on the environment) is hereby issued for the subject project. Justification for this action is on file in the Land Use Planning Office. A copy of the Negative Declaration with supportive documents is on file in the Land Use Planning Office, City Hall, 1200 Elm Avenue, Carlsbad, CA. 92008. Comments from the public are invited. Please submit comments in writing to the Land Use Planning Office within ten (10) days of date of issuance. MICHAEL J>» HOIj2MCZLER DATED: April 29, 1983 CASE NO: SP-40(A) Land Use Planning Manager APPLICANT: City of Carlsbad PUBLISH DATE: April 30, 1983 ND-4 5/81 Carlsbad Journal Decreed a Legal Newspaper by the Superior Court of San Diego County 31 38 ROOSEVELT ST. • P.O. BOX 248 • CARLSBAD, CA 92008 • 729-2345 Proof of Publication STATE OF CALIFORNIA, ss 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 principal clerk of the printer of the Carlsbad Journal a newspaper of general circulation, published twice weekly in the City of Carlsbad, County of San Diego, State of California, and which newspaper is published for the dissemination of local news and intelligence of a general character, and which newspaper at all times herein mentioned had and still has a bona fide subscription list of paying subscribers, and which newspaper has been established and published at regular intervals in the said City of Carlsbad, County of San Diego, State of California, for a period exceeding one year next preceding the date of publication of the notice hereinafter referred to; and that the notice of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: NEGATIVE DECLARATION PROJECT ADDRESS/LOCA- TION: Westside of interstate 5 be- tween Knowles Avenue and LagunaDrive. PROJECT DESCRIPTION: Spe-cific Plan Amendment to rescindSpecific Plan 40. The City of Carlsbad has con- ducted an environmental review of the above described project pur-suant to the Guidelines for Imple- mentation of the California En- vironmental Quality Act and the Environmental Protection Ordi- nance of the City of Carlsbad. As a result of said review, a Negative Declaration (declaration that the project will not have a significant impact on the environment) is hereby issued for the subject proj- ect. Justification for this action is on file in the Land Use PlanningOffice. A copy of the Negative Declara-tion with supportive documents ison file in the Land Use Planning Office, City Hall, 1200 Elm Avenue. Carlsbad, CA. 92008. Comments from the public are invited. Please submit comments in writing to the Land Use Planning Office within ten (10) days of date of issuance. Dated. April 29, 1983 Case No: SP-40 (A) Applicant: City of Carlsbad MICHAEL J HOLZMILLERLand Use Planning ManagerCJ S311 April 30, 1983 2.Q.. 19.' 19. 19 19. 19. I certify under penalty of perjury that the foregoing is true and correct. Executed at Carlsbad, County of San Diego, State of California on the 30th day of April 1983 2M-4/82 Clerk of the Printer LOCATION MAP LAGUNA I ! ' I SP-40 (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 City Council Chambers, 1200 Elm Avenue, Carlsbad, California, at 7:00 p.m. on Wednesday, May 11, 1983, to consider approval of a specific plan amendment to rescind an existing specific plan on property generally located on the west side of Interstate 5 between Laguna Drive and Knowles Avenue and more particularly described as: Portion of Sunny Slope Tract, Map 486, and the north one- half of the northwest one-quarter of Section 7, Township 12 South, Range 4 West, San Bernardino Meridian. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. If you have any questions please call the Land Use Planning Office at 438-5591. CASE FILE: APPLICANT: PUBLISH: SP-40(A) CITY OF CARLSBAD April 30, 1983 CITY OF CARLSBAD PLANNING COMMISSION LOCATION MAP KNOIAJLES AVE. IAGUNA DR I SP-40 (A) DEVELOPMENTAL SERVICES LAND USE PLANNING OFFICE 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008-1989 (619) 438-5591 City of Cartetmb NEGATIVE DECLARATION PROJECT ADDRESS/LOCATION: Westside of Interstate 5 between Khowles Avenue and Laguna Drive. PPQJECT DESCRIPTION: Plan 40. Specific Plan Amendment to rescind Specific The City of Carlsbad has conducted an environmental review of the above described project pursuant to the Guidelines for Implementation of the California Environmental Quality Act and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, a Negative Declaration (declaration that the project will not have a significant impact on the environment) is hereby issued for the subject project. Justification for this action is on file in the Land Use Planning Office. A copy of the Negative Declaration with supportive documents is on file in the Land Use Planning Office, City Hall, 1200 Elm Avenue, Carlsbad, CA. 92008. Cormients from the public are invited. Please submit comments in writing to the Land Use Planning Office within ten (10) days of date of issuance. DATED: April 29, 1983 CASE NO: SP-40(A) APPLICANT: City of Carlsbad PUBLISH DATE: April 30, 1983 MICHAEL J;- HOLZMILLER Land Use Planning Manager ND-4 5/81 Carlsbad Journal Decreed a Legal Newspaper by the Superior Court of San Diego County 3138 ROOSEVELT ST. • P.O. BOX 248 • CARLSBAD, CA 92008 • 729-2345 Proof of Publication STATE OF CALIFORNIA, ss 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 principal clerk of the printer of the CdNsbdd Joumdl a newspaper of general circulation, published twice weekly in the City of Carlsbad, County of San Diego, State of California, and which newspaper is published for the dissemination of local news and intelligence of a general character, and which newspaper at all times herein mentioned had and still has a bona fide subscription list of paying subscribers, and which newspaper has been established and published at regular intervals in the said City of Carlsbad, County of San Diego, State of California, for a period exceeding one year next preceding the date of publication of the ,*% i«4bt<ia« notice hereinafter referred to; and that the notice of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: West,the Planning Commission of the City of Carlsbad will hold a public hearing at the City Council Cham- bers, 1200 Elm Avenue. Carlsbad, ,, California, at 7 00 p m on Wedne* * « •fay,. Hay 11. 1983. to consider approval of (^specific plan amend- «en'i|»'"j|gl«U1CTistTOspe«inc CMe f^^gp^A) onTh^tt^f^^^te^1 AW**"*- City of CarlsbadontSpllM^ftteAauiW^Sbe. fitt* 0* CAKUJJSAP i pirucute^ . »V*«W« dOMMJSSJON PSBion of Sunny «epe Tract.Map MR. and tte nortl) one-half ofUHS Jftnthwest one*«uarter of Sec-.«on 7. TowiMHta it SoujUi, Range 4 Mendtan wishing to speakare cordially ine public tearing,any questions, please " Use Planning Office April. .30.... 1°83- 19, 19 19, 19 I certify under penalty of perjury that the foregoing is true and correct. Executed at Carlsbad, County of San Diego, State of California on the 30th day of April 1983 '-ex Clerk of the Printer DEVELOPMENTAL Jg .Zl JHi 1200 ELM AVENUE SERVICES H^55r B CARLSBAD, CALIFORNIA 92008-1989 L>WD USE PLANNING OFFICE WHff-TM (619) 438-5591 City of Carlsbab PUBLIC NOTICE OF PREPARATION PLEASE TAKE NOTICE: The Land Use Planning Office of the City of Carlsbad intends to prepare a Negative Declaration for the following project: Project Description: Specific Plan Amendment to rescind a Specific Plan. Project address/Location: West side of Interstate 5 between Laguna Drive and Knowles Avenue. Anticipated significant impacts: None. T/fe need to know your ideas about the effect this project might have on the environment and your suggestions for ways the project could be revised to reduce or avoid any significant environmental damage. Your ideas will help us decide what issues to analyze in the environ- mental review of this project. Your comments on the environmental impact of the proposed project may be submitted in writing to the Land Use Planning Office, 1200 Elm Avenue, Carlsbad, CA 92008, no later than May 12, 1983. DATED: April 21, 1983 CASE NO: SP-40(A) MICHAEL APPLICANT: City of Carlsbad Land Use Planning Manager PUBLISH DATE: April 27, 1983 ND 3 5/81 Carlsbad Journal Decreed a Legal Newspaper by the Superior Court of San Diego County 3138 ROOSEVELT ST. • P.O. BOX 248 • CARLSBAD, CA 92008 • 729-2345 Proof of Publication STATE OF CALIFORNIA, ss 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 principal clerk of the printer of the CdHsbad Journal a newspaper of general circulation, published twice weekly in the City of Carlsbad, County of San Diego, State of California, and which newspaper is published for the dissemination of local news and intelligence of a general character, and which newspaper at all times herein mentioned had and still has a bona fide subscription list of paying subscribers, and which newspaper has been established and published at regular intervals in the said City of Carlsbad, County of San Diego, State of California, for a period exceeding one year next preceding the date of publication of the notice hereinafter referred to; and that the notice of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: PUBLIC NOTICE OF PREPARATION PLEASE TAKE NOTICE: The Land Use Planning Office of theCity of Carlsbad intends to prepare a Negative Declaration for the fol- lowing project: Project Description: Specific Plan Amendment to rescind a Spe- cific Plan. Project Address/Location: West side of interstate 5 between Laguna Drive and Knowles Avenue. Anticipated Significant Impacts: None. We need to know your ideas about the effect this project might have on the environment and your sugges- tions for ways the project could be revised to reduce or avoid any sig- vkuriieaafMlheipusdecidewhat issued <Panalyze in the environ- mental review of this project.Vour comments on the environ- mental impact of the proposed project may be submitted in writing to the Land Use Planning Office, 1200 Elm Avenue, Carlsbad, CA 92008, no later than May 12,1983. Dated: AprjU 21,1983 Case No: SP-W(A)Applicant: City of CarlsbadMICHAEL J. HOLZMILLER Land Use Planning Manager CJ W332. April 27.1983 April. .27. 19.8;?. 19 19. 19 19 I certify under penalty of perjury that the foregoing is true and correct. Executed at Carlsbad, County of San Diego, State of California on the 27th day of —April 1983 2M-4/82 Clerk of the Printer STAFF REPORT DATE: May 11, 1983 TO: Planning Commission FROM: Land Use Planning office SUBJECT: SP-40 - CITY OF CARLSBAD - Request for a specific plan amendment to rescind an existing specific plan on property located on the west side of Interstate 5 between Knowles Avenue and Laguna Drive in the R-3 zone. I. RECOMMENDATION *- It is recommended that the Planning Commission approve the negative declaration issued by the Land Use Planning Manager and ADOPT Resolution No. 2115, recommending the RESCISSION of SP-40 to the City Council based on the findings contained therein. II. PROJECT DESCRIPTION AND BACKGROUND The city is requesting approval of a specific plan amendment to rescind an existing specific plan located as described above and shown on Exhibit "A". The eight properties involved in this specific plan are presently occupied by older single family homes. The majority of the five larger parcels are being used for agriculture. Specific Plan 40 was originally approved by the City Council on November 6, 1968. The City Council Ordinance approving Specific Plan No. 40 did not have an expiration date, so the plan is still valid at the present time. Specific Plan 40 proposed a comprehensive development plan for all eight of the subject properties. The development proposed by SP-40 does not comply with the city's existing development standards for condominium or apartment projects. It appears that the purpose of SP-40 was to assure that necessary public improvements along Knowles Avenue and Laguna Drive would be provided when the subject properties were developed. The city now has a public improvements ordinance that assures all necessary public improvements will be provided when the subject property is developed. Staff has received a development proposal for an apartment project on two of the properties included in SP-40. As explained in the memo dated April 13, 1983, staff advised the applicant to get all of the other property owners together to apply for a specific plan amendment to rescind SP-40. The applicant was unable to get any cooperation from the other property owners. When these facts were considered by the Planning Commission at its meeting of April 13, 1983, the Commission directed staff to prepare this amendment rescinding SP-40. III. ANALYSIS Planning Issues 1. Will the rescindment of Specific Plan 40 be in conformance with the General Plan designation for the subject property? 2. Will the rescindment of Specific Plan 40 adversely effect the properties effected by SP-40 or adjacent to SP-40? Discussion The rescindment of SP-40 will allow the subject properties to develop in accordance with the General Plan designation for the subject properties and the existing development standards of the R-3 zone. The proposed Specific Plan amendment to rescind SP-40 will not adversely effect the properties within SP-40. Specific Plan 40 is nearly 15 years old and none of the property owners effected by SP-40 have shown any interest in developing per SP-40. All of the properties have changed ownership since SP-40 and many of the new property owners are unaware of the existence of a specific plan effecting their property. Staff believes that the properties could be developed more efficiently with a redesign that complied with the city's existing development standards. Also, the rescission of SP-40 will not adversely effect any adjacent properties. As mentioned previously, this rescindment would allow the properties to develop in accordance with the development standards of the R-3 zone. Any development other than single family residences on the properties covered by SP-40 would require the approval of the Planning Commission. In conclusion, staff feels that the proposed specific plan amendment to rescind SP-40 is consistent with the General Plan and will not adversely effect the subject properties or adjacent properties, therefore, staff recommends approval of SP-40. IV. ENVIRONMENTAL REVIEW The Land Use Planning Manager has determined that this project will not have a significant effect on the environment and, therefore, has issued a negative declaration on April 29, 1983. -2- ATTACHMENTS 1. Planning Commission Resolution No. 2115 2. Location Map 3. Background Data Sheet 4. Environmental Documents 5. Memo, dated April 13, 1983 6. Exhibit "A", dated April 4, 1983 MH/cs -3- BACKGROUND DATA. SHEET CASE NO: SP-40(A) APPLICANT: City of Carlsbad REQUEST AND LOCATION: Specific Plan Amendment to rescind SP-40 located west of Interstate 5 between Khowles Avenue and Laguna Drive. LEGAL DESCRIPTION: Portion of Sunny Slope Tract, Map 486 and the north half of the northwest, quarter of Section 6 Township 12 South Range 4 West. APN; 155-272-10-17 Acres 6.6 Proposed No. of Lots/Units 8 GENERAL PLAN AND ZONING Land Use Designation RMH Density Allowed 10 - 20 du/ac Density Proposed Existing Zone Proposed Zone Surrounding Zoning and Land Use: Zoning Land Use Site R-3 SFD North R-l SFD South R-l&R-P SFD East Freeway Freeway West R-l SFD PUBLIC FACILITIES School District Carlsbad Water Carlsbad SewerCarlsbad EDU' s Public Facilities Fee Agreement, dated ENVIRONMENTAL IMPACT ASSESSMENT X Negative Declaration, issued April 29, 1983 E.I.R. Certified, dated Other,