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HomeMy WebLinkAboutZC 305; Robertson; Zone Change (ZC)APPLICATION GJZone Change (^General Plan Amendment DTentative Tract Map DPlanned Unit Development DMajor Condominium Permit QMinor Condominium Permit DMaster Plan - DMajor Condominium Conversion QMajor Redevelopment Permit (check other boxes if appropriate) DMinor Redevelopment Permit DPrecise Development Plan DSpecif ic Plan QSite Development Plan OConditional Use Permit D Variance O Planning Commission Determination DSpecial Use Permit DAdministrative Variance Pre-annexational zone change and General Plan Amendment. Change of zone from A-l(8) County to C-2-0 Citv of Carlsbad. GPA from RM (medium C (Community Commercial) location of Pro3ect SOUTHEAST CORNER OF EL CAMINO REAL & TAMARACK AVENUE Legal Description (complete) Portion of 208-010-32 (see attached) Assessors Parcel Number Zone A-l(8)County General Plan RM and .RLM (Med.Den) & (Low Med.Deit) Existing Land Use Undeveloped Proposed Zone C-2-Q Proposed General Plan C (Community Coiranercia Site Acreage ) Approx/^19 acres^jjgross) Owner Applicant Name (Print or Type) Virginia K. Robertson Virginia K. Robertson Trustee U.D. Name (Print or Type) James M. Hicks Mailing Address 4656 El Camino Real dated 10-8-'Mailing Address 6994 El Camino Real Suite #208 City and State Carlsbad, CA. Zip Telephone (619) 92008 729-2048 City and State Carlsbad, CA. Zip Telephone(615) 92008 438-2017 I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. I CERTIFY THAT I AM THE OWNER'S REPRESENTATIVE AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. SIGNATURE DATE APPLICANT DISCLOSURE FORM In order to assist the members of the Planning Commission and City Council to avoid possible conflicts of interest, all appli- cants are required to complete this disclosure form at the time of submitting their application. When this form has been com- pleted and signed, the information will be relied upon by them in determining if a conflict may exist, so please ensure that all of the information is completed and accurate. If at anytime before a final action on your application has been rendered, any of the information required by this disclosure changes, an amendment reflecting this change must be filed. If the applicant is an individual/ or a partnership (either gen- eral or limited) or a joint venture, please state the full name, address and phone number of each person or individual (including trusts) who own any beneficial interest in the property which is the subject of this application. Should one or more parties to the application be a partnership or joint venture, then please state the full legal name of the partnership or joint venture, its legal address and the name and address of each individual person who is a general and/or limited partner or member of the joint venture. Should one or more of the parties be a privately held corporation (10 shareholders or less) or a real estate syndication, then please state the state of incorporation or syndication, corporate number, date of incorporation or syndication, corporate or syn- dicate address, and the full names and addresses of each individual shareholder or syndicate member. Should the corpor- ation be a publically held corporation, then state the full name and address of the corporation, the place of its incorporation, number of shareholders, and the name and address of the officers of the corporation. Should you feel that additional information needs to be provided in order to provide a full disclosure, please include it. If after the information you have submitted ftas been reviewed, it is determined that further information ' required, you will be so ad' ~-ed. APPLICANT: James M. Hicks (Individual! Name (individual, partnership, joint venture, corporation, syndication) 6994 El Camino Real Suite #208 Carlsbad, Cal. 92008 Business Address 438-2017 Telephone Number AGENT:SAME Nan« Business Address Telephone Number MEMBERS:NOT APPLICABLE Name '(individual, partner, joint venture, corporation, syndication) Borne Address Business Address Telephone Number Telephone Number Home Address Business Address Telephone Nuaber Telephone Suraber (Attach more sheets if necessary) I/We declare under penalty of perjury that the infcreation contained in this dis- closure is true and correct and that it will remain true and correct and raay be' relied upon as being true and correct until amended. James M. Hicks Agent, Owner, Partner STATEMENT OF AGREEMENT TENTATIVE SUBDIVISION MAP CITY OF CARLSBAD The Subdivision Map Act and the Carlsbad Municipal Code sets a fifty (50) day time restriction on Planning Commission processing of Tentative Maps and a thirty (30) day time limit for City Council action. These time limits can only be extended by the mutual concurrence of the applicant and the City. By accepting applications for Tentative Maps concurrently with applications for other approvals which are prerequisites to the map; i.e., Environmental Assessment, Environmental Impact Report, Condominium Plan, Planned Unit Development, etc., the fifty (50) day time limits and the thirty (30) day time limits are often exceeded. If you wish to have your application processed concurrently, this agreement must be signed by the applicant or his agent. If you choose not to sign the statement, the City will not accept your application for the Tentative Map until all prior necessary entitlements have been processed and approved. The undersigned understands that the processing time required by the City may exceed the time limits, therefore the undersigned agrees to extend the time limits for Planning Commission and City Council action and fully concurs with any extensions of time up to one year from the date the application was accepted as complete to properly review all of the applications. Signature ^> Date James M Hi f Teg Agent ^Name (Print)Relationship to Application (Property Owner-Agent) FORM; PLANNING 37. REVISED 3/80 CASE NO.: 21 G ~ APPLICANT: DATE RECEIVED: ENVIRONMENTAL EXEMPT OR EXCEPTED: Posted: Filed: Prior Cootpliance:Published: Filed: NEGATIVE DECLARATION: Posted:Published: ENVIRONMENTAL IMPACT REPORT: Notice of Preparation: Notice of Completion: Notice of Determination: Notice of Determination: PLANNING COMMISSION 1. Date of Hearing: 2. Publication: f0 - 3. Notice to Property Owners: 4. Resolution No. (Continued to: 5. Appeal: Date :ACTION : CITY COUNCIL 1. Date of Hearing: 2. Notices to City Clerk: 3. Agenda Bill: 4. Resolution No. 5. Ordinance No. '• / 1 ACTION : Date: CORRESPONDENCE Staff Report to Applicant: Resolution to Applicant: U.ilSBAD PALISADES HOMEOWNERS ASL June 22, 1984 LAND USE PLANNING OFFICE CITY OF CARLSBAD 1200 Eltf AYE. CARLSBAD, CA. 92008 Gentlemen t We represent the Carlsbad Palisades Homeowners and would like to voice our OBJECTIONS to the proposed zoning cha~nger on "Robertson land" at the southeast corner of Tamarack and El Camlno Real. Change to Commercial Zoning is OPPOSED for the following reasons: (1) Our homes are above and directly overlooking whatever is planned for thxs area. The NOISE, TRAFFIC, LIGHTS, ETC. which always accompany commercial locations would decrease the value and desirability of our entire area. (2) "Need for additional Commercial Location" — This area is l./f miles south of the new San Diego Bank & Trust Bldg. and its adjoining vacant com- mercial land and the El Camino Plaza Shopping area. There are many vacant retail locations in the Plaza area, and many that appear in dire need of additional customers. The proposed re-zoning would only farther dilute the present business which would normally go to this professionally planned business center. Also, there is a commercial location only one block south of the Robertson Property. Already available here are a grocery store, res- taurant, travel agency, beauty shop, nursery and green house, and liquor store, It is a traffic hazard due to its entrance and exit on El Camino Real, but it does serve the needs of the area. (3) Traffic - Your proposal addressed some of the traffic problems list- ing the proposed extension of Kelly Street and the installation of a traffic signal at the corner of Kelly and El Camino Real. Children from this whole area attend Kelly Elementary School. Presently, there is a crossing guard on duty every morning and afternoon to assist children across El Camino Real at this busy intersection. It is an extremely dangerous situation now, and would be doubly so with Commercial traffic and confusion added! Please accept this letter in lieu of a signed petition, as your notification letters did not give us time to prepare and circulate same. We trust our OBJECTIONS to this zoning change will be given serious consideration by the Planning Commission. CARLSBAD PALISADES HOMEOWNERS ASSN. ^Lks* APPLICATION SUBMITTAL DATE; FEBRU ~^Y 27, 1984 BM- DATE: TO: FROM: SUBJECT: I. STAFF REPORT June 27, 1984 Planning Commission Land Use Planning Office GPA/LU 84-4/ZC-305 - ROBERTSON - Request for approval of a general plan amendment from RM and RLM to C and a preannexational zone change to C-2-Q on the southeast corner of Tamarack Avenue and El Camino Real. RECOMMENDATION It is recommended that the Planning Commission APPROVE the Negative Declaration issued by the Land Use Planning Manager and ADOPT Resolution Nos. 2314 and 2315, recommending APPROVAL of GPA/LU 84-4 and ZC-305, based on the findings and subject to the conditions contained therein. II.PROJECT DESCRIPTION The applicant is requesting approval of an amendment to the Land Use Element of the General Plan to revise the designation from RM (Residential Medium Density, 4-10 du's/ac) and RLM (Residential Low-Medium Density, 0-4 du's/ac) to C (Community Commercial) and Preannexational Zoning of C-2-Q (General Commercial with a Qualified Overlay zone) for approximately 19 acres, located as described above. The project site is roughly triangular in shape, fronting on both El Camino Real and Tamarack Avenue. Kelly Drive forms a T- intersection with the west side of El Camino Real. This is a planned signalized intersection. Kelly Drive will, most likely, be extended across El Camino Real to create a T-intersection with Tamarack Avenue (please see Exhibit Y). The subject property would then be surrounded on all three sides by streets. The project site is currently in the County, but contiguous to Carlsbad City boundaries to the north and west. The property is vacant with the exception of a fruit stand. The site is traversed by SDG&E transmission lines running southwest to northeast at the easterly portion of the property. The subject property is slightly depressed below El Camino Real and approximately 5-10 feet below Tamarack Avenue. The site is topographically defined by rising bluffs to the southeast. This upper area is designated for residential low-medium development. III. ANALYSIS GPA/LU 84-4 Planning Issues 1) Is the proposed Community Commercial designation appropriate for the site? 2) Is there a need for Community Commercial facilities at this location? Discussion Staff believes that the proposed Community Commercial designation is appropriate for the site, that there is a need for commercial facilities in this area and that the proposed site is the most appropriate for such facilities. The Land Use Element of the General Plan describes Community Commercial establishments as providing a wide range of facilities for retail trade, convenience goods, services and professional office uses. Community commercial centers traditionally support supermarkets, restaurants, banks, financial and professional services. The Land Use Element states that easy access to a relatively large area and population is required and that the intersection of arterial streets is a common location. Six to twelve acres of land is normally required. The subject property is located at the intersection of a prime arterial, El Camino Real and a secondary arterial, Tamarack Avenue. The project site would be surrounded on all sides by public streets, affording easy access. The site is adequate in size and shape to accommodate commercial development. Approximately 19 acres are included in the request. This should be adequate area to accommodate development of the center, Kelly Drive and any necessary drainage improvements. Although SDG&E easements would constrain development of portions of the site, staff believes that adequate area would still exist to provide appropriate commercial facilities. Staff also believes that the proposed commercial establishment would be compatible with surrounding land uses. The proposed extension of Kelly Drive would skirt the bluff bordering the southeast portion of the property. The streets and bluffs would serve as a buffer between the proposed commercial development and future residential units. Additionally, noise generated from adjoining streets would not create severe impacts on a commercial development as it might on residential development. -2- Staff believes that there is a need for commercial facilities in this area. The Land Use Element suggests that Community Commercial facilities be located to serve a market area up to 1 1/2 mile radius, containing 5,000 to 15,000 families. The site is in excess of 1 1/2 miles from any existing or planned community commercial centers. Demographics, submitted by the applicant, indicated 3,000 families living within a one mile radius in 1983. Since that time, further growth has occurred in the vicinity. One hundred thirty-five units are currently under construction in the Carlsbad Palisades project. The Tamarack Pointe project, proposing 377 units, was recommended for approval at the last Planning Commission meeting. Also, spacing commercial nodes at reasonable distances along El Camino Real will discourage the continuance of strip commercial development from existing commercial centers. The closest existing commercial designations on the General Plan are the Country Store to the south, a future area (20 acres) to the south at El Camino Real and College Avenue, and a future area (10 acres) in the Calavera Hills Master Plan area. It is staff's opinion that the project site is appropriate for Community Commercial development, that it would be compatible with surrounding land uses and that area growth will support a commercial use. IV. ANALYSIS ZC-305 Planning Issues 1) Is the proposed zone consistent with the General Plan? 2) Is the zone appropriate for the site? Discussion The proposed C-2-Q, General Commercial, zone would be consistent with the C, Community Commercial, land use designation. Typical Community Commercial uses, as discussed previously, are all permitted in the C-2 zone. Staff has a concern, however, with the C-2 zone on this site since this zone allows service type uses that may not be compatible at this location (e.g. auto repair shops). Staff believes the C-1 zone is more compatible and would allow the types of uses in mind by the applicant. Staff, therefore, would recommend approval of the C-1-Q zone on this property. The site is suitable in size and shape to accommodate uses permitted in the C-1-Q zone. As discussed earlier in this report, topographic and physical features would buffer the proposed use from future residential uses. -3- Staff also believes that a future street system will be adequate to accommodate uses permitted in the C-1-Q zone. The applicant has submitted a traffic impact report which was reviewed by the City's traffic consultant. This report indicates that traffic impacts at this intersection would not be significant given a well designed circulation system for any future development. Engineering staff has minor concerns regarding impacts on Pontiac Drive/ however, it believes that mitigation can be achieved through roadway and site design. Staff believes that the Qf Qualified Overlay, zone will ensure future mitigation of these concerns. Overall, staff believes that the C-1-Q zone is consistent with the General Plan, appropriate for the site and provides for future review to ensure quality design and mitigation of potential impacts. V. ENVIRONMENTAL REVIEW The Land Use Planning Manager has determined that this project will not have a significant impact on the environment and, therefore, has issued a Negative Declaration on June 12, 1984. ATTACHMENTS 1) Planning Commission Resolution Nos. 2314 and 2315 2) Location Map 3) Background Data Sheet 4) Disclosure Form 5) Exhibit "X", dated June 27, 1984 6) Exhibit "Y", dated June 27, 1984 7) Exhibit "Z", dated June 27, 1984 8) Environmental Documents CDN:bw 6/15/84 -4- ^OCATION MAF 'THE COLONY1 A-KCo.) RLM SITE ZONE-A-KCo.) to CKQ) GENERAL PLAN-RM/RLM to C PC RM/RLM ZC-305 ROBERTSON GPA/LU 84-4 BACKGROUND DATA SHEET CASE NO: GPA/LU 84-4/ZC-305 APPLICANT: Robertson REQUEST AND LOCATION: General Plan Amendment from RM and RLM to C and a Pre- annexational zone change to C-2-Q on the southeast corner of Tamarack Avenue and El Camino Real. LEGAL DESCRIPTION: Portions of Lots "E" and "I" of Rancho Agua Hedionda, according to Map thereof No. 823, filed in the Office of the County Recorder November 16, 1896. APN: Portion of 208-010-32 Acres 19 Proposed No. of Lots/Units N/A GENERAL PLAN AND ZONING Land Use Designation RM/RLM Density Allowed 4-10, 0~4 du's/ac Density Proposed N/A Existing Zone County Proposed Zone C-2-Q (staff proposed C-1-Q) Surrounding Zoning and Land Use: Zoning Land Use Site County Vacant North P-C/R-1 Vacant/SFRS South County Vacant East County Vacant West P-C SFRS (under Construction) PUBLIC FACILITIES School District Carlsbad Water Carlsbad Sewer Carlsbad EDU's — Public Facilities Fee Agreement, dated February 15, 1984 ENVIRONMENTAL IMPACT ASSESSMENT X Negative Declaration, issued June 12, 1984 E.I.R. Certified, dated Other, If after the information you nave submitted nas fceen reviewed, it is determined that further information is required, you will be so advised. APPLICANT: James M. Hicks (Individual) Name (individual, partnership, joint venture, corporation, syndication) J5994 El Cam'ino Real Suite #208 Carlsbad, Cal. 92008 Business Address 438-2017 Telephone Number AGENT:SAME Nam* Business Address Telephone Number MEMBERS:NOT APPLICABLE Name -(individual, partner, joint venture, corporation, syndication) Home Address Business Address Telephone Number Telephone Number Name Home Address Business Address Telephone Number Telephone Somber (Attach more sheets if necessary) declare under penalty of perjury that the information contained in this dis- closure is true and correct and that it will remain true and correct and may be' relied upon as being true and correct until amended. James M. Hicks BY Agent, C-vner, Partner ..OCATION MAF EXHIBIT X 6-27-84 •THE COLONY' A-1(Co.) RLM SITE ZONE-A-KCo.) to CKQ) GENERAL PLAN-RM/RLM to C ZC-305 ROBERTSON GPA/LU 84-4 -OCATION MAf EXHIBIT Y 6-27-84 "THE COLONY* SITE ZC-305 ROBERTSON GPA/LU 84-4 ROBERTSON EXHIBIT Z 6-27-84