HomeMy WebLinkAbout1975-06-17; City Council; 3349-1; Appeal of the Planning Commission Denial of Preannexational Zone Change ZC-153 William CanningCITY OF CARLSBAD
AGENDA BILL NO. 3349 - Supplement ffl ' Initial:
Dept.Hd.
DATE:— : — C. Atty.
DEPARTMENT; Planning C. Mgr.
Subject:Appeal of the Planning Commission Denial of Hreannexational Zone Cnange
(ZC-153). (Planning Commission report back)
Applicant and Apellant: William Canning \ •
Statement of the Matter; Planning Commission heard the request on April 8, 1975
and denied without prejudice because Public Facilities were not satisfied. The request
was for a change from County E-l-A to City RD-M on 13.9 acres easterly of El Camino
Real and approximately 2500 ft. north of Alga Road. The appeal was heard by City
Council on May 6, 1975 and Council concurred with staff's original recommendation of
a zone change to P-C Zoning and returned this to the Planning Commission.
Planning Commission heard the request again on May 27, 1975 and satisfied that Public
Facilities had now been met or could be met, did affirm City Council's and staff's
recommendation of a. P-C Zone.
The Planning Commission is now recommending approval of preannexational zone change
(ZC-153) to P-C Zone for reasons outlined in staff's report dated April 8, 1975.
Exhibits: Staff Report dated May 27, 1975
Staff Report dated April 8, 1975
Leucadia County Water District Resolution No. 488
Recommendation: Staff recommends that ZC-153 be approved to P-C Zone for the reasons
outlined in Planning Commission Staff Report dated April 8, 1975. If the City Council
concurs with the Planning Commission recommendation, the Council should direct the
City Attorney to prepare the necessary documents.
Council Action: -
6-17-75 The Council concurred with staff recommendation to approve ZC-153
to P-C Zone for reasons outlined in Planning Commission Staff
Report dated April 8, 1975, and the City Attorney was directed
to prepare the necessary documents. . •
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MEMORANDUM
May 27, 1975
TO: PLANNING COMMISSION
FROM: PLANNING DEPARTMENT
SUBJECT: ZONE CHANGE 153 - WILLIAM CANNING
The Planning Commission denied without prejudice the Canning Zone Change
request on April 8, 1975, because of failure to meet the City's Public
Facilities Policy. The application was appealed to the City Council.
The Council granted the appeal based on new evidence provided by Leucadia
County Water District that sewer service would be available for the
project.
The matter has not been returned to the Planning Commission for study.
Since the issue with sewer facilities has been resolved, it is now approp-
riate for the Planning Commission to make a recommendation on zoning of
the property. Staff believes that the recommendation of P-C zoning as
outlined in the April 8 staff report should be approved.
Recommendation: That the Planning Commission forward a memorandum to
the City Council recommending that the P-C zone be approved for the property,
based on the justification contained in the April 8 staff report.
DH/br - 5/23/75
ATTACHMENT: Staff Report, April 8, 1975
\
CITY OF CARLSBAD
Planning Department
STAFF REPORT
April 8, 1975
TO: THE PLANNING COMMISSION
FROM: THE PLANNING DEPARTMENT
REPORT ON: ENVIRONMENTAL IMPACT REPORT 283
ZONE CHANGE 153
APPLICANT: JOHN MAMAUX, FOR
WILLIAM CANNING, C.W.C. DEVELOPMENT
1130 Industrial Avenue
Escondido, California 92025
I- REQUEST: The applicant is requesting certification of an Environmental
Impact Report and approval of a preannexational Zone Change from County
E-l-A to RD-M on a 13.9 acre site located on the east side of El Camino
Real approximately 2500 ft. north of Alga Road.
II. RECOMMENDATION:
A. On the Environmental Impact Report: Staff recommends that EIR 283
be CERTIFIED based on the following justifications:
1) The Environmental Impact Report adequately states the impacts,
mitigations and alternatives to the proposed project as required
by CEQA and the Carlsbad Environmental Protection Ordinance;
2) The Environmental Impact Report has been properly noticed for
public review and circulated to all affected agencies, whose
comments have been included in the Final EIR.
B. On the Zone Change: Staff recommends that ZC-153 requesting a Zone
Change to RD-M be DENIED and that instead a P-C zone be APPROVED
for the property. Justification for this is based on:
The P-C Zone will allow coordination of open space systems
with the-San-Diego Gars and Electric Company easement.
2)
3)
The P-C Zone would also allow development of the property to be
coordinated with property to the east and north.
The P-C Zone would allow greater flexibility in designing with
special treatment areas such as El Camino Real or the archeological
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4) The P-C Zone will promote a smoother transition from the
subject property to the higher density area to the south.
The plot plan for the zone change is identified as Exhibit A, dated
February 28, 1975.
III. BACKGROUND:
A. Location: On the east side of El Camino Real approximately 2500 ft.
north of Alga Road.
B. Legal Description: Parcel A, West Half of N. E. Quarter, Survey 26,
Township 12 South, Range 4 West, San Bernardino Meridian, County
of San Diego.
C. Site Description: The site is generally flat, cut by a minor canyon
along the southeast boundary. The southern property boundary coincides
with a 200 ft. wide San Diego Gas and Electric Company easement.
Most of the property has been cultivated in the past. Because of
this, most remnants of the coastal sage native vegetative community
have been removed. A more detailed site description is contained
in the EIR.
D. Project Description: The project entails certification of an EIR
and prezoning of the property. In order to preclude creation of a
county island, the subject property is being included in a proposed
annexation with the Cal Pacific properties to the south, which the
City recently prezoned to RD-M and C-l. At LAFCO's request, the City
has included both properties in the EIR.
E. Zoning: Subject Property: County E-l-A
North: P-C
South: RD-M (prezoning)
East: P-C
West: County E-l-A
F. Surrounding Land Use: The site is surrounded by vacant property on
the north, south and east and by El Camino Real to the west. The
"Kratter" property abuts the site on the eastern and northern boundaries
and the Cal Pacific RD-M property abuts it to the south.
G. General Plan Recommendation: The General Plan Land Use Element shows
the property as residential low-medium density at 0-4 dwelling units
per acre. This density is consistent with either the P-C or R-l Zone.
The Housing Element recommends clustering residential units, providing
contiguous open space and encouraging design flexibility. For this
reason, Staff is recommending that the P-C Zone be employed on the
property. The P-C Zone will allow an open space system to be coordinated
with the San Diego Gas and Electric easement. It will also allow design
flexibility in clustering units and increasing setbacks from El Camino
Real. The Specific Plan process, as applied through the P-C Zone,
can be used in regulating design of the project to protect and enhance
the scenic and historic character of the El Camino Real corridor.
r , -3-
H. Env 1 ronmen tal Impact Requ i rements : The City prepared EIR for the
project has been attached to this report. The EIR anticipates the
potential impacts of the project should it be developed at the
maximum density allowed by the General Plan. The mitigation measures
proposed in the EIR were intended as guidelines for future development
of the project, and the alternatives section examines potential
development schemes which could be utilized. At such time a
development proposal is submitted to the City, the original EIR
should be supplemented as follows:
1. The relationship of the project to the mitigations and alternatives
contained in the original EIR should be discussed in detail;
2. The specific impacts of the project should be discussed and
analyzed, and new mitigations should be proposed accordingly.
The EIR does stress several issues:
1. The relationship of the property to El Camino Real, in terms of
noise, traffic circulation and scenic/historic quality;
2. The existence of an exceptional archaeological site on the
property;
3. The need to regulate future development with respect to service-
ability, need and environmental quality
I. Pub! i c Fac i 1 i ti es Pol i cy : The City has received a letter from the
Carlsbad Municipal Water District stating their ability to serve
the project. However, no written assurances have been provided by
either the Leucadia County Water District or Carlsbad Unified School
District. In the event that these agencies are unable to provide
evidence that they will be available to service the project, the
Planning Commission cannot approve the application. Staff recommends
that, if public facilities letters are not available at the time of
hearing, the project be continued.
IV. MAJOR PLANNING CONSIDERATION: The major consideration is the appropriateness
of the zone alternatives. The RD-M Zone as requested by the applicant is
not appropriate because it conflicts with the General Plan. The R-l Zone,
while being consistent with Land Use Element density recommendations, does
not afford the flexibility to increase setbacks from El Camino Real and
provide design continuity with adjacent properties.
Two alternatives do appear to be acceptable: the P-C Zone and the L-C
Zone. The L-C Zone would allow the property to be annexed with an interim
holding zone and could conceivably reduce economic pressure to develop the
property prematurely. The P-C Zone is, in Staff's opinion, the best
alternative in meeting the needs of both the applicant and the City.
Future development can be regulated through the Specific Plan process.
The City can ensure through the Specific Plan compatibility of the project
to the goals and recommendations of the future Noise and Scenic Highways
Elements and the existing Housing and Open Space and Conservation Elements.
The applicant, in turn, can proceed with a similar concept as he might have
desired through the RD-M Zone.
s*' x • -4-
v.
V- DISCUSSION OF SPECIFIC ITEMS:
A. Annexation: The property is being included in the Cal Pacific
annexation (30 acres at Alga Road and El Camino Real) at the request
of the City. The City's adopted annexation policy requires con-
solidation of properties to be annexed, and elimination of County
islands. Without the inclusion of the Canning property in the
annexation, these requirements cannot be met.
B. Archaeology: Since the time the EIR was written, Staff has toured
the site with Ron May, an archaelogist from San Diego County, who
is familiar with Site W-110. It was the opinion of Mr. May that
disruption from cultivation was minimal and that significant
archaeological resources do exist on the site.
A large amount of shell midden, hearth stones and hand tools exist
on the surface of the site. The soil color is dark, indicating high
levels of organic material (introduced by resident cultures) in the
soil. It is also felt that a number of La Oollan burials are present
on the site.
Thorough investigation of this site will be necessary in order to
mitigate adverse impacts. Mr. May concurs with Staff that this need
not occur until a development proposal is submitted.
(Note: The archaeological site map contained in your preliminary EIR
is not general public information. Most archaeological professional
groups discourage disclosure of exact locations of archaeological sites
in order to prevent amateur "pot hunters" from ruining stratification
or taking artifactual materials.)
SDH/br - 4/3/75
ATTACHMENTS:
Preliminary EIR
Plot Plan, Exhibit A, 2/28/75
Letter from Carlsbad Municipal Water District
S
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RESOLUTION NO. 488
RESOLUTION OF THE BOARD OF DIRECTORS OF
LEUCADIA COUNTY WATER DISTRICT AMENDING
RESOLUTION NO. 349 WITH REGARD TO SERVICE
AREA BOUNDARIES BETWEEN THE DISTRICT AND
THE CITY OF CARLSBAD
WHEREAS, this District approved and adopted Sewer Service
Area Boundaries between the Leucadia County Water District and the City
of Carlsbad on March 13, 1971 pursuant to Resolution No. 349 and; -
WHEREAS, this District wishes to amend said Sewer Service
• -' - ' . . -'. *'",' .':"".."• ^ - -•'.'"'"' " ••-"*'.
Area Boundaries; ' •",.-.'-'• V; " - •
NOW, THEREFORE, IT: IS HEREBY RESOLVED by the Board of -
Directors of the Leucadia County Water District that the Sewer Service
Area Boundaries between the Leucadia County Water District and the City
of Carlsbad are hereby amended as depicted on the map dated May 9, 1975,
marked Figure Land attached hereto as Exhibit A. : V:
PASSED AND ADOPTED at a regular meeting of the Board of
Directors of Leucadia County Water District held May 8, 1975.v. • . / • • . " ..•--' -..••••/XAYES: Directors Henning, Lash, Henry, Van Sickle and Law
NOES: None " ~
ABSENT: NONE - ; -
President
ATTEST:
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(SEAL)
Secretary
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CERTIFICATE OF SECRETARY
STATE OF CALIFORNIA )
) S3.
COUNTY OF SAN DIEGO) '
I,-RICHARD E. HANSON, Secretary of the Board of
Directors of Leucadia County Water District DO HEREBY CERTIFY
that the above and foregoing'is a full, true and correct copy of
Resolution No.y«^<9 of said Board, and that the same has not been
amended or repealed.
Dated:
'—• f -r—-^- I" ™fal* * jJ-. —.frg-a—Ji^^Bj-^^y^
Secretary of Leucadia Countywater
District and of the Board of Directors
thereof
\
CERTIFICATE OF SECRETARY
STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN DIEGO)
I, -RICHARD E. HANSON, Secretary of the Board of
Directors of Leucadia County Water District DO HEREBY CERTIFY
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that the above and foregoing vis a full, true and correct copy of
Resolution. No.V38 of said Board, and that the same has not been
amended or repealed.
Dated:
Secretary of Leucadia County^/Vater
District and of the Board of Directors
thereof