HomeMy WebLinkAbout1975-10-21; City Council; 3496; Request to Rezone Certain Parcels of Land to O-S, O-S (F-P, P-U, P-M , F-P) and RDM to Insure General Plan Zoning Ordnanance Consistency Case No ZC 168CITY OF CARLSBAD
Initial:
AGENDA BILL NO. JV % '
Dept. Hd.
DATE: October 21, 1975 .. .c_.^ l\tty_\
DEPARTMENT: PLANNING
City Mgr.
SUBJECT: Request to rezone certain parcels of land to 0-S, 0-S(F-P, P-U, P-M
P-M(F-P) & RD-M to Insure General Plan/Zoning Ordinance Consistency -
Case No. ZC-168 ,<"•*
Statement of the. Matter: The Planning Commission after Public Hearing on
" September"24, 1975, is recommending approval for rezoning of twenty nine (29)
parcels of land to various zone categories in order to assure General Plan/Zoning
Ordinance consistency.
This is the third zone change in the City's "consistency".rezoning program.
Already completed are the Open Space and Flood Plain rezonings. The location of
the subject properties and the proposed zones are shown on Exhibits 1 through 13
attached hereto.
The Planning Commission is recommending approval for reasons outlined in
Planning Commission Resolution no. 1193.
EXHIBITS:
Memorandum to the City Manager dated 10-10-75
Planning Commission Resolution No. 1193
Planning Department staff report dated 9-24-75
Exhibits 1 through 13
RECOMMENDATION: If the City Council concurs with the findings and recommendations
of the Planning Commission as outlined in Planning Commission Resolution No. 1193,
it is recommended that the City Attorney be instructed to prepare the necessary documents.
The Planning Director has suggested in his memo to the City Manager,
dated October 10, 1975 under Section C, that there are two parcels
which are recommended for P-U but might more appropriately_be
zoned P-M. This alternative was not presented to the Planning
Commission.
If Council concurs that this warrants further consideration, the
matter should be referred back to the Planning Commission to consider
the alternative mentioned regarding the two parcels noted.
Council Action: Oct. 21, 1975 - Item B of Memorandum dated Oct. 10, 1975
regarding 17 parcels of land proposed to be rezoned from M to P-M be referred
back to the Planning Com. for further consideration and the comments of the
Council be relayed to the Plan. Com. for inclusion in their review. Also that
Exhibits 3 and 10 under Item C of the above referenced Memorandum regarding
parcels of land owned by CMWD and the State of California Road Maintenance Station
be referred back to Plan. Com. for review and comment. It was further moved that
Items A aind D and Exhibits 7 and 8 under Item C be referred to the City Attorney
for preparation of the documents necessary for approval of the proposed zone
changes.
MEMORANDUM
October 10, 1975
TO: CITY MANAGER
FROM: PLANNING DIRECTOR
SUBJECT: ADDITIONAL INFORMATION ON ZC-168
There are some sixty parcels of land within the City which are termed inconsistent.
Several of these are "density inconsistencies", i.e., current zones allows a
higher density than the density permitted by the General Plan. As the various
residential zone ordinances are being revised these inconsistencies will be
eliminated without need of rezoning.
This zone change proposal encompasses 29 different parcels of land which can be
grouped into four different categories:
(a) Six parcels of land which were not previously rezoned to Open Space
(0-S) Zone.
(b) Seventeen parcels of land are proposed to be rezoned from Industrial
(M) to Planned Industrial (P-M) zones (consistent with City Council
policy to "phase out" the use of M zone entirely).
(c) Five parcels of land are proposed to be rezoned to Public Utility (P-U)
zone:
Parcels 211-03-06, 08 (Exhibit 7) and 214-01-08 (Exhibit 8) are owned
and developed by the Encina Water Pollution Control District.
Parcels 209-05-17 (Exhibit 3) and 211-05-08 (Exhibit 10) are the CMWD
and State of California Road Maintenance Station respectively. Due to
their location adjacent to land which is now zoned Planned Industrial
(P-M) and the similarity between the P-U and P-M zone, P-M zoning
can be considered as an alternative "consistent" zone by the City
Council leaving only the SDG&E and Encina Water Treatment Plant as
pure public utility land use categories requiring a P-U zone.
(d) One parcel of land is proposed to be rezoned from Industrial (M) to
Residential Density - Multiple (RD-M) since this land is developed
with the Solamar Mobile Home Park and the General Plan designates
this area as Medium-High Density (10-20 DU/acre) land use.
It should be also noted that the Planning Commission upon request of San Diego
Gas and Electric Company, continued the public hearing on the rezoning of parcels
206-07-6 (land to the north of the Agua Hedionda Lagoon (Exhibit 1) west of
Garfield Street) and parcel 210-01-31, Exhibit 4, (located adjacent and west of
Interstate 5 and north of Cannon Road - owned by the Japatul Corporation), to
December 10, 1975.
to possibly be considered as part of a new Specific Plan which San Diego Gas
and Electric may be submitting to the City in the near future.
Donald A. Agatep
PLANNING DIRECTOR
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PLANNING COMMISSION RESOLUTION NO, 1193
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, SETTING FORTH ITS FINDINGS AND
RECOMMENDATIONS RELATIVE TO REZONING OF CERTAIN
PROPERTIES TO OPEN SPACE (0-S), PUBLIC UTILITY (P-U),
PLANNED INDUSTRIAL (P-M) AND RESIDENTIAL DENSITY -
MULTIPLE '(RDM) ZONES.
CASE NO: ZC-168
WHEREAS, the Planning Commission did on the 24th day of September, 1975,
hold a duly noticed public hearing as prescribed by law to consider the
rezoning of certain properties to 0-S, P-U, P-M and RDM Zones to assure
General Plan/Zoning Ordinance consistency; and
WHEREAS, the subject Zone Change has complied with the requirements
of the City of Carlsbad "Environmental Protection Ordinance of 1972"; and
WHEREAS, at: said public hearing, after the testimony and arguments,
of all persons who desired to be heard, said Commission considered all
the factors relating to the Zone Change and found the following facts and
reasons to exist:
A) This Zone Change is justified because it will implement the Goals
and .objectives of the Land Use Element and will provide the
mandatory consistency between the General Plan and Zoning
Ordinance.
B) This Zone Change is in the interest of furtherance of public
welfare because the current zoning on the subject properties and
corresponding permitted uses are not compatible with surrounding
zoning and uses.
C) The permitted uses in this proposed reclassifieation will not be
detrimental in any way to surrounding properties because it has
been determined by prior studies and hearings on the Land Use
Element that the land use categories as approved are the highest
and best use of these properties and this zone change implements
the objectives of the Land Use Plan.
WHEREAS, due to the nature of this reclassification, it has been deter-
mined that a Declaration of Negative (non-significant) Environmental effect
is K5-ranted for the following reasons:
1; Rezoning of these parcels is mandatory under the provisions of
Section 65860 of the Government Code which requires General Plan/
Zoning Ordinance consistency.
2) Application of various proposed zones vnll not necessarily change
or affect present or proposed land uses in the vicinity of the
subject properties or the subject properties.
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3) Additional Environmental Assessments will be necessary at the time
proposed development of these properties.
WHEREAS, the properties considered under this Zone Change are described
by San Diego County Assessor's Book, Page and Parcel number as follows:
,
w^.-wS^HHSM
of
PARCEL i 'FROM ZONE: TO ZONE: EXHIBIT
209-04-04(P) M & M(F-P) PM & P-M(F-P)
-05 M P-M
-09 M P-M
-12 M P-M
-14 M P-M
-16(P) , M P-M
-21 M P-M
-22 M P-M
209-05-17- R-l-10,000 P-U
210-01-24(P) P-U(F-P O-(F-P)
210-09-16 R-A P-M
210-10-08 M P-M
-09 M P-M
211-03-01 M RD-M
-0? M RD-M
-06 R-l-10,000 P-U
-08 R-l-10,000 P-U
-25 M P-M
-26 M P-M
-27 M P-M
-28 M P-M
211-04-12(P) M P-M
211-05-08 R-A-10,000 P-U
214-01008 R-l-10,000 P-M
1215-41-13 RD-M 0-S
223-12-33 R-l-7500 0-S
-35 R-l-7500 0-S
223-15-50 R-l-7500 0-S
223-16-24 R-l-7500 0-S
and are shown on maps marked as Exhibit 1 through 13 inclusive, dated
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September 24, 1975, on file in the Planning Department of the City of Carlsbad;
. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City
of Carlsbad as follows:
A) That the above recitations are true and correct.
I'} That this zone change to apply an F-P Overlay Zone to the underlying
zones of the various properties described in this application is
recommended for approval .
iMS'SED, APPROVED AND ADOPTED at a regular meeting of the Planning
CommiSi ;n on September 24, 1975, by the following vote, to wit:
X A . * i\ X X X
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xxxxxxx
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AYES:
NOES:
ABSENT:
ABSTAIN:
Commissioners Watson, Dominguez, Packard, Jose, Fikes
Larson, L'Heureux
None
None
None
E.H. Jose Jr. Chairman
ATTEST:
Donald A. Agatep, Secretary
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CITY OF CARLSBAD
PLANNING DEPARTMENT
STAFF REPORT
September 24, 1975
TO: PLANNING COMMISSION
FROM: PLANNING DEPARTMENT
REPORT: INCONSISTENCY REZONINGS (ZC-168)
APPLICANT: CITY OF CARLSBAD
I. REQUEST: The Planning Conmission of the City of Carlsbad has initiated
the rezoning of certain parcels of land in order to assure General Plan/
Zoning Ordinance consistency as mandated by Section 64860 of the Govern-
ment Code.
II. RECOMMENDATION:
Zone Change 168 - Staff recommends that these zone changes as shown on
Exhibits 1-14 inclusive, dated September 24, 1975, and described by
Assessor's Book, Page and Parcel number (Exhibit 1) be approved based on
the following justifications:
(A) This zone change is justified because it will implement the Goals
and objectives of the Land Use Element and will provide the mandatory
consistency between the General Plan and Zoning Ordinance.
(B) This Zone Change is in the interest of furtherance of public welfare
because the current zoning on the subject properties and corresponding
permitted uses are not compatible with surrounding zoning and uses.
(C) The permitted uses in this proposed reclassification will not be
detrimental in any way to surrounding properties because it has been
determined by prior studies and hearings on the Land Use Element
that the land use categories as approved are the highest and best
use for these properties and this zone change implements the objectives
of the Land Use Plan.
Recorcn ended Conditions Of Approval: None
III. BAC:<q^OUND - GENERAL PLAN CONSIDERATIONS: ZC-168 is the third zone change
in -~:U process. Already completed is the Open Space rezoning program
(ZC-~55, 156). The F-P rezoning (ZC-161, 162, 163) was recommended for
approval by the Planning Commission on September 10, 1975, and will be
cons~ lered by the City Council in the near future.
There are s£f sixty-one areas which are inowsistent. Several of these
are density^iconsistencies, i.e., the presW zones allow a higher
density than the density ranges shown on the General Plan. As the various
residential zones are being revised and amended to conform with the density
ranges of the General Plan, these inconsistencies will be deleted without
the necessity of rezoning.
The current zone change proposal encompasses 31 different areas which can
generally be grouped into four different zone categories:
(a) Seven parcels of land which were not previously rezoned to Open Space
(0-S) Zone.(b) Seventeen parcels of land are proposed to be rezoned from Industrial (M)
to Planned Industrial (P-M) Zone.
(c) Six parcels of land are proposed to be rezoned to Public Utility
(P-U) Zone.
(d) One parcel of land is proposed to be rezoned from Industrial (M) to
Residential Density - Multiple (RD-M) Zone.
(PARCEL)
PARCEL
206-07-6
209-04-04
209-04-05
209-04-09
209-04-10(P)
209-04-12
209-04-14
209-04-1 6(P)
209-04-20
209-04-21
209-04-22
209-05-T7
209-01-24(P)
210-01-31
210-09-16
210-10-08
210-10-09
211-03-01
211-03-06
211-03-08
211-03-25
211-03-26
211-03-27
211-03-28
211-OM2(P)
211-05-08
214-01-08
215-41-13
223-12-33
223-12-35
223-15-50
223-16-24
(EXHIBIT)
EXHIBIT
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GENERAL PLAN EXISTING
USE
EXISTING
USE
Vacant
Vacant
Vacant
Vacant
Vacant
Vacant
Vacant
Vacant
Industrial Bldg.
Agriculture
Industrial Bldg.
CMWD Office
Agua Hedionda Lagoon
SD6&E Storage
Agricultural
VacantVacant
Mobile Home Park
Encina Water
Treatment Plant
Vacant
Office - Ind. Bldg.
Industrial Bldq.Industrial Bldg.
Vacant
State Maint. Stat.
Encina Water Plant
Vacant
Vacant
Vacant
Vacant
Vacant
GENERAL
PLAN
OS
PI
PI
PI
PI
PI , .
PI
PI
Pi • .
PI
PI
U
OS
U
PI
PI
PI
RMH
U
U
PI
PI
PI
PI
PI
G
U
E
OS
OS
OS
E
EXISTING
ZONING
EXISTING
ZONING
P-U
P-U (F-P)
M & M(F-P)M '
M
M
M
M
M
M
M
M
R-l-10,000
P.-U (F-P)
C-2
R-A
M
M
M
R-l -10,000
R-l -10,000
M
M
M
M
M
R-A-10,000
R-l-10,000
RD-M
R-l-7500
R-l-7500
R-l-7500
R-l-7500
PROPOSER
ZONING
ZONI
•fiP-M
P-M
P-M
P-M
P-M
P-M
P-M
P-M
P-M
•P-U
0-S
P-U
P-M
P»M
P-K
•0SEBm
(F-P>» *
\F-P)
(F-P>
RD-M
P-U
P-U
P-M
P-M
P-M
P-M
P-M
P-U
P-U
0-S
0-S
0-S
0-S
0-S
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.
The following seven parcels are proposed to be rezoned to Open Space
(0-S) andOpen Space-Flood Plain Zone (O-S(F-P)).
206-07-6 . (Exhibit 1.) - Current Zoning: P-U and P-U (F-P)
' Proposed Zoning: Q-S and 0-S (F-P}
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This land is located on the north side of the Agua Hedionda Lagoon,
west of the AT&SF Railroad and is owned by S0G&E. The southerly
portion of this land Is a relatively steep sloped bank adjacent to
the lagoon. A smaller area on the northerly portion of the property
1s level. All of this land 1s vacant and is designated as Open Space
on the General Plan.
Since the southerly portion recently was recommended for an F-P
Overlay Zone» therefore, the proposed 0-S Zone on this portion
should be O-S(F-P).
210-01-24(P) (Exhibit 4) - Current Zoning: P-U(F-P)
Proposed Zoning: O-S(F-P)
This is the actual water surface of the Agua Hedionda lagoon west of
the Railroad tracts. It 1s owned by SDG&E and is used for power
plant cooling purposes. The lagoon is also used as a marine-
biology experimental laboratory where lobsters and shrimp are grown
experimentally. This area, although designated as Open Space on the
General Plan, was previously omitted from the 0-S rezoning program
since the boundaries of the water surface had not been determined.
Proposed Open Space Zone boundaries now follow the boundaries of
the F-P Zone which were shown as the 100-year flood elevations as
defined by the U.S. Corps of Engineers flood plain study for the Agua
Hedionda Lagoon.
215-41-13 (Exhibit 11) - Current Zoning; RD-M
Proposed Zoning: 0-S
This parcel is a part of La Costa Meadows Unit No. 4 and was dedicated
as an open space easement.
The General Plan designated this land as an Elementary School Site.
In order to be consistent with the recent rezoning of Schools and
Parks to Open Space, this property should also be rezoned to 0-S.
223-12-33
223-12-35
223-14-30
223-16-24
Exhibit 12
Exhibit 12
Exhibit!!
Exhibit 14
-Current Zoning: R-l-7500 Proposed Zoning: 0-S
These parcels are part of La Costa Vale Unit No. 1 and are proposed to
be developed as a City Park and Elementary School Site. The park area
will provide an Open Space corridor between residential developments north
or La costa Avenue, residential developments to the east and west of the
park arri the future elementary school site south of Levante Street
(Exhibit 14). Current zoning is R-l-7500 and these parcels should also
be rezoned to Open Space in order to be consistent with the Land Use
Element.
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The majority of the following eighteen parcels of land generally are
zoned Industrial. Consistent with City Council Policy which requires
that the M Zone be phased out, to be replaced by the Planned Industrial
(P-M) zone, these areas are recommended for rezoning to P-M:
209-04-04(P) - (Exhibit 2) - Current Zoning: M(F-P) Proposed Zoning P-M(F-P)
209-04-05 " Current Zoning: M Proposed Zoning: P-M
209-04-09 " " " " " " "
209-04-10(P) " " " " " " "
209-04-12 ' " " " " " " "
209-04-14 " " " " " " "
209-04-16(P) " " " " " " "
209-04-20 " " " " " " "
209-04-21 " " " " " " "
209-04-"22 "n it n ti it n
Parcels 20 and 22 are developed with industrial uses (Beckman Instruments Inc.
and a small industrial building complex housing several different light industrial
uses). The remainder of this land area is generally vacant land. Parcel 21 is used
for agricultural purposes.
210-09-16 (Exhibit 5) - Current Zoning: R-A Proposed Zoning: P-M
This parcel, located on the southside of Cannon Road, west of Interstate 5 is
shown on the General Plan as Planned Industrial. Presently zoned R-A and
used as agriculture, it is inconsistent and should be rezoned to P-M (which
is compatible with the P-M zoning to the south).
210-10-08 (Exhibit 6) - Current Zoning: M Proposed Zoning: P-M
210-10-09 " " " " " " "
211-03-25 (Exhibit 7) Current Zoning: M Proposed Zoning: P-M
211-03-26 " " " " " " "
211-03-27 " " " " " " "211-03-28 " " n • n .• n H
Parcels 8, 9 and 25 of this group are vacant. Parcels 26, 27, and 28 are
partially developed with industrial building and this rezoning will therefore
have a negligible effect.
211-04-12(P) Exhibit 9) - Current Zoning: M Proposed Zoning: P-M
This parcel is a part of larger triangular piece of property (approximately
29 acres) which was rezoned to P-M (ZC-129, McReynolds), and was added to
the McFeynolds-property as part of-a- land exchange. It was, however, never
zoned P-M and since the entire property now has a dual zone (M and P-M) it is
recommended that the M portion (approximately 3 acres) adjacent to Lowder Lane5be rezored to P-M to provide for a consistent land use and development pattern.
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The following category consists of six parcels of land which are under
public or quasi-public ownership and have non Public Utility zones:.
209-05-17 (Exhibit 3) - Current Zoning: R-l-10,000
Proposed Zoning: P-U
The land is owned by Carlsbad Municipal Water District and is used for their
administrative offices.
210-01-31 (Exhibit 4) - Current Zoning: C-2
Proposed Zoning: P-U
This parcel was privately owned and was proposed to be developed commercially.
Since it was contiguous to SDG&E land between AT&SF Railroad and Interstate 5,
it was purchased by SDG&E and is now a part of their storage area.
211-03-06 (Exhibit 7) - Current Zoning: R-l-10,000 Proposed Zoning: P-U
211-03-08 " " " " " " w
211-05-08 (Exhibit 10)- Current Zoning: R-A-10,000 Proposed Zoning: P-U
214-01-08 (Exhibit 8) - Current Zoning: R-l-10,000 Proposed Zoning: P-U
The above four parcels are owned by the City of Carlsbad and contain the
Encina Water Pollution Control Plant. Consistent zoning will require e P-U
Zone on these properties.
Following is the last area of this zone change which is proposed to be rezoned:
211-03-01 (Exhibit 7) - Current Zoning: M Proposed Zoning: RD-M
This parcel (approximately 17 acres) is developed as a mobile home park,
Since its land use is a residential type development and the General Plan
designates medium-high (RMH) density, it it recommended that a RD-M Zone be
approved.
IV. ENVIRONMENTAL IMPACT CONSIDERATIONS: Due to the nature of this reelassifi-
cation, it has been determined that a Declaration of Negative (non-significant)
EjiviroiTiTientajw Effect^ is warranted for Zone Change 168,
Reasons for the Negative Declaration are:
1) Rezoning of these parcels is mandatory under the provisions of
Section 65860 of the Government Code which requires General Plan/
Zoning Ordinance consistency.
2) Auplication of various proposed zones will not necessarily change
or affect present or proposed land uses in the vicinity of the
subject properties or the subject properties.
3) Additional Environmental Assessments will be necessary at the time
of proposed development of these properties.
ATTACHMENTS- Exhibits 1 - 14
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