HomeMy WebLinkAbout1975-11-04; City Council; 3505; Request for Pre-Annexational Change of Zone ZC-165 on a 42.5 Acre ParcelCITY OF CARLSBAD
Initial:
AGEN.DA BILL NO.
Dept. Hd.DATE: November 4, 1975- -_ c A
DEPARTMENT: Planning
City Mgr.
SUBJECT: Request for pre-annexational Change of Zone (ZC-165) on a 42.5 acre parcel
to City of Carlsbad Limited Control (L-C) and Certification of an Environmental Imoact Reoort.
APPLICANT: William Savage (EIR-2R1)
Statement of the. Matter; The Planning Commission is recommending approval of the
requested pre-annexational Change of Zone from San Diego County R-4 and A-l(8) to City
of Carlsbad Limited-Control (L-C) on 42.5 acres east of 1-5 and north of the Batiquitos
Lagoon for reasons outlined in Planning Commission Resolution No. 1198. The Planning
Commission is also recommending Certification of the EIR (EIR-281)
The applicant requested annexation because the subject property is in Carlsbad's sphere
of influence yet under county zoning. He wishes to establish his property under the
most appropriate jurisdiction.
The Planning Commission expressed concern over the "general" nautre of the Environmental
Impact Report. Staff indicated that an EIR at this point was required by law, and since
no development is planned at this time, the evaluation was based on General Plan recommend-
ations on the provision of the L-C zoning designation. Further extensive evaluation
will be required when specific development is planned.
EXHIBITS: EIR-281 dated October 15, 1975
Staff Report dated October 15, 1975
Planning Commission Resolution No. 1198
RECOMMENDATION; If the City Council concurs with the findings and recommendation
of the Planning Commission as outlined in Planning Commission Resolution No. 1198,
it is recommended that:
1) The City Council certify the Final Environmental Impact Report as being
complete and addressing all the environmental issues as reauired by the
City of Carlsbad Environmental Protection Ordinance of 1972; and
2) The City Attorney be instructed to preoare the necessary documents.
C o u n c i1 action
11 -" 75 T.'ic Final Environmental Impact Report was certified as being
complete and addressing all the environmental issues required
and the City Attorney was instructed to prepare the documents
necessary for granting the preannexational zone change.
CITY OF CARLSBAD
PLANNING DEPARTMENT
STAFF REPORT
' October 15, 1975
TO: PLANNING COMMISSION
FROM: PLANNING DEPARTMENT
CASE NO.: ZC-165 and EIR-281
REQUEST: PRE-ANNEXATIONAL ZONE CHANGE FROM R-4 and A-l (8)
COUNTY ZONING TO LIMITED CONTROL (L-C) AND ENVIRON-
MENTAL IMPACT REPORT
APPLICANT: WILLIAM C. SAVAGE
SECTION I: STAFF RECOMMENDATION
Staff recommends that EIR-281 (including the draft EIR, the
Planning Director's comments, written response from reviewing
agencies, and all testimony at the public hearing) be certified
based on the following justification:
1. The EIR has been noticed and made available for public review
in accordance with the requirements of the California Environ-
mental Quality Act and the City's Environmental Protection
Ordi nance.
2. Mitigation measures and alternatives offered in the EIR are
adequate in lessening anticipated impacts of the project:
a. Elimination of open space and destruction of wildlife
and vegetation, can be mitigated by maximizing open
space on the subject property and adjacent properties.
b. Impacts associated with grading can be mitigated through
design and proper construction practice.
c. Air quality impacts can be lessened by clustering units
near centers of service and commerce , and providing
bicycle, pedestrian networks.
d. Impacts on service and utility systems can be mitigated
through implementation of energy and resource conserva-
tion measures, and long range planning and budgeting
for phased utility expansions.
Staff recommends that ZC-165 be approved based on the following
justifications:
1. The proposed pre-zoning is consistent with the
Carlsbad General Plan.
2. The pre-annexational zoning complies with City policy which encourages
the practice of annexing land prior to specific land use decisions.
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3. The proposed pre-zoning will enabll the Local Agency
Formation Commission to evaluate service requirements
for annexational purposes.
4. The subject property is within Carlsbad's sphere
of influence.
SECTION II: STAFF BACKGROUND REPORT
I. REQUEST: The applicant requests a pre-annexational
zone change from R-4 and A-l (8) county zoning to
Limited Control (L-C).
II. LOCATION AND DESCRIPTION OF PROPERTY: 7400 Lagoon
Lane located on the east and west side of Lagoon Lane
between Batiguitos and Poinsettia Lane.
The subject property is of unusual shape and is approxi-
mately 42.5 acres.
A large valley runs through the length of the property.
This is a natural drainage area running into Batiguitos
Lagoon to the south. Lagoon Lane is paved and traverses
the valley from Poinsettia Lane to the edge of Batiguitos
Lagoon. A dirt road runs to the east along the northern
shore of Batiguitos Lagoon.
III. EXISTING ZONING:
• Subject Parcel: R-4 and A-l (8) county
I North: R-l
i South: No county zoning is indicated for
I Batiguitos Lagoon
5 East: A-l (8) county! West: P-C and Interstate 5
IV. ENVIRONMENTAL IMPACT INFORMATION:
(See Attachment.)
V. GENERAL PLAN INFORMATION: The Land Use Element designates
the subject property as Residential Medium High density
(RM-H) 10 to 20 dwelling units per acre and Residential
Medium density (RM) 4-10 dwelling units per acre. The
property is also shown as a special treatment area because
of its close proximity to Batiguitos Lagoon and potential
for recreational/open space uses. Open space corridors
are indicated for those portions of the subject property
along both sides of Lagoon Lane and the shore of Batiguitos
Lagoon.
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VI. PUBLIC FACILITIES:
i Electrical power is available to the site from San
Diego Gas & Electric.
Natural gas is not available to the property. The
closest line is at Alta Mira 1 mile to the north.
Water is available to the subject property from the
Carlsbad Municipal Water District.
Sewerage will be available when an approved trunk line
is completed along the north shore of Batiguitos Lagoon.
Lagoon Lane is a paved public roadway with a 60 ft.
easement which will be transferred to the City upon
annexation.
VII. MAJOR PLANNING CONSIDERATIONS:
Is the Limited Control zone the appropriate pre-annexa-
tional zone for this particular piece of property?
SECTION III; DISCUSSION
In a letter to the City Manager of Carlsbad, dated February 26,
1975, the applicant has stated in regard to the subject property
that, "There is no transaction pending in escrow or out of escrow
nor am I even in negotiation with any prospective buyer, developer
or otherwise, nor do I personally have any intensions to use or
develop said land.
There is absolutely no contemplated change in the use or condition
of the land. It is simply a matter of my feeling the dormant land
should reside in Carlsbad for the five reasons which I mentioned:
1. Because I told the City Council I would annex.
2. Because I want the land to be under the basic planning juris-
diction of one governmental body instead of two. Currently
my expenditure of time and money for participating in both
the City's and the County's decisions which influence the
land are double that which virtually all other land owners
experience. Moreover, the decisions are sometimes in conflict,
further adding to my involvements.
3. Because I am giving the City an (sewer) easement across my
land and I wish to have the same basis for speaking about
developments as they are proposed in my neighborhood as do
all other property owners in this sphere of influence.
4. Because the County Board of Supervisors recommended,
within the last three months, that I annex to Carlsbad.
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5. Because my land apparently belongs in Carlsbad. LAFCO and
various agencies of the County have over several years re-
peatedly stated it lies in the sphere of influence of
Carlsbad, and the City currently abuts my property on two
sides. For the four reasons above, I wish to proceed with
the inevitable now.
I am fully aware that when the year arrives that somebody proposes
a use or project for subject land, he will have to justify all
aspects of the project, including its impact upon the environment,
before many governmental agencies.
Staff feels that the L-C zone is an appropriate zone for the
subject property. The L-C zone is intended, as a holding zone
for property that requires further study before utilization for
any purpose. Development cannot occur in the L-C zone without
an appropriate change of zone. Therefore, future planning options
a,re. nqt eliminated.
TH/DH/mdp
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PLANNING COMMISSION RESOLUTION MO. 1198
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, CONCERNING THE REQUEST FOR A
PREANNEXATIONAL ZONE CHANGE FROM SAN DIEGO COUNTY
R-4 and A-l(8) TO CITY OF CARLSBAD LIMITED-CONTROL
(L-C) ZONE AND CERTIFICATION OF AM ENVIRONMENTAL
IMPACT REPORT (EIR-281) on 42.5 ACRES EAST OF 1-5 AND
NORTH OF BATIQUITOS LAGOON.
CASE NOS: ZC-165, EIR-281
APPLICANT: WILLIAM SAVAGE
WHEREAS, a verified application for a certain property, to wit:
That portion of Lot 1, sec. 33, township 12 south, range 4 west,
San Bernardino Meridian and that portion of southwest quarter of the
southeast % of sec. 28, township 12 south, range 4 west, San Bernardino
Meridian, in the County of San Diego, State of Califonria, according to the
Official Plat thereof and further described on file in the Planning
Department of the City of Carlsbad;
has been filed with the City of Carlsbad and referred to the Planning Commission;
and
WHEREAS, said verified application constitutes a request as provided by
Title 21 of the "Carlsbad Municipal Code"; and
WHEREAS, the public hearing was held at the time and in the place specified
in said notice on October 15, 1975; and
WHEREAS, the applicant has complied with the Public Facility Policy of the
City of Carlsbad and has provided the necessary information which insures Public
20 Facilities will be available and current with need; and
pT*•*• WHEREAS, the subject application has complied with the requirements of the
PP*& City of Carlsbad "Environmental Protection Ordinance of 1972" because:
1) An EIR was prepared for the project ; and
2) The EIR was recommended for certification based on the following
justification:2o
p a) The EIR has been noticed and made available for public review
in accordance with the requirements of the California Environ-
P mental Quality Act and the City's Environmental Protection
Ordinance.
b) Mitigation measures and alternatives offered in the EIR are
_ adequate in lessening anticipated impacts of the project:
(1) Elimination of Open Space and destruction of wildlife and
vegetation, can be mitigated by maximizing open space on the
subject property and adjacent properties.
1 (2) Impacts associated with grading can be mitigated through
design and proper construction practice.
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(3) Air quality impacts can be lessened by clustering units
3 near centers of service and commerce, and providing bicycle,
pedestrian networks.
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(4) Impacts on service and utility systems can be mitigated
through implementation of energy and resource conservation
measures, and long range planning and budgeting for phased
utility expansions.
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ri' WHEREAS, at said public hearing and considering the testimony and arguments,
° if any, of all persons who desired to be heard, said Commission considered all
[factors relating to the Zone Change and found the following facts and reasons
10 to exist:
1) The proposed pre-zoning is consistent with the Carlsbad General Plan.
n ?2) The pre-annexational zoning complies with City policy which
encourages the practice of annexing land prior to specific land use
' decisions.
3) The proposed pre-zoning will enable the Local Agency Formation
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.,- 4) The subject property is within Carlsbad's Sphere of Influence.
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NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City
r>f Tav
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of Carlsbad as follows:
,g A) That the above recitations are true and correct.
Commission to evaluate service requirements for annexational purposes.
B) That this pre-annexational zone change from San Diego County R-4 and
A-l(8) to City of Carlsbad Limited-Control (L-C) Zone and Certification
of Environmental Impact Report (EIR-281) is recommended for approval.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission held on October 15, 1975, by the following vote, to wit:
AYES: Commissioners Watson, Dominquez, Larson, L'Heureux, Fikes,
Packard and Jose
?s NOES: None
26 ABSENT: None
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E.H. Jose Jr., Chairman
ATTEST:
Donald A. Agatep, Secreta
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