HomeMy WebLinkAbout1975-12-16; City Council; 3539; ZC-154 Change of Zone from L-C to P-Uc f *^\
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CITY OF CARLSBAD
_ ^ Initial:
AGENDA BI.LL NQ. QS^gf
.r ,„„,. Dept. Hd.DATjr. December 16/1975
— city AttyDEPARTMENT: PLANNING.
City Mgr.
SUBJECT: ZC-154, a change of zone from L-C to P-U;
SP-167, to develop a booster station in the P-U zone.
APPLICANT: San Diego Pipeline Company
Statement of the Matter j^e subject property is a one acre portion
of a 5+ acre parcel. The entire parcel is presently zoned L-C. The
applicant is requesting the change of zone to P-U and a Specific Plan
for a booster station for only this one acre portion - the remainder
will remain In the L-C zone. /
The site is situated on the north side of Olivenhain Road approximately
400' east of El Camino Real, and abutting a SDG&E easement on the east.
The pipeline exists presently in the SDG&E easement and moves oil and
oil products from the Los Angeles area to San Diego. This booster
station is requested to increase the flow of the already existing pipe-
line.
Exhibits
Planning Commission Resolutions 1206 and 1207
Staff Report dated November 26, 1975
Location Map
Exhibit A, Specific Plan 167
Recommendation
If the City Council concurs with the findings and recommendation of the
Planning Commission as outlined in Planning Commission Resolutions 1206
and 1207, it is recommended that the City Attorney be instructed to prepare
the necessary documents.
-Council action
.12-16-75 Following the public hearing the Council instructed the City
Attorney to prepare the documents necessary for approval of
the zone change and specific plan, subject to conditions
recommended in Planning Commission's resolutions 1206 and 1207.
..„ IS
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1 PLANNING COMMISSION RESOLUTION NO. 1206
2 RESOLUTION; OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, SETTING FORTH ITS FINDINGS AND
3 RECOMMENDATIONS RELATIVE TO REZONING PROPERTY FROM
L-C (LIMITED CONTROL) TO P-U (PUBLIC UTILITIES) ON
4 PROPERTY LOCATED ON THE NORTHEAST CORNER OF THE INTER-
SECTION OF EL CAMINO REAL AND OLIVENHAIN ROAD.
5 CASE NO. ZC-154
I APPLICANT: SAN DIEGO PIPELINE
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7 WHEREAS, a verified application for a certain property, to wit:
8 That portion of Lot 8 in section 2, township 13 south, range 4 west,
San Bernardino meridian, in the County of San Diego, State of
9 California, according to official plat thereof, lying westerly of
the Westerly line of the Rancho Encinitas and lying easterly of the
10 easterly line of the 90 foot strip of land described in parcel 67083-A
in said deed to the county of San Diego, recorded November 28, 1969, as
11 document No. 217326 of official records and lying northerly of the
northerly line of that certain 60 foot strip described in parcel
12 61294-B in deed to the County of San Diego recorded September 28, 1961,
as document No. 169289 of official records known as road survey No. 1631,
13 and further described on file in the Carlsbad City Planning Depart-
ment;
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15 has been filed with the City of Carlsbad and referred to the Planning Commission
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17 WHEREAS, said verified application constitutes a request as provided by
13 Title 21 of the "Carlsbad Municipal Code"; and
19 WHEREAS, the public hearing to consider the subject rezoning was held at
20 the time and in the place specified in said notice on November 26, 1975; and
21 WHEREAS the subject application has complied with the requirements of the
22 City of Carlsbad "Environmental Protection Ordinance of 1972"; and
23 WHEREAS, at said public hearing, upon hearing and considering the testimony
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24 and arguments, if any, of all persons who desired to be heard, said Commission
25 ! considered all factors relating to the Zone Change and found the following
26 facts and reasons to exist:
27 ! (1) The Change of Zone will bring the subject property into conformance
with the General Plan (LC to PU designation)
28 |(2) The Change of Zone has been issued a Negative Declaration under the
29 Environmental Protection Ordinance because:
30 "Use of a pipeline is the safest and most economical method for
transporting petroleum products. The booster station will be
31 partially enclosed and landscaped to lessen aesthetic impacts. Noise
impacts will be negligible. No petroleum products will be exposed
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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.
B) That the Zone Change from L-C (Limited Control) to P-U (PublicUtilities) is recommended for approval.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City of Carlsbad
Planning Commission held on November 26, 1975 by the following vote, to wit:
AYES:
NOES:
ABSENT:
None
None
irman
ATTEST:
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PLANNING COMMISSION RESOLUTION NO. 1207
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA CONCERNING THE SPECIFIC PLAN TO
ALLOW A PIPELINE BOOSTER PUMP STATION ON PROPERTY
LOCATED ON THE NORTHEAST CORNER OF THE INTERSECTION
OF EL CAMINO REAL AND OLIVENHAIN ROAD.
CASE NO. SP-167
APPLICANT: SAN DIEGO PIPELINE
WHEREAS, a verified application for a certain property, to wit:
That portion of Lot 8, in section 2, township 13 south, range 4 west
San Bernardino meridian, in the County of San Diego, State of
California, according to official plat thereof, lying westerly of
the westerly line of the Rancho Encinitas and lying easterly of the
easterly line of the 90 foot strip of land described in parcel 67Q83-A
in said deed to the County of San Diego, recorded November 28, 1969, as
document No. 217326 of official records and lying northerly of the
northerly line of that certain 60 foot strip described in parcel
61294-B in deed to the County of San Diego recorded September 28, 1961,
as document No. 169289 of official records known as road survey No. 1631,
and further described on file in the Carlsbad City Planning Department;
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 specific
in said notice on November 26, 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 Facilities will be available concurrent with need; and
WHEREAS, the subject application has complied with the requirements of the
City of Carlsbad "Environmental Protection Ordinance of 1972" in that a
Negative Declaration has been issued for the following reasons; !.....•
Use of a pipeline is the safest and most economical method for trans-
porting petroleum products. The booster station will be partially
enclosed and landscaped to lessen aesthetic impacts. Noise impacts
will be negligibe. No petroleum products will be exposed to the air,
consequently, there will be no emissions.
WHEREAS, at said public hearing, upon 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 Specific Plan and found the following
facts and reasons to exist:
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1) The proposed use will not be detrimental to the adjoining properties.
2) The site is adequate in size and shape to accomodate the proposed
use.
3) Adequate setbacks, fences, landscaping and other features necessary
to adjust the proposed use to existing or permitted future uses in
the neighborhood will be provided and maintained.
4) The street system serving the proposed use is adequate to properly
handle additional traffic flow.
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.
B) That a Specific Plan is approved to allow a pipeline booster pump
station on property located on the northeast corner of the inter-
section of El Camino Real and Olivenhain Road, and is subject to the
following conditions:
0) The approval is granted for the land described in the application
and any attachments thereto, and as shown on the Plot Plan sub-
mitted labeled Exhibit A, dated March 14, 1975. The location of
all buildings, fences, signs, roadways, parking areas, land-
scaping and other facilities or features shall be located sub-
stantially as shown on the plot plan labeled Exhibit A,
except or unless indicated otherwise herein.
(2) All lighting shall be arranged to reflect away from adjoining
properties and streets.
(3) All outside storage areas shall be screened from adjacent
property and streets.
(4) A detailed landscape and automated irrigation plan shall be
submitted to the Parks and Recreation Director and Planning
Director for approval prior to issuance of grading permits
to protect the eventual development of the residential area.
(5) Prior to occupancy or operation of this project, all land-
scaping and irrigation facilities included in the landscape
and irrigation plan described in the above Condition be in-
stalled to protect the eventual development of the residential
area.
(6) All utilities, including electrical, telephone and cable
television, shall be installed underground and/or shall be
completely concealed from view.
(7) The applicant will provide evidence satisfactory to the Building
Director that a maximum of 60 DBL will not be exceeded at the
property boundaries during any period of operation.
(8) The land shall be subdivided and recorded prior to issuance of
building permits
PASSED, APPROVED AMD ADOPTED at a regular meeting of the City of Carlsbad
Planning Commission held on November 26, 1975, by the following vote, to wit:
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AYES:
NOES:
ABSENT:
Commissioners Jose, Fikes, Packard, L'Heureux, Larson
Dominguez, Watson
None
None
E.H. Jose Jr.", Chairman
ATTEST:
Donald A. Agatep, Secretary
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CITY OF CARLSBAD
PLANNING DEPARTMENT
STAFF REPORT
November 26, 1975
TO: PLANNING COMMISSION
FROM: PLANNING DEPARTMENT
SUBJECT: ZC-154 and SP-167
SAN DIEGO PIPELINE
REQUEST: THE APPLICANT REQUESTS A ZONE CHANGE FROM L-C (LIMITED CONTROL)
TO P-U (PUBLIC UTILITIES) AND APPROVAL OF A SPECIFIC PLAN TO
ALLOW A PIPELINE BOOSTER PUMP STATION
SECTION I:
Staff Recommendation:
Zone Change: Staff recommends that ZC-154 be APPROVED based on the
following findings:
1) The Change of Zone will bring the subject property into conformance
with the General Plan (LC to PU designation).
2) The Change of Zone has been issued a Negative Declaration under the
Environmental Protection Ordinance because:
"Use of a pipeline is the safest and most economical method for
transporting petroleum products. The booster station will be
partially enclosed and landscaped to lessen aesthetic impacts.
Noise impacts will be negligible. No petroleum products will be
exposed to the air, consequently, there will be no emissions.- \ •
Specific Plan: Staff recommends that SP-167 be APPROVED based on the
following findings and subject to the following conditions:
1) The proposed use will not be detrimental to the adjoining
properties.
2) The site is adequate in size and shape to accomodate the proposed
use.
3) Adequate setbacks, fences, landscaping and other features necessary to
adjust the proposed use to existing or permitted future uses in the
neighborhood will be provided and maintained.
4) The street system serving the proposed use is adequate to properly
handle additional traffic flow.
W """ CONDITIONS SP-167 ^
(1) The approval is granted for the land described in the application and
any attachments thereto, and as shown on the Plot Plan submitted labeled
Exhibit-A, dated March 14, 1975. The location of all buildings, fences,
signs, roadways, parking areas, landscaping and other facilities or
features shall be located substantially as shown on the plot plan labeled
Exhibit A, except or unless indicated otherwise herein.
(2) All lighting shall be arranged to reflect away from adjoining properties
and streets.
(3) All outside storage, areas shall be screened from adjacent property and
streets.
(4) A detailed landscape and automated irrigation plan shall be submitted to
the Parks and Recreation Director and Planning Director for approval prior
to issuance of grading permits.
(5) Prior to occupancy or operation of this project, all landscaping and
irrigation facilities included in the landscape and irrigation plan
described in the above Condition shall be installed.
(6) All utilities, including electrical, telephone and cable television,
shall be installed underground and/or shall be completely concealed from
view.
(7) The applicant will provide evidence satisfactory to the Building
Director that a maximum of 60 DBL will not be exceeded at the
property boundaries during any period of operation.
(8) The land shall be subdivided and recorded prior to issuance of building
permi ts. :
SECTION II:
Staff Background Report:
Location and Description of Property: The 5.12 acre parcel is located on the
northeast corner of the intersection of El Camino Real and Olivenhain Road.
A smaller portion of land on which the pump station is to be built is located
on the southeast corner of the larger parcel. The pump station portion is 1
acre and the remaining larger portion is 4.12 acres. The applicant is requesting
thet the one acre parcel be rezoned from L-C to P-U.
The property is undeveloped and bordered on the east by a SDG&E power line and
pipeline easement. The site is on a low hill above street grade and is surround-
ed by other small hills covered with brush. There are no houses or developments
within 300 feet of the property.
Existing Zoning: Project Site: L-C
North: L-C & SDG&E Easement
East: P-C & SDG&E Easement
South: County
West: L-C
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Existing Land Use:
Project Site: Vacant
North: Vacant
East: SDG&E Power Line and Pipeline
South: Olivenhain Road and Vacant
West: Vacant
Past History and Related Cases: A Conditional Use Permit was granted for the
pump station on the subject property on September 11, 1973 (Planning Commission
Resolution No. 955) .
The reasons for approval of the Conditional Use Permit were as follows:
1) The proposed use will not be detrimental to the adjoining properties.
2) The site is adequate in size and shape to accomodate the proposed
use.
3) Adequate setbacks, fences, landscaping and other features necessary
to adjust the proposed use to existing or permitted future uses in
the neighborhood will be provided and maintained.
4) The street system serving the proposed use is adequate to properly
handle all traffic expected to be generated by the proposed use.
One of the conditions of approval for the CUP was that construction of the
project must commence within one year of the approval. This condition was
not fullfilled, therefore, the CUP approval became void.
Since the time of the CUP approval the Land Use Element of the General Plan
has designated the submect property for "U" (Public Utility) uses. Therefore,
on reapplication, the applicant was advised to apply for a Zone Change to
P-U (Public Utility) to bring the zoning of the property into consistency
with the General Plan.
However, one of the requirements of the L-C (Limited Control) zone, which is the
existing zoning on the applicants entire piece of property, of which the
pump station is a small part, was that all L-C Zoned property must be at
least 5 acres. If the one acre subject parcel was excluded from the applicants
larger parcel, by P-U Zoning, the remaining L-C zoned parcel would have been
less than 5 acres, i.e., 4.12 acres.
Staff and the applicant agreed that since a Zone Change Amendment (ZCA-69)
to allow one acre minimum size in the L-C Zone was being processed through the
City, that the application should be held until such time as a decision had
been made.
Environmental Impact Information: A Negative Declaration has been issued
by Staff for the following reasons:
Use of a pipeline is the safest and most economical method for trans-
porting petroleum products. The booster station will be partially
enclosed . and landscaped to lessen aesthetic impacts. Noise impacts
will be negligible. No petroleum products will be exposed to the air,
consequently, there will be no emissions.
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General Plan Information: The Land Use Element of the General Plan calls for
a land use designation of "U" (Public Utilities) for the subject property.
Therefore, a change of zone to P-U would bring the subject property into
conformance with the General Plan.
Major Planning Considerations:
Is the Change of Zone consistent with the General Plan?
Is the proposed use compatible with the surrounding area now and in the
future?
SECTION III;
Discussion: Staff feels that circumstances have not changed since the initial
Conditional Use Permit approval in regard to the acceptability of the proposed
use at the subject location.
However, the procedural aspects of the project through the City have changed,
therefore, since the procedural requirements have been met by the applicants
request for a Zone Change and Specific Plan approval, staff feels the problem
has been solved.
Since two separate areas with different zoning designations will result from
the Zone Change action, staff feels that a minor subdivision request should
be filed with the Engineering Department to create two separate lots for
each zoning designation. The 4.12 acre parcel would remain L-C zoned and
the one acre parcel would be P-U zoned. Under the minor subdivision, public
facilities will be required by the Engineering Department, such as street
dedication, frontage improvements, etc.
TH/vb
ATTACHMENTS: Plot Plans for Zone Change and Specific Plan (Exhibit A's)
Resolution 955
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398,3! ( R.O.S. 7624)
255-020-27
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SCALE
ZONE CHANGE 154 FROM L-C TO P-U
SOURCE OF MAP: SAN DIEGO PIPELINE CO. DRAWING
D-LC-107 ( 1-21-75) a ASSESSORS MAP
CITY OF CARLSBAD PLANNING DEPT NOV. 17, 1975