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Home My WebLink About1976-02-17; City Council; 3581; ZC 171 City Initiated Change of ZoneCITY OF CARLSBAD Initial: AG.ENDA BILL NO. ££"&/ Dept. Hd. DATE.: •-•••••-•••• February 17, 1976 D1 . . . Cit^ Atty.DEPARTMENT: Planning City Mgr. SUBJECT: ZC-171 - City Initiated Change of Zone from-L-C-(Limited Control) to R-l-15,000 (Single Family Residential) State.me.nt of tfre Matter : The property is situated on the east side of Alga Road, north of the SDG&E Easement. Half of the property is owned by CMWD and contains a water storage tank. The other portion is owned by SDG&E and is proposed for a power transmission facility. The L-C Zone does not permit either of these uses. The General Plan indicates utility uses at the site, therefore a rezoning to permit utilities is necessary for consistency. The R-l-15,000 is preferable since it is the most restrictive zone in the .area, and it permits utilities by Conditional Use Permit. The P-U Zone (Public Utility) is not desirable since it is intended to be an industrial type zone that permits many productive type uses that are not compatible with residences. EXHIBITS: Planning Commission Resolution No. 1218 i Staff Report dated January 28, 1976 Location Map RECOMMENDATION: If the City Council concurs with the Planning Commission, it is recommended that the City Attorney be directed to prepare the necessary documents as indicated by Planning Commission Resolution #1218. Council action 2-17-76 Following the public hearing the City Attorney was instructed to prepare the documents necessary as recommended by the Planning Commission by its Resolution #1218. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 2.3 24 25 26 27 28 29 30 31 32 PLANNING COMMISSION RESOLUTION NO. 1218 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, SETTING FORTH ITS FINDINGS AND RECOMMENDATIONS RELATIVE TO REZONING PROPERTY FROM L-C (LIMITED CONTROL) TO R-l-15000 ON PROPERTY LOCATED ON THE SOUTH SIDE OF ALGA ROAD BETWEEN ALICANTE ROAD AND ALTISMA ROAD. CASE NO. ZC-171 APPLICANT: CITY OF CARLSBAD WHEREAS, a verified application for a certain property, to wit: All that portion of the NW% of the SE% of Section 25, Township 12 South, Range 4 West, San Bernardino Base and Meridian, County of San Diego 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 to consider the subject rezoning was held at the time and in the place specified in said notice on January 28, 1976; and WHEREAS, the subject application has complied with the requirements of the City of Carlsbad "Environmental Protection Ordinance of 1972"; and 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 Zone Change and found the following facts and reasons to exist: 1} The Change of Zone is consistent with the General Plan because: a) The R-l-15,000 zone guarantees development at a scale compatible with the surrounding residential neighborhood, conforming with the Plan's quality of Site Design Guidelines. b) Public Utility use of the project site is provided for by Conditional Use Permit in the R-l-15,000 zone, conforming with the Public Utility land use designation of the site. c) The Zone Change will have no adverse effect on any Element of the General Plan. 2) The proposed Zone Change is consistent with the Carlsbad Environmental Protection Ordinance of 1972 because: a) A negative declaration has been filed by the Planning Depart- ment on the project because the project is located in an urbanized area in which the natural environment has been irretrivably disturbed. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 3) The proposed Zone Change is consistent with applicable City Public Facility Policies and Ordinances because: a) Minimum public facilities exist on-site. b) The use of the project site for public utility purposes is provided for through the Conditional Use Permit process. 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 R-l-15,000 is recommended for approval. PASSED, APPROVED AND ADOPTED at a regular meeting of the City of Carlsbad Planning Commission held on January 28, 1976 by the following vote, to wit: AYES: NOES: ABSENT: Commissioners Jose, Dominquez, Larson, Packard, Fikes Watson and L'Heureux None None t.H. Jose Jr., Chairman ATTEST: Donald A. Agatep, Secretary -2- CITY OF CARLSBAD PLANNING DEPARTMENT STAFF REPORT January 28, 1976 TO: PLANNING COMMISSION FROM: PLANNING DEPARTMENT CASE NO: ZC-171 APPLICANT: CITY OF CARLSBAD REQUEST: CHANGE OF ZONE FROM L-C (Limited Control) TO R-l-15000 RECOMMENDATION: Staff recommends that ZC-171 be approved because of the following findings: 1) General Plan Consistency: The proposed Zone Change is consistent With the General Plan because: a) The R-l-15,000 zone guarantees development at a scale compat- ible with the surrounding residential neighborhood, con- forming with the Plan's quality of Site Design Guidelines. b) Public Utility use of the project site is provided for by CUP in the R-l-15000 zone, conforming with the Public Utility land use designation of the site. c) The zone change will have no adverse effect on any element of the General Plan. 2) Environment: The proposed zone change is consistent with the Carlsbad Environmental Protection Ordinance of 1972 because: a) A negative declaration has been filed by the Planning Depart- ment on the project because the project is located in an urbanized area in which the natural environment has been irretrivably disturbed. 3) Public Facilities: The proposed zone change is consistent with applicable City Public Facility Policies and Ordinances because: a) Minimum public facilities exist on-site. b) The use of the project site for public utility purposes is pro- vided for through the Conditional Use Permit process. LOCATION AND DESCRIPTION OF PROPERTY: The site consists of two parcels on 3.7 acres, located on the south side of-Alga Road, between Alicante Road and Altisma Road. The parcel fronting directly on Alga Road is owned by Carlsbad Municipal Water District and has a water storage tank on it. The parcel behind it is owned by SDG&E. This parcel has been rough graded. The topography of the area slopes upward in a northerly direction; the tier of residential lots to the north are on a bluff overlooking the site. Existing Zoningj Project Site: L-C Worth: R-2 & R-l-15 South: P-C East: R-l-15 West: R-l-15 and P-C Existing Land Use: Project Site: Water Storage Tank and vacant North: Residential subdivision, partially built South: Vacant East: Residential subdivision, partially built West: Vacant PAST HISTORY AND RELATED CASES: None ENVIRONMENTAL IMPACT INFORMATION: An Env ironmental Impact Assessment of the project was conducted (EIA-299) and a negative declaration issued for the following reason: 1) The project is located in an urbanized area in which the natural environment has been irretrivably disturbed. GENERAL PLAN INFORMATION: . The project site is designated in the Land Use Element for "U", Public Utilities use. PUBLIC FACILITIES: The project site is within the following service districts: Escondido Union High School District Richmar Union School District Carlsbad Municipal Water District Leucadia County Water District MAJOR PLANNING CONSIDERATION: Will the granting of the Zone Change carry out the intent of the General Plan, and in particular the Land Use Element? DISCUSSION; During the most recent zoning - General Plan consistency hearings, the City Council instructed staff to initiate zone changes on certain parcels when appropriate. One of these parcels was the current project site. -2- f ,w w ' . SDG&E has applied for approval of an electric transmission substation on the vacant parcel. Because of recent amendments to the P-U and L-C Zones, such a use is no longer permitted on the L-C zpned property. This is -consequently an appropriate time to initiate the rezoning. Staff feels that rezoning the site to R-l-15,000 is appropriate in view of the site's topography and surrounding land use. A substation would be allowed by CUP in the R-l-10,000 zone. In the absence of a CUP, the Carlsbad Municipal Water District tank would be a legally non-conforming use. General Plan Conformity: The General Plan designation of the site for "U" use would suggest a re- zoning to the P-U Zone. However, rezoning the site to P-U would allow the development of an utility generating plant or sililar use incompatible with the surrounding residential uses. While these heavy uses are not currently contemplated, staff feels it would be better to avoid even their potential. Consequently, staff recommends the R-l-15,000/Conditional Use Permit alter- native as the best way to carry out the General Plan. AM/vb • ATTACHMENT: Location Map Rezoning Map -3- SUBJECT PROPERTY REZONED FROM L-C § TO R-l-15.000 Case No.ZC-l1l Date Rec'd; Description of Request: CJi4-*J&£ <oF 1-0 *7jT DRC Date:DateT/VO.^ Address or Location, of Request:-fiE,TtO££AJP Appl i cant: ^ /r*f - Engr. or Arch. — Brief Legal:g gg.no O S. 'Assessor Book: 2-1 5 ' Page: General Plan Land Use Description:^ Existing Zone: ^C_ Acres: '3/7 ~No. of Lots: Parcel: // Proposed Zonc:_ • k DU's School District^ _ R\&l\44<AR L>i)lc>*J] c,5coiJQioo oiui/r.o U-tc Water/Sanitation District: Within Coast Plan Area: /yx? C&UfJru t DU/^cre Coast Permit Arc.a:V°