HomeMy WebLinkAbout1976-06-01; City Council; 3669; Proposed Change of Zone Case No. ZC 174 GrosseCITY OF CARLSBAD
AGENDA BILL NO. * _ •' . Initial:-
. . Dept.Hd.
» 1976 _ : _ _ C. Atty.
DEPARTMENT: _ PLANNING _ ' C. Mgr.
Suknect:PROPOSED CHANGE OF ZONE FROM R-A-10,000 and -R-A-10,000 (F-P) JO
R-A-2.5 ACRES and R-A-2.5 (F-P) - CASE NO. ZC-174
APPLICANT: RUS'SELL GROSSEStatement of the Matter'
On May 12, 1976, the Planning Commission recommended approval of the
requested change of zone for Residential-Agriculture 10,000 sq. ft. min
to Residential 2.5-acre minimum on approximately 24.6 acres easterly
of El Camino Real and adjacent, to Sunny Creek Road.
A condition of a proposed parcel map and subsequent variance(V-255),
Planning Commission Resolution 1246, required the applicant to apply
for a change of zone to 2.5 acres to prohibit further division of this
property since public services are presently inadequate to service any
further development. " '
. Ex hi bit's :
Staff Report, May 12, 1976
Planning Commission Re solution No. 1247
Planning Commission Resolution No. 1246
Recommendati on: .
Staff recommends that ZC-174 be approved for the reasons outlined in
Planning Commission Resolution No. 1247. If the City Counci 1. concurs
with the- Planning Commission recommendation, the Council should direct
the City Attorney to prepare the necessary documents.
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Council action
6-1-76 Following the public hearing the City Attorney w^as instructed
to p_repare the documen-ts necessary for approval.
CITY OF CARLSBAD
PLANNING DEPARTMENT
STAFF REPORT
May 12, 1976
TO:
FROM:
PLANNING COMMISSION
PLANNING DEPARTMENT
CASE NOS.: V-255(A)
ZC-174
APPLICANT: CITY OF CARLSBAD (V-255(A))
RUSSELL GROSSE (ZC-174
REQUEST: Amendment to Condition 2 of V-255 to allow a zone
change to R-A-2.5 acres (FP); change of zone from R-A-10,000
(FP) to R-l-2.5.
RECOMMENDATION:
Variance: Staff recommends that Condition 2 of Planning
Commission Resolution 1202 (V-255) be amended to read:
"(2) Prior to filing a parcel map to subdivide the
property the applicant shall apply for a change of zone
to R-A-2.5 acres".
Zone Change: Staff recommends that ZC-174 be DENIED, and that
a zone change to R-A-2.5 acres (FP) be APPROVED.
BACKGROUND REPORT:
Location and Description of Property: 24.6 acres, located on
the north and south sides of Sunny Creek Road, east of El
Camino Real. The property is in an area of rolling hills with
a stream running parallel to Sunny Creek Road. There is a
steep embankment on the west and south sides of the property;
access, therefore, must be within the valley or to the east.
Existing Zoning:
Subject Property:
North:
South:
East:
West:
R-A-10 (FP)
A-l(8) (County)
M & R-A-10
A-l(8) (County)
E-l-A (County)
Existing Land Use: Subject property and surrounding property
is basically vacant with some agricultural production and single-
family dwellings. These dwellings all take access from Sunny
Creek Road, a private access easement.
History and Related Cases: The subject property was a part of
East Carlsbad Annexation E-2.2, completed August 20, 1962.
The applicant was not the property owner of record at that time.
The applicant was granted a Variance, V-255, October 29, 1975.
(P.C. Resolution 1202, attached). The variance was granted
to allow the subdivision of an existing noncomforming lot
not fronting upon a publicly dedicated easement accepted by
the City Engineer into four such noncomforming lots.
Environmental Impact Information: An Environmental Impact
Statement was prepared for Variance V-255. Based on the
statement and a site inspection, a negative declaration was
issued for the following reasons:
1. The Project entails no major damage in the existing
natural environment; it attempts to maintain it.
2. The Project proposes minimal public facility improve-
ments and service requirements.
The Planning Director has found that the Project complies with
the Environmental Protection Ordinance by Prior Compliance
(Section 19.04.153). The EIA prepared for the variance ade-
quately addresses the impacts of the project, and the physical
circumstances under which the project is to be undertaken
have not changed.
General Plan Information: The project site is designated for
RLM use, 0-4 dwelling units per acre. The proposed zone change
conforms with this designation.
The site falls within the Ralomar Airport Special Treatment
area of the Land Use Element.
Public Facilities: The Project falls within the boundaries of
the Carlsbad Municipal Water District. The District has
written that water service is not currently provided to three
of the four lots. Service will be available when the owner
meets the appropriate water district policies and requirements.
The Project is within the City's sewer service boundary. No
sewer service is currently provided the site. Septic tanks
are an acceptable alternative on approval by the County
Department of Health should soil tests show satisfactory
percolation.
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A major concern of the City with the Project has been the
level of public facilities needed and provided to the Project.
As a result, City Council has instructed Staff to begin work
on a set of rural development standards.
A letter from the Carlsbad Unified School District has been
received assuring the availability of school facilities.
Incidenta1 Information: A portion of the project site falls
within the Agua Hedionda floodplain zone recently adopted by
the City Counci 1.
All affected departments and agencies ha-ve contributed to and
reviewed this report.
Major Planning Consideration: What minimum lot size and uses
will best promote the objectives of the General Plan?
DISCUSSION:
Amendment to Variance: While first hearing the applicant's
request for a zone change on March 31, 1976, the Commission
questioned the validity of 3.5-minimum acre lots as opposed
to 2.5-minimum acre zoning. Staff initially recommended 2.5-
minimum acre zoning in its Staff Report for the variance,
October 29, 1975. Staff continues to feel that 2.5-minimum
acre zoning would limit development sufficiently to avoid
overtaxing the rural-level public facilities available.
Zone Change: The applicant's requested zone, R-l, is not the
zone required by Condition 2 of Resolution 1202, R-A. The
development standards in the two zones are the same. The R-A
zone allows crop-raising and animal husbandry uses not allowed
in the R-l Zone. These uses are quite in keeping with the
applicant's stated intent for the area. Staff therefore
recommends that the R-A Zone be retained. Staff also recom-
mends that any zone change the Commission recommends to
Council specifically include the present FP Overlay designation.
This will avoid any future questions of the current rezoning's
effect of that overlay zone.
ATTACHMENTS:
Location Map
PC Resolution 1202
AMrcpl
(4/29/76)
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No.^g.-/y4- Date Rec'd:
Description of Request:
D°C Date:PC Date 3/2-W?<
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Address or Location of Request:"£••' S
Applicant:
Engr. or Arch.
Brief Legal:LOT
HOU. /&rAssessor Book: ^/)<? Page:
General Plan Land Use Description:^
Ex-isting Zone: l?~-A--iO
Acres: '£.f-.CT Ho. of Lots:
Parcel:
Proposed Zone: /?_ y- z- -^•• s nii1"?^ '
School District:
Water Sanitation District:
Within Coast Plan Area:
DP/Acre. ~
Coast Permit Area:
1 PLANNING COMMISSION RESOLUTION NO. 1247
2 RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CARLSBAD, CALIFORNIA, SETTING
3 FORTH ITS FINDINGS AND RECOMMENDATIONS RE-
LATIVE TO REZONING PROPERTY FROM R-A-10,000
4 WITH APPLICABLE FLOODPLAIN AREA ZONED
R-A-10,000 (F-P) TO R-A-2.5 ACRES WITH
5 APPLICABLE FLOODPLAIN AREA TO BE ZONED
R-A-2.5 (F-P) ON PROPERTY LOCATED ON THE
6 NORTH AND SOUTH SIDES OF SUNNY CREEK ROAD
EAST OF EL CAMINO REAL7 CASE NO.: ZC-174
APPLICANT: RUSSELL W. GROSSE8
9
WHEREAS, a verified application for a certain property,
as shown on the attached map has been filed with the City of
Carlsbad and referred to the Planning Commission; and
WHEREAS, said verified application constitutes a request
I O
as provided by Title 21 of the "Carlsbad Municipal Code"; and
WHEREAS, the public hearing to consider the subject re-15
zoning was held at the time and in the place specified in said
ID
notice on May 12, 1976; and
,0 WHEREAS, the subject application has complied with thelo
,Q requirements of the City of Carlsbad "Environmental Protectioniy
2Q Ordinance of 1972"; and
2« WHEREAS, at said public hearing, upon hearing and consider-
22 ing the testimony and arguments, if any, of all persons who
23 desired to be heard, said Commission considered all factors
24 relating to the Zone Change and found the following facts and
25 reasons to exist:
25 I) The Change of Zone is consistent with the General
Plan because:
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2)
a) The project site is designated for RLM use,
0-4 dwelling units per acre. The proposed zone
change conforms with this designation.
The prpposed Zone Change is consistent with the Carlsbad
Environmental Protection Ordinance of 1972 by Prior
Compliance (Section 19.04.153).
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 R-A-10,000 and R-A-10,000
(F-P) to R-A-2.5 and R-A-2.5 (F-P) is recommended
for approval.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
City of Carlsbad Planning Commission held on May 12, 1976 by
the following vote, to wit:
AYES: Commissioners L'Heureux, Nelson, Larson and
Dominguez.
NOES: None
ABSENT: Commissioners Fikes, Watson and Jose
ABSTAIN: None
Stephen M. L'Heureux, Chairman
ATTEST:
Donald A. Agatep, Secretary
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RESOLUTION OF THE PLANNING COMMISSION OF3
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PLANNING COMMISSION RESOLUTION NO. 1246
THE CITY OF CARLSBAD, CALIFORNIA, APPROV-
ING A VARIANCE FOR THE PURPOSE OF SUB-
DIVIDING AN EXISTING NONCONFORMING LOT
NOT FRONTING UPON A PUBLICLY DEDICATED
EASEMENT ACCEPTED BY THE CITY ENGINEER
INTO FOUR SUCH NONCONFORMING LOTS ON
PROPERTY LOCATED ON THE NORTH AND SOUTH
SIDES OF SUNNY CREEK ROAD EAST OF EL
CAMINO REAL
CASE NO.: V-25508 APPLICANT: RUSSELL W. GROSSE
9
I n WHEREAS, a verified application for a certain property, to
II wit
12 All that portion of Lot B of Rancho Agua Hedionda,
in the City of Carlsbad, County of San Diego, State
of California, according to Map thereof No. 823,
filed in the office of the Recorder of said County,
November 16, 1896 and further described on file at
the City of Carlsbad 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 specified in said notice on May 12, 1976; and
WHEREAS, the applicant has complied with the Public Facili-
ty Policy of the City of Carlsbad and has provided the necessary
information which insures Public Facilities will be available
and current with need; and
WHEREAS, the subject application has complied with the
requirements of the City of Carlsbad "Environmental Protection
Ordinance of 1972" in that an Environmental Impact Statement was
1 was prepared for the project and based on the statement and a
2 site inspection, a negative declaration was issued for the
3 following reasons:
4 1) The project entails no major damage in the existing
natural environment; it attempts to maintain it.5
2) The project proposes minimal public facility improve-6 ments and service requirements.
7 WHEREAS, at said public hearing, upon hearing and consider-
8 ing the testimony and arguments, if any, of all persons who de-
9 sired to be heard, said Commission considered all factors relat-
ing to the Variance and found the following facts and reasons
to exist:
10 (I) It is in the City's interest to permit low-density resi-
dential development which retains the natural terrian and
landscaping of the project site;
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(2) The exceptional or extraordinary circumstances or condi-
tions applicable to this property that do not apply
generally to the other property or class of use in the
same vicinity and zone are:
(a) There is no possibility at this time that the City of
Carlsbad can rovide any street, water, or sewer service
18 to this property since it is bounded on the north,
east and west by County property.
19 (b) The project site is unique in having a large number
20 of mature trees, and in having a steep cliff along
its southern boundary.
21 (3) This variance is necessary for the preservation and enjoy-
22 ment of a substantial property right possessed by other
property in the same vicinity and zone, but which is denied
23 to the property in question because:
24 (a) Most of the property in the vicinity is under the
County's jurisdiction, and the parcel split requested
25 would be granted by the County without the stringent
requirements of the City.
oc
(4) The granting of this variance will not be materially detri-
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or improvements in the same vicinity and zone in which the
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(a) The character of the property in the- area is rural and
the proposed project will maintain this character.
(5) The granting of this variance will not adversely affect the
comprehensive General Plan:
(a) The density and lot size of the parcel map is well with
in the comprehensive General Plan and the property does'
not affect in any way any current foreseeable roadway
system.
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 Variance for the purpos'e of subdividing an existing
nonconforming lot not fronting upon a publicly dedicated
easement accepted by the City Engineer into four such non-
conforming lots on property located on the north and south
sides of Sunny Creek Road east of El Camino Real, be approvejd
and is subject to the following conditions:
(1)
(2)
(3)
(4)
(5)
(6)
The previous Variance approval on this property
(Planning Commission Resolution No. 1202) shall
become null and void.
The approval is
application and
in Exhibit "A",
granted for the
any attachments
dated September
land described in the
thereto and as shown
12, 1975.
Prior to filing a parcel map to
the applicant shall apply for a
R-A-2.5 and R-A-2.5 (F-P) acres
subdivide
change of
the property,
zone to
Improvement plans for the project shall include the
provision of direct water service to all lots.
The location of fire hydrants and their fire flow shall
be approved by the Fire Chief prior to approval of a
parcel map.
As a condition of the required tentative parcel map,
the subdivider or his successors in interest shall:
(a) Agree not to oppose the formation of the proposed
College-Cannon Improvement District;
(b) Offer to dedicate a 100 foot right-of-way plus
approved construction slope easement to match as
best as possible, the route of the secondary
arterial proposed to intersect the northeast corne
of the parcel - any difference in area between pro
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posed and utilized right-of-way shall be vacated
to the owner.
(c) Offer to dedicate a 15 foot wide sanitary sewer
easement along Sunny Creek Road within the sub-
division boundary, as approved by the City Enginee
(d) Execute a lien contract for future construction of
a 20 foot wide paved road from the proposed lots
to El Camino Real to be fulfilled if the afore-
mentioned secondary arterial has not been installejd
within five years.
(e) Subdivide the parcel so that each lot has direct
access to the aforementioned secondary arterial
or to a dedicated or private improved residential
street connected to that arterial. Said residential
street shall meet the standards of the City's
Rural Development Ordinance.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
City of Carlsbad Planning Commission held on May 12, 1976, by
the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Commissioners L'Heureux, Nelson, Larson and
Dominguez.
None
Commissioners Fikes, Watson and Jose.
None
Stephen M. L'Heuruex, Chairman
ATTEST:
Donald A. Agatep, Secretary
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