HomeMy WebLinkAbout1976-06-01; City Council; 3670; Proposed Change of Zone R A 10000 to PM Q Stallard for EckeCITY OF CARLSBAD
AGENDA BILL NO. _^£ 7O, -
DATE: June 1 , 1976
DEPARTMENT: PLANNING
Subject: pROpoSED CHANGE OF ZQNE FROM R-A-10,000 TO PM-Q (ZC-175)
APPLICANT: L. BRUCE STALLARD (AGENT FOR PAUL ECKE)
Statement of the Matter*
The applicant requested P-M zone and objected 'to requiring the "Q" overlay.
The Planning Commission reviewed the applicant's request, but'approved the
P-M with the Qualified Zone to ensure an adequate water supply. There is
not an adequate water supply presently available for most uses permitted in
the P-M zone. The "Q" zone will ensure that an adequate system will be
constructed to service any new use plus provide for needed review of
traffic needs and site design.
On May 12, 1976, the Planning Commiss-ion recommended approval of a requested
change of zone from Resident!'al-Agri c'ul tura.1 (10,000 sq. ft. minimum)
(R-A-10.iOOO) to Planned-Industrial-Qual if ie'd (PM-Q) on approximately 4.3
•acres north of Palomaf Airport Road, south of the Burroughs' facility and
west of Avenida Encinas.
The proposed rezoning is consistent with the Land Use Element of the
General Plan and all applicable sections of the General Plan.
The Planning Commission decision is outlined in Planning Commission Reso-
lution No. 1248.
Exhibits: .
Staff Report dated May 12, 1976
Planning Commission Resolution ' No. 1248
Recommendation: :-
If the City Council concurs with the recommendations of the Planning
Commission, the City Council should instruct the City Attorney to prepare
the necessary documents.
Council action
6-1-76 Following the public hearing the City Attorney was instructed to
prepare the documents necessary for approval.
CITY OF CARLSBAD . -
Planning Department ->
' x
. . .STAFF REPORT
'' May 12, 1976
TO: PLANNING COMMISSION
FROM: PLANNING DEPARTMENT
CASE NO.: ZC-175
APPLICANT: L. BRUCE STALLARD (AGENT)
REQUEST; Change of zone from R-A-10,000 to P-M
SECTION I: STAFF RECOMMENDATION:
Staff recommends that ZC-175 be approved, with Qualified (Q) zone
overlay to PM-Q because of the following findings:
1) General Plan Consistency: The proposed zone change is con-
sistent with the General Plan because:
a) The P-M zone restricts land use to the type described
in the Planned Industrical section of the Land Use
Element.
b) Public Facility adequacy will be insured subject to Site
Development Plan review at the time of development.
c) The zone change will have no adverse effect on any element
of the General Plan.
2) Environment; The zone change is consistent with the Carlsbad
Environmental Protection Ordinance of 1972 because:
a) A negative declaration has been filed by the Planning
Department for the project because the site is flat,
located between established industrial uses, is buffered
by the railroad right-of-way, and is near major trans-
portation corridors.
3) Public Facilities: The proposed zoned change is consistent
with applicable City Public Facilities Policies and Ordinances
because:
a) Minimum public facilities exist.
b) At the time of development, staff review will evaluate
the land use type in relation to adequacy of current
and future availability of public facilities.
SECTION II: STAFF BACKGROUND REPORT:
Location and Description of Property: The subject .property is
located at the northwest corner of Avenida Encinas and Palomar
Airport Road. The property is bounded on the west by the
Atchison, Topeka and Santa Fe Railroad right-of-way, to the east
with Avenida Encinas, on the north by the Burroughs Corporation
parking lot, and on the south by the Palomar Airport Road bridge
over A.T.S.& F. R.O.W. The flat 4.3 acre parcel has been used
for agriculture in the past and is now vacant.
Existing Zoning:
Subject Property:
North:
South:
East:
West:
Surrounding Land Use:
Subject Property:
North:
South:
East:
West:
R-A-10
P-M
Palomar Airport Road and M
R-A-10 & C-l, C-2
R-A-10
Vacant
Burrough Corp. Parking Lot
ATS&F Overpass-Palomar Airport Rd.
and adjacent gas station.
Avenida Encinas, gas station & nursery
ATS&F right-of-way and agriculture
Environmental Impact Information: An Environmental Impact Assess-
filed. Staff has determined that no significant
impact will result from the proposal. A Negative
ment has been
environmental
Declaration has been issued.
General Plan Information the_ The General Plan Land Use Map shows
subject property as Planned Industrial (P-I). The P-I area on
the Land Use Map includes the subject property and additional land
between Avenida Encinas and the railroad north to Cannon Road.
Public Facilities; The Fire Department has indicated that water
service in the area is "marginal" and that it should be upgraded.
Street improvements exist on Avenida Encinas.
The Burroughs Corporation to the north of the subject property, has
previously suggested a traffic signal at the intersection of Palomar
Airport Road and Avenida Encinas.
Major Planning Consideration: Are public facilities in the area
adequate to handle any possible increases in use as allowed by
the requested zoning?
Will the Zone Change carry out the intent of the General Plan?
SECTION III: DISCUSSION:
Staff feels that the location of the subject request, at the inter-
section of Palomar Airport Road and Ayenida Encinas, may under cer-
tain uses, render some public facilities inadequate.
However, the General Plan calls for Planned Industrial uses, which
are compatible with the requested zoning.
Since the Planned Manufacturing zone allows a broad spectrum of
uses, and any one of these uses could be initiated at any time
after a zone change is accomplished, staff feels that a Qualified
Zone overlay would be appropriate for the subject property.
The area surrounding the subject property is transitional in its
land use. The area has been utilized in the past for agriculture
and has in the last few years begun to attract industrial/commercial
uses. Traffic volumes are changing, as are demends on water and
sewer facilities. As a result, staff feels that the situation should
be evaluated as development occurs. The Qualified Zone overlay will
insure the evaluation.
The requested change of zone is appropriate at this time and the "Q"
zone gives the ability to review the specific land use when it is
initiated.
TH:mdp
Attachments:
Location Map
Letter dated April 27, 1976 from L. Bruce Stallard
-3-
-A-10.000
PALOMARAIRPORT RD
. Date'.Rec'd: 3/5-/7<b > DCC Date:
Description of Request: CAoipe- c>P 2:0/7 e.' -Prom R-A-/O
PC
Address or Location of Reuest:
Appl 1 cant:
Engr. or Arch
Brief Legal:
_
6 f/o. //arcf
Assessor Book: £/O Page
General Plan Land Use Dcscription:
Existing Zone: /^-^-/£>
Acres: .#33 • No. of: Lots;..
School District:
Parcel:
Proposed Zone: /PA;
• v DU's
Water Sanitation District:
Within Coast Plan Area:
DU/Acre
Coast Permit Area:
L BRUCE STALLARD
_ REALTOR
REALIOR. TEU.PHONE (714) 234-4139
1222 INDIA STREET
SAN DIEGO. CALIFORNIA 92101
April 27, 1976
Mr. DonAgatep .
Director of Planning p. ** § IQ
City of Carlsbad M^ Of ^
1200 Elm Street
Carlsbad, California 92008
Subject: ZC - 175
Dear Mr. Agatep:
We appreciate the opportunity of meeting with you and other
members of the coordinating committee on Tuesday, April 20, 1976.
The matter of the "Q" zone took us by surprise.
After long discussions between Mr. Ecke and myself, and
following thoughtful consideration of the adverse effect that a "qualified"
zone overlay to PM will have, it is believed desirable that the staff
reconsider their recommendation and zone the property PM eliminating the
"Q".
It is believed that the "Q" zone is not in the best interest of
either the City of Carlsbad nor the property owner, Paul Ecke, for many
reasons including but not limited to the following:
(1) Prospective users are becoming extremely apprehensive in getting
involved with unzoned property and they shy away from it because of
the uncertainties and loss of time required to develop.
(2) It places an unusual burden upon the owner to prolong carrying the
land with loss of potential revenue and the burden of continued increas-
ing taxes which will result by narrowing of the market that will result
from "Q" zoning.
(a) The owner/developer, not knowing what is going to be required,
is not in a position to give a potential user a firm quote 'on land
value as a basis for negotiation.
(3) This property is in the coastal zone. The burden of cost and delay
required to procure coastal commission approval is in itself a very
real handicap which adversely affects the development potential of
MEMBER
w
Mr. Don Agatep April 27, 1976
Page 2
this property. We hope you will agree to not further encumber
the land with the "Q" overlay.
Mr. Ecke fully developed Avenida Encinas North on both sides
at his expense in the vicinity of the Subject Property. The improvements
included curbs and sidewalks on the east side of Avenida Encinas, street
lighting, water and sewer. All this as well as Palomar Airport Road was
accomplished in accordance v/ith the requirements of the City of Carlsbad.
.It would therefore appear that if a loop in the water line serving this area
or that a signal light is needed at Palomar Airport Road and Avenida Encinas,
that this should be done now and not place the burden of bringing these
matters to a head at a time when we are trying to create a facility for a very
specific user on a time schedule basis.
As set forth in your memorandum of April 20, 1976, the zoning
being asked for here is entirely consistent with all of your present and
future planning. It is considered that both the City of Carlsbad and the
owner would be benefitted by the PM zoning without the "Q" qualification.
Sincejrely yours,
L. BRUCE STALLARD
LBSrjlc
cc: Paul Ecke
Michael Reidy
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PLANNING COMMISSION RESOLUTION NO. 1248
RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CARLSBAD, CALIFORNIA, SETTING
FORTH ITS FINDINGS AND RECOMMENDATIONS RE-
LATIVE TO REZONING PROPERTY FROM R-A-10,000
TO PM-Q ON PROPERTY LOCATED AT THE NORTHWEST
CORNER OF AVENIDA ENCINAS AND PALOMAR AIR-
PORT ROAD
CASE NO.: ZC-175
APPLICANT: L. BRUCE STALLARD (AGENT)
WHEREAS, a verified application for a certain property, as
shown on the attached map has been filed with the City of
Calrsbad 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 re-
zoning was held at the time and in the place specified in said
notice on May 12, 1976; and
WHEREAS, the subject application has complied with the re-
quirements of the City of Carlsbad "Environmental Protection
Ordinance of 1972"; and
WHEREAS, at said public hearing, upon hearing and consider-
ing 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 P-M zone restricts land use to the type
described in the Planned Industrial section
of the Land Use Element.
11
b) Public Facility adequacy will be insured sub-
ject to Site Development Plan review at the
time of development.
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 Carls- ,
bad Environmental Protection Ordinance of 1972 because:
C a) A negative declaration has been filed by the
7 Planning Department for the project because the
site is flat, located between established in-
dustrial uses, is buffered by the railroad right-
of-way, and is near major transportation corridors
g
3) The proposed zone change is consistent with applicable
10 City Public Facilities Po-licies and Ordinances because:
a) Minimum public facilities exist.
12J b) At the time of development, staff review will
evaluate the land use type in relation to adequacy
13 of current and future availability of public
facilities.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission
15 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 to PM-Q is
1g recommended for approval.
19 PASSED, APPROVED AND ADOPTED at a regular meeting of the
20 City of Carlsbad Planning Commission held on May 12, 1976 by
21 the following vote, to wit:
22 AYES: Commissioners L'Heureux, Nelson, Larson and
Dominguez
23
NOES: None
24
ABSENT: Commissioners Fikes, Watson and Jose
25
ABSTAIN: None
26
ATTEST: Stephen M. L'Heureux, Chairman
27
28 Donald A. Acatep, Secretary
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