HomeMy WebLinkAbout1977-04-19; City Council; 5033; Cabot Cabot & Forbes Palomar Properties Inc Zone Change from L-C to R-A ZC 189• ' • - ' CITY 0. CARLSBAD ,
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>-i* ~ *>* Initial :
AGENDA BILL NO. *jQ33 ( ' Dept. Hd.
DATE:_ April 19, 1977 . City AUy
DEPARTMENT: PLANNING City Mgr.
SUBJECT:
CASE NO: ZC-189
APPLICANT: CABOT, CABOT & FORBES1 (PALOMAR PROPERTIES, INC.)
ZONE CHANGE FROM L-C TO R-A. '
STATEMENT OF THE MATTER '. °
REQUEST
The subject property is situated on the east side of El Camino Real,
between Alga Road and Palomar Airport Road. This property is a remnant
parcel created by the alignment of El Camino Real in relation to property
lines. The subject site is part of a knoll that is generally at grad .
with El Camino.. To the east of this knoll the slope becomes to great for
access. Therefore, access must be from El Camino Real. This along with
the odd shape of the property, could lead to development problems. Staff
recommended that the qualified zone be placed on the property, so that
development could be approved by the site development process. For.
additional information on this matter see memorandum to City Manager.
The staff report presented to the Planning Commission on March 2Z, 1977
did not fully present a discussion on applying the qualified zone. The
report has been modified to include this information. The Planning
Commission agreed with staff arid recommended that the zone be changed
to R-A-Q.
EXHIBITS '
Planning Commission Resolution No. 1346 " --
Revised Staff Report, dated March 23, 1977 " - —
Location Map •
Memo to City Manager, dated April 13, 1977
RECOMMENDATION • .
It is recommended that the City Attorney be directed to prepare the
necessary documents approving ZC-189, as per Planning Commission
Resolution No. 1346.
Council action .
4_19_77 The matter was returned to the Planning Commission for further-
consideration of zone designation. .
FORM PLANNING 73
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V,,-
PLANNING COMMISSION RESOLUTION NO. 1346
RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CARLSBAD, CALIFORNIA, SETTING
FORTH ITS FINDINGS AND RECOMMENDATIONS
RELATIVE TO REZONING PROPERTY FROM L-C
TO R-A-Q ON PROPERTY LOCATED ON THE EAST
SIDE OF EL CAMINO REAL BETWEEN PALOMAR
AIRPORT ROAD AND ALGA ROAD.
CASE NO. : ZC-189
APPLICANT: CABOT, CABOT & FORBES
(PALOMAR PROPERTIES, INC.)
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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
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 March 23, 1977; 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 con-
sidering 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) Qualified Zone: The addition of the Qualified Overlay Zone
will assure through the site development plan approval process,
that the following factors will be considered prior to
development:
a) Noise from traffic along El Camino Real.
b) Accessibility to adjacent property.
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2} General Plan: The proposed zone change is consistent with the
General Plan because:
a) The Land Use Element designates this area as "RLM" (Low-
Medium Density Residential) which allows 0-4 dwelling unit
per gross acre.
b) The Zone Change will have no adverse effect on any element
of the General Plan.
3) Environment: The Zone Change is consistent with the Carlsbad
Environmental Protection Ordinance of 1972 because:7
a) The proposal is consistent with the General Plan.
b) The project area is small in scale.9
4) Public Facilities: The proposed Zone Change is consistent wit10
cause:
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applicable City Public Facility Policies and Ordinances be-
a) Public facilities required to serve this development under
the new zoning are no different from those required under
the existing zone.
• NOW, THEREFORE, BE IT RESOLVED by the Planning Commission
of the City of Carlsbad as follows:
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16 A) That the above recitations are true and correct.
B) That the Zone Change from L-C. to R-A-Q is recommended for
approval.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
City of Carlsbad Planning Commission held on March 23, 1977 by the
following vote, to wit:
AYES: Commissioners Larson, Nelson, Rombotis, Jose,
Fikes and L'Heureux22
NOES:. None
ABSENT: Commissioner Watson
ABSTAIN: None
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ERIC LARSON, CHAIRMAN
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ATTEST:
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RALP*? S. PLENDER, SECRETARY
REVISED STAFF REPORT
March. 23, 1977
TO: PLANNING COMMISSION
FROM: PLANNING DEPARTMENT
CASE NO.: . ZC-189
REQUEST: . ZONE CHANGE FROM L-C TO R-A
APPLICANT: CABOT, CABOT & FORBES (PALOMAR PROPERTIES, INC.)
SECTION I: RECOMMENDATION
Staff recommends that the zone change to R-A NOT BE APPROVED but does
recommend-APPROVAL of a change to R-A-Q for the following reasons:
1. Qual if led Zone: The addition of the Qualified Overlay Zone to the
requested R-A Zone wi11 assure, through the site development plan
approval process, that the following factors will be considered
prior to development:
a) Noise from traffic along El Camino Real.
b) Accessibility to adjacent property.
2. General Plan: The proposed zone change is consistent with the
General Plan because:
a) The Land Use Element designates this area as "RLM" (Low-Medium
Density Residential) whi.ch allows 0-4 dwelling units per gross
acre.
b) The Zone Change will have no adverse effect on any element of
the General Plan.
•3. Environment: The Zone. Change is consistent with the Carlsbad
Environmental Protection Ordinance of 1972 because:
a) The proposal is consistent with the General Plan.
b) .The project area is small in scale.
4) Public Faci 1ities: The proposed' Zone Change is consistent with
applicable City. Public Facility Policies and Ordinances because:
a) Public facilities required to serve this development under the
'new zoning are no different from those required under the
exi sting zone. •
b) All necessary on and off-site improvements will be required
concurrent with development.
Section II: BACKGROUND REPORT
LOCATION AND DESCRIPTION OF PROPERTY:
East side of El Camino Real between Palomar Airport Road and Alga Rd.
The parcel contains approximately 3 acres of land and is irregular
in shape. The ground slopes gradually upwards from El Camino Real
to the east. Beyond this property to the east and south, the ground
slopes steeply downwards.
Existing Zoning:
Subject property:
North:
East:
South:
. West:
Existing Land Use:
Subject property:
North:
'-East:
South:
West:
L-C
P-C
P-C
P-C
P-M
Vacant
Vacant
Vacant
Vacant
Industrial Park
Past History and Related Gases:
This property is a remnant parcel of the Cabot, Cabot & Forbes Industrial
Park. Because of the separation from the park by El Camino Real, this
not included in earlier considerations by the City. It
the City along with the Industrial Park but did not
Therefore it was automatically zoned L-C.
parcel was
was annexed to
receive zoning
PUBLIC FACILITIES: •
A letter has been received from the Carlsbad Unified School District
assuring school facilities will be available.
This property could presently be developed with agricultural uses and
a single-family residence. After rezoning, the same development could
occur without further discretionary action by the City except for
approval of site development plan. Sewerage would probably be by septic
tank and leach line in either case.
If more intensive development is to be proposed, further discretionary
action (i.e.: subdivision map, conditional use.permit, etc.) will
be required. At that time, the City would have to be assured, of the
availabil'i ty of all public facil'ities to serve the
be assured, of
project.
Major Planning Considerations: ' •
1. -Would development permitted under the proposed zone be appropriate
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for the area?
SECTION III; DISCUSSION
As discussed above, the uses permitted under.the new zone are no .
different that already allowed. Also, the proposed zone is consistent
with the General Plan. Staff feels that the specific problems with
this site can be adequately addressed and resolved through the site
development plan process. The major- concerns of development in this
area include the impact of noise along El Camino Real and how this
propertys development may affect potential development of adjacent
property. All of the adjoing land to the south and east is owned by
La Costa Land Company and is part of the La Costa Master Plan covering
their P-C zoned properties. Less than 10 acres of this Master Plan
area is at the same grade as the subject property. The attached
topographic map shows the relationship of the subject property and the
adjoining La Costa property. Staff feels that any potential development
of the La Costa property has adequate access to El Camino Real, Also,
the site development plan process required for development of the sub-
ject property Will minimize its possible impact on the La Costa property,
Attachments:
Location Map
Topographic Map
MZ: ar
3/29/77
400
CAMINO VIDA
ROBLE
ZC - 189
L-C TO R-A
COMPILED FROM DATA SHOWN
IN SAN DIEGO COUNTY ASSESSOR
BOOK 213 PAGE 050 PARCEL 16
AND CITY OF CARLSBAD
OFFICIAL ZONING MAP
Case l^.Date R
Description- of Request:
DCC C Da 1 6^
R-Av
Address or Location of Reues t:
.._Appl i cant : _
F n Q r . or Ar c n .
Br i ef Leyal :
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'_jtS£__6j&I^C^3__A^J6J4£J2USt!^2A,
Assessor Bcok:_j?J3_ _____ Page:.__O:SU5- Parcel:
General Plan Land Use - Description :____g_L &\_
existing Zone: LlO Proposed "Zone: __Rj^.£\
Acres r^.JL^J. ZF°• °^ Lc^s: I °u' s__jJ/A_School Distri
<£-,
_U'ater Sani tati on District:
K'ithiri Coast Plan Area:
to t> /'--- ____________ _ _ __________oast Permit/Area:
FORM MANNING 52
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MEMORANDUM - APRIL 13, 1977
TO: PAUL BUSSEY
CITY MANAGER
FROM: JIM HAGAMAN, PLANNING DIRECTOR
RE: ZC-189
The applicant requested a zone change from L-C to R-A so that
this property could be used for a plant nursery. The R-A zone
permits a plant nursery by Conditional Use Permit, (Section
21.42.010, paragraph #3). Staff agreed that a nursery might
be a viable use for this parcel. However, a rezoning, consistent
with the General Plan was necessary before consideration of the
CUP.
Staff was concerned about the access from El Camino Real and
the property relationship to the surrounding properties to the
east. Therefore staff recommended that the Q Overlay Zone be
placed on this property. Planning Commission agreed, and rec-
ommended that the property be rezoned to R-A-Q.
One of the major problems with this property is that it is
situated on a knoll that is generally level with El Camino Real.
This knoll only has access to El Camino Real since it drops off
rapidly to the valley on the east.
After the Planning Commission decision, staff re-investigated the
site and determined that there is approximately twice again as
much land on the knoll as in the property being rezoned. The
remaining portion of the knoll belongs to La Costa Land Company,
and is part of the lot that includes the valley. A nursery
on the site, would therefore cover only a small percentage of the
knoll, and development may preclude proper development of the
entire knoll. Staff believes a nursery may be an efficient
interium use, provided the City, through the Q Zone, does not
permit major structures. However, the R-A Zone also permits
other uses, such as single-family development on 7500 square foot
lots.
With this in mind, staff now believes that a more appropriate
zone is E-A-Q. E-A-Q would still allow the nursery by Conditional
Use Permit. However, non-agricultural uses are prohibited, except
for one-single family unit per lot. Also, property could not be
subdivided, since the minimum lot that can be created is 10 acres.
The E-A Zone would provide the applicant with the ability to use
the property as a nursery. The Q Zone would allow the City
development review to insure that permanent structures would not
be constructed. In addition, the nursery would leave options open
for negotiations for consolidation with the land to the east to
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develop the knoll as a total unit. The knoll could then be
developed with a public street, paralleling El Camino Real
and the lots oriented towards the slope with views to the
valley below. This type of development would reduce the traffic
conflicts, noise and the visual problems with El Camino Real.
Planning staff believes that the entire knoll should be developed
residentially as one unit in the future.
Recommendation
It is recommended that the City Council direct staff to prepare
documents rezoning the property to E-A-Q instead of R-A-Q as
recommended by the Planning Commission.
Staff does not believe that this matter need be referred back to
the Planning Commission since the new recommendation is more
restrictive than staffs' original recommendation, and the charge
will not substantially affect the applicants reason for making
the rezone request.
BP:JCH:ar
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