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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 , .W«" ————————— . Vw^ >-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 •!•• 20 22. 22 23 24 25 26 27 28 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.) _ ! - : - 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. XXXXXXXXXXX v..., 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: 12 17 18 19 20 21 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: 15 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 23 '24 25 ERIC LARSON, CHAIRMAN 26 ATTEST: 27" 28 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 - 2 - 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 : ^ '_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 - J ll/tf / 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 .1 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 .2