HomeMy WebLinkAbout1977-05-17; City Council; 5033-1; Cabot Cabot & Forbes Palomar Properties Inc Zone Change from L-C to E-A-Q ZC 189~CITY Qt .CARLSBAD
DEPARTMENT:
IAGENDA BILL NO. #5033 SUPPLEMENT? 1 '
DATE: Ma 1
x
PLANNING
Initial:. <~)/?/}
Dept. Hd. /y&U—
City Atty_
City Mgr._
SUBJECT:
CASE NO: ZC-189
APPLICANT: -CABOT, CABOT & FORBES
ZONE CHANGE FROM L-C TO E-A-Q.
STATEMENT OF THE MATTER
REQUEST ;
The subject property is situated on the east side of El Caraino
Real, south of Palomar Airport Road. It is an odd shaped *
property that occupys a portion of a knoll that drops steeply to
the 'east: 'Originally the Planning Commission recommended approval
from L-C to R-A-Q. However, at the City Council meeting of April
19, 1977, staff indicated some possible problem with the R-A
zone as it related to the future development of the knoll. Staff
recommended that instead of the R-A-Q as recommended by Planning
Commission, that the City Council consider changing the zone to •
E-A-Q. . •
The City Council agreed and returned this matter to the Planning
Commission for further report and 'directed the City Attorney to
prepare documents approving this zone change .to be submitted along
with' the report.
The Planning Commission reviewed this request on April -27, 1977 and
concurred that E-A-Qis the .preferable zone of the property. The
City Council resolution approving E-A-Q has been prepared for your
adoption along with action orr "ZC-3,89. '
EXHIBITS; -: ';"
City Council Resolution NO.
Planning staff memo to Planning Commission, .dated, 'April 27, 1977.
Memo to City Manager form Planning Director' dated, April. 13, 1977.
Planning Commission Resolution No". 1346. ;
Location Map"
Topography .Map '
City Council Ordinance No/
Jeanette Steele's letter to the City Council, dated May 10, 1977.
RECOMMENDATION ; . : . .
It ig recommended that the City Council approve ZC-189 as per Planning
Commission Resolution No. 1346, changing the action to a change of
zone from L-C to E-A-Q and it is further 'recommended that the City
Council introdu'ce Ordinance No. tftt$U for fir^t reading.
FORM PLANNING 73
-2-
AGENDA BILL NO. 5033 - Supplement #1
5-17-77 Resolution #5087 was adopted, announcing findings and decision
regarding change of zone.
Ordinance #9484 was introduced for a first reading granting a
change of zone.
6-7-77 Ordinance #9484 was given a second reading and adopted,
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RESOLUTION NO. 5087
A RESOLUTION OF THE CITY COUNCIL OP THE
CITY OF CARLSBAD, CALIFORNIA, ANNOUNCING
FINDINGS AND DECISION REGARDING CHANGE OF
ZONE (ZC-189) FROM L-C TO E-A-Q ON PROPERTY
GENERALLY LOCATED ON THE EAST SIDE OF
EL CAMINO REAL BETWEEN PALOMAR AIRPORT
ROAD AND ALGA ROAD. APPLICANT: CABOT, CABOT
& FORBES (PALOMAR PROPERTIES, INC.)
WHEREAS, on March 23, 1977 a duly advertised public hearing
was held before the Planning Commission in the manner prescribed
by law to consider a change of zone from L-C to R^-A-Q on property
generally located on the east side of El Camino Real between
Palomar Airport Road and Alga Road; and
WHEREAS, at the conclusion of said hearing the Planning
Commission of the City of Carlsbad adopted Resolution No. 1346
recommending said zone change which is herewith referred to and
made a part hereof; and
WHEREAS, on April 19, 1977, the City Council held a public
hearing on the matter, received all recommendations and heard
all persons interested in or opposed to the proposed change of
zone; and
WHEREAS, at said meeting, upon recommendation of the Planning
Staff that the property be rezoned E^A-Q instead of R^A^Q, the
City Council returned the matter to the Planning Commission for
reconsideration and further report; and
WHEREAS, on April 27, 1977, the Planning Commission did
review this matter and concurred with Staff's recommendation; and
WHEREAS, the Planning Director has determined that said
change of zone will have a nonsignificant impact on the environ-
ment, and a Negative Declaration has been prepared and filed
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in satisfaction of the requirements of the City of Carlsbad
Environmental Protection Ordinance of 1972 and the California
Environmental Quality Act;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Carlsbad as follows:
1. That the above recitations are true and correct.
2. That the reasons for the zone change approval are as
contained in the Planning Director's memorandum to the City
Manager dated April 13, 1977, as approved by the Planning Commissio:
on their reconsideration of the matter on April 27, 1977, and
that those findings constitute the findings of the City Council
in this matter.
3. That the approval of the proposed change of zone
classification is necessary to carry out the general purpose
of Title 21 of the Municipal Code.
4. That the City Council of the City of Carlsbad intends
to adopt an ordinance to effectuate the proposed change of zone.
PASSED, APPROVED AND ADOPTED at a meeting of the City
Council on the 17th day of May , 1977, by the following
vote, to wit:
AYES: Councilmen Frazee, Lewis, Packard and
Councilwoman Casler
NOES: None
ABSENT: Councilman SkotnickiX? .
J^^^/C czi**^ROBERT C. FRAZEE, Ma!yor
ATTEST :
S^/L^^XX <tfat**SS
MAFflGARBT E. ADAMS, Oity -Clerk
(SEAL)
2.
MEMORANDUM - APRIL 27, 1977*•*
TO; ._ PLANNING COMMISSION
FROM: ' PLANNING DEPARTMENT
RE: ZC-189
The Planning Commission approved ZC-189 on March 23, 1977
as zone change from L-C to R-A-Q as staff recommended. During '-->
the preparation of the Agenda Bill for the City Council meeting
further discussions arose regarding the impacts of the R-A
zoning on the remaining portions of the knoll that the subject
property is situated on. It was decided that the R-A zone may not
be an appropriate zone to place on the property, since the
subject property should be an intrical part of the entire knoll
area. See attached topography map for knoll area.
The Planning Director prepared a memorandum to the City Manager
on this matter, and is attached for your information. In this
memorandum staff recommended that the City Council not rezone
the property to R-A-Q, but instead to E-A-Q. E-A-Q is t&e-.ex-
clusive agricultural zone which would not permit subdivision .
of the property, but yet allow a plant nursery as the requested
by the applicant. Planning Staff felt that such a decision
would be in keeping with the Planning Coiamissions1 recomen-
dation, and therefore would not have to be returned to the Plan-
ning Commission.
However, the City Attorney felt that such a change was significant
enough that it would have to be returned to the.Planning Commission,
So that no time would be wasted, we placed this item on this
agenda so that it could be returned to the City Council as soon as
possible. '
Recommendation; *
It is recommended that the Planning Commission direct staff to
prepare the necessary documents changing the zone of the subject
property from L-C to E-A-Q.
Attachments;
Memorandum dated, April 13, 1977 to City Manager
Revised staff report dated, March 23, 1977.
Location Map .
Topographic Map
BP:ar .
MEMORANDUM - /***RIL 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.
i
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
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 th«*3slope 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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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.
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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 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 Facilities: The proposed Zone Change is consistent with
applicable City Public Facility Policies and Ordinances be-
cause:
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:
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,
Pikes and L'Heureux
NOES:: None
ABSENT: Commissioner Watson
ABSTAIN: None
ERIC LARSON, CHAIRMAN
ATTEST:
RALPH' S. PLENDER, SECRETARY
4OO
CAMINO VIDA
ROBLE
ZC- 189
L-C TO R-A
7500±
1V
A*f]fr-
ALGA RD
COMPILED FROM DATA SHOWN
IN SAI\( DIEGO COUNTY ASSESSOR
BOOK 213 PAGE 050 PARCEL 16
AND CITY OF CARLSBAD
OFFICIAL ZONING MAP
Case N'o.Z^jg^ Date Rec'd: 2.//Q/77 DCC Date:.^/s-/77 P£ Dai
Description of Request: Z£>Mg C-HAO<!=*g PasMl ^~<1 Tto R-Av
y7
Address or Location of Request:
Applicint:_
<^v= ^L. Cf\MI^O
Fngr. or Arch. KJ//\
Brifef Lecjal: fbP " ^>fcr- t
Assessor Dcok: _?\3
- i '^ '-a.r-^—
M
General Plan Land Use Description:
Existing Zone:
.Acres: vjL_£?_
School
_Parcel:
.
___ _ Proposed Zone: R— A ____
1 No. of Cots: __ I ___ ; __ DU'~s__]g/*C~ _l"
Water Sanitation District:
Within Coast Plan Area: .
_______ _____________
'Cons't'Periiiit "Area:
FORM PLANNING 5Z
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ORDINANCE NO. 9484
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, AMENDING
TITLE 21 OF THE CARLSBAD MUNICIPAL CODE
BY AMENDING THE ZONING MAP TO GRANT A
CHANGE OF ZONE (ZC-189) FROM L-C TO E-A-Q
ON PROPERTY LOCATED ON THE EAST SIDE OF
EL CAMINO REAL BETWEEN PALOMAR AIRPORT
ROAD AND ALGA ROAD. APPLICANT: CABOT,
CABOT, & FORBES (PALOMAR PROPERTIES, INC.)
The City Council of the City of Carlsbad, California does
ordain as follows:
SECTION 1: Title 21 of the Carlsbad Municipal Code is
amended by the amendment of the zoning map to grant a change of
zone (ZC-189) from L-C to E-A-Q on property as shown on map
marked ZC-189, Exhibit A, attached hereto and made a part hereof.
EFFECTIVE DATE: This ordinance shall be effective thirty
days after its adoption, and the City Clerk shall certify to
the adoption of this ordinance and cause it to be published at
least once in the Carlsbad Journal within fifteen days after its
adoption.
INTRODUCED AND FIRST READ at a meeting of the Carlsbad City
Council held on the 17th day of May , 1977, and thereafter
PASSED AND ADOPTED at a meeting of said City Council held
on the 7th day of June , 1977 by the following vote,
to wit:
-AYES:
NOES:
ABSENT:
Councilman Frazee, Lewis, Packard, Skotnicki and
CounciIwoman Casler
None
None
ROBERT C. FRAZEE,
ATTEST:
SAREff E. ADAMS, 6ity Clerk
/
(SEAL)
AIRPORT RD
CAMINO VIDA
ROBLE
ZC- 189
L-C TO E-A-Q
COMPILED FROM DATA SHOWN
IN SAN DIEGO COUNTY ASSESSOR
BOOK 213 PAGE 050 PARCEL 16
AND CITY OF CARLSBAD
OFFICIAL ZONING MAP
CASE NO. 21 C - I % °( P.C. RES. NO
EXHIBIT
DATE
"A"C.C. RES NO
C.C. ORD.NO
( IF APPLICABLE )
May 10, 197?
City Council
City of Carlsbad
1200 Elm Ave.
Carlsbad, Ca. 92008
Attentions Mr. Robert Prazee, Mayor
Re: Agenda Bill #5033, Limited Control to Agriculture
on property located on the east side of El Camino
Real between Alga Road & Palomar Airport Rd.
Dear Mr. Frazees
I understand the public hearing has been held regarding
zone change for the above referenced property to read:
E.A.Q. This does not answer my question as what will
be done with this property. As I stated in my letter
on April 26, green houses or any other type commercial
garden buildings would certainly detract from this now
beautiful area and at this time it is my opinion that
the property should stay as a Limited Control zone until
such time that the property could be put to use with
either residential one family homes or construction
that would keep the area attractive. We could become
victims to a very undesirable development.
If it is necessary for me to oppose this matter verbally
at your council meeting on May 17 > please advise.
Please call me at my business phone 729-2366 or at my
home Jj-38-1303.
Thank you for your consideration.
Very truly yours,
.
Jeane'tte Steele
7055 Estrella de Mar
Villa #72
Carlsbad, Ca. 92008
ccs Mr.Bud Plender,
Assistant to Planning
Director, Planning Dept.