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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, 1 2 6 7 8 9 10 11 12 13 2=5 •§ 0% u. ^ I 14 SiU is co >i-<£ 8 o l~2 §• 3 V- tC.1 5 o 17 18 19 20 21 22 23 24 25 26 27 28 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 o<00(/) *° ^2 a g»!iSMS"•• • 1 sk. >•z"! 8 QUJ Z CN <fo a: - SI! a > H CC ? o £ 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 1 2 •fV 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 o ca ' IE ' O VIO> 1 2 4 5 6 7 8 9 10 11 12 13 14du. g| i?l| ^<§ 15u; • 3< ' ^° 16W ZMP tO UJ i 17 o 18 19 20 21 22 23 24 25 26 27 28 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.