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HomeMy WebLinkAbout1977-06-21; City Council; 5105; Case No: ZC 191 City Initiated Zone ChangesCITY OF CARL.SBAD ^ i > >wC...- . ^ Initial: AGENDA BILL NO. .*5/O^ ^ . ' -: Dept. Hd. DATE: June 21, "1977 City Atty DEPARTMENT: PLANNING City Mgr. SUBJECT: CASE NO: ZC-191 CITY INITIATED ZONE CHANGES FROM R-A-10,000 & R-1-10,000 TO L-C AND E-A. STATEMENT OF THE NATTER REQUEST: This zone change is part of the continuing City effort of making zoning consistent with the General Plan. Our General Plan indicates an area through the center of the City generally along Palomar Airport Road that is specifically designated as either Special Treatment Area or Non-Residential Reserve, or both. The General Plan also indicates that specific or extensive planning must be done on this property for determination of proper land use and dev- elopment. Most of this property is not in the City, however, the few pieces that are in the City are zoned and theoretically could be developed. Therefore these properties are not consistent with the General Plan. Since the General Plan indicates that no development can take place until further planning, the most consistent zone is L-C (Limited Control) which only allows agriculture. . The Planning Commission recommended that two of these areas be rezoned to L-C. However, the third area which is on the south side of Palomar Airport Road, west of 1-5 was recommended to E-A, (Exclusive Agriculture). The Commission made this recommendation because of existing packing sheds. The E-A Zone would permit the packing sheds as lawful uses that may be expanded. EXHIBITS; Planning Commission Resolution No. 1369 Staff Report dated, May 25, 1977 Exhibit D, dated 5/19/77 Exhibit E, dated 5/19/77 RECOMMENDATION: It is recommended that the City Attorney be directed to prepare documents approving ZC-191 as per Planning Commission Resolution No. 1369. Council Action: 6-21-77 The Public Hearing regarding this matter was continued to the next regular meeting. FORM PLANNING 73 1 2 3 4 5 6 24 25 PLANNING COMMISSION RESOLUTION NO. 1369 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, SETTING FORTH CITY INITIATED ZONE CHANGES FROM R-A-10,000 AND R-1-10,000 TO L-C (LIMITED CONTROL) AND E-A (EXCLUSIVE AGRICULTURE) ON 10 PARCELS IN THE VICINITY OF PALOMAR AIRPORT ROAD AND INTERSTATE 5 TO CONFORM TO THE GENERAL PLAN LAND USE DESIGNATION OF NON-RESIDENTIAL RESERVE (NRR) CASE NO.: ZC-191 APPLICANT: CITY OF CARLSBAD 7 WHEREAS, a verified application for a certain property, 8 as shown on the attached maps has been filed with the City of 9 Carlsbad; and 10 WHEREAS, said verified application constitutes a request 11 as provided by Title 21 of the "Carlsbad Municipal Code"; and 12 WHEREAS, the public hearing to consider the subject rezoning 13 was held at the time and in the place specified in said notice on 14 May 25, 1977; and 15 WHEREAS, the subject application has complied with the 16 requirements of the City of Carlsbad "Environmental Protection 17 Ordinance of 1972"; and 18 WHEREAS, at said public hearing, upon hearing and con- 19 sidering the testimony and arguments, if any, of all persons who 20 desired to be heard, said Commission considered all factors 21 relating to the Zone Change and found the following facts and 22 23 reasons to exist: 1. The proposed zone change is consistent with the General Plan because: a) The Land Use Plan Map designates the subject parcels for Non-Residential Reserve Land Use. 26 b) The zone change will have no adverse effect on any element 27 of the General Plan. 28 2. The proposed zone change is consistent witn the Carlsbad Environmental Protection Ordinance of 1972 because: 2 a) A Negative Declaration has been issued for the following 3 4 provisions of Section 65860 ot the government code. 5 2) The zone changes will not effect the existing environ- ment . 3. The proposed zone change is consistent with applicable City Public Facility Policies and Ordinances because: 8 a) The subject changes will not result in impacts on City 9 10 11 12 13 14 15 16 18 19 20 25 26 27 reasons: 1) The various zone changes are mandatory under the public facility availability. 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 R-A-10,000 and R-l-10,000 on the 10 parcels as shown on the attached maps, Exhibits "A", "B" and "C" be changed as follows: Exhibits "A" and "B" be zoned L-C and Exhibit "C" be zoned E-A. PASSED, APPROVED AND ADOPTED at a regular meeting of the City of Carlsbad Planning Commission held on May 25, 1977 by the following vote, to wit: AYES: Commissioners Larson, Rombotis, Woodward, Jose, Watson and L'Heureux 21 ABSENT: Commissioner Fikes 22 23 24 Eric Larson, Chairman ATTEST: Jajrtes C." Hagcanafiy S§^etary o *• - > 400 PASEO DEL ZC-I9I ' ^' ' . ZONE CHANGE 191 EXHIBIT A FROM COMPILED FROM DATA SHOWN IN, SAN COUNTY ASSESSOR'BOOK 2ll' *•»»"" s ' '-" - - PARCELS 13. 14* AND I5f - b-C — «\.. _ t \ w . 600* ± TO PASEO DEL NORTE \\ 20 O 170 348.I3 'PALOMAR AIRPORT ROAD »».•*-, <*~-B*~?f.r~*-•->— ^,^».K.->— . .... ......x^-.-. *..-^~-«. 1674.13' \ I/"\ ^N;'x / i 'I \ ^ , ••**w 746-^ ZC-I9I EXHIBIT B FROM R-A-10,000 TO L-CQ fir19. 09 AC ZONE CHANGE 191 (EXHIBIT B) FROM R-A-10,000 TO L-C COMPILED FROM DATA SHOWN IN SAN DIEGO COUNTY ASSESSOR BOCK ' 21T PAGE 04 PARCEL 8 AND 9 ~ /*11 A 8OO 1—3600 ± TO PASEO DEL NORTE / / r\ /•*h -v. 712.94 709.43 r~ ' /» /*»/-•». Vy n ZC-I.9I EXHIBIT C M R-l-1 TO L-C' i A i (i) Co \ FROM R-l-10,000- ! \ ZONE CHANGE 191 (EXHIBIT C) FROM R-l-10,000 TO L-C COMPILED FROM DATA SHOWN IN SAN DIEGO COUNTY ASSESSOR BOOK 212 PAGE 040 PARCELS 34,35.36,37 AND 38 r^r«:- ' ^t '^- ." i L 1 STAFF REPORT May 25, 1977 TO: PLANNING COMMISSION FROM: / x PLANNING DEPARTMENT r CASE NO: ZC-191 APPLICANT: CITY OF CARLSBAD REQUEST: CITY INITIATED ZONE CHANGES FROM R-A-10,000 AND R-l-10,000 TO L-C ON 10 PARCELS IN THE VICINITY OF PALOMAR AIRPORT ROAD AND INTERSTATE-5 TO CON- FORM TO THE GENERAL PLAN LAND USE DESIGNATION OF NON-RESIDENTIAL RESERVE (NRR). SECTION I. RECOMMENDATION Staff recommends ZC-191 be APPROVED for the following reasons: 1. General Plan Consistency; The proposed zone change is consistent with the General Plan because: a) The Land Use Plan Map designates the subject parcels for Non-Residential Reserve Land Use. b) The zone change will have no adverse effect on any element of the General Plan. 2. Environment; The proposed zone change is consistent with the Carlsbad Environmental Protection Ordinance of 1972 because: a) A Negative Declaration has been issued for the following reasons: • 1. The various zone changes are manditory under the provisions of Section 65860 of the government code. 2. The zone changes will not affect the existing environ- ment . 3. Public Facilities; The proposed zone change is consistent with applicable City Public Facility Policies and Ordinances because: a) The subject changes will not result in impacts on City public facility availability. - > SECTION II. RECOMMENDATION Location and Description of Property Exhibit A; The three parcels shown on this exhibit are flat and traversed by Paseo del Norte. All of the parcels are under cultivation. , Exhibit B; The smaller of the two parcels shown on this exhibit is a knoll that is at a higher.-elevation than Palomar Airport Road, .1 blopes down to a flood fe«*6in to the east and south. This parcel is vacant, with natural vegetation. The larger parcel is also vacant and generally at a lower elevation than the Palomar Airport Road grade. Virtually all of this parcel is a drainage area called Canyon de las Encinas. A number of tributary drainage courses branch off from the canyon. Property to the south of / ^ /this parcel is generally at a higher elevation. Exhibit C; The five parcels on this exhibit are within Canyon de Las Encinas. Most of these properties are under cul- tivation. A number of agricultural structures exist on the lots including a large agricultural packing facility. The property to the south is generally at a higher elevation. This property is in the county and a single-family dwelling is located immediately to the south of the lots shown on Exhibit C. Existing Zoning; /- Exhibit A Subject Property: R-A-10000 North: C-2/R-A-10000 South: C-2 East: R-A-10000 West: 1-5 Freeway Exhibit B Subject Property: R-A-10000 North: R-A-10000/E-A South: P-M East: R-A-10000 West: C-2/R-A-10000 Exhibit C Subject Property: R-1-10000 North: A-l(8) County South: A-l(l) County/E-l-A County East: E-l-A County West: R-A-10000/P-C Past History and Related Cases; The City has been pursuing General Plan Consistency by rezoning as an -on-going program since the adoption of j:he Land Use Element in 1974 (ZC-155, 156, 160, 161, 162, 167 and 168). Environmental Impact Information An Environmental Impact Assessment has been reviewed for the project and a Negative Declaration issued based on the following findings: 1. The various zone changes are-mandatory under the provisions of Section 65860 of the Government Code. -2- 2. The zone changes will not affect the existing environment. General Plan Information; All of the subject zone changes will bring existing zoning (Residential) into conformance with the General Plan, Non Residential Reserve (N.RR) . The NRR designation is described in the General Plan Land Use- Element Pgs 28-29 as the following: Non-Residential Reserve This classification of land use designates areas held in reserve for nonresidential uses such as agricultural, industrial, recreational, commercial, governmental and utility uses. The burden pf proof to reclassify and develop the land ties with the developer or owner. Based on location criteria and on analysis of physical and man-made factors in the area, one large area shown on the Land Use Element map is recommended for non- residential use. Although this acreage far exceeds the demand for a particular use .anticipated in the foreseeable future, it is designated for long-range development because it possesses the following set of factors: a) Physical identity (it would not interfere with the development or functioning of adjoining land use areas). b) Available major surface and air transportation facilities. c) Adequate space for future non-residential development and expansion. d) Because of airport activities much of the land is undesirable for residential uses. The advisability of maintaining this amount of non- residential space at this location, in advance of an established need, must await a regional analysis study and the test of future events. Agricultural and other interium, non-residential land uses should be encouraged in this area until its ultimate land use character can be definitely established. The existing residential zoning on the subject parcels is in direct conflict with the intent of the General Plan. The proposed Limited Control (L-C) zone would provide development criteria that conforms to the General Plan description: The Intent and Purpose of the L-C Zone, Title 21, Section 21.39.010 is as follows: 21.39.010 Intent and Purpose. The intent and purpose of the L-C zone is to provide an interium zone for areas where planning for -3- . future land uses has not been completed or plans of development have not been formalized. After proper planning or plan approval has been completed, property zone L-C may be rezoned in accord with this title. Public Facilities -- / /' The zone'changes will have no effect on public facilities. At the time of a zone change request from L-C to other appropriate zoning, the anticipated impact on public facilities will be evaluated. The L-C zone will insure a thorough evaluation of each property in terms of potential development. Major Planning Consideration; Will the zone changes negatively affect the subject properties or surrounding properties? SECTION III. DISCUSSION The requested zone changes will''have no negative effect on the current land uses on the subject-parcels. None "of the parcels, with the exception of those shown on Exhibit C, contain permanent structures. All subject parcels are vacant or are in agricultural production. The lots shown on Exhibit C contain permanent agricultural buildings including a large packing facility. None of the existing uses on the subject properties would conflict with the permitted uses of the L-C Zone. The L-C Zone references the permitted uses section of the Exclusive Agricultural Zone (E-A). Most of the surrounding properties are devoted to agricultural production or are vacant. The exceptions are the Commercial area north of lots shown on Exhibit A, (Car Country) and a Cal Trans facility east of lots shown on Exhibit B. The zone changes will have no effect on these surrounding properties at this time. Specific impacts of requested zoning in the future will be evaulated relative to each request. NOTE; This request is the first in a number of City initiated re- zonings in the NRR area for General Plan consistency. Much of the NRR area is now in the County of San Diego and not subject to City zoning controls. The county areas will therefore not be considered in these consistency rezonings. Staff is concentrating on the area shown.qn the General Plan Map as NRR between El Camino Real and 1-5 (See Exhibit D & E). Attachments; .Exhibit A, dated 5/19/77 Exhibit B, dated 5/19/77 Exhibit C, dated 5/19/77 Exhibit D, dated 5/19/77 Exhibit E, dated 5/19/77 A TH:ar 5/19/77 . -4- Ciiy of Carlsbad Commission Exhibit N«x .. . Date 1 1 rI o:o:. ^f ^$s?*; jjj < Gj|cn .mo(' »\\i•-••>.:.••; \ ^•'-••:-:*5::;'•*-.*.V;> Cify of Carkbad Commission Ca» No. £.C~ Exhibit No. Date