HomeMy WebLinkAbout1977-07-19; City Council; 5105-1; Case No: ZC 191 City Initiated Zone Changes\
AGENDA BILL NO..
DATE: July 19., 1977
^ CITY OF r'RLSBAD
'"W
i
5105 SUPPLEMENT 1
113
DEPARTMENT: PLANNING
Initial:
Dept. Hd.
City Atty
City Mgr.
SUBJECT:
CASE NO: ZC-191
CITY INITIATED ZONE'CHANGES FROM R-A-10,000 &
R-l-10,000 TO L-C & E-A
is
STATEMENT OF THE MATTER
REQUEST
At the City Council meeting on June 21, 1977 the City
Council requested additional information from staff on
the subject zone change. The additional information
attached to this agenda bill.
EXHIBITS:
Memorandum to City Manager, dated June 28, 1977
Agenda Bill 5105
Staff Report dated, May 25, 1977
Planning Commission Resolution No. 1369
Exhibits (Revised)
RECOMMENDATION:
It is recommended that the City Attorney be directed to
prepare documents approving ZC-191 as per Planning CommissionResolution No. 1369.
Council action
7-19-77 Following the public hearing the City Attorney was directed
to prepare documents necessary for approval of Zone Change
ZC-191, in accordance with Resolution No. 1369 of the
Planning Commission.
FORM PLANNING 73
MEMORANDUM
DATE: JUNE 28, 1977
TO: PAUL BUSSEY, CITY MANAGER
FROM: JAMES C. HAGAMAN, PLANNING DIRECTOR
SUBJECT: ADDITIONAL INFORMATION REQUESTED BY CITY COUNCIL
ON ZONE CHANGE 191.
The City Council at the June 21, 1977 hearing continued subject
zone change for additional staff information. The following is
this information:
At the Planning Commission hearing on the subject zone change, it
was determined that an agricultural structure existed on one of
the parcels shown on Exhibit C. As a result, the Planning Commission
recommended that the E-A (Exclusive Agricultural) Zone should be
placed on the property instead of L-C. The reason for this change
is that even though the L-C Zone permits all uses permitted in the
E-A Zone, the L-C Zone does not permit any use that requires a CUP.
Packing sheds require a CUP in the E-A Zone, therefore they would become
non-conforming uses with L-C Zone and would not be permitted to
expand. Even though the packing sheds were only on one of the lots
included in Exhibit C, the Planning Commission felt that E-A should
be applied to all areas so packing sheds could be expanded to other
lots. Also the problem of spot zoning would be avoided.
The extreme western parcel on Exhibit B is presently zoned R-A-10000
and is designated as NRR in the General Plan. The adjacent property
to the south is also zoned R-A-10000; however, this property is
designated Government on the Gene-ral Plan and owned by the State of
California Department of Transportation and is used as a maintenance
yard. Staff does not feel that the State property should be subject to
a change of zone at this time because it is not within the NRR area.
A portion of the property shown on Exhibit B, at one time accommo-
dated an approval for a KOA campground by Conditional Use Permit.
The CUP (Number 58-A) was issued on March 27, 1973. No expiration
date was imposed on the Resolution specifically; therefore, the CUP
expired 18 months from the date of approval. At the time of CUP 58-A
approval, the General Plan designated the- area for "low density res-
idential" (3-7 dwelling units per acre).
Staff is presently preparing rezoning for the rest of the property in the
NRR area. The attached Exhibit F indicates where the properties are
and their present zone, the anticipated zone, and when we expect to
present it to the Planning Commission. The City Council may wish to
modify staffs attempt to establish zone/General Plan Consistency, if
so please comment.
TH:BP:ar
•
' *•":.'.& '- - - wC- .- • ' "•' 3 Initial:
AGENDA BILL NO...,JT/ff^l^^T,, .. ^ -(fcXJ Dept. Hd.
DATE: June 21, "1977 ; City Atty
DEPARTMENT: PLANNING ' City Mgr.
SUBJEC
' CASE NO: ZC-191
CITYTITITIATED ZONE CHANGES FROM R-A-10,000 & R-1-10,000
' .. •_ TO L-C AND E-A. ;STATEMENT OF THE MATTER;;;'^
REQUEST; '
This zone change is part of the continuing City effort of making
Eoning 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.
FORM PLANNING 73
' STAFF REPORT
May 25, 1977
« *
TO: . PLANNING COMMISSION
"». •
FROM: / / PLANNING DEPARTMENT
' '- •
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 mandatory 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. . v>
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. . c.
*
Exhibit B; The smaller of the two parcels shown on this exhibit isa knoll that is at a nigner.-elevation than Palcraar Airport Road,
and s^bes down to a flood plai£\o 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 off> 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; f
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
Pas't History and Related Cases;
The City has been pursuing General Plan Consistency by rezoning as
an -on-going program since the adoption of -the 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. The zone chafes will not affect the e^s-ssting environment.
• W • • v> -
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 of 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
cqnflict With the intent of the General PJ-.an.
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 none for areas where planning for•. .
-3-
future land uses s hot been completed or i.^ns 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
sutrounding 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 ortare 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.on 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 , , tt . t - .
THtar
5/19/77 -4- . • •
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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-l-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
WHEREAS, a verified application for a certain property,
as shown on the attached maps has been filed with the City of
Carlsbad; 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 rezo'ning
was held at the time and in the place specified in said notice on
May 25, -1977; and •
WHEREAS, the subject application has complied with the
requirements of the City of Carlsbad "Environmental Protection
Ordinance of 1972"; and
WHEREAS, at s.aid 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. 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.
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2. The proposed zone change is consistent witn 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 mandatory under the
provisions of Section 65860 ot the government code.
n
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:
a) The subject changes will not result in impacts on City
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
ABSENT: Commissioner Fikes • .
Eric Larson, Chairman
ATTEST:
4OO
PASEO DEL NORTE
««\v ZC-I9I FROM
• R-A-IOOOOTO
1 . L-C
PALOMAR AIRPORT RD
ZONE CHANGE 191 EXHIBIT A FROM R-A -1QOOO TO L-C
COMPILED FROM DATA SHOWN IN SAN DiEGO
COUNTY ASSESSOR BOOK 211 PAGE 021 \
PARCELS 13,14 AND 15 :
|
"\
R-A-io,c»y;v -
60O* ± TO PASEO DEL NORTE
\
•HH
"
!> 170'
r'348.13'
rvA-10 f
AIRPORT ROAD7
1674.13
»• ZC-I9I EXHIBIT B
2 FROM R-A-10,000 TO L-C
I9.O9AC
2208'695.
r-* n /»r-' -it-/;t i v I -'-C
ZONE CHANGE 191 (EXHIBIT B) FROM R-A-IO,000 TO L-C COMPILED
FROM DATA SHOWN IN SAN DIEGO COUNTY ASSESSOR BOOK *
211 PAGE 04 PARCEL 8 AND 9
V*"-
\
r.
-—H— 360O* ± TO
800
I
PASEO DEL NORTE |
"*&
712.94
7-
709.43
r~ i A
Packing shed
\
ZC-I9I EXHIBIT C
FROM R-l-10,000-
"TO E-A
ZONE CHANGE 191 (EXHIBIT C ) FROM R-l-10,000 TO E-A COMPILED
I^ROM DATA SHOWN IN SAN DIEGO COUNTY ASSESSOR BOOK
312 PAGE 040 PARCELS 34.35.36.37 AND 38
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