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HomeMy WebLinkAbout1977-10-18; City Council; 5229; Change of Zone from O-S to M ZC 197 County of San DiegoCITY OF "RLSBAD "jii'iyi v i AGENDA BILL NO. DATE: OCTOBER 18, 1977 DEPARTMENT:PLANNING Initial: Dept. Hd. City Atty City Mgrgr. T) SUBJECT: CASE NO: APPLICANT: ZC-197 - Change of Zone from O-S to M County of San Diego SAEMENT OF THE MATTER REQUEST The site is a 230 acre lot located on the easterly side of El Camino Real immediately north of Palomar Airport Road. The majority of the site is in canyon and clear zone for the airport and will remain zoned O-S. However, a 58 acre portion in the southwesternly sector of the property is relatively flat and could be developed. This 58 acre site is what the applicant has requested the change of zone for. All of this property is vacant. The property adjacent to the west is presently zoned M and is dev- eloped with Beckman Instruments industrial building,- therefore the "M" zone and the permitted industrial uses are compatible with adjacent property. Recently the City Council approved a General Plan Amendment (GPA-49) changing this 58 portion from the O-S designation to "G" designation, The zoning ordinance does not contain a zone specifically to imple- ment Government. The M zone as requested will be compatible with the General Plan and the intended use. The County is proposing to use a portion of the 58 acre property for a refuse shredder and transfer station. Government uses such as this require a CUP approval. Although the Planning Commission has recommended denial of the CUP request, it has been appealed and therefore the City Council will be able to approve it if you desire. EXHIBITS Planning Commission Resolution No. 1404 Staff Report dated, 9/20/77 Location Map RECOMMENDATION The Planning Commission recommends that ZC-197 be approved for changing the zone of a 58 acre portion of the subject site from O-S to M. If the City Council concurs, the City Attorney should be directed to prepare documents approving ZC-197 as per Planning Commission Resolution No. 1404. (See Page 2) , FORM PLANNING 73 .•-**"»» AGENDA BILL NO. 5229 Page 2 Council Action: 10-18-77 The City Attorney was instructed to prepare the documents necessary approving ZC-197 as per Planning Commission Resolution No. 1404, modified to reflect only the 21 acre portion in the south western portion of the 230 acre lot. PLANNING COMMISSION RESOLUTION NO. 1404 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, CONCERNING A 5 . ZONE CHANGE FROM OPEN SPACE (0-S) TO INDUSTRIAL (M) ON PROPERTY GENERALLY LOCATED ON THE EAST 4 SIDE OF EL CAMINO REAL BETWEEN SUNNY CREEK ROAD AND PALOMAR AIRPORT ROAD. 5 CASE NO: ZC-197 APPLICANT: COUNTY OF SAN DIEGO6 „ WHEREAS, a verified application for certain property to 8 wit: Q Lots A and B of Rancho Agua Hedionda, in the City of Carlsbad, County of San Diego, State of California according to Map thereof No. 823, filed in the office of the County of San Diego County, November 16, 1896 •^ has been filed with the City of Carlsbad and referred to the 12 Planning Commission; arid n •* , WHEREAS, said verified application constitutes a request as provided by Title 21 of the Carlsbad'Municipal Code; and WHEREAS, the Planning Commission did on the 28th day of September, 1977, hold a duly noticed public hearing as prescribed 17 by law to consider said request; and T8 WHEREAS, at said public hearing, upon hearing and con- sidering the testimony and arguments, if any, of all persons 20 who desired to be heard, said Commission considered all factors 21 relating to the zone change and found the following facts and 22 reasons to exist: 23 1) The proposed zone change is consistent with the General Plan because: a) The change would bring the zoning on the property into conformance with the General Plan Amendment which the ne Planning Commission recently recommended for approval. 27 2) The subject application has complied with the Carlsbad Environmental Protection Ordinance of 1972 because: 28 a) An EIR has been prepared by the County and has been certified by the Board of Supervisors. b) The Planning Commission has, as a Responsible Agency under CEQA, considered the certified EIR for the project. ,. 3) The proposed zone change is consistent with the applicable City Public Facilities Policies and Ordinances because: a) The project complies with the sewer allocation ordinance w which allows capacity for government facilities. The county is also considering alternative disposal methods. o b) Staff has received assurances from all other affected agencies that public facilities will be available to serve the property. NOW, THEREFORE, BE IT resolved by the Planning Commission of the City of Carlsbad as follows: 12 A) That the above recitations are true and correct. 13 B) That in view of the findings heretofore made and considering •i * the applicable law, the decision of the Planning Commission is to approve Zone Change 197. ' PASSED, APPROVED AND ADOPTED at a regular meeting of the City of Carlsbad Planning Commission held on September 28, 1977, 17 by the following vote, to wit: 18 AYES: Commissioner, Larson, Rombotis, Woodward Watson. 19 NOES: Commissioner, L'Heureux, Fikes 20 ABSENT: Commissioner, Jose. 21 ABSTAIN: None 22" 23 ERIC LARSON, Chairman . •>*"''"' ATTEST: 26 27 JAM 28" UPJLJL L US' C. HAGAMAN, Secretary f ' STAFF REPORT DATE: September 20, 1977 TO: Planning Commission FROM: Planning Department RE: . ZC-197 APPLICANT: County of San Diego REQUEST: Approval of a Zone Change from 0-S to M SECTION I: RECOMMENDATIONS Zone Change 197: Staff recommends approval of ZC-197 based on the following findings: 1. The proposed Zone Change is consistent with the General Plan because: a. The change would bring the zoning on the property into conformance with the General Plan Amendment which the Planning Commission recently recommended for approval. 2. The subject application has complied with the Carlsbad Environmental Protection Ordinance of 1972 because: a. An EIR has been prepared by the County and has been certified by the Board of Supervisors. b. -The Planning Commission has, as a Responsible Agency under CEQA, considered the certified EIR for the project. 3. The proposed Zone Change is consistent with the applicable City Public Facilities Policies and Ordinances because: a. The project complies with the sewer allocation ordinance which allows capacity for government facilities. The county is also considering alternative disposal methods. b. Staff has received assurances from all other affected agencies that public facilities will be available to serve the property. c o SECTION II: BACKGROUND Location and Description of Property: The site is a 230 acre lot located on the easterly side of El Camino Real between Sunny Creek Road and Palomar Airport Road. The majority of the site is in canyon and clear zone for the airport and will remain zoned 0-S. A 58 acre portion in the southwesterly portion is relatively flat and is the portion to be rezoned to M. All of the property is vacant, but . the adjacent property to the west,.is developed with industrial buildings and is zoned M. Existing Zoning: Subject Property: North: South: East: West: OS (Existing), M (Proposed) OS R-l-10,000 and OS OS M Existing General Plan: Subject Property: OS (G in process) North: OS South: PI, G, and OS East: OS West: PI Land Use: Subject Property: North: South: East: West: Vacant Vacant CMWD District OfficeVacant Vacant and Beckman Instruments Past History and Related Cases: The Planning Commission approved a General Plan Amendment for the project on August 24, 1977. The City Council will hear this amend- ment on September 20, 1977. Staff will report City Council action at the Planning Commission meeting on subject action. A companion item to this zone change is CUP 140 for a solid waste transfer station. Environmental Impact Information: The County has prepared and certified an EIR for the project. The County is the "Lead Agency" for the shredder project (i.e., the agency responsible for carrying out the project). The City is a "Responsible Agency" under State law, and must therefore consider the information contained within the Lead Agency's EIR prior to taking any action on the project. All mitigation measures which are Carlsbad's responsibilityr have been recommended as conditions of approval to the Conditional Use Permit for the shredder. General Plan Information: At the time when the City approved the amended Land Use Element of the General Plan (October 1974), the County had no intended use for the subject property. The site is, in fact, a portion of a larger 230 acre parcel which was purchased by the County to provide an instrument landing system for Palomar Airport. Consequently, the City designated the airport approach area (58 acres) as G (Governmental Facility) and designated the remainder of the site (172 acres) as Open Space on the Land Use Map. The Planning Commission is considering the request that 58 acres of the open space area be designated G to allow for construction of the solid waste shredder and transfer station and a possible municipal corporation yard (central location for City police, water, utilities and maintenance services.) The property is within the Special Treatment designation for the Palomar Airport influence area. This special treatment designation indicates that, in addition to the underlying land use designation, special consideration should be given to the property due to the noise and safety impacts of Palomar Airport. The proposed shredder is compatible with the airport influence. According to the County, CPO (acting as the Airport Land Use Commission) has reviewed the project and has found that it conforms to the Palomar Airport Land Use Plan. The Open Space and Conservation Element of the General Plan shows the canyon east of the subject site as a part of the City-wide open space linkage. This area is proposed to remain in open space. The Parks and Recreation Element indicates a trail system through the area. A condition of approval of the Conditional Use Permit has &een suggested to insure the construction of this tract. The Circulation Element indicates a major E-W street through the northerly portion of the 230 acre site. A condition of approval of the Conditional Use Permit requires the dedication of an easement for future road. PUBLIC FACILITIES: This application was accepted because the sewer moratorium ordinance 7048 provides for the acceptance of government facilities. However, there are no assurances that public sewer facilities will be available to serve any future uses proposed for the site. Water and other utilities are available to the site. The County ordinarily proposed that sewage generated by the use (on site restrooms only) was to be accommodated by a septic tank system. Percolation tests conducted by the County have shown that a septic system is not feasible, however. The County has presented the alternative of utilizing: 1) chemical toilets and a sump system for the washdown of equipment and recycling of water; 2) the cleaning of machinery by seepers and vacuum devices rather than by a water wash-down method, or 3) other such methods, such as evapotranspiration, that will avoid discharge of waste water. MAJOR PLANNING CONSIDERATION: Is the proposed zone change consistent with the General Plan? DISCUSSION The General Plan has been amended to "G" Government for this site. There is no zone specifically consistent with the "G" category. The General Plan indicates that government uses can go into any zone where the use is appropriate. In this industrial area, the appropriate zone is M and the County proposes an industrial type use. The abutting property to the north is presently zoned M. The rezone and the pro- posed uses all appear compatible with the area. ATTACHMENTS Location Map. ' DHW:TH:BP:jp .4. ZC-197 FROM 0-S 5OO 1000 FEET ZONE CHANGE 197 COMPILED FROM DATA OF THE OFFICIAL ZONING MAP OF 500 SCALE.