HomeMy WebLinkAbout1978-04-18; City Council; 5415; Q Overlay Zone ZC-198 City Initiated• -CITY- 'OF CARLSBAD ^
Initial:
\ BI:LL NO. <J$~
Dept. Hd.
DATE: April'is,' 1978' ' ' ;: , (.
City AttyjJjFH
' DEPARTMENT:' ' ' 'PLANNING ' ' • •>
-• - - - City Hgr. *K
SU&JECT: Q OVERLAY ZONE TO BE APPLIED ON PROPERTY LOCATED ON THE EAST SIDE OF
• EL CAM(NO REAL, NORTH OF PALOMAR AIRPORT ROAD.
'.". '. .". '. . ; . CASE. NO: . ZC-198 - CITY .INITIATED. -
'Sta't&m'an't 'of the 'Natter
The site is approximately 164 acres located on the easterly side of El Camino Real,
north of Palomar Airport Road. The property is readily visible from El Camino Real
and surrounding residential property. The area is environmentally sensitive, is near
proposed high quality residential areas, and most development in the area has been
approved with environmental impact reports. The site is along El Camino Real, a
highway designated by the General Plan as a scenic highway.. For these reasons it was
felt that the "Oj1 Overlay was necessary to give the proper approval process for
development of this M zoned property.
The M Zone has very little in the way of development standards and without a site plan
review, the City would have very little control to insure proper development. This
is especially true for access to El Camino Real from the inter-connections between
the various properties, and for the visual impacts development will have on surrounding
properties. The Planning Commission found that there is a need to have a further
review of development on this property, and therefore has recommended that the 0,
Overlay be placed on this land. • '
A couple of questions did arise during the Planning Commission hearing regarding the
boundaries of the zone in relationship to the General Plan, and how the Q Zone will
relate to required CUP's in the area. For further discussion on these questions
please refer to the attached staff report dated March 31, 1978.
Exhibits ' •
Planning Commission Resolution No.
Staff Report dated March 22, '1978
Memorandum to the City Manager from Planning Director dated March 31, 1978.
Recommendation
11: is recommended that the City Council direct the City Attorney to prepare documents
approving ZC-198 as recommended in the Planning Commission Resolution No. 1439.
In addition, it is recommended that the City Council direct the Planning Commission
to study the possibility of rezoning the area indicated on the general plan as
industrial on the east side of El Camino Real, north of pa]omar Airport right-of
way as noted in the memorandum to the City Manager dated March 31, 1978.
0.
FORM PLANNING 73
AGENDA BILL NO. 5415 -2-April 18, 1978
Council action
4-18-78 The City Attorney was instructed to prepare the necessary documents
for the Q Overlay Zone, and that the area presently being developed
by the County for a shredder operation be excluded.
Further, Council directed the Planning Commission to study the
possibility of rezoning the area indicated on the general plan
as industrial on the east side of El Camino Real, north of
Palomar Airport right-of-way as noted in the memorandum to the
City Manager dated March 31, 1978.
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PLANNING COMMISSION RESOLUTION NO. 1439
RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
ZONE CHANGE FROM "M" INDUSTRIAL TO "M-Q"
INDUSTRIAL - QUALIFIED OVERLAY ON PROPERTY
LOCATED ON THE EAST SIDE OF EL CAMINO REAL,
NORTH OF PALOMAR AIRPORT ROAD.
CASE NO: ZC-198
' APPLICANT: ' CITY OF CARLSBAD
WHEREAS, a verified application for certain property to
wit: •
(As per the attached Exhibit "A" dated
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 Planning Commission did on the 22nd day of
March, 1978, hold a duly noticed public hearing as prescribed by
law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering
the testimony and arguments, if any, of all persons who desired
to be heard, said Commission considered all factors relating the
the Zone Change (ZC-198) and found the following facts and reasons
to exist:
1) The addition of the Qualified Overlay Zone to the requested
M Zone will assure, through the site development plan approval
process, that the following factors will be considered prior
to development;;
a) The subject area is zoned M and is adjoined by large lot,
single family residential zoning and within the view shed
of another area now in the process of being planned for
large lot, single family dwelling.
b) The subject area contains highly varied topography, large
areas of native vegetation, and some flood plain.
2) The proposed zone chanj/ is consistent with the Genera]. Plan
because :
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a) Application of the Q Overlay zone is appropriate because
the subject area is identified as a "special treatment
area" in the General Plan.
b) The subject area is adjacent to El Camino Real, which is
a major north/south traffic corridor, and is listed in
the General Plan as being eligible for the designation of
"scenic highway."
c) The General Plan identifies the area as being within the
"Palomar Airport Impact Area."
3. The proposed zone change complies with the requirements of the
Carlsbad Environmental Protection Ordinance of 1972 because
a Negative Declaration has been issued for the following
reasons:
a) The project is consistent with the Carlsbad General Plan,
since the property is identified as a Special Treatment
Area.
b) The project presents additional regulations on development
that will further, insure environmental protection.
c) The Q overlay will not affect the use of the subject
property, but instead directs itself primarily to site
development design considerations that should not have
deleterious environmental impact.
4) The proposed zone change is consistent with applicable City
Public Facilities Policies and Ordinances because:
a) No additional demand will be placed on public facilities
through the application of the Q overlay zone.
NOW, THEREFORE , BE IT resolved by the Planning Commission
of the City of Carlsbad as follows:
j A) That the above recitations are true and correct.
B) That in view of the findings heretofore made and considering
the applicable lav.7, the decision of the Planning Commission
is to APPROVE ZC-198. . -. ,-,.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
City of Carlsbad Planning Commission held on March 22, 1978,
by the following vote, to wit:
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AYES:
NOES :
ABSENT:
ABSTAIN:
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Commissioner Larson, L'Heureux, Jose, Rombotis,
Yerkes.
Commissioner Pikes.
Commissioner Woodward.
None.
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JERRY ROMBOTIS, Chairman
ATTEST:
JAMES C. HAGAMAN, Secretary
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4-6-78
000
ZC-I98
CITY OF CARLSBADTS
EXHIBIT A
AREA TO BE REZONED
FROM M TO M-Q
Revised
3-16-78
STAFF REPORT
DATE: March 22, 1978
TO: Planning Commission
FROM: Planning Department. Staff
SUBJECT: ZC-198 "Q" Overlay, City of Carlsbad - Request for "Q" '
Overlay on property located on the east side of El Camino
Real north of Palomar Airport Road
BACKGROUND
Location and Description of Property
The site is approximately 164 acres located on the easterly side of El Camino
Real, north of Palomar Airport Road. The property is readily visible from
.El Camino Real and surrounding residential properties.
Existing Zoning
Subject Property: M
North: R-A-10,000, County A-l(8).
South: R-l-10,000, 0-S, County M-2
East: 0-S
West: C-M, County M -
Existing Land Use
Subject Property: Vacant land, truck crops, some commercial
and manufacturing uses
North: Vacant
South: Water utility office, airport
East: Vacant
West: Vacant •., ,
General Plan Information
The site is identified in the General Plan as Planned Industrial, and is within
a special treatment area,, being part of the Palomar Airport Influence
Referral Area.
The proposed Q overlay will not alter the uses permitted by the existing "M" . [
zone which conforms with the planned industrial designation. The Q overlay, ' |
by requiring a site development plan, gives the City discretionary capabilities f
primarily in the area of design control. These additional regulations should f.
insure higher quality projects and closer attention to the special features of
this site, as identified in the Plan.
C '
Environmental Impact Information
An Environmental Impact Assessment form has been prepared by staff, and
a Negative Declaration issued, based on the following findings:
1. The project is consistent with the Carlsbad General Plan, since the
property is identified as a Special Treatment Area.
"2. The project'presents additional regulations on development that will
further insure environmental protection.
3. The Q overlay will not effect the use of the subject property, but
instead directs itself primarily to site development design
considerations that should not have deleterious environmental impact,
Public Facilities
No additional demand will be placed on public facilities through the
application of the Q overlay zone.
Past History and Related Cases
As part of the City rezoning program for consistency with the General Plan, the
City previously considered the property located on the east side of El Camino Real,
north of Palomar Airport Road from the present "M" zone to the "P-M" zone.
During that process, City Council's attention was directed, to the fact that many
properties being rezoned to P-M would not lend themselves to the P-M development
standards.
The matter was tabled by City Council in order to study the possible amendments
to the P-M zone. Staff feels that the current M zone does provide a broad land
use base for developments that do not lend themselves to planned industrial
concepts. However, little,in the way of development standards, is provided for
in the M zone. Therefore, in order to maintain a high level of development
standards in the area, staff suggests that a Q overlay zone be placed on the
subject M zoned property.
On January 25, 1978, the Planning Commission approved Resolution of Intention
No. 161, to hold a public hearing for this zone, change.
ZC-JL58. Cal-Pacific Properties, Inc., Planning Commission Resolution No. 1175,
July 23, 1975; City Council Ordinance No. 9437, September 16, 1975
The Planning Commisssion and City Council approved a preannexational change of
zone from C-l and RD-M to C-I-Q and RD-M-Q on property located at the northeast j
corner of Alga Road and El Camino Real. The application of the "0" overlay |
zone was deemed necessary to allow staff and Planning Commission site development [
review at such time as development is proposed, I
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CUr-140. Palomar Solid Waste Transfer Station, Resolution No. 5242.
'The City Council granted an appeal of the Planning Commission's decision and
approved a Conditional Use Permit for a county operated solid waste shredder
and transfer station on property within the proposed Q overlay area. The CUP
was considered the proper mechanism for controlling the potential adverse impacts
of the shredder facility. However, this instance involved a single isolated
project, whereas, the proposed Q overlay will provide controls for a large area
eventually involving many diverse projects . .
Major Planning Considerations
1) Are additional regulations for development needed to supplement existing
zoning for any of the following reasons: . •
a) To insure compliance with the General Plan or any applicable
specific plans.
b) Provide that development will be compatible with surrounding
developments, both existing and proposed.
c) To insure that development occurs with due regard to
environmental factors.
d) To allow a property to be granted a particular zone where
some or all of the permitted uses would be appropriate
to the area only in certain cases with the addition, of
specific conditions. . '
e) To provide for public improvements necessitated by
the development.
2) Does this property have unique circumstances that warrant the
additional regulations of the Q overlay?
DISCUSSION . ,
Before applying the Q overlay zone, one should consider the intent, purpose,
and application of the Q overlay, along with the land area to which it is to
be applied. In general, the Q overlay zone is intended to provide the City
with additional control over development of areas within the zone. This is
to insure that development of property within the subject ?.one is compatible
with the site (particularly sensitive sites), surrounding developments, pro-
posed and existing, and the General Plan. For purposes of this discussion,
sensitive areas can be defined as hillsides, significant natural areas, areas
of high visibility, areas subject to natural or man made hazards and areas
which have the possibility of being occupied with potentially noxious uses
which could impact surrounding areas.
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The land proposed for the Q overlay seems to fit this criteria, It is identified in
the General Plan as a sensitive area. The area's topography is relatively severe (hilly).
It is within the Palomar Airport impact area. It is highly visible from El Camino Real,
which is identified in the General Plan as being eligible for designation as a scenic
highway. Historically, the City has expressed concern over the appearance of development
along El Camino Real. Also, portions of the area are quite visible from an area now
being considered for large lot, single family development. The underlying zone of the
subject area is "M" (Industrial). Some of the uses allowed in the "M" zone have a
potential to impact surrounding areas because of odor, noise, heavy traffic and visual
impacts. . •
RECOMENDATION
Staff recommends approval of ZC-198 based on the following findings:
1. The addition of the Qualified Overlay Zone to the requested M zone will assure,
through the site development plan approval process, that the following factors will
be considered prior to development:
a) ,The subject area is zoned M and is adjoined by large lot, single family
residential zoning and within the view shed of another area now in the process
of being planned for large lot, single family dwelling.
b) The subject area contains highly varied topography, large areas of native
vegetation, and some flood plain.
2. The proposed zone change is consistent with the General Plan because:
a) Application of the Q overlay zone is appropriate because the subject area is
identified as a "special treatment area" in the General Plan.
b) The subject area is adjacent to El Camino Real, which is a major north-
south traffic corridor, and is listed in the General Plan as being eligible
for the designation of "scenic highway."
c) The General Plan identifies the area as being within the "Palomar Airport
Impact Area."
3. The proposed zone change complies with the requirements of the Carlsbad Envircnmei'ital
Protection Ordinance of 1972 because a Negative Declaration has been issued for the
following reasons: .
a) The project is consistent with the Carlsbad General Plan, since the property
is identified as a Special Treatment Area.
b) The project presents additional regulations on development that will further
insure environmental protection.
c) The Q overlay will not affect the use of the subject property, but instead
directs itself primarily to site development design considerations that should
not have deleterious environmental impact.
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4: The proposed zone change is consistent with applicable City Public Facilities
Policies and Ordinances because:
a) No additional demand will be placed on public facilities through the
application of the Q overlay zone.
E^IBITS:
Location Map
Land Use Map
DA:le
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MEMORANDUM
DATE: March 31, 1978
TO: Paul Bussey, City Manager
FROM: James C. Hagaman, Planning Director
SUBJECT: ZC-198, "Q" OVERLAY ZONE TO BE APPLIED ON PROPERTY LOCATED ON
THE EAST SIDE OF EL CAMINO REAL> NORTH.OF PALOMAR AIRPORT ROAD.
During the Planning Commission deliberations on ZC-198, it was noted that the
existing M zone on the subject property was not consistent with the General Plan,
nor was it consistent with existing property lines. Attached are the maps
showing these inconsistencies. The Planning Commission feels that these incon-
sistencies should be rectified.
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Recognizing, however, the immediate need to place the Q Overlay Zone on the M
Zone property, they have recommended approval of the Q Overlay as proposed, but
suggest that the City Council direct the Planning Commission to study the poss-
ibility of general plan/zone and property line consistency.
The property lines generally follow the top of the ridge, the general plan also
follows the top of the ridge. Unfortunately when the property was originally
zoned it was zoned to the existing property lines which did not follow the
topography. Generally the M zoned property is relatively flat and separated by
a steep cliff thereby making a clear distinction between industrial and residential
lands
The Planning Commission feels that the relatively flat upper portion should be
all industrial while the steeper hillside and properties to the north and east
should be in the'residential zones, this will make compatible land uses as well
as consistency. If not done this way it may be possible to have some homes on the
plateau intermixed with industrial and have some industrial in the valley with
residential.
Another problem which staff noted was that the County Shredding and Refuse Transfer
Station was approved by a Conditional Use Permit but they have not yet taken out
building permits (they are presently discussing such permits with the building de-
partment) . If the Q Zone becomes effective on the property prior to building
permits, the site development plan would be required unless the City Council made
provisions to the contrary. Therefore, staff is suggesting that if the City Council
approves this action that the resolution contain a finding that states to the
effect that site development plan processing will not be required for existing
buildings or buildings approved by a valid CUP.
Recommendation
It is recommended that:
1. The City Council direct the Planning Commission to study the possibility of
rezoning the area indicated on the general plan as industrial on the general
plan east of El Camino Real, north of Palomar Airport Road.
2. If the City Council approves ZC-198 that the resolution contain a finding
required for existing development on this property nor for any proposed
use to the effect that site development plan processing will not be required
for existing buildings or buildings approved by a valid CUP.
MEMORANDUM/PAUL BUSSEY
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Exhibits
Exhibit "B" dated April 3, 1978
JCH:BP:ar
r~-~—I
BECKMAN 1 I
ST.RUMENT3 '-"i I
V——"~~~— r
EXHIBIT.
4-6»78
ZC -19
LEGEND
CONTOUR LIWES
s? cm «, GENERAL I3 LAN - LAND USE
BOUNDARIES
ZONIWG BOUMDARES
LOT LINES
SOUrtCE: C!TY OF CARLSBAD AERIAL PHOTOGRAPHS, 1975