Loading...
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. .1 2 5 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. 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 : o 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2G 27 28 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: XX XX ' .2 . 1 2 3 4 c AYES: NOES : ABSENT: ABSTAIN: o Commissioner Larson, L'Heureux, Jose, Rombotis, Yerkes. Commissioner Pikes. Commissioner Woodward. None. 6 7 •8 9 10 11 12 13 14 15 16 17 18 19 20 21 £2 23 24 25 26 27 JERRY ROMBOTIS, Chairman ATTEST: JAMES C. HAGAMAN, Secretary .3 N 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 .2 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. .3 c o 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. .4 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 .5 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. \ 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 PAGE 2 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