Loading...
HomeMy WebLinkAbout1978-10-17; City Council; 5614; Change of Zone from R-1-10,000 to P-U Public Utility ZC-200 City InitiatedCITY OF CARLSBAD " Initial AGENDA BILL NO. <S~ (0 / V _ __ _ ______ ^P"1"- Head DATE: _ October 17. 1978 _ _ ' ' City Atty. DEPARTMENT: Planning _ City Mgr. SUBJECT:' Change of Zone from R-1-10,000 to P-U (Public Utility) Case No. ZC-200, City Initiated STATEMENT OF THE MATTER:''' The Encina Waste Water Treatment Plant property is split zoned. The portion of the land that the present Encina Water Treatment Plant facility is situated is zoned P-U (Public Utility). However, the portion of the property on the south which contains the old settling basins, is zoned R-1-10,000. The General Plan indicates the entire site as "utility". For consistency between the General Plan and zoning, and for possible future expansion of the plant, this entire property should be zoned P-U. This change of zone will place all of the property owned by Encina Waste Water .Treatment Plant in the PU Zone. The property lines/zone boundaries are compatible with surrounding properties. The property is bounded in the east and west by the freeway and railroad right-of-way respectively. On the north by industrially zoned and used property and on the south by a steep bank which leads up to an agricultural area zoned R-1-10,000. Approximately three years ago the City Council did hear a consistency zone, application initiated by the City to rezone the entire property to PU. Afthough the City Council recommended that such rezoning be approved the actual documents for such approval did not contain the portion presently zoned R-1-10,000 (the map was in error). There was no citizen input at the Planning Commission hearing. The Planning Commission recommended that the subject site be rezoned from R-1-10,000 to PU. Exhibits Planning Commission Resolution No. 1^73 Staff Report dated September 27, 1978 Recommendation If the City Council concurs, it is recommended that the City Attorney be directed to prepare documents APPROVING ZC-200 as per Planning Commission Resolution No. Council Action: 10-17-78 Council instructed the City Attorney to prepare the necessary documents approving ZC-200 as per Planning Commission Resolution No. 1473. 1 2 3 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. 1473 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONE CHANGE FROM R-l-10,000 TO PUBLIC UTILITY (P.U.) CASE: ZC-200 APPLICANT: CITY OF CARLSBAD WHEREAS, a verified application for certain property, generally located on the west side of Interstate 5, between Poinsettia Lane and Paloraar Airport Road, and more particularly described as: A portion of Lot "H" , Rancho Agua Hedionda, in the City of Carlsbad, County of San Diego, State of California, according to- Partition Map No. 823, filed in the County Recorder's Office of San Diego County, November 16, 1896. 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 13th day of September, 1978, hold a 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 to the Zone Change (ZC-200) , and found the following facts and reasons to exist: 1. The proposed zone change is consistent with the general plan because: -1- 1 2 3 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 a. The proposed zone change will make the zoning map consistent with the general plan map. b. The proposed zone change would allow for implementation of the General Plan Land Use designation for the subject • site. 2. The subject project has fulfilled the requirements of the Environmental Protection Ordinance because: a. The proposed zone change will make the zoning map consistent with the general plan map. b. That project will not in itself initiate development or any other physical change to the subject property. c. Any proposed expansion of the Encina Treatment Plant or other entitlements will be subject to extensive environmental review and the "Precise development Plan" process which requires a minimum of two public hearings. 3. The proposed zone change is consistent with applicable City Public Facility Policies and Ordinances because the subject change f " .«. will not result in any impacts or public facility availability. WHEREAS, the Planning Commission by the following vote recommended APPROVAL of ZC-200 as indicated on Exhibit A, dated September 27, 1978, attached hereto: AYES: Rombotis, Schick, Larson, Marcus, Jose, L'Heureux NOES: None ABSENT: Wrench ABSTAIN: None NOW, THEREFORE, BE IT RESOLVED that the above recitations are true and correct. Introduced, approved and adopted this 27th day of September, 1978. JERRY ROMBOTIS, CHAIRMAN CARLSBAD PLANNING COMMISSION ATTEST: JAMES C. HAGAMAN, Secretary -2- o Co olJl \- o ° R 001 CD CM O 00 UJoS «-O Q 01 -^••"WBMB* O co ,<c U) bJUJ LU STAFF REPORT DATE: TO: FROM: CASE NO: APPLICANT: SUBJECT: September 27, 1978 Planning Commission Planning Department ZC-200 Encina Sewage Treatment Plant, Les Evans ZONE CHANGE FROM R-l-10,000 TO P-U (PUBLIC UTILITY) ON PROPERTY GENERALLY LOCATED ON THE WEST SIDE OF INTERSTATE 5, BETWEEN POINSETTIA LANE AND PALOMAR AIRPORT ROAD. ' Background Location and Description of Property The subject property is a parcel of 17.74 acres, located just south of the existing Encina Sewage Treatment Plant, on the west side of 1-5 between Poinsettia Lane and Palomar Airport Road. The lot is basically flat across its central area, with an abrupt rise at the southern portion, and smaller banks along the other three sides. A chain link fence extends along the northern boundary of the property, separating it from the present Encina Plant. Natural vegetation is scattered about the site, with a line of mature trees partially screening the •property from the freeway to the east. Existing Zoning Subject Property: North: South: East: West: Existing Land Use Subject Property: North: South: East: West: R-l-10 P-U R-l-10 Freeway, P-C Railroad tracks, R-l-10 Vacant Sewage Treatment Plant Vacant, agricultural crops Freeway, vacant,residential development Railroad tracks, vacant, agricultural crops General Plan Information The site is identified in the General Plan Land Use Element with a Public Utilities designation. The proposed zone change will STAFF REPORT - ZC-200 September 27, 1978 Page Two (2) bring the zoning map in conformance with the General Plan. Environmental Impact Information 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: 1) The proposed project is being.undertaken to bring the zoning map in conformance with the General Plan. 2) The project is an administrative matter that will not in itself initiate development of the subject property. 3) Any proposed expansion of the Encina Treatment Plant would be subject to extensive additional environmental review. Public Facilities Necessary public improvments not existing currently on the site will be required to be provided when the property is developed. The proposed expansion of the Encina Sewage Treatment Plant should present few additional public facility demands. Extension of Avenida Encinas will probally be required to provide access to the site. Past History and Related Cases ZCA-97, P-U Zone, Ordinance No. 9507. On September 5, 1978, the City Council adopted a Zone Code Amendment that among other things added "waste water treatment, disposal or reclamation facilities" as permitted uses in the Public Utilities (P-U) Zone. The anticipated use of the subject property would be for waste water treatment, and therefore consistent with the recent code amendment. ZC-186, General Plan Consistency, Ordinance No. 9442. On November 18,1975,the City Council approved an ordinance rezoning several parcels throughout the City, to assure consistency with the General Plan. Among these zone changes were the two parcels to the north of the subject property, where the present Encina Sewage Treatment Plant now exists. These two parcels were changed from R-l-10,000 to P-U. The subject parcel was initially included on the list of recommended zone changes referred to Council by the Planning Commission in Resolution No. 1193, September 24, 1975, While the staff report and back up information all indicated the intention to rezone the parcel from R-l-10,000 to P-U like STAFF REPORT - ZC-200 September 27, 1978 Page Three (3) the two other Encina parcels to the north, the list attached to the approved Commission Resolution proposed a change to P-M (Planned Industrial) Zone. Probably due to this error, the parcel was withdrawn from the final list of zone changes adopted by City Council, and consequently retained the R-l-10,000 zoning. Major Planning Considerations 1) Is the zone requested consistent with the General Plan? 2) Will the permitted uses in the requested zone be compatible with surrounding properties? Discussion It is apparent from past city records that the subject property has been a candidate for the P-U Zone designation. This is .indicated by the general plan designation of "U" (Public Utility). The City owned property has been ear-marked as an expansion area for the Encina Sewage Treatment facility for some time now. The area designated as "U" on the General Plan does not follow property lines exactly. It is staff's opinion that the intent of the General Plan is to include all of the City owned land. The General Plan accounts for such variances in the land use element, page 32A thusly. E. Boundary Definition. It is the intent of the City General Plan Map to show the general outlines of various land use allocations. The boundaries are not intended to be precise, and a reasonable transition of uses is not precluded by the plan map boundaries. When uncertainty does exist as to the precise boundary lines of various land uses identified on the map, such lines shall be interpreted in the following manner. b) Where Boundaries appear to follow ownership boundary.lines, boundaries shall be construed to follow such lines. A recent code amendment by the City makes the "PU".Zone designation the first step in locating primary public utility facilities. Waste water treatment facilities are specifically mentioned. Therefore, this zone chanc if approved will accomplish two things: 1) It will establish general plan/zoning consistency pursuant to AB 1301 for the subject property. 2) It is the first step in the proposed expansion of the existing +-Y"O3 ^-Truant- far'i 1 •! -t-irtreatment facility STAFF REPORT - ZC-200 September 27, 1978 Page Three (4) General plan/zoning consistency is desirable. Sometime in the foreseeable future the City will have to step up the consistency program. From a staff perspective this presents no problems. However, the proposed zone change will certainly be followed by an application to expand the existing treatment facility, which may not be a popular project. The existing facility has problems, namely odor, which are the source of many complaints from local residents, especially those in the Alta Mira development. While the PU Zone does allow for waste water treatment facilities it requires that all entitlements be processed as zone changes via a vehicle entitled a "Precise Development Plan." The precise development plan allows the City to impose conditions to reduce the impacts of developments within the PU Zone. This zone change if granted will not insure the expansion of the Encina Treatment Facility but, it will allow the filing of an application to expand the facility. Staff Recommendation That the Planning Commission recommend APPROVAL of Zone Change 200 based on the following findings: 1) The proposed zone change is consistent with the general plan because: a) The general plan currently indicates that the subject property is intended for a public utility use. b) The proposed zone change would allow for implementation of the General Plan Land Use designation for the subject site. 2) The subject project has fulfilled the requirements of the Environmental Protection Ordinance because: •a) The City has issued a Negative Declaration for the subject zone change for the following reasons: 1) The proposed zone change will make the zoning map consistent with the general plan map. 2) That project will not in itself initiate development or any other physical change to the subject property. STAFF REPORT - ZC-200 September 27, 1978 Page Three (5) 3) Any proposed expansion of the Encina Treatment Plant or other entitlements will be subject to extensive environmental review and the "Precise development Plan" process which requires a minimum of two public hearings. 3) The proposed zone change is consistent with applicable City Public Facility Polices and Ordinances because the subject change will not result in any impacts or public facility availability. DLR/DA/ar 9/21/78 Location Map ZC-20C 9-27-72 Case Uo.'ZC-SoO Date Rec'd: 7~3/ Description of Request: Zo&E CA/xvo -78 DCCDate:9-/7- 0-E f£ofA "R-I-/O-TO 78 PC P-u 0 Date 9-Z7- 78 °H&UC UTtLtry] •• Address or Location of Request: w&ST S'/Oe1 of I^T£f^y>r-A7~e jT-BSTUiSSfJ Pc//J^"^~7"7V>:i £AA>£* /JA>£) p/o LOs^A (%. fitflF>OfCT R&AQ Applicant: Wt?7/<3 ?>At4i'7'/z/r/ofJj)/s7"/?tc.7~-~ £x/c//^/> ~Kpee\7/}iErJ'7' PLAINT ^•£\s" £V/w.s\ Engr. or Arch. tJA Brief Legal: . Assessor Book: .2/Y Page: General Plan Land Use Description: Existing Zone: R- / - /o Acres: /?. 7V No. of Lots: of Parcel: TUBL.IC. UTILITY («) Proposed Zone: P-L 1 DU's NA •08 Y DU/Acre A/^ School District: /^A . • - Water Sanitation District: Ciry of CA^LSB^^ Within Coast Plan Area:' yz*Coast Permit Area: V£-S• FORM PLANNING; 52