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.
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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:
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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
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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
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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