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HomeMy WebLinkAbout1979-03-06; City Council; 5772; Tootsie K Rezoning ZC-202CITY OF CARLSBAD AGENDA BILL NO. \6~x?'7'£ Initial Dept. Hd. DATE: March 6, 1919 C. Atty. C. Mgr. DEPARTMENT: Planning SUBJECT:""^Tootsie K Rezoning from L-C to R-E Case No. ZC 202 Statement of the Matter Recently the City approved the annexation of this parcel, approximately 186 acres, which is generally situated 2,000 east of El Camino Real and 4,000 feet north of Palomar Airport Road. Prior to annexation the applicant asked for a pre-annexation zone change to R-A-1. Although the applicant had indicated a desire for the R-E zone, it had not yet been adopted. During the analysis of the applicant's request, the City determined that the proper pre-annexational zone would be Limited Control Zone (L-C) and that at a later date the applicant could make a request for a development zone such as the R-E zone. The property is now annexed to the City and the applicant has requested a change of zone to the R-E zone. The Planning Commission heard this request on February 14, 1979, and recommended that the R-E zone be placed on the property. - Exhibits Planning Commission minutes of February 14, 1979 Planning Commission Resolution No. 1492 Staff Report dated February 14, 1979 Recommendation If the City Council concurs, it is recommended by the Planning Commission and Planning Department staff that the Council direct the City Attorney to prepare documents approving ZC-202 as per Planning Commission Resolution No. 1492. PB:ms 2/22/79 Council Action; 3-6-79 Council directed the City Attorney to prepare the necessary documents approving ZC-202 as per Planning Commission Resolution No. 1492. CITY OF CARLSBAD PLANNING COMMISSION MINUTES February 14, 1979 Page One (1) NOT OFFICIAL UNTIL APPROVED AT SUBSEQUENT •MEETING OF CARLSBAD PLANNING COMMISSION IV. .NEW PUBLIC HEARINGS . • . A. ZC-202, Tootsie K, zone change from L-C (Limited Control) to R-E (Residential Estate) zone. Mr. Don Rose presented the staff report. THE PUBLIC HEARING OPENED AT 7:10 P.M. Melvin Knoll, El Cajon, the applicant, indicated that he agreed with the staff report and was moving ahead in the preparation of a subdivision map for Commission approval. Commissioner Larson asked how many lots would be developed. Mr. Knoll indicated that the total number of lots would.be between 80 and 100 lots, and certainly no more than 100 total. THE PUBLIC HEARING CLOSED AT 7:12 P.M.' WITH NO PUBLIC TESTIMONY. Discussion was had regarding EIR 352 for said project. Staff related that the EIR will be brought forward with any subsequent Planning Commission actions and any mitigating measures necessary may be reviewed and resolved at that time. . A motion was made certifying review and consideration of EIR 352 and APPROVING ZC-202 in accordance with the analysis and recommendations as contained in the staff report. APPROVED • ' MOTION: Wrench . SECOND: Rombotis • = AYES: Schick, Rombotis, Wrench, Marcus, Jose, LarsonNOES: None- 1 2 3 4 ,. CASE NO.: ZC 202 0 APPLICANT: MELVIN KNOLL (Tootsie K) 6 7 WHEREAS, a verified application for certain property, o generally located 2,000 feet east of El Camino Real, and 4,000 9 feet north of Palomar Airport Road, and more particularly 11 PLANNING COMMISSION RESOLUTION NO. 1492 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD RECOMMENDING APPROVAL OF A ZONE CHANGE FROM L-C ( Limited Control) to R-E (Residential- Estate) 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 described as: All that portion of Lot "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 Recorder 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 14th day of February, 1979, 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 201) and found the following facts and reasons to exist: 1. The proposed zone change is consistent with the General Plan because the zone will ensure that general plan residential den- sities are not exceeded. 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 r i •w 2. The subject project has fulfilled the requirements of the Environmental Protection Ordinance. An EIR was prepared and certified on February 21, 1978. 3. The proposed zone change is consistent with applicable City Public Facility policies and ordinances because the subject zone change will not result in any impacts to public facility availability. WHEREAS, the Planning Commission by the following roll call vote recommended APPROVAL of ZC 202 as indicated on Exhibit X, dated February 14, 1979, attached hereto. AYES: Schick, Rombotis, Wrench, Marcus, Jose, Larson NOES: None ABSENT: L'Heureux NOW, THEREFORE, BE IT HEREBY RESOLVED, that the foregoing recitations are true and correct. EDWIN S. SCHICK, Vice-chairman CARLSBAD PLANNING COMMISSION ATTEST JAMES C. HAGAMAN, Secretary CARLSBAD PLANNING COMMISSION -2- co. •• .* £•• .*"*••.H-i-KA-'. 'SS&x-S '.•'••'•'•:W-'-i: ':•": o 1 ::£S:::-:::;:W£ •siP:;:g:i:;wx^ J^: ^; 3-§S- p^ 7( , .* * /'•. /^'' ? *««^* • : ~2oz . ».* .. . .•.-*>- ^FROM.'L-C 1 . » . i COMPILED' FROM DATA SHOWN. .ON THE OFFICIAL 500 FT. .SCALE 'ZONING MAP OF THE -CITY/ ''. (REDUCED TO- BAR SCALE) .'..• , -li C STAFF REPORT DATE: February 14, 1979 TO: Planning Commission FROM: Planning Department SUBJECT: Case No. ZC 202, Tootsie K REQUEST: Zone Change from LC to R-E Background Location and Description of Property The approximate 186 acre parcel is generally situated approxi- mately 2,000 feet east of El Camino Real, and 4,000 feet north of Palomar Airport Road. It is an irregular shaped property without public access. There is, however, an unimproved private road leading from El Camino Real through, the site to Squires Reservoir, known as Sunny Creek Road. The area is generally hilly with some plateaus cut by ravines. The westerly portion is lower rising gently towards the east and north. A detailed description of the site is contained in EIR 352. Existing Zoning Subject Property: North: South: East: West: LC R-A-10,000 R-A-2.5 ac., M-Q, O-S 0-S, R-A-10,000 E-l-A (County) Existing Land Use (See EIR for more detailed description) Subject Property: North: South: Agriculture (truck crops, packing sheds, 2 homes, and some vacant land. Agriculture (truct crops) and some vacant land. Vacant land, industrial (industrial development is separated from subject property by a cliff that rises above the Agua Hedionda Creek) -1- East: Agricultural uses and reservoir West: .Agricultural residential and vacant land. Environmental Impact Information The Final Environmental Impact Report for Tootsie K Ranch Pre- Annexational Zone Change and Annexation was approved by the Planning Commission on January 25, 1978, and certified by the City Council on February 21, 1978. The EIR was prepared assum- ing a zone change to R-A-1, but the L-C holding zone for the property resulted from Council action. A major concern of EIR was the density of development. One of the mitigation measures states "Development of the Tootsie K Ranch property shall be-at as low a density as feasible. The. proposed R-E zone permits density no greater than one dwelling unit per acre, and in cases of steep slopes, requires even less dense development. Consequently, the conclusions of the EIR apply to the subject reque'st and require no additional environmental review at this time. The EIR provides that further environmental study be conducted prior to specific development proposals. Past History and Related Cases ZCA 86, Ordinance No. 9498; On May 2, 1978, the City Council revised the zoning regulations by. adding the Rur-a.1- Residential Estate Zone (R-e). The R-E zone is designed to allow single family residences which are harmonious with the natural environment. The minimum lot size is based on the average slope but is not less than one acre. ZCA 185, Ordinance No. 9395; ON March 21, 1978, the City Council approved a preannexational zone change from County A-l-(8) to .Limited Control (LC) for the subject property, the Tootsie K. Ranch. The applicant requested a zone change'to R-A-1. Following examination of theEIR and public opposition, staff determined that R-A-1 was an.inappropriate zone for the property. Staff recommended the application of the LC zone, which is a holding zone to permit annexa- tion and will allow agricultural uses and uses already on the site. The applicant indicated the LC zone was acceptable at that time. EIR 352; The Final Environmental Impact Report for the Tootsie K Ranch preannexational zone change and annexation was approved by the Planning Commission on January 25, 1978, and certified by the Gity Council on February 21, 1978. The EIR was prepared assuming a zone change tO'R-A-1 and the conc-lusions are based on this assumption. The major environ- mental issues in the EIR were delineated as follows: 1) Roads providing adequate acce.ss should be paved and developed, 2) An acceptable method of sewage disposal should be pro- vided. Septic systems may not be acceptable. 3) The effects of growth on surrounding agricultural lands. 4) Protection of the Dawson-Los Monos Canyon Reserve. • 5) Protection of astrophysics solar-wind study of the University of California. 6) The flight path extends over five acres in the southern portion. This land should have development restrictions. ' . 2C.174, Ordinance No. 9463; The City Council approved a zone change for 25 acres located adjacent to the subject pro- perty on the west. The zone was changed from R-A-10,000 to R-A-2.5.. The 2% acre density was granted to preserve the topography and rural character of the area. It was the opinion of the City and the applicant that the City needs a diversity in housing and this area was well suited for rural estates to provide open ar.eas, for horses, view lots, rural living, etc. V-255; The Planning Commission Resolution No. 1246 (Grosse) was approved by the Planning Commission on May 12, 1976, to permit creation of lots not fronting on a public street for property described in ZC-174 above. General Plan Information ' . The General Plan Land Use Element indicates low density resi- dential with a density range of 0 to 1.5.dwelling units per acre for this site. The request is within the General Plan range, with the actual zone density relating to the nature of the property and surrounding area. Generally speaking the rougher the terrain, the lower the density. The Land Use Element also indicates an elementary school site on or near this property. The school site will be a factor at subdivision or development of the property. The Circulation Element indicates that two arterial streets will serve this property in the future. An east-west street is planned along the southerly boundary of the property, and a north south street along the westerly portion of the property. These two streets will give adequate access to the property when clompleted. Public Facilities Presently there are no public facilities existing on the property except for water. The entire site is within the Carlsbad Muni- cipal Water District and they have indicated they will be able to serve property adequately. The Carlsbad Unified School District has indicated that agreements are not necessary at this time, but such agreements will be required at time of subdivision. Roads providing adequate access must be provided with development. Sunny' Creek Road will not be acceptable. Size and number of .roads will depend on density and possible growth inducement to surrounding area. •'''.'.. Acceptable method of sewage disposal will have to be provided with development. Encina capacity" and extension of lines for same are sure to cause long delays. .Septic tank disposal has severe limitations in most of the area. It appears that it will be difficult to use a septic system with only one acre lots. Major Planning Considerations 1. Is this new zone, R-E, consistent with the General Plan designation? 2. The R-E zone would permit major subdivisions to be built under the present planning moratorium utilizing septic » systems. Is this situation desirable? 3. The zone change would permit residential development at a certain density. At what point will the major, access road, Sunny Creek Road, require paving? DISCUSSION ' • If approved, this would be the first application of the R-E 'zone. It seems appropriate. About a year ago the Council denied an application for R-A-1 (Residential Agriculture - 1 Acre minimum) and applied the LC (Limited Control) zone until a more appropriate zone could be'developed for the subject property. There seemed to be some intent by the Council to preserve the rural character of the area. The Council was also sensitive to the fact that the varied topography of the site was not conducive to a typical subdivision of land. That was at a time when staff was developing the R-E zone as a result of an identified need for large lot development with minimum public facilities. It seemed that the new^zone might be appropriate for Tootsie K. In fact, began to use the Tootsie K site as model for development standards and the lot size formula. If the R-E zone is applied the minimum lot size will be 1 acre. Lot size will increase, as the average natural slope also increases, to four acres or more. This is explained in Section 21.09.110 of the R-E zone (copy attached). Section 21.19.150 of the zone provides standards for the subdivision of land that would provide additional assurance that rural character would be .preserved. The General Plan designation for the site is low density .residential with a maximum density of 1.5 units per acre. This is the lowest residential density designation in the General Plan. The R-E zone, then, is compatible with the General Plan. The R-E zone is currently the only zone which would allow for a major, subdivision in spite of the sewer moratorium. Of course, this would be predicated on successful percolation tests and an approved septic system. There appears to be no apparant adverse impacts in allowing this to occur. The site definately has some challenging problems. There is no public access. However, the correct time to address this is at the time of subdivisions. It is not appropriate to condition a zone change. STAFF RECOMMENDATION That the Planning Commission recommend APPROVAL of ZC 202 based on the following findings: 1. The proposed zone change is consistent with the General Plan because the zone will ensure that general plan residential densities are not exceeded. 2. The subject project has fulfilled the requirements of the Environmental Protection Ordinance. An EIR was prepared and certified on February 21, 1978. . 3. The proposed zone change is consistent with applicable City- Public Facility policies and'ordinances because the the subject zone change will not result in. any.impacts to public facility availability. ZC 2.02. K m qjSSi£=s22,fe,. ••>!; S»^ **»1^3SiO - 2.QZ- Date Rec'd DCC Date; 2./6/7<) PC Date 2//V/79 _ ( Description of Request:' LC.. -no Address or Location of Request: PALO MAR EAST" Applicant : KMOL.L CRYSTAL EL. CA^OM , Engr. or Arch.jtOHM D. r-.QCDA.RD 37-^0 fi3RKiM Drief Legal: rOfmo^ flF /-GT* P^ , fiftMQ\0 AGU^t j MAP .c?2,^7 ,' Pago; O~7O Parcel;Assessor Book:^ General Plan Land. Use Description:. RESlPENTlAt-— LOyJ Existing Zone;' LC. ' ' '" Proposed Zone: R-B Acres:No. o£ Lots:DU/Acrc School District: Water District; CAKLS^AP^ Y^ONICI fAI- Coast Permit Area: D\yns.vTSanitation District; ctTY pp - f