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-
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,. CASE NO.: ZC 202
0 APPLICANT: MELVIN KNOLL (Tootsie K)
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WHEREAS, a verified application for certain property,
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generally located 2,000 feet east of El Camino Real, and 4,000
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feet north of Palomar Airport Road, and more particularly
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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)
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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.
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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
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COMPILED' FROM DATA SHOWN.
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'ZONING MAP OF THE -CITY/ ''.
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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)
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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.
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- 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
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