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1980-10-28; City Council; 6397; Zone Change from L-C to M ZC-208
CITY OF CARLSBAD • INITIAL AGENDA BILL NO. DATE: DEPARTMENT: ^39 7 October 28, 1980 Planning Department Dept. Hd.fl Cty. Atty. Cty. Mgr.(\ SUBJECT: ZONE CHANGE FROM L-C TO M APPLICANT: County of San Diego, Department of Transportation CASE NO: ZC-208 rJTTEMENT~"OF THE MATTER ! The applicant, requests a change of zone from L-C to M on property consisting of Palomar Airport generally located on the northwest corner of El Camino Real and Palomar Airport Road. The applicant's intent is to provide zoning which allows the use of the existing Palomar Airport facility. No expansion of the Airport is related to this application. The Planning Commission approved a Conditional Use Permit for the use of the existing Palomar Airport. A condition of approval of the CUP is that if further expansion of the airport is desired, the CUP must be amended by'the Planning Commission at a duly noticed public hearing. Further, the Conditional Use Permit only allows airport related uses unless otherwise approved by the Planning Commission. Attached for your review is a copy of the Conditional use Permit Resolution. The Planning Commission found the proposed M zone to be consistent with the General Plan and that the existing .airport facility was compatible with the uses allowed in the M .zone. No public opposition was expressed during the public hearing. Through staff review and Planning Commission hearing, all issues on this matter have been satisfactorily resolved. EXHIBITS 1. Resolution No. 1698, dated September 24, 1980 2. Resolution No. 1699, dated September 24, 1980 3. Staff Report, dated September 24, 1980 RECOMMENDATION . Both the planning staff and Planning Commission recommend that this-application be APPROVED and that the City Attorney be directed to prepare documents APPROVING ZC-208, per Planning Commission Resolution No. 1698. Council Action: 10-28-80 Council directed the City Attorney to prepare documents approving ZC-208, oer Planning Commission Resolution No. 1698. * i! 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. 1698 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CA1U-SBAD, CALIFORNIA, APPROVING A ZONE • CHANGE FROM L-C TO M-ON PROPERTY GENERALLY LOCATED ON THB 'NORTHWEST CORNER OF PALOMAR AIRPORT ROAD AND EL CAMINO REAL. APPLICANT: COUNTY OF SAN DIEGO, DEPT. OF TRANSPORTATION CASE NO: ZCjj 0 8 ._ WHEREAS, a verified application for certain property, to wit That portion of Palomar Airport lying within Lo't "G" of Rancho Agua Hedionda, in the City of Carlsbad, in the County of San Diego, State of California, according to map thereof No. 823, filed in the County of San Diego has been filed with the .City of Carlsbad, and referred to the Planning Commission; and' WHEREAS, said application constitutes a request ad provided by Title 21 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did on the 24-th day of September, If80, hold a duly noticed public hearing a.- prescribed by law to consider said request; and WHEREAS, at said public, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Zone Change; and NOW, THEREFORE, BE IT RESOLVED by the Planning Commission . as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission recommends APPROVAL of ZC-208, based on the following findings: Findings; 1) The proposed Change of Zone is consistent with the General Plan for the following reasons: 1 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 •18 19 20 21 22 23 24 25 26 27 28 a. The M .Zone is consistent'with the General Plan designation 'of goverpwen* al facilities. b. The proposed zone is compatible with the zoning in - the vicinity. - c. The uses allowed in the proposed zone are compatible with the existing and surrounding uses in the vicinity. 2) The site is physically suitable for the type of uses allowed in the M zone. 3) The proposed change of zone will not' cause any substantial environmental impacts, and therefore, the Planning Director has issued a Declaration of Negative Environmental Impact for the project dated September 9, 1980, Log No. 638. 4) The proposed change of zone is- consistent with all other .elements of the General Plan. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 24th day of September, 1980, by the following vote, to wit: AYES: . ' NOES: .." . ..::—: . . . ABSENT: ' :.. . • • . ABSTAIN: • -- -, - EDWIN S. SCHICK, JR., Chairman CARLSBAD PLANNING COMMISSION ATTEST: JAMES C. HAGAMAN, Secretary CARLSBAD PLANNING COMMISSION PC RESO J1698 -2- 3 1 ' PLANNING COMMISSION RESOLUTION NO. 1699 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLGB7iD, CALIFORNIA, APPROVING A CON- 3 DITIONAL USE PERMIT TO OPERATE THE EXISTING PALOMAR AIRPORT FACILITY ON PROPERTY GENERALLY 4. LOCATED ON THE NORTHWEST CORNER OF PALOMAR AIR_ PORT ROAD AND EL CAMINO REAL. 5 APPLICANT: COUNTY OF SAN DIEGO - DEPARTMENT OF TRANSPORTATION" 6 CASE NO:. CUP-172 • 7 WHEREAS, verified application has been filed, with the 8 ' 'City of Carlsbad and referred to the Planning Commission; and 9 WHEREAS, said verified application constitutes a request 10 as provided by Title 21 of the Carlsbad Municipal Code; and 11 WHEREAS, pursuant to 'the provisions of the Municipal Code, 12 the Planning Commission did, on the 24th day of September, 13 1980, hold a duly noticed to consider said application on 14 property described as: 15' That portion of Palomar Airport lying within Lot "f-" of 16 Rancho Agua Hedionda, in the City of Carlsbad, in the County of San Diego, State of California, according to 17 Map thereof No.-823, filed in the Office of the County Recorder of said County. 18 WHEREAS, at said public hearing, upon hearing and 19 considering all testimony and arguments, if any, of all persons 20 desiring to be heard, said Commission considered all factors 21 relating to CUP-172. 22 NOW, THEREFORE,'BE IT HEREBY RESOLVED by the Planning 23 i Commission of the .City of Carlsbad as follows: 24 .A) That the foregoing recitations are true and correct. 25 B) That based on the evidence presented at the public hearing, 25 the Commission recommends APPROVAL of CUP-172, based on the following findings and subject to the following conditions: 27 " 28 PC RESOL #1699 1II 1) Thar the requested use is compatible with existing uses or to uses specifically permitted in the zone in which the proposed use is to be located. 2) That the site for the Intended use is adequate in size * and shape to accommodate- the use. Ku 3) That all of the yards, setbacks, walls, fences, landscaping, 6 and other features necessary to adjust the requested use to existing or permitted future uses in the neighborhood will „ be provided and maintained, 4) That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use, 9" 8 Conditions 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1) Approval is granted for CUP-172 as shown on Exhibit "A", dated January 14, 1980 and Table 1 dated September 24,- 1980, incorporated by reference and on file in the Planning Department. Development shall occur substantially as , shown unless otherwise noted in these conditions. 2) This project is approved upon the express condition that building permits will not be issued for development of the subject property unless the City Engineer determines that sewer facilities are available at the time'of appli- cation for such sewer permits and will continue to be available until time of occupancy. 3) Any signs proposed for this development shall be designed in conformance with the City's Sign Ordinance and shall require review and approval by the Planning Department prior to installation of such signs. 4) Trash receptacle areas shall be enclosed by a 6 foot high masonry wall with gates pursuant to city standards. Loca- tion of said receptacles shall be approved by the Planning Department. 5) All roof appurtenances, including air conditioners, shall be architecturally integrated and shielded from view from adjacent properties and streets to the satisfaction of the Planning Department and Building Department. G) Approval of this request shall not excuse compliance with all sections of the Zoning Ordinance and all other appli- cable city ordinances in effect at time of building permit' issuance. PC RESOL #1699 "2- ' S At the conclusion of the CPO PaJomar Comprehensive Land Use Plan and the San Diego County Airport Noise and Land Use Compatibility sr.udy, the ?-lunning' Director shall bring this application back Lo the Planning Commission for their review. At that time, the. Planning Commission has the discretion to set the matter back to public hearing where they may add, amend or delete any conditions relating to the airport use and development standards. 8) The permitted uses for Palomar Airport are. limited to those as outlined in Table 1, dated September 24, 1980, and incorporated herein by reference. Approval of any uses not specifically listed in Table 1 and/or expansion of the airport facility shall require an amendment to the Conditional Use Permit. 8 9} Unless otherwise stated herein, all rules and regulations of the M Zone shall apply. 10) This Conditional Use Permit is expressly conditioned upon the approval of ZC-208 by the City Council. 11 11) The existing designation of the airport as a General Aviation Basic Transport Airport shall not change unless an amendment to this CUP is approved by the Planning Com- mission. 12) At the time, of the issuance of any building permits for new construction or alterations to existing structures, each private individual lessee shall pay a public facility fee pursuant to City Council Policy No. 17, dated August 29, 1979, on file with the City Clerk and incorporated by reference. 17 PASSED, APPROVED AND ADOPTED at a regular meeting of the 18" 19 20 21 22 23 24 25 Planning Commission of the City of Carlsbad,. California, held on the 24th day of September, 1980, by the following vote, to wit; AYES: ' NOES: ABSENT: ABSTAIN: EDWIN S. SCHICK, JR., Chairman CARLSBAD PLANNING COMMISSION 27 ATTEST: 28 "JAMES C. HAGAMAN, Secretary CARLSBAD PLANNING COMMISSION PC RESO #1699 -3- STAFF REPOR1]1 DATE: September 24, 1980 * TO: Planning Commission FROM: Planning Department SUBJECT: ZC 208/CUP 172 - PALOMAR AIRPORT -.Request for a Change of Zone from L-C to M and for a Conditional Use Permit to allow the operation of the existing Palomar Airport facility located on the northwest corner of Palomar Airport Road and El Camino Real. I. PROJECT DESCRIPTION AND BACKGROUND The applicant is requesting a Zone Change from L-C (Limited Control) to M (Industrial) and a Conditional Use Permit to operate the existing Palomar Airport facility at the above described location. The request for the Zone Change is made subsequent to the annex- ation of Palomar Airport from the County of San Diego to the City of Carlsbad. The Conditional Use Permit is to allow the operation of the existing airport and additional development as defined in this permit. This application does not apply to any future expansion of the airport facility. If such expansion is proposed, an application for same must be approved by both the Planning Commission and City Council and the Condi- tional Use Permit must be amended. These applications were originally submitted in Decem- ber, 1979. At that time, staff had a number of con- cerns relating to adjacent land uses, noise abatement and the possible expansion of the airport. Staff decided to postpone processing of these applications pending the completion of the Palomar Airport Land Use Plan to be conducted by CPO, a noise abatement and land use compatibility study to be funded by the F.A.A. and coordinated by San Diego County, and the resolution of the possible expansion of the airport. Since that time, staff has been under increasing pres- sure to issue building permits for minor improvements and building expansions of ori-site airport related uses. At this time, building permits cannot be issued by the City without the prior approval of a Zone Change and a Conditional Use Permit. Further, it is expected that both CPO's Land Use Plan and the County's noise abate- ment and land use compatibility studies.will not be completed in the very near future nor will the issue • of the expansion of Palomar Airport be resolved. 7 cGiven the incomplete studies which are needed to fully assess the airport use and the demand to allow building activity for airport related uses, sta'ff is suggesting a two phased approach for considering the issues associated with the airport: Phase I is a short terra consideration and entails the immediate rezoning of the property to M and the approval of a Conditional Use Permit for -the existing air- port and to allow airport related-development and uses. Phase 2 would be a longer term consideration and entail a further review of the Conditional Use Permit after the completion of the CPO and County land use and noise abate- .ment studies. Phase 1 would provide a mechanism to allow the issuance of building permits for airport related uses while holding open the option to reconsider the Conditional Use Permit after the completion of the above mentioned studies. During Phase 2, staff would be in close contact with CPO and the County staff to monitor progress of the studies and to see if detailed development and noise abate- ment standards are established. At the completion of these studies, the Planning Director would bring the CUP back to the Planning Commission for a review. At this review, if it is determined that any new information of a significant nature has resulted from the studies or from additional staff review the Planning Com- mission shall have the option of setting the CUP for recon- sideration at a new public hearing. Further, the issue of expansion of Palomar Airport may be resolved at that time and would be considered as part of the reconsideration of the CUP, If, the Planning'Commission concurs with this approach, then tonight the Commission will be addressing Phase 1 only. II. ANALYSIS Planning Issues (ZC 2D8) 1) Is the M Zone consistent with the General Plan designation of G (Governmental)? 2) Are uses allowed 'in the proposed M Zone compatible with existing and future surrounding land uses and zoning? < Discussion The subject parcel is designated as G (Governmental Facility) on the Land Use Plan of the General Plan. This category has been applied to all governmental facilities in the Ci-ty in- cluding the civic center, libraries, fire departments, etc. Palomar Airport is considered a governmental facility, thus, it was designated as G. Since the airport is existing and is allowed in the'M Zone, staff feels that a finding can be made that the proposed zone and existing airport land use is consistent with the General Plan. •2- T Uses allowed in the M Zone include all industrial uses. The surrounding existing future land uses include the future Koll Industrial Park to the north, Beckman Instruments to the east, vacant property to the west, and Palomar Business Park to the south. Industrial uses on the subject property, thus, would be compatible with surrounding land uses. Staff is therefore recommending approval of the requested zone change from L-C to M. Planning Issues - CUP 172 1. Are the proposed uses allowed by this Conditional Use Permit compatible with existing uses and all other uses permitted in the M Zone? In considering a Conditional Use Permit for the existing airport, staff's primary concern is the determination of the types of uses that should be allowed. Staff feels.the uses that would be appropriate are those directly related to and incidental to the airport itself. Table 1 indicates the • suggested proposed uses for the airport. This Table separ- ates uses that are allowed without additional descreation- a,ry review those allowed by a Planning Commission deter- mination, and those allowed by the Planning Director. Staff feels the; existing uses in Palomar Airport and those uses listed in Table 1 would not be detrimental to the City and would be compatible with .existing and proposed surrounding land uses. Therefore, staff is recommending that the Plann- ing Commission adopt the uses listed in Table 1 as part of the Conditional Use permit. Building permits could then be requested for any use listed in Table 1 according to the appropriate approval procedure listed in the Table. Approval of any other uses would require amendment of the Conditional Use Permit. Again, an expansion of the airport facility would also require amendment of the Conditional Use Permit. III. RECOMMENDATION It is recommended that the Planning Commission adopt Resolutions 1698 and 1699 APPROVING ZC 208 and CUP 172 based on the findings and subject to the conditions con- tained therein. ' . ATTACHMENTS Background Data Sheet Location Map • " ^ . Disclosure Form Resolution No. 1698 Resolution No. 1699 Exhibit "A", dated January 14, 1980 Table 1, dated September 24, 1980 BH: j t W MCKGROUMD DATA SHEET . CASE NO: ZC ^OS/CUP 172 • APPLICANT: County of San Diego , Dept . of Transportation REQUEST AMD LOCATION: Zone Change from LC to M and a Conditional Use Permit to the operation of the existing PalpiTBr Airport facility on nort^yest; corner of E.C.R/& P.A.R. LEGAL DESCHi:?Tia^: That .portion, of Palpmar Mrport lying within Lot "G" of Rancho Agua Hedionda, County of San Diego, Map Mo. 823. _ , __. _ ,__ Assessors Parcel Number: 213 - 020 - 18 Acres 268 No. of Lots 1 GENERAL PLAN AND ZONING General Plan Land Use Desigration. G (Governmental Facility) Density Allowed ~. _ ji;. _ Density Proposed ~ Existing Zone LC Proposed Zone M Surrounding Zoning and Land Use: • Zoning Land Use North CM Vacant £°utfr PM PaloiiBr Business Park East _A-1(8) Vacant & County Shredder West. 0-S,R-1-10000,M-Q Vacant School District, NA Vfeter District. Costa Real Muncipal \7ater District : S©*er District City of Carlsbad _ _ EDU's 4dequa±a_Exis±ing Public Facilities Fee Agreement, dated Exempted as governmental facility. _ (Other: _ ^ __ i __ : _ : _ , __ ) IMPACT ASSESS^-TENT X Negative Declaration, issued September. 9, 1980 Log No. $33 E.I.R. Certified, da-bed _ Other, 2.0&/GOP 172- ,If alter the information you have submitted has been ^reviewed, it is dei.erminea that further information is required, you. will be so advised. APPLICANT: County of San Diego Name (individual, partnership, joint venture, corporation, syndication) 1600 Pacific Highway, San Diego, CA. 92101 Business Address* AGENT: MEMBERS: Telephone Number R. J. Massman, Director of Transportation Name ^. Ave. , San Diego, CA. 92123 Business 'Address 565-5162 Telephone Number . • A. C. Waldman, Airports Director Name (individual, partner, joint venture, corporation, syndication) Home Address 1960 Joe Crosson Drive, El Cajon, CA. 92020 Business Address 579-4498 Telephone Number Telephone Number P. R. Safford, Palomar Airport Manager Name 2198 Palomar Airport Rd. Home Address Business Address 758-6233 'Telephone Number Telephone Number (Attach more sheets if necessary) I/We declare under penalty of perjury*that the information contained in this dis- closure is true and correct and that it will remain true and correct and may be relied upon as being true and correct until amended. COUNTY OF SAN DIEGO Applicant , Owner, Partner R//J. MASSMAN treetor of Transportation TABLE September 24, 1980 I. The following uses are permitted by this Conditional Use Permit without the need for additional discretion- ary review: a. Structures and Facilities Airport structures and facilities that are necessary to the operation of the airport and to the control of air traffic in relation thereto, include, but are not necessarily limited to, the following: CD Taxiways and parking aprons, including lighting. (2) Aircraft hangars, tie-down areas and maintenance buildings.. (3) Air traffic control towers and facilities. (.4) Navigational aid equipment and structures. (5) Airport administration buildings, which may also include airport passenger terminal facilities. (6) Airport passenger terminal buildings and airtels, and facilities which may include as uses inci- dental thereto, consumer service establishments, including automobile rentals, retail shops norm- a.lly operated for the convenience of the users of terminal facilities. C7) Heliports. (8) Aviation fuel farms. (9) Automobile parking lots and structures. CIO) Buildings for housing operations and equipment necessary to the maintenance, security and safety of the airport. b. Commercial Activities Commercial aviation activities as folloxvs: , (1) Aviation flight and ground schools, including pilot and student equipment sales. (2) Aircraft sales, including radio and navigational equipment, parts, supplies and accessory equip- ment. (3) Aircraft hangar and tie-down rentals. (4) Aircraft leasing, rental, and charter. (5) Airframe, engine, radio, navigational and acces- sory equipment repair, maintenance and modifica- tion. (6) Aircraft ground support equipment repair, main- tenance and modification. . (7) Aircraft cleaning services. (8) Aircraft painting. (9) Aviation fuel facilities. (10) Aircraft and engine mechanic schools. (11) Airlines, scheduled and non-scheduled. (12) Air taxi and air ambulance services. (13) Air freight terminals and trans-shipment facilities. (14) Aerial crop dusting and spraying enterprises. (15) Aerial fire fighting. (16) Aerial photography and surveying. (17) Parachute rigging sales arid service. II. The following uses are allowed if the Planning Com- mission determines that they are consistent with the airport facility: a. Incidental eating and drinking establishments b. Incidental commercial, professional office and/or industrial uses not specifically mention in Sec- tion I a and b provided that such uses are permitted in and are consistent with'the intent of the M Zone. III. The following uses are allowed if the Planning Director • determines they are consistent with and related to the airport facility: a. Signs - Identification, directional and safety signs. b. A single-family dwelling occupied exclusively by a •caretaker or superintendent of such use and his family. BH:jt