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Home My WebLink About1983-12-20; City Council; 7591; Request for Zone Change.- **- . , CInF CARLSBAD - AGEND/"BILL e I ZC-292 - PALOMAR & COMPANY IEPT. PLN RECOMMENDED ACTION: The Planning conmission and staff are recomnending that the City Council introduce Ordinance No. _P~Q f/ , APPRDANG ZC-292. ITpl EXPLANATION The applicant is requesting a zone change fromR-A-10,000 (Residential Agriculture), C-1 and C-2 to CT-Q (Comnercial Tourist with a Qualified Overlay Zone) for two parcels with a axrbined area of 5.96 acres located at the northwest corner of 1-5 and Palomar Airport Wad. The general plan designation on these properties was recently changed by the City Council to the TS (Travel Service) designation. the applicant is consistent with the TS designation. Camnission and staff feel that the propsed zone is appropriate for the site and will'be oampatible with the surrounding land use. The CT zone proposed by Both the Planning Traffic circulation is an issue in the Palomar Airport Road/I-5 area. feels, however, that traffic generation and flow relative to this site can be better addressed when a site developnent plan is suhnitted to the city. further information please see the attached staff report to the Planning Comnission. Staff For The applicant will be required to provide all public improvements to the property. to offset the costs of providing all other public services. In addition, the applicant has qreed to pay a public facilities fee ENVIFC"FAL REVIEM The Land Use Planning Manager issued a Negative Declaration for this woject which was approved by the Planning Comnission on Novenber 23, 1983. EXHIBITS 3. pc Resolution 4 NO. 22 1 1. mation Map 2. Ordinance No. 9 0 4. Staff Report to Planning Camnission dated Noventer 23, 1983 I I Y LOCATION MAP ’\ PALOMAR AND CO. ZC-292 I! i ! I , '3 . 1 2 3 4 5 € 7 t 9 1c 11 12 12 14 1: 1C 1: 1Z l! 2c 21 2: 22 24 21 2t 2'; 2E does ordain as follows: ORDINANCE NO. 9704 amended by the amendment of a zoning map from C-1, C-2 and AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 21 OF THE CARLSBAD MUNICIPAL CODE BY AMENDING THE FROM C-1, IMATELY 5.96 ACRES ON PROPERTY GENERALLY LOCATED AT THE NORTHWEST CORNER OF ROAD , APPLICANT: PALOMAR & COMPANY CASE NO: ZC-292 ZONING MAP C-2 AND R-A-10,OOO TO CT-Q ON APPROX- 1-5 AND PALOMAR AIRPORT R-A-10,000 to CT-Q on property as shown on the map marked ZC-292 - The City Council of the City of Carlsbad, California, Exhibit "A" , attached hereto and made a part hereof. condition that the applicant shall pay a public facilities fee as SECTION 1: Title 21 of the Carlsbad Municipal Code is required by City Council Policy No. 17, dated August 29, 1979, and amended on April 2, 1982, on file with the City Clerk and incorporated herein by reference, and according to the agreement executed by the applicant for payment of said fee a copy of that SECTION 2: This project is approved upon the express agreement dated October 5, 1983, is on file with the City Clerk and incorporated herein by reference. If said fee is not paid as promised, this application will not be consistent with the General Plan and approval for this project shall be void. Said fees shall be paid based on the April 2, 1982 version of Policy No. 17, days after its adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be published at least once in the Carlsbad Journal within fifteen days after its EFFECTIVE DATE: This ordinance shall be effective thirty adopt ion. 3 , " 1 2 3 4 5 6 7 e 9 1c 11 12 12 14 1: 1( 1: 1t 1: 2( 2: 2; 2: 2d 21 24 2' 24 INTRODUCED AND FIRST READ at a regular meeting of the and arlsbad City Council on the - day of I 19 hereafter PASSED AND ADOPTED at a regular meeting of said City wncil held on the day of I 19 I y the following vote, to wit: AYES: NOES : ABSENT: MARY H. CASLER, Mayor TTEST: LETHA L. RAUTENKRANZ, City Clerk SEAL) -2- 7. ,. rl ~ sir I ZC-292 Palunar & Co. EXHIBIT A 11-23-83 c /- /' 2'0-'7 \ *k \ E4 c-2 4 -.. -.. . . I I 1 2 4 6 7 8 11 12 13 14 16 17 18 19 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 2221 A RESOLUTION OF THE PLANNING COMMISSION OF THE APPROVAL OF A ZONE CHANGE FROM C-1, C-2, AND R- A-10 TO CT(Q) ON PROPERTY GENERALLY LOCATED ON THE NORTHWEST CORNER OF INTERSTATE 5 AND PALOMAR AIRPORT ROAD, APPLICANT: PALOMAR AND CO. CASE NO: ZC-292 CITY OF CARLSB-8 CALIFORNIA, RECOMMENDING WmREAS, a verified application for certain property, to wit: Portion of Lot "H" of Rancho Agua Hedionda according to Map No. 823 filed November 16, 1896 8 has been filed with the City of CarlSbad, and referred to the Planning Commission: and WHEREAS, said application constitutes a request as provided by Title 21 of the Carlsbad Municipal Code: and WHEREAS, the Planning Commission did on the 23rd day of November, 1983, hold a duly noticed public hearing as prescribed bi law to consider said request: and WHEREAS, at said public hearing, 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, "HEREFORE, BE IT HEREBY 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-292 8 based on the following findings: Findings : 1) The proposed zone change to CT(Q) is consistent with the General Plan designation of TS since this designation is applied to areas that are suitable for tourist commercial development. Lo z 4 E E 'i € 5 1c 13 l? 14 l€ 11 1E 19 22 24 25 26 27 20 2) 3. 4. 5. 6. The CT(Q) zone is consistent with the surrounding zoning since the other three corners of Interstate 5 and Palomar Airport Roaa are designated for tourist commercial development. The applicant has agreed and is required by the inclusion of an appropriate condition to pay a public facilities fee. Performance of that contract and payment of the fee will enable this body to find that public facilities will be available concurrent with need as required by the General Plan. The proposed zone change is consistent with all other elements of the General Plan. Prior to development of either of these parcels a site development plan must be approved by the Planning Commission. At that time the city will be able to work with the developer of these properties to assure that the development of these properties will not adversely effect other properties in the vicinity and will have an attractive appearance from Interstate 5 and Palomar Airport Road. This project has already been considered in conjunction with a previously certified environmental document and a Notice of Prior Environmental Compliance was issued on November 1, 1983. Planning the 23rd ATTEST t PASSED, APPROVED AND ADOPTED at a regular meeting of the Commission of the City of Carlsbad, California, held on day of November, 1983, by the following vote, to wit: AYES : NOES : ABSENT : Cmtnissicmer Lyttleton. Chairmn Schlehuber, CQnnissioners, Rombotis, Marcus, Farrm and Rawlins. None. ABSTAIN : None. CLAitENCE SCHLEHWER, Chairman CARLSBAD PLANNING COMMISSION MICHAEL J. HOLZMILLER LAND USE PLANNING MANAGER PC RES0 NO. 2221 -2- 7 .. n. , Application Sutrnittal Date: May 2kl.983 STAFF REPORT DATE : November 23, 1983 \- TO : Planning Commission FROM: Land Use Planning Office SUBJECT: ZC-292 - PALOMAR & CO. - Request for a Zone Change from R-A-10, Residential Agricultural, 10,000 square foot - minimum lot size, C-1, Neighborhood Commercial and C-2, General Commercial to CT-Q, Tourist Commercial with a Q overlay for two parcels with an area of 5.96 acres located at the northwest corner of Interstate 5 and Palomar Airport Road. I. RECOMMENDATION It is recommended that the Planning Commission ADOPT Resolution No. 2221 recommending APPROVAL of ZC-292 based on the findings contained therein. 11. PROJECT DESCRIPTION AND PAST HISTORY The applicant is requesting that the zoning of the above mentioned parcels be changed from R-A-10, C-1 and C-2 to CT-Q. The southerly parcel was recently occupied by Stoney's Tire Service while the larger northerly parcel is vacant. The property to the north is occupied by an office building and the property directly to the south is occupied by a service station. The freeway is located to the east and the property to the west is vacant. The southerly parcel is slightly raised above the northerly parcel, but both parcels are relatively flat. The General Plan designations of the subject properties were recently changed from RRE, Extensive Regional Retail to TS, Travel Service. When staff recommended approval of the general plan amendments for these properties the staff reports mentioned that the appropriate zoning for this site would be CT-Q, due to the site's location adjacent to the intersection of Palomar Airport Road and Interstate 5. 111. ANALY S I S Planning Issues 1) Is the proposed CT-Q zone consistent with the TS General 2) Is the proposed CT-Q zone and the uses allowed within this zone consistent with surrounding zoning and land uses? Plan designation? Discussion The proposed CT-Q zone is cons&stent with the TS, Travel Service designation since the Commercial Tourist (CT) zone is the implementing zone for the TS general plan designation. Staff believes the proposed CT-Q zone and the uses allowed within this zone would be consistent with the surrounding zoning and land uses. The CT-Q zone would allow the subject property to be developed with tourist commercial uses. This would be consistent with the existing tourist commercial uses that have developed at the other three corners of the intersection of Palomar Airport Road and Interstate 5. The Q overlay requires Planning Commission approval of a site development plan prior to isssuance of a building permit. Staff believes that this will ensure that any deveopment proposed will be compatible with the adjacent Travel Service area and will be compatible with other future development in the area. It will also assure that any development on this site will have an attractive appearance from Interstate 5 and Palomar Airport Road . In conclusion staff believes that the proposed CT-Q zone is consistent with the General Plan designation of the subject property and the zone and uses permitted within the zone will be consistent with surrounding zoning and land uses. Therefore, staff recommends approval of ZC-292. IV. ENVIRONMENTAL REVIEW The Land Use Planning Manager has determined that this project has already been considered in conjunction with a previously certified environmental document and, therefore, has issued a Notice of Prior Environmental Compliance dated November 1, 1983. A copy of the prior environmental document is on file in the Planning Department. Attachments 1. Planning Commission Resolution No. 2221 2. Location Map 3. Background Data Sheet 4. Disclosure Form 5. Environmental Documents MH: ad 11/7/83 -2- Carlsbad Journal Decreed a Legal Newspaper by the Superior Court of San Diego County 3 138 ROOSEVELT ST. P.O. BOX 248 0 CARLSBAD, CA 92008 729-2345 Proof of Publication STATE OF CALIFORNIA, ss, COUNTY OF SAN DIEGO, I am a citizen of the United States and a resident of the county aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am principal clerk of the printer of the Carlsbad Journal a newspaper of general.circulation, published twice weekly in the City of Carlsbad, County of San Diego, State of California, and which newspaper is published for the dissemination of local news and intelligence of a general character, and which newspaper at all times herein mentioned had and still has a bona fide subscription list of paying subscribers, and which newspaper has been established and published at regular intervals in the said City of Carlsbad, County of Sun Diego, State of California, for a period exceeding one year next preceding the date of publication of the . 19 6.2 . -~ NOTICE OF PUBLIC cia1 with a Q overlay for two parcels comer of Interstate 5 and Palomar t& City Council of the City of Carlk ly described as' notice hereinafter referred to; and that the notice of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: withanareaof5.96acresonpmper- ty generally located on northwest Airport Road and more particular- Parcel B of Parcel Map 642, in the City of Carlsbad, County of San Diego, State of California, a copy of which was recorded October 12. 1971. at Recorder's File No. 2344!H of Official Records, San Diego Case File. ZC-292 Applicant: Palomar and Co. HEARING NOTICE IS HEREBY GIVEN that bact will hold a public hearing at the City Council Chambers, 1200 Elm Avenue, Carlrbad. California. at LOO RM. on Tuesday, December 20,1089, to coniider an application for a zone change from R-A-IO. Res- borhood Commercial. and C-2 Gewral Commercial. P-M Planned Industrial to CT-Q Tourist Commer- Q? .c.?3'!???. .'7 idantial Agricultural, C-1 Neigh- County. ........... ..... CARLSBAD CITY COUNCIL CJ w588: December 7,1983 ................................. 19 .... ................................. 19 .... ................................ 19.. ................................. 19.. I certify under penalty of perjury that the foregoing is true and correct. Executed at Carlsbad, County of San Diego, State of California on trie 7th I Clerk of the Printer Parcel No. 210-090-22 210-100-07 210-100-08 210-100-09 210-170-04 210-170-03 210-170-01 PROPERTY OWNER AND TENANT LIST Owner - Burroughs Corp. Attn : Edward McNamara P.O. Box 33010 Detroit, MI 48232 Paul & Magdalena Ecke P.O. Box 488 Encinitas, CA 92024 Newport National Corp. Attn: F.M. Brusseau 31877 Del Obispo, Ste. 211 San Juan Capistrano, CA 92675 Paul & Magdalena Eke P.O. BOX 488 Encinitas, CA 92024 C. William fi Ruth H. Dealy 1282 Crest Drive Encinitas, CA 92024 Tenant Same 'Exxon Company, U.S.A. Attn: John B. Tat- P.O. Box 16118 Long Beach, CA 90806 Stoney's Tire Service, Inc. 668 Palomar Airport Rd. Carlsbad, CA 92008