HomeMy WebLinkAbout1984-10-16; City Council; 7915; Zone Change Macario Canyon ParkCITP")F CARLSBAD - AGEND-ILL
RECOMMENDED ACTION:
The Planning Carmission and staff are ' that the City aoUncil
introauce Ordinance No. 773 P , WP-T
ITEM ExFLmnIoN
This item is a zme change from Gc, Limited ContmlJ .ti0 0-S, Space, on 288 acres of land Mrawn as Macario Canyon Park. The site is owned by the city and
is located southeast of &pa HediOnaa Lagoon. Cmcurrent with this application, the Planning cannissian also approved a amditional use pennit Eor a firing range for use by the Police Department. The firing range wuld be located in an abandoned trailer park in a me area of Macario Canyon. The Planning
Carmission found Ws use to be both necessary and desirable and all safety issues have been satisfactorily resolved.
With respect to the mne mge, the 0-S mne is consistent with both the general plan desigMtiOn of open space and the mcario Canyon Park developmnt plan previously approved by the City Oruncil. The gmperty was originally red to GC, a holding zme, to allow fjor the annexatim of the property into
Carlsbad. The property was annexed in November, 1982.
The Planning Carmissim hn-d the z;c)ne me to be oansistent with the general plan and is remmrenaing approval.
Thmugh staff review and Planning Carmission -hgJ all issues cn this mtter have been satisfactorily resolved.
ENVI-ALI-
The Land Use Planning Manager has determined that this project will mt muse any significant environmental hpacts and, therefore, has issued a Negative Declaratim, dated August 30, 1984, which was appmed by the Planning
Carmission (31n Septenber 26, 1984. A aapy of the envhmtal cbcumnts is on
file in the Land Use Planning Office.
FISCAL IMPACl'
At the of develapnent, the qlicant Will vide all required plblic
improvements to serve fhe project. In addition, the applicant has agreed to pay
a public facilities fee to offset the CoBt of pmviding other plblic services to
the project.
EXHIBITS
1.
2. Incation Map 3. 4. PC Resolution No. 2354
5.
6.
city mil ordinance NO. 773p
Location Map of Police Firing Range
Staff Report, dated Septenber 26, 1984 w/atta-ts
Zoning Code - Chapter 21.33
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ORDINANCE NO. 9738
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AMWDING TITLE 21 OF THE
CARLSBAD MUNICIPAL CODE BY AMENDING THE ZONING MAP
FOR A ZONE CHANGE FROM L-c, LIMITED CONTROL, TO
OPEN SPACE ON PROPERTY GENERALLY LOCATED ON THE
CITY OWED PORTION OF THE FUTURE MACARIO CANYON
APPLICANT: CITY OF CARLSBAD
CASE NO: ZC-314
The City Council of the City of Carlsbad, California, doe€
PARK.
ordain as follows:
SECTION 1: Title 21 of the Carlsbad Municipal Code is
amended by the amendment of a zoning map for a zone change from
L-C, Limited Control to Open Space on property as shown on the
map marked ZC-314, Exhibit "C", attached hereto and made a part
hereof.
EFFECTIVE DATE: This ordinance shall be effective upon
the effective date of the annexation of the property into the
city, 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 adoption.
INTRODUCED AND FIRST READ at a regular meeting of the
Carlsbad City Council on the 16th day of October 8 1984
and thereafter
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PASSED AND ADOPTED at a regular m-eting of said City
Council held on the 23rd day of October , 19848 by the
following vote, to wit:
AYESS
NOES: JYo~
ABSENT: None
Council Merdxxs Casler, Lewis, Kulchin, Chick and hrescott
ATTEST :
LLkeLLRU ALETHA L. RAUTENKRANZ, City qlerk
(SEAL)
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#.a m OCATION MAP-
EXHIBIT C
9-6-84
SITE
FROM LC to OS
L -0CATION MAP -
MACARIO CANYON PARK I FuTuRE7 MACARIO CANYON PARK
- ‘PALOMAR
-7 AIRPORT -- Am%
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CITY OF CARLSBAD CUP-256
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PLANNING COMMISSION RESOLUTION NO. 2354
A RESOLUTION OF THE PLANNING COMMISSION OF THE
APPROVAL OF A ZONE CHANGE FROM L-C, LIMITED CONTROL, TO 0-S, OPEN SPACE, ON PROPERTY
GENERALLY LOCATED ON THE CITY OWNED PORTION OF THE FUTURE MACARIO CANYON PARK, APPLICANT: CITY OF CARLSBAD CASE NO: ZC-314
WHEREAS, a verified application for certain property, to
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
wit:
A portion of Lot "FW of rancho Agua Hedionda according to
Map No. 823 filed November 16, 1896,
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 26th day of
September, 1984, hold a duly noticed public hearing as prescribed
by 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, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission as follows:
A) That the above recitations are true and correct.
8) That based on the evidence presented at the public hearing, the
Commission recommends APPROVAL of 2C-314, based on the following findings and subject to the following conditions:
Find inq s :
1) The proposed zone change to 0-S, Open Space is consistent with
the general plan designation of OS, Open Space.
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The uses allowed within the 0-S zone are compatible with the
surrounding properties since this zoning will allow the subject property to be developed in accordance with a
previously approved park plan which was designed to be
compatible with surrounding land uses.
This project will not cause any significant environmental
impacts and a Negative Declaration has been issued by the Lanc Use Planning Manager on August 30, 1984 and approved by the Planning Commission on September 26, 1984.
Conditions :
1) Approval is granted for ZC-314, as shown on Exhibit IC", datec
September 6, 1984, incorporated by reference and on file in
the Land Use Planning Office. Development shall occur
substantially as shown unless otherwise noted in these
conditions.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Planning Commission of the City of Carlsbad, California, held on
the 26th day of September, 1984, by the following vote, to wit:
AYES :
NOES : None.
Chairman Rcarbotis, Cubissioners Farmv, Schlehuber,
Madden, Smith and L'Heureux.
ABSENT: -si- mw.
ABSTAIN: me.
JERRY ROMBOTIS, Chairman
CARLSBAD PLANNING COMMISSION
4TTEST:
IICHAEL J. HOLZMILLER
LAND USE PLANNING MANAGER
?C RES0 NO. 2354 -2-
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APPLICATION SUBMITTAL DATE: %i JULY e, 1984 -*
DATE :
TO:
FROM:
SUBJECT :
I.
STAFF REPORT
September 26, 1984
Planning Commission
Land Use Planning Office
zC-314/CUP-256 - CITY OF CARLSBAD - Request for a zone change from L-C to 0-S for 288 acres and a conditional use permit for a Police'Firing Range on an -88 acre site within the 288 acres which comprise the future Macario
Canyon Park.
RECOMMENDATION
It is recommended that the Planning Commission APPROVE the Negative Declaration issued by the Land Use Planning Manager and
ADOPT Resolution No. 2354 recommending APPROVAL of ZC-314 and - mution No. 2355 APPROVING CUP-256 based on the findings and
subject to the conditions contained therein.
11. PROJECT DESCRIPTION
As mentioned above, this is a two-part application. The first
portion is a zone change for 288 acres which comprise the portion of the future Macario Canyon Park that is presently owned by the
City. The requested zone change would change the zoning from L-
C, Limited Control, to O-S, Open Space. The rezone to O-S would
bring the zoning of the property into conformance with the
General Plan and would allow the City of Carlsbad's Police
Department to apply for a Conditional Use Permit to build a
Police Firing Range. The L-C, Limited Control zone is a holding
zone which does not permit any conditional use permits.
The proposed firing range will be located in an abandoned
trailer park within the future Macario Canyon Park. This site
was chosen for safety reasons. The existing topography can be incorporated into the design of the firing range to create a suitable barrier. In addition, this site is oriented towards steep hillsides to the south that will provide additional barriers to any stray rounds. Construction of the proposed
firing range will require approximately 2000 cubic yards of
grading.
The surrounding property is vacant at the present time. The
property immediately to the north of the site is used for agriculture, but as mentioned previously, the firing range is
oriented away from this area.
Representatives for the City of Carlsbad's Police Department
have informed staff that the firing range they are presently using is inadequate for realistic firing practice.
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Iff . ANALYSIS
Zone Change
1)
2) Is the proposed 0-S zone and the uses allowed within this
Is the Proposed 0-S zone consistent with the OS General Plan
designation?
zone consistent with the surrounding zoning and land uses?
Conditional Use Permit
3) Can the four findings, required for approval of a
conditional use permit be made? Specifically:
a) That the requested use is necessary or desirable for
the development of the community, is essentially in harmony with the various elements and objectives of the general plan, and is not detrimental to existing uses or to uses specifically permitted in the zone in which
the proposed use is to be located?
b) That the site for the intended use is adequate in size
and shape to accommodate the use;
c) That all yards, setbacks, walls, fences, landscaping,
and other features necessary to ad just the requested use to existing or permitted future uses in the neighborhood will be provided and maintained:
d) That the street system serving the proposed use is
adequate to properly handle all traffic generated by
the proposed use.
Discussion
The proposed zone change to 0-S is consistent with the subject
property's general plan designation of OS, Open Space. 0-S is
the implementing zone for property designated OS by the general
plan. The existing L-C, Limited Control zone was just a holding
zone to facilitate the annexation of this property into the City
of Carlsbad.
The proposed 04, Open Space, zone and the uses allowed within
it will be consistent with surrounding zoning and land uses. This zoning will allow this area to be developed into a future
city park. This zoning will also allow the police department to
construct a firing range on a .88 acre site within this area.
The City of Carlsbad has already certified an Environmental
Impact Report and approved a plan for the development of this area as a future city park.
Conditional Use Permit
The requested use is necessary for the safety of the City's
Police Department. As mentioned previously, the Police Department lacks adequate facilities for realistic firing
practice. It is important for the department to have realistic
firing practice to enable them to react in a rapid, confident
manner when a real life situation occurs. The City Council realizes the importance of this need and has already authorized funds for the construction of this facility.
At this time, staff does not know the exact date of the
development of Macario Canyon Park. This permit will be
reviewed on a yearly basis to determine its compatibility with other permitted uses within Macario Canyon Park as it is
developed. This range will only be used once or twice a month, so there is a possibility that its use will not conflict with future development within this area, however, that cannot be determined at this time.
The site for the proposed use is adequate in size and shape to accommodate the proposed use. Mounding, created by the construction of an abandoned trailer park, will be incorporated into the design of the firing range. In addition, the range
will be oriented towards a steep hillside which will act as a
further backstop.
The proposed firing range will be located over a mile from the
nearest existing residence and approximately a half mile from future residential development.
This site can only be accessed via dirt roads at the present
time. These roads are adequate to provide access to this site by regular vehicles except during heavy winter storms. This should not create any problems for the Police Department as they can schedule their practices around inclement weather.
In conclusion, staff believes that the proposed zone change is
compatible with the general plan and will not adversely affect any of the adjacent properties. In addition, staff can make all
four of the findings necessary for the approval of a conditional
use permit. Therefore, staff recommends approval of ZC-314/CUP-
CUP-256 .
IV. ENVIRONMENTAL REVIEW
The Land Use Planning Manager has determined that this project
will not have a significant impact on the environment and, therefore, has issued a Negative Declaration on August 30, 1984.
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Attachments
1. Planning Commission Resolution Nos. 2354 and 2355
2. Location Maps 3. Background Data Sheet 4. Environmental Document 5. Exhibits "A" and "Bn, dated September 6, 1984
MH:ad
9/11/84
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CASE XI: ZC-314/WP-256
APPLICANT: City of Carlsbad
REQUEST AND IDU~TI~: Zone change fran Irc to 0-S and a CMditiandL Use Permit
for a police firing range in the future Macario Canyon Park
LEGAL, DESCRIPTION: A portion of Ijot F of Rancho Agua Hedionda acaxding to -- Map No. 823 filed Noveibr 16, 1896 APN:
Acres 280 Proposed No. of Lotsfinits
GENERAC PLAN AND ZONING
Land Use Designation O-S
Density Allowed Density Proposed
Existing Zone LA Prcposed Zone *S
Surraunding Zoning and Land Use:
Zoninq Land use
Site Gc Vacant
North X & County Vacant
south PM Vacant
East C-M
West P-U & E4
vacant
Vacant
PUBLIC FACILITIES
School District Carlsbad Water Carlsbad Sewer Carlsbad EDU's
Public Facilities Fee Agreemnt, dated
- X Negative Declaration, issued Aug ust. 30, 1984
- E.I.R. Certified, dated
Other,
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L,.32.050--21.33.020
line of any lot zoned for "C" or "M" purposes'when such
lot abuts upon property classified for "R" purposes and
no alley intervenes.
Any building located on an alley and having an opening used as a means of access from such alley shall maintain a distance of not less than five feet from such alley. (Ord. 9060 fi1303).
21.32.050 Building height. No building in the "M"
zone shall exceed a height of two stories or thirty-five feet, whichever is the lesser. (Ord. 9060 S1304). -
Chapter 21.33
0-S OPEN SPACE ZONE
Sections :
21.33.010 21.33.020 21.33.030 21.33.040
21.33.050
21.33.060
(4
Intent and purpose. Permitted uses and structures. Permitted accessory uses and structures. Uses and structures permitted by conditional
use permit.
Lot area, minimum.
Building height.
21.33.010 Intent and purpose. The intent and purpose of the 0-S zone is to: (1) Provide for open space and recreational uses which
(2) Protect and encourage said uses wherever feasible;
(3) Be used in conjunction with publicly-owned prop-
have been deemed necessary for the aesthetically attractive
and orderly growth of the community;
erty utilized as parks, open space, recreation areas, civic
centers and other public facilities of a similar nature;
(4) Designate high priority resource areas at time of
development that, when combined would create a logical and comprehensive open space system for the community; (5) Implement the goals and objectives of the general
plan. (Ord. 9385 §2(part), 1974).
21.33.020 Permitted uses and structures. In the 0-S
open space zone only the following uses and structures are
permitted subject to the requirements of this chapter and to
the development standards provided in Chapters 21.41 and -
21.44:
(1) Beaches and shoreline recreation, public;
(2) Bicycle paths;
398 /3 (Carlsbad 10/15/74)
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,- - 21.33.030--21.33.040
Horse trails:
Open space easements :
Parks 8 public; City picnic areas: City playgrounds :
Public access easement, nonvehicular; Public lands; Scenic easements;
Slope easements; Transportation rights-of-way; Vista points;
Aqricultural uses as follows:
(A) -Field and seed crops,
(B) Truck crops,
(C) Horticultural crops,
(D) Orchards and vineyards,
(E) Pasture and rangeland, (F) Tree farms,
(G) Fallow lands.
(Ord. 9461 Sl(part), 1976: Ord. 9385 SZ(part), 1974).
21.33.030 Permitted accessory uses and structures. The
followinq accessory uses and structures are permitted on the same terms as the permitted uses specified in Section 21.33- .020: Public restrooms, clubhouses, parking areas, barbecue
and fire pits, playground equipment, stairways, patios,
changing rooms, pool filtering equipment, fencing and other similar accessory uses and structures required for the conduct of the permitted uses. (Ord. 9385 §2(part), 1974).
21.33.040 Uses and structures permitted by conditional ermit. Subject to the provisions of Chapter 21.50, the E+- owing uses and structures are permitted by conditional
use permit:
(1) Group or organized camps;
(2) Marinas;
(3) Playfields and athletic fields, including courts;
(4) Public facilities, structures;
(5) Recreational campgrounds;
(6) Stables and riding academies, public; (7) Other related cultural, entertainment and recrea- tional activities and facilities; (8) Golf courses;
(9) Swimming pools:
(10) Tennis courts; (11) Private playgrounds;
(12) Private picnic areas. (Ord. 9507 S3, 1978;
Ord. 9385 S2(part), 1974).
398-1 (.Carlsbad 4/15/79)-
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.. - 2 . 33.050--21.34.010
21.33.050 Lot area, minimum. There shall be no mini- mum lot area established for the 0-S zone district. The size of the lot shall be dependent upon the existing or proposed use. (Ord. 9385 S2 (part), 1974)
in the 0-S zone district shall exceed thirty-five feet in
height unless a higher elevation is approved by a conditional
use permit issued by the planning commission. (Ord. 9385
S2 (part), 1974).
21.33.060 Buildinq height. No building or structure
Chapter 21.34
P-M PLANNED INDUSTRIAL ZONE*
Sections :
21.34.010 21.34.020 21.34.030 21.34.040
21.34.050 21.34.060 21.34.070 21.34.080 21.34.090 21.34.110 21.34.120 21.34.130 21.34.140 21.34.150 21.34.160
Intent and purpose.
Permitted uses.
Conditional uses.
Residential uses permitted by conditional use permit. Planned industrial permit.
Industrial subdivisions. Development standards. Design criteria.
Performance standards. Amendments. Final map.
Final planned industrial development plan. Certification of occupancy. Maintenance.
Failure to maintain.
21.34.010 Intent and purpose. The intent and purpose of this chapter is to accomplish the following:
(1) Allow the location of business and iight industries
engaged primarily in research and/or testing, compatible light manufacturing, business and professional offices when engaged in activities associated with corporate offices or in activi- ties whose primary purpose is not to cater directly to the
general public, and certain commercial uses which cater to
and are ancillary to the uses allowed in this zone: (2) Promote an attractive and high-quality design in
developments which upgrades the city's natural environment and identity;
* Prior history: Ords. 1256, 1261, 9060, 9216 and 9674.
398-2 (Carlsbad 12/83)
Carlsbad Journal
Decreed a Legal Newspaper by the Superior Court of Son Diego County
31 38 ROOSEVELT ST. P.O. BOX 248 CARLSBAD, CA 92008 729-2345
Proof of Publicat ion
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 Sun 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 San Diego, State of California, for a period exceeding one year
next preceding the date of publication of the
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:
8 tone change fYdm L-C to 0-s for
288acres and a conditional use p$r- mit for a Police Firing Range ongn .88 acre site within the 288 acres which comprise the future Macario Canyon Park and more particularly delcribed a$: A Portion of Lot “F” of Range Agua Hedionda according to May No. &3 filed November 16. 1Bs& Applicant City of Carlabad
OF HEARING ZC-314/CUP-2&
NOTICE IS HEREBY GIVEN that thecity Council ofthecity ofCarls- bad will hold a public hebring A1 the City Council ChOmbers. 1200 Elm Avenue, Carlsbad. Californi8. at 600 P.M. on Tuekday. October 16. I+. to consider an application for CARLSBAD CITY COUNCti October 6 io 84
d. 17.... .................................
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CITY, OF CARLSLSAD CUP-256
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I certify under penalty of perjury that the foregoing is true and correct. Executed at Carlsbad, County of San Diego, State of Californi on day of Qc tobZ8e &2
v c1 S182: October 0; IS84