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Home My WebLink AboutZC 204; Q Overlay on South Side of Elm Avenue; Zone Change (ZC).... . . ,. · .. DATE: TO: FROM: SUBJECT: REQUEST: Background STAFF REPORT July 11, 1979 Planning Commission Planning Department Zone Change 204 (City of Carlsbad) Q OVERLAY ON PROPERTY CURRENTLY ZONED R-P: SOUTH SIDE OF ELM AVENUE, WEST OF HIGHLAND DRIVE Location and Description of Property The subject property consists of two vacant, contiguous parcels located on the south side of Elm Avenue, one lot (approximately 60 feet) west of Highland Drive. Each parcel has access off of Elm Avenue. Parcel One is an "L" shaped lot and contains 40,207 square feet. Parcel Two, which is adjacent to the west, is rectangularly shaped and contains 56,676 square feet. Existing Zoning Subject Property: North: South: East: West: Existing Land Use Subject Property: North: South: East: West: General Plan R-P (Approximately 5100 square feet of Parcel Two is zoned R-P-Q) R-1-10,000 . R-1-7500; R-1-10,000 R-1-10,000 R-P-Q; R-1-7500 Vacant Vacant (Agriculture) Residential Residential Residential; Vacant (R-P-Q) The land use element of the General Plan designates the subject property for "Professional and Related Commercial" uses (0). The proposed zone change would be consistent with this General Plan Designation. Environmental Impact Assessment A Declaration of Negative Environmental Impact has been issued Staff Report -zc 201 July 11, 1979 Page Two for the proposed zone change. The Negative Declaration was issued based on the justification that: 1) The Zone Change is administrative in nature and would not result in any adverse impacts to any plant or animal species, or to any significant environmental features. 2) Additional discretionary review is required by the "Q" overlay (site development plan). This will serve to mitigate any potential adverse environmental impacts on a project-by-project basis. Public Facilities The proposed zone change will not have any impact on public facilities, since any future entitlements for devlopment on the subject property would be subject to discretionary review and must prove sewer availability. In addition, Section 21.49.020(4) (Planning Moratorium) of the Carlsbad Municipal Code states that "Any necessary applications for projects undertaken by the City of Carlsbad may be accepted, processed and approved." Finally, the "Q" zone is merely an overlay zone, and would not allow a more intense use of the site than currently permitted by the R-P zone. History and Related Cases ZC-134 (Change of Zone from R-1-7500 to R-P) City Council Ordinance No. 9393; June 18, 1974 Originally the owner of the subject property requested a rezoning from R-1-7500 to C-1, with a specific plan. The Planning Commission denied this request on November 13, 1973. The request was modified and on June 18, 1974, the City Council approved a rezoning of the property from R-1-7500 to R-P (Residential-Professional). This approval was based on a Civic Center study which found the property appropriate for either R-P or RD-M zoning. These zones were found to provide a necessary transition between the Civic Center property and the residential development to the east and south. SP-142 (Specific Plan to Allow Development of a Financial and Professional Complex on the Subject Property) . City Council Ordinance No. 9392; June 18, 1974 Concurrent with ZC-134, Council approved a specific plan which allowed the development of a financial and professional complex on the subject property. This specific plan included a condition that unless development of the property occurred within one year from the date of approval, said specific plan would expire. Since no development occurred, the specific plan expired. However, the property owner has the , . Staff Report -ZCA , July 11, 1979 Page Three right to develop the site in lieu of a specific plan as long as it is done in conformance with the R-P zoning standards. ZC-184 (Zone Change from R-1-7500 to R-P-Q on City owned property) City Council Ordinance No. 9475, Feb. 1, 1977. This case involved a change of zoning from R-1-7500 to R-P-Q on the City owned property (including City Hall) on Pia Pica Drive and the south side of Elm Avenue, adjacent to the west of the subject property. The Q overlay was placed on this property in order to mitigate potential traffic impacts along those streets through the site development plan process. Adjustment Plat 161; Recorded March 1, 1979 An adjustment plat was processed through the City consoli- dating several lots affecting the subject property. In addition, a portion (approximately 5100 square feet) of the City property adjacent to the west was sold to the applicant, and included as part of parcel Two. This portion of Parcel Two carried with it the R-P-Q zoning. Major Planning Considerations 1) What impact will the proposed zone change have on the contig- uous residential development? 2) Is the additional discretionary review necessitated by the "Q" overlay desirable in terms of mitigating potential adverse impacts from future development of the site? 3) If the zone change was denied, what problems, if any, would result given the fact that Parcel Two carries both R-P and R-P-Q zoning? DISCUSSION The proposed City-initiated zone change would place a "Q" (Qualified Development) overlay zone on the subject property which is currently zoned R-P (Residential-Professional) . The Civic Center and pri- vately owned properties along Elm Avenue, which are zoned Residential- Professional, all carry the "Q" overlay. The subject parcels are the only lots which are zoned R-P and do not carry this overlay zone. Although a specific plan has expired on the subject property, the applicant is allowed by right to develop the site based on the R-P zoning standards. The zone change is considered desirable since it provides the City with discretionary review over future development of the property. Specificially, approval of a site development plan is Staff Report -ZCA ' "'4 July 11, 1979 Page Four required prior to the issuance of building permits. The Plan- ning Commission may, through the site development plan process, review such planning issues as: setbacks, yards, open space, building heights and bulk, fences and walls, signs, landscaping, ingress and egress, grading, public improvements, and other condi- tions necessary to ensure conformity with the General Plan and other City policies. Such review is important since the R-P zone allows, by right, uses (e.g. drive-thru banks) which could create adverse traffic impacts. The "Q" overlay provides the City with a means to mitigate such impacts. Further, the site development plan process would serve to reduce potential conflicts between the uses permitted by the R-P zone and the contiguous residential property. RECOMHENDATION Staff recommends that the Planning Commission forward a recommenda- tion of APPROVAL of Zone Change 204, as per Exhibit A, dated June 18, 1979, to the City Council based on the following findings. Findings: 1) The proposed zone change is consistent with the City's General Plan since: a) The "Q" overlay would maintain the consistency of the existing R-P zone with the General Plan's "Professional and Related Commercial" land use designation. b) The "Q" overlay will ensure that future development of the property will conform to all policies of the General Plan. 2) The proposed zone change is consistent with the Carlsbad Environmental Protection Ordinance since a Declaration of Negative Environmental Impact was made based on the justi- fication that: a) The Zone Change is administrative in nature and would not result in any adverse impacts to any plant or animal species, or to any significant environmental features. b) Additional discretionary review is required by the "Q" overlay (site development plan). This will serve to mitigate any potential adverse environmental impacts on a project-by-project basis. 3) The proposed zone change is consistent with all applicable Staff Report -ZCA ·July 11, 1979 Page Five City public facility policies and ordinances since: a) The sewer change itself will not create additional demand for sewer service, and any future entitlements for development on the subject property would be sub- ject to discretionary review and must prove sewer availability. b) Section 21.49.020(4) of the Carlsbad Municipal Code states that "Any necessary applications for projects undertaken by the City of Carlsbad may be accepted, processed and approved." c) The Site Development Plan process provides a method whereby public improvements and facilities can be required of the developers of the subject property, as such need is created. 4) The proposed zone change will not adversely impact the sur- rounding neighborhood since the underlying zone, which is consistent with the adjacent development, will remain, and an additional discretionary review process will be implemented, further reducing the potential for adverse impacts. BM: jd 7/5/79 ' . . , .. AF.EA TO BE:. REZONED WITH \\Q.II OVffiLAY ._\" . .. '· •,. \ . CarlsiJad Journal Decreed A Legal Newspaper by the Superior Court of San Diego County 3088 PIO PICO AVENUE e P.O. BOX 248 • CARLSBAD, CA 92008 e 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 San Diego, State of California, for a period exceeding one year 2M /5-79 NOTICE OF DECLARATION OF NONSIGNIFICANT ENVIRONMENTAL IMPACT NOTICE IS HEREBY GIVEN that the City or Carlsbad bas iuued Neptive Declaratlona for tile followlllgprojeets: C"SE NO: ~ LOG NO. 5111. The proposed project Involves the place· ment or the ''Q .. Overlay Zone on prop· erty currently zoned R·P (Residential Professional). The property consists of boo vacant, contiguous parcels, located on the south side ofEim Avenue, one lot west of Highland Drive. Each parcel has access orr of Elm Avenue. Applicant: CITY OF CARLSBAD. A copy oft he subject Negative Decla- rations with SUpportive information IS available for public review at the Plan· ning Depattment, C1ty Hall, 1200 Elm Avenue, Carlsbad. Comment$ !'rom the public are invited. Please submit com- ments In writing to the Planning De· partment within live (5) days trom the ~ate of this notice. CJ 8-165: June 23, 1879 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: June 23 •••••••••••••••••• 0. 0 •••••••••••• 19 .. 7.9 ................................. 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 the 23rd day of .~:~~~79 :J/:Jk 9 --Clerk of the Printer CarlsiJad Journal Decreed A Legal Newspaper by the Superior Court of San Diego County 3088 PIO PI CO AVENUE e P.O. BOX 248 • CARLSBAD, CA 92008 e 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 San Diego, State of California, for a period exceeding one year 2M /5-79 · · NOTICE OF PUBUC overlay zone on property presently ua ... Dr»n • · zoaed R·P, aeaerally located on the ~,,.. IOIItllllde oi'Eim Avenue, west of High· . Wid, in tbe City or <;arlsbad. NOTICIII"iiiRDfCIIYINIIIIl.. · Tboae penoas wishinc to speak on PIIDDIIII Collmlallloll of tJa• City or tlllspropoal)~co~iallyinvitedtoat· carlltlld wUI bohla public bearllll 011 telld till publ1e hearmg. tryou have any Wedaeada7,July 11,197t,at?:OIIP.II. iD' •ueationa please call729-1181 and ask the Citir CoullCU Chamberi; 1200 Elm lor~ Plan~llll Department. Aveaue Clrbbd Call~;; to c:Oa-Applicant: C11Y ofCarisbad :1 . ' • CITY OF CARLSBAD aider IIIOM Clla~ fortht ei111ofQ PLANNING COMMISSION 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: ... J\11)!= .. 30 . . . . . . . . . . . . . . . . . . . . . . 19 .7.9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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 .=-...J+whu..t:::::e~3.u.O..~...t~.,..hu_ _____ _ dF :9 ]La Clerk of the Printer l"'lTICE OF PUBLIC HEARING zc 204 NOTICE IS HEREBY GIVEN that the Planning Commission of the City of CarlsbadrMill hold a public hearing on Wednesday, July 11, 1979, at 7:00 P.M. in the City Council Chambersr 1200 Elm Avenue, Carlsbad, California, to consider a Zone Change for the placing of Q overlay zone on property presently zoned R-P, generally located on the south side of Elm Avenue, west of Highland, in the City of Carlsbad~ Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. If you have any questions please call 729-1181 and ask for the Planning Department. APPLICANT: City of Carlsbad June 30, 1979 PUBLISH: CITY OF CARLSBAD PLANNING COMMISSION AREA TO BE. <ri PlEZONeD .~ · WITH '.\Qu OVEP1LAY l I .. ,..,, NOTICE OF PUBLIC HEARING ( zc 204 NOTICE IS HEREBY GIVEN that the Planning Comrr.dssion of the City of Carlsbad~will hold a public hearing on Wednesday, July 11, 1979, at 7:00 P.M. in the City Council Chambers, 1200 Elm Avenue, Carlsbad, California, to consider a Zone Change for the placing of Q overlay zone on property presently zoned R-P, generally located on the south side of Elm Avenue, west of Highland, in the City of Carlsbad~ Those persons wishing to speak on this proposal axe cordially invited to attend the public hearing. If you have any questions please call 729-1181 and ask for the Planning Department. APPLICANT: PUBLISH: City of Carlsbad June 30, 1979 CITY OF CARLSBAD PLANNING COMMISSION AREA TO Be REZONED WITH '.\ Q II OVEP1LAY t-1. ss•z.:;;.'o7•E. 4(07. 47' '-------~ :.-::..=. sc;.- OAK AVS:MUE' ---· -------- ~. I i I