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HomeMy WebLinkAbout2001-01-17; Planning Commission; Resolution 48921 2 3 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. 4892 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING THE CITY COUNCIL: (1) CHANGE THE ZONING FROM C-l (NEIGHBORHOOD COMMERCIAL) TO R-3 (MULTIPLE FAMILY RESIDENTIAL) AND BAOZ (BEACH AREA OVERLAY ZONE) ON THE TWO LOTS OWNED BY THE CHARLES B. LEDGERWOOD TRUST, AND; (2) NOT CHANGE THE ZONING ON THE LOT OWNED BY THE MITZE H. EUBANKS TRUST AT THIS TIME AND INSTEAD CONSIDER ALLOWING COMMERCIAL TO REMAIN AS A CONFORMING USE AND ACCORDINGLY DIRECT STAFF TO PROCESS APPROPRIATE LAND USE AMENDMENTS AND CONDUCT NECESSARY ENVIRONMENTAL REVIEW. THE THREE LOTS AFFECTED ARE ON THE EAST SIDE OF CARLSBAD BOULEVARD, BETWEEN TAMARACK AVENUE AND REDWOOD AVENUE IN LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: CARLSBAD BOULEVARD/TAMARACK ZONE CHANGE CASE NO: ZC 99-08 WHEREAS, the City of Carlsbad has filed a verified application to change the zoning of property owned by the Charles B. Ledgerwood Trust and property owned by the Mitze H. Eubanks Trust, “Owners”, described as Lots 1 and 2 in Block ‘G’ of Palisades in the City of Cat&bad, County of San Diego, State of California, according to Map thereof No. 1747, Bled in the Office of the Recorder of said San Diego County, February $1923. (property owned by Charles B. Ledgerwood Trust) Parcel 1 of Parcel Map 3713, Bled in the Office of the County Recorder of San Diego County on April 21, 1975 as file/Page No. 75-092233 of Official Records. (property owned by Mike H. Eubanks Trust) (“the Properties”); and WHEREAS, said application constitutes a request for a Zone Change as shown on the draft ordinance Exhibit “X” attached hereto and made a part hereof, dated January 17, 2001, and on file in the Planning Department, CARLSBAD BOULEVARD/TAMARACK 1 2 3 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 ZONE CHANGE, ZC 99-08, as provided by Chapter 21.52 of the Carlsbad Municipal Code; WHEREAS, the Planning Commission did on the 3rd day of January, 2001, hold a duly noticed public hearing as prescribed by law, which was subsequently continued to the 17th day of January, 2001, 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 a Zone Change; and NOW, THEREFORE, 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 the following: 1. That both lots owned by the Charles B. Ledgerwood Trust bordered by Redwood Avenue on the north and Carlsbad Boulevard on the west be rezoned from C-l to R- 3, BAOZ based on the following findings; 2. That the City Council not change the zoning on the property owned by the Mitze H. Eubanks Trust, and, instead, consider allowing commercial to remain as a conforming use based on the following findings, and, accordingly, direct staff to conduct the necessary environmental review and process appropriate public hearing amendments to the General Plan, Local Coastal Program, and Zoning Ordinance. Findings: 1. That the proposed Zone Change for the Charles B. Ledgerwood Trust properties from C-l and C-2 to R-3 and Beach Overlay Zone is consistent with the goals and policies of the various elements of the General Plan, in that the proposed zoning is consistent with the General Plan Residential Density Land Use Designation applied to the subject properties and is compatible with adjacent land uses. 2. That the Zone Change for the Charles B. Ledgerwood Trust properties from C-l and C- 2 to R-3 and Beach Overlay Zone is consistent with the goals and policies of the various elements of the General Plan and will provide consistency between the General Plan and Zoning as mandated by California State law and the City of Carlsbad General Plan Land Use Element, in that the Zone Change brings the properties’ zoning designation into compliance with the General Plan and fulfilIs a General Plan policy calling for PC RESO NO. 4892 -2. 1 2 ? 4 5 6 i 8 5 1c 11 12 13 14 15 16 17 18 19 2c 21 22 23 24 25 26 27 28 3. 4. 5. 6. 7. 8. 9. inconsistent zoning designations to be brought into conformance with the General Plan. That the proposed Zone Change for the Charles B. Ledgerwood Trust properties from C-l and C-2 to R-3 and Beach Overlay Zone is consistent with the goals and policies of the various elements of the General Plan and will also provide consistency with the Local Coastal Program as mandated by California State law for properties in the Coastal Zone in that the Zone Change brings the properties’ zoning designation into conformance with the Local Coastal Program land use map and the proposed Local Coastal Program zone change (LCPA 00-01). That the proposed Zone Change for the Charles B. Ledgerwood Trust properties from C-l and C-2 to R-3 and Beach Overlay Zone is consistent with the goals and policies of the various elements of the General Plan, is consistent with the public convenience, necessity and general welfare, and is consistent with sound planning principles in that it would implement the subject properties’ General Plan designation, would be compatible with surrounding zoning designations, aud would permit land uses the same as those in the surrounding area. That the proposed Zone Change for the Charles B. Ledgerwood Trust properties horn C-l and C-2 to R-3 and Beach Overlay Zone is consistent with the goals and policies of the various elements of the General Plan, which will be applied to the properties as part of the proposed zone change, in that it provides the City with discretionary review to ensure development standards are properly applied and beach area concerns, such as neighborhood compatibility and parking, are adequately addressed. That for the Mitze Eubanks Trust property, allowing commercial to remain as a conforming use has the potential, subject to necessary and appropriate environmental and public hearing review, to be consistent with the goals and policies of the various elements of the General Plan in that it could provide an orderly balance of both public and private land uses within convenient and compatible locations and ensure that such uses serve to protect and enhance the character and image of the City. That for the Mitze Eubanks Trust property, allowing commercial to remain as a conforming use has the potential, subject to necessary and appropriate environmental and public hearing review, to be consistent with the goals and policies of the various elements of the General Plan in that it could create a distinctive sense of place and identity for the surrounding community and ueighborhood of the City through the preservation of existing varied land uses. That for the Mitze Eubanks Trust property, allowing commercial to remain as a conforming use has the potential, subject to necessary and appropriate environmental and public hearing review, to be consistent with the goals and policies of the various elements of the General Plan in that it could provide for the social and economic ueeds of the community. That for the Mitze Eubanks Trust property, allowing commercial to remain as a conforming use has the potential, subject to necessary and appropriate PC RESO NO. 4892 -3- 1 2 3 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 I I environmental and public hearing review, to be consistent with the goals and policies of the various elements of the General Plan is consistent with sound planning principles in that the property has historically been used as a commercial property and a bona tide eating establishment and thus could be found to be consistent with the public convenience, necessity, and general welfare. 10. That for the Mitze Eubanks Trust property, allowing commercial to remain as a conforming use has the potential, subject to necessary and appropriate environmental and public hearing review, to be consistent with the goals and policies of the various elements of the General Plan in that it would allow continuance of such likewise historical use and thereby preserve the community identity, character and convenience that the use provides to the public and surrounding neighborhood. 11. That for the Mitze Eubanks Trust property, allowing commercial to remain as a conforming use has the potential, subject to necessary and appropriate environmental and public hearing review, to be consistent with the goals and policies of the various elements of the General Plan in that the application of appropriate zoning, use, and development standards will ensure the continued compatibility of commercial uses with the surrounding neighborhood by addressing such concerns as traffic flow, parking, noise and architectural compatibility. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, held on the 17th day of January 2001, by the following vote, to wit: AYES: Chairperson &gall, Commissioners Baker, Compas, Heineman, L’Heureux, and Trigas NOES: ABSENT: Commissioner Nielsen ABSTAIN: / JEI%l& N. SEGALL, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: MICHAEL J.k!JLZ&LER Planning Director PC RBSO NO. 4892 -4- Exhibit “x” January 17,200l ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING SECTION 21.05.030 OF THE CARLSBAD MUNICIPAL CODE BY AN AMENDMENT TO THE ZONING MAP TO GRANT A ZONE CHANGE, ZC 99-08, FROM C-l AND C-2 TO R-3 AND BEACH AREA OVERLAY ZONE ON TWO PROPERTIES LOCATED ON THE EAST SIDE OF CARLSBAD BOULEVARD AND SOUTH OF REDWOOD AVENUE IN LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: CARLSBAD BOULEVARD/TAMARACK ZONE CHANGE CASE NO.: ZC 99-08/LCPA 00-01 The City Council of the City of Carlsbad, California does ordain as follows: SECTION I: That Section 21.05.030 of the Carlsbad Municipal Code, being the zoning map, is amended as shown on the maps marked Exhibit “ZC 99-08” and “LCPA 00-01” attached hereto and made a part hereof. SECTION II: That the findings of the Planning Commission as set forth in Planning Commission Resolution Nos. 4891, 4892, and 4893 constitute the findings of the City Council, EFFECTIVE DATE: This ordinance shall be effective thirty 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 a newspaper of general circulation within fifteen days after its adoption Ill Ill INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council held on the day of ,200 1, and thereafter PASSED AND ADOPTED at a regular meeting of said City Council held on the day of ,2001, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: CLAUDE A. LEWIS, Mayor ATTEST: ALETHA L. RAUTENKRANZ, City Clerk (SEAL) -2- -~ PROPERTY ZONE CHANGE ZC: 99-08 drafl [51 final 0 Project Name: Carlsbad Blvd/Tamarack Zone Change Legal Description(s): 1 Related Case File No(s): LCPA 00-01 A.: Lot 2 in Block ‘G’ of Palisades in the City of Carlsbad, County of San Diego. State of California, according to Map thereof No. 1747, filed in the Office of the Recorder of said San Diego County, February 5, 1923. B.: Lot 1 in Block ‘G’ of Palisades in the City of Carlsbad, County of San Diego. State of California, according to Map thereof No. 1747, filed in the Office of the Recorder of said San Diego County, February 5, 1923. C.: Parcel 1 of Parcel Map 3713, filed in the Office of the County Recorder of San Diego County on April 21, 1975 as file/Page No. 75092233 of Official Records. Zone Change Approvals Property: From: To: Council Approval Date: A. 204-253-13 C-l R-3, BAOZ’ Ordinance No: B. 204-253-14 C-l R-3, BAOZ Effective Date: C. 204-253-20 c-2 No change Signature: n *Beach Area Overlay Zone I REVISED LOCAL COASTAL PROGRAM - LCPA: 00-01 draft [XI final q Project Name: Carlsbad BlvdiTamarack Zone Change Property/Legal Description(s): 1 Related Case File No(s): ZC 99-08 A.: Lot 2 in Block ‘G’ of Palisades in the City of Carlsbad. County of San Diego. State of California, according to Map thereof No. 1747, tiled in the Office of the Recorder of said San Diego County, February 5, 1923. 6.: Lot 1 in Block ‘G’ of Palisades in the City of Carlsbad. County of San Diego, State of California, according to Map thereof No. 1747, filed in the Office of the Recorder of said San Diego County, February 5. 1923. C.: Parcel 1 of Parcel Map 3713. filed in the Office of the County Recorder of San Diego County on April 21, 1975 as file/Page No. 75-092233 of Official Records. LCPA Map Designation Change Property From: To: A. 204-253-13 c-2 R-3, BAOZ’ B. 204-253-14 c-2 R-3, BAOZ C.204.253-20 c-2 No change ‘Beach Area Overlay Zone Approvals Council Approval Date: Effective Date: Signature: REVISED