HomeMy WebLinkAbout2001-01-17; Planning Commission; Resolution 48921
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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
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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.
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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-
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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-
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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