HomeMy WebLinkAbout1973-08-07; City Council; 2095; Request for a change of zoneV N* • <7THE CITY OF CARLSPAD, CALIFORNIA /-_,. ,
C.C. Meettncf of
Agenda Bill NO. &.ts ff5"~ ' pateAugust 7. 1973
Ref-rred To: CITY COUNCIL
Subject: Request for a Change of Zone from R-2 & R-3 Submitted By:
to RD-M from F. JAMES BEAR; to allow for condominium development PLANNING
{' on property generally located easterly of and adjacent to ' COMMISSION
Carlsbad Blvd. and between Tamarack Ave. and Sequoia Ave,
"' t.o be. known as SEAVIEW CONDOMINIUMS. (ZC-117)'
• " Statement of the Matter
At their regular meeting of July 24, 1973, the Planning Commission did.hear a'
' request for a change of zone from R-2 & R-3 to RD-M, and a Final Environmental
Impact Report for F. J. Bear. This project consists of two separate parcels.
After holding a duly noticed public hearing, and considering all persons wishing
'to speak, the Planning Commission did accept the Final EIR as presented.
Planning Commission Resolution No. 932 was adopted approving the change of zone
request from R-2 & R-3 to RD-M on subject property, for the reasons as presented
in the Staff Report.
Exhibit
1. Certification of ownership
2. Staff Report dated July 24, 1973 -
3. Petition AGAINST this project.
4. E.I.R. Report for Seaview Condominiums prepared -by .Rick Engineering Co.
5. Applicant's exhibits (Map) . '/,,%''6. Planning Commission Resolution No. 932 adopting zone change(ZC-117j
7. City Council Resol ution^*
8.
Staff Recommendations : Approval per reasons as stated in
Resolution No. 932.
AS No.Date: August 7, 1973
City Man ager ' s Recommendation
Concur
Counci. 1 ' Ac tion
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0. -R AND/OR OWNER'S AUTHORIZED . £MT
AFFIDAVIT
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CARLSBAD )
ss
I, (We) F> James Bear being duly sworn depose and
declare to the best of my
- . (my, our)
true and correct under the penalty of purjury:
jcnowledge that the foregoing is
EXECUTED AT Carlsbad, California
(City)(State)
DATE -March 22,. 1973
(Year)(Month)
APPLICANT, OWNER AMD/OR OWNER'S AUTHORIZED AGENT:
F. James Bear
(Print Name)
.r (Signature)
P. O. Box 7464
(Mailing Address)
San Diego, California 92107 ' '
(City and State)(I
(714) 232-2282
(Area Code) (Telephone Number]"
City of Carlsbad
Planning Department
Analysis for
July 24, ,1973
TO:
REPORT ON:
CASE NOS.
APPLICANT:
Planning Commission
Consideration of E. I. R.
" " Change of Zone
" " Tentative Map
Eis-ni
ZC-117 '
CT 72-3
F. J. Bear for ,Seaview Condominiums
P. 0. Box 7464" :
San Diego, CA 92107
I. General Information
General RequestA.
to the City
R-3 and R-2
Council
to RD-M
condominium complex
and portions of Lots
Palisades. Lot 18 of
property is already zoned
That the Planning Commission recommend
that an EIS, a change of zone request from
and a tentative map for a 51 dwelling unit
be located on lots 1 and 2, Block I
1-6-and Lots 19 and 20, Block H, Map of
Block I which is included in the subject
RD-M. .
8- Background: The subject property consisting of two
separate parcels, one located easterly of and adjacent to
Carlsbad Boulevard between Tamarack Avenue and Sequoia Avenue
and the second at the southeast corner of the intersection
of Sequoia Avenue and Carlsbad Boulevard. The first parcel
has a frontage on Carlsbad Boulevard of"250 feet, a frontage
on Tamarack Avenue of approximately 189.72 feet and contains
a gross area of 0.93 acres. With the required 42 feet of
dedication on Tamarack Avenue, the net acreage of this parcel
is 0.75 acres. The second parcel has a frontage on Carlsbad
Boulevard of approximately 100 feet, a frontage on Sequoia
Avenue of approximately 135 feet and contains an area of
approximately .31 acres. In that no additional dedications
are required on this second parcel, the total net area of
the subject property would be 1.06 acres.
The applicant is indicating on the tentative mao that
certain portions of Carlsbad Boulevard are to be abandoned.
At present, the staff can find no justification for such an
abandonment; particularly since the City has indicated that
the presently L jsed portions of Carlsbad joulevard would be
utilized for recreation purposes, such as bridal paths, rest
areas, etc.. Such araas would enhance the recreational
activities that occur in the beach area. While the area
indicated to be abandoned by the applicant does consist
largely of slope, staff believes that certain recreational '
ourposes could be located in that area. In addition, a
substantial amount of utility facilities are located in
the area in question and the abandonment of the area may neces-
sitate the relocation of these facilities.
The applicant is also indicating on the tentative map
that an additional 21 feet of right-of-way is to be dedicated
along Tamarack Avenue. The present right-of-way is 60 feet.
The ultimate right-of-way is to be 102 feet.:Eased upon studies
conducted by the engineering department, the total additional
right-of-way between Carlsbad Boul.evard and the railroad "
right-of-way to the east is to be taken along the south '••
side of Tamarack Avenue. Thus the tentative map does not show
the necessary right-of-way along Tamarack Avenue.
A total of four residences presently exist on the subject
property. The proposed development would require the
demolition of these structures which would result in the
displacement of approximately 20 persons. . '
C. Zoning arid General Plan: -
1• Zoning Existing: R-3, R-2, RD-M
Proposed: RD-M (TM w 51 d.u.)
Adjacent: -North - C-l & R-3 .
South - R-3
East - RD-M, R-3, R-2
West - L-C
2. General Plan: The land use-amendment No. 1 to
the adopted General Plan indicates the subject property to be
potential medium density residential with from 0-50 dwelling units
per net acre. The density proposed by the applicant is 50 d.u./
net acre. This is based upon a net acreage of 1.06 acres.
D. Public Notification: The required public notices have
been published and mailed regarding these items.
II. Consideration of E.I.R. No. 'Til
A. ' 'Summary: A draft E.I.R. was received by staff on
May 7, 1973 and a letter indicating deficiencies was mailed
to the author of the report on May 23, 1973. Staff did receive
a letter of amendment on June 15, 1973. Staff did accept the
draft E.I.R. entitled "Seaview" and the subsequent amendment
dated June 14, 1973 as an adequate draft E.I.R. In that
substantial development does exist on the site and in that
the property is located in an area of substantial development,
staff is of the opinion that the environmental impact is of
less significance than if the project were located in an un-
developed area. The draft E.I.R. and the amendment substantially
addresses the maj^r concerns with regard to the environment. Any
areas .of the draft considered weak in any way are further elaborated
upon below.
B- Acceptability of Draft E.I.R: The draft E.I.R.,with the
amendment, titled "Seaview" prepared by the Rick Engineering Co.
was accepted by the Planning Department as an appropriate
preliminary E.I.R. This-report was forwarded to the following
agencies for comments and any responses are attached to this
report:
1. County of San Diego Parks & Recreation .Department
2. State of California Division of Highways
3. State of California Parks & Recreation Department
4. San Diego Regional Water Quality Control Board
5. Comprehensive Planning Organization
6. San Diego Coast Regional Commission
7. City Engineering Department .
8. Carlsbad Unified School District
C. Final E.I.R. No. Til: The draft E.I.R. as amended is
used substantially in this final report. . ••'.
1. P roj ect Des'cr I p tton: The project description as
outlined in the draft E.I.R. on pages 1-3 and as enlarged on
pages 1-2 of the amendment, along with all maps and the aerial,,
which is somewhat out of date, does adequately describe the
project as proposed by the applicant.
2. Envirorimental "Setting: The environmental setting
as explained on pages 3-6 of the draft E.I.R. and pages 2-4 of
the amendment letter is adequate but should also include the
following:
a. Geological 'setting - The erosion potential
appears to have a high potential. Special mitigating measures
will be required to preserve the 10-15 feet high existing bank.
b. Visual setting - Because of the rise in elevation
of the site and the proposed use of two-story structures, staff
believes that the potential visual impact of this development
to some of the State Beach areas is significant. '
c. 'Existing and Planned land 'uses - The proposed
density is 50 dwelling units per net acre which is at the
maximum permitted by the General Plan amendment.
3. Environmental Impacts - The impacts expressed on
pages 6-10 of the draft E.I.R. and enlarged on page. 4 of the
amendment do adequately indicate the affects of the project
except for the following:
a- Traffic - the current city traffic studies
indicate that the present traffic volume on Carlsbad Boulevard
is 8700 vehicles per day; not the indicated 4160 trips per day
The trips per day generated by the proposed project will range
from 510 to 1275 trips per day.
b. ^ommun 1 ty Servi ces - B'aseo upon the author's
estimate of 1.5 children per unit, stafr
potential number of school children will
number of 8. With a potential number of
it's estimated that there will
aged chi1dren .
believes that the
exceed the indicated
children of 76
be at least 50 school
The indicated abandonment of right-of-way along Carlsbad
Boulevard should be considered a significant impact of community
services, since utilities will have to be relocated and a loss
of potential recreational areas will be less. In addition,
the lack of the full dedication of right-of-v/ay along Tamarack
Avenue will potentially have an impact on the circulation of the
whole area. Both effects are considered to be sufficiently
adverse to not permit them to occur.
4.
effects on
along with
report.
Adverse Environmental Effects: The list of adverse
is considered adequatepage 11 of the
the discussion
draft E.'I.R.
presented under section 3 of this
on page
5.
12
'H j_ti_g_ati ng Mea sures: The mitigating measures outlined
of the draft E.I.R. should be enlarged to include:
a. Specific methods to preserve the existing unstable
slope along Carlsbad Boulevard such as the use of appropriate
landscaping and substantial setbacks.
b. The abandonment of access rights to Carlsbad
•Boulevand and Tamarack Averme •with Sequoia Avenue becoming a
cul-de-sac ending at the subject property. This would increase
the useable open area on the site and improve the visual
appearance of the development from Tamarack and Carlsbad Boulevard.
In addition, the potential public use of the undeveloped right-of-
way along Carlsbad Boulevard would be preserved.
6. Alternative to the Proposed Action:
proposed on pages 13-14 of the draft E.I.R. and
the amendment should be enlarged to include the
alternative outlined under subpoint b of section
The alternatives
on page 4 of
potential
5 of this report,
7. The Relationship Between Short Term and Long Term Effects
The explanation
adequate.
given on page 15 of the draft E.I.R. is considered
8.
on page 16
considered
9.
in an area
the growth
Irreversi ble Envi ronmental Changes :
of the draft
adequate.
E.I.R. and pages 4-5 of
The changes shown'
the amendment is
Growth Inducing Impacts: In that the parcel is located
of substantial development, staff would not consider
inducing impacts of the project as being significant.
10. Boundary of Area Affected by the Project: In that
the project is located in an area of "substantial deve'l oprcent and
residential development does already exist on the site, the
boundary outlined on page 18 of the draft E.l.R. is considered
adequate. In addition, the parcel is within the Coastal Zone
and will be evaluated by the Coastal Commission.
D. Staff Recommendation:
That the Planning Commission recommend to the City Council
that the final E.l.R. be approved to include:
1. The draft E.I.R.
2. The amendment letter
3.. Staff's comments herein ,
4. Any response -received from notification ''•".•'-
5. Any input received during the public hearing
Justification is based upon:
1. These materials do adequately express the total
significant effect of the proposed development on the environment.
III. Consideration; of Change of Zone No. 117:
A- Specif"rc Requ est: A portion of the subject parcel is
presently zoned RD-M. The applicant is requesting that the
Planning Commission recommend to the City Council that the
remainder of the property be changed from R-3 and R-2 to RD-M.
Based upon a net acreage of 1.06 acres, the maximum permitted
dwelling units, as limited by the general plan, would be 51
dwelling units. Circulation to the site would be provided
from Tamarack Avenue and Sequoia Avenue.
B. 'Staff Recommendation: That the Planning Commission
recommend to the City Council that a change of zone to make
the total property zoned RD-M be approved. Justification is
based upon:
1. The RD-M Zone district by its restrictions guarantees
conformance to the General Plan commitment for the property.
2. The subject site is considered adequate in size and
location for most of the permitted uses in the RD-M Zone.
IV. 'Consideration of Tentative Map No. CT 72-38
A. Specific Request: The tentative map is to consist of
two lots upon which a total of 51 dwelling units are proposed.
A 21 foot dedication along Tamarack Avenue and an approximate
14 foot abandonment along Carlsbad Boulevard is indicated to
occur as a part of the Tentative Map.
B- Staff acommendation : That the ,-ntative Map be denied.
Justification is based upon:
1. Non-conformance to the General Plan in terms of
circulation in that an inadequate width o.f Tamarack Avenue is
proposed .
2. Non-conformance with the Municipal Code in that
inadequate street widths are proposed and an inappropriate
abandonment is proposed.
3. Mon-conformance to the State Map Act in that the
tentative map is:
a. not consistent as to design and improvements
with the General Plan.
b. in conflict as to design and improvements
with existing rights-of-way.
C. 'Alternative Proposal: Staff in its evaluation of the
subject tentative map is of the opinion that it would be feasible
to abandon Sequoia Avenue on the subject property if the
following were provided:
1. A turn-around built to City standards
2. Utility easements and pedestrian access from the end
of Sequoia Avenue to Carlsbad Boulevard.
3. The widening of Tamarack Avenue by an additional 42 feet
in that this revision is such a significant change to
the proposed project which would require substantial
revision to the E.I.R. and the tentative map and the
applicant may require additional study before pursuing
this alternative, staff is recommending that the
present tentative map be denied.
PAUL A. WILLIAMS,
Associate Planner
Page No. Orts July 20, 1973
PETITION AGAINST ZONE CHANGE TO ALLOW A 51 UNIT CONDOMINIUM
Project Ssaview, F.J. & Suzanne Bear
Case No. ZC-11?
Case No. CT-723S
Regarding zone change frora R-2 & R3 to RD-M to allow a 51 unit
condominium.
We the undersigned legal property owners do hereby wish to have
it be known that we are against (negative) with regards to this zone
change to allow a 51 unit condominium.
This proposed project would in our opinion create a more serious
parking problem on side streets, due to the law regarding no parking on
Carlsbad Blvd. which is the main highway and also the entrance to state
public beach that fronts the proposed project.
This project would in our opinion create a "Chinese ¥all" style
of beachfront development that blocks the view.
New structures of this magnitude would change the character of
the older, smaller existing single faraily residences and apartment type
neighborhood and encourage wall- to- wall construction of larger
buildings.
All of ths above nentioned items would have a Environmental
Impact on the entire general beachfront araa.
.,_,-___,,,__
-It ^
July 20, 1973
PSTION AGAINST ZONE CHANGE TO ALLOW A 51 UNIT CONDOMINIUM
Project Ssaview, F.J. & Suzanne Bear
Case No. ZC-117
Cass No. CT-723#
Regarding zone change from R-2 & R3 to RD-M to allow a 51 unit
condoDjiniua.
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PLANNING'COMMISSION RESOLUTION NO.932
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL TO THE
CITY COUNCIL OF A CHANGE OF ZONE FROM R-3 AND R-2 JO
3-M. ON PROPERTY GENERALLY LOCATED EASTERLY OF AND
UIENT TO CARLSBAD BOULEVARD BETWEEN TAMARACK AVENUE
AND SEQUOIA AVENUE, TO BE KNOWN AS SEAVIEW CONDOMINIUMS.
WHEREAS, the Planning Commission of the City of Carlsbad did hold
a duly noticed Public Hearing on July 24, 1973 to consider a request for
a change of zone from R-2 and R-3 to RD-M, on property generally located
easterly of and adjacent to CArlsbad Boulevard between Tamarack Avenue
and Sequoia Avenue, by applicant F. J. BEAR, and property, further described
All those portions of Lots 1 through 6
inclusive, Lot 19 and 20, Block H, Lot
1 and Lot 2, Block 1, Palisades, according
to Map thereof No. 1747 on file in the
Office of the County Recorder, City of
Carlsbad, County of San Diego, State of
California.
WHEREAS, the Planning Commission did consider the Final Environmental
Impact Report for this project and approved same as presented, and;
WHEREAS, at said Public Hearing, upon hearing and considering the
testimony and arguments, if any, of all persons who desired to be heard,
said Commission did find the following facts and reasons to exist which
make the approval of a zone change necessary to carry out the provisions
and general purpose of Title 21:
1. The RD-M zone district by its restrictions, guarantees
conformance.to the General Plan commitment for the property.
2. The subject site is considered adequate in size and
location for most of the permitted uses in the RD-M Zone.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the
City of Carlsbad, that it does hereby recommend approval to the City Council
of the adoption of an amendment to Title 21 for a zone change from R-2 and
R-3 to RD-M.
XX
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1 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
2 Commission held on the 24th day^of July, 1973, by the following vote,
3 to wit;
4 AYES: Commissioners Jose, Forman, Casler, Wrench, Palmateer & Little.
5 NOES: None
6 ABSTAIN: Commissioner Dominguez
7 | ABSENT: None
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E. W. DOMINGUEZ,
12 Chairman
13 I ATTEST:
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DONALD A. AGATEP,
16 j Secretary
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RESOLUTION NO. 3181
CT
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, ANNOUNCING
FINDINGS AND DECISION REGARDING CHANGE
OF ZONE FROM R-3 AND R-2 TO RD-M ON
PROPERTY GENERALLY LOCATED EASTERLY OF AND
ADJACENT TO CARLSBAD BOULEVARD BETWEEN
TAMARACK AVENUE AND SEQUOIA AVENUE, TO BE
KNOWN AS
WHEREAS, on July 24, 1973, a duly advertised public
hearing was held before the Planning Commission in the manner
prescribed by law to consider a change in zone from R-3 and R-2
to RD-M on property generally located easterly of and adjacent
to Carlsbad Boulevard between Tamarack Avenue and Sequoia
Avenue, by applicant F. 0. Bear, and property further
described as:
All those portions of Lots 1 through 6
inclusive, Lot 19 and 20, Block H, Lot
1 and Lot 2, Block 1, Palisades, according
to Map thereof No. 1747 on file in the
Office of the County Recorder, City of
Carlsbad, County of San Diego, State of
California.
WHEREAS, at the conclusion of said hearing, the Planning
Commission of the City of Carlsbad, adopted Resolution No. 932
recommending said zone change which is herewith referred to
and made a part hereof; and
WHEREAS, on August "/th , 1973, the City
Council held a public hearing on the matter, received all
recommendations and heard all persons interested in or opposed
to the proposed change of zone; and
WHEREAS, said application has complied with the require-
ments of the "City of Carlsbad Environmental Protection
Ordinance of 1972", and an Environmental Impact Report was
filed and discussed at a duly noticed public hearing held by
the Planning Commission and City Council and was approved as
presented;
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NOW, THEREFORE, 8E IT RESOLVED by the City Council of
the City of Carlsbad as follows:
1. That the above recitations are true and correct.
2. That the findings of the Planning Commission
contained in the aforementioned Resolution No. 932 constitute
the findings of the Carlsbad City Council.
3. That the approval of the proposed change of zone
classification is necessary to carry out the general purpose
of Title 21 of the Municipal Code.
4. That the City Council of the City of Carlsbad
intends to adopt an ordinance to effectuate the proposed
change of zone.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
City Council on the -ffth day of August , 1973, by the
following vote, to wit:
AYES: Councilmen Dunne, McComas, Lewis and Chase.
NOES: None.
ABSENT: None
ABSTAIN: Councilman Frazee.
DAVID M. DUNNE, Mayor
ATTEST:
MARGARET"E. ADAMS, City Clerk
(seal)
2.