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HomeMy WebLinkAbout1974-02-19; City Council; 3007; Appeal for a zone change (Gilfillan)f. THE^JJY OF CARLSPAD, CALIFOP-'-NV ') 9 f ^^J^S^^f^W ' '"""*' !**^ 'Agenda Bill .x'o. '• ^Wf . . Date February 19, 1974 . Referred .To: CIT.Y'COUNCIL. / • .'' .. /» • • Subject: APPEAL: Consideration of .an Appeal of Denial Submitted By: by Planning Commission OJT- request for'a Change of Zone • from R-l-7500 to RD-M on property generally located at the • northwest corner-of the intersection of Locust Street and . J\dams Street, approx. 2.9 acres. APPLICANT: J: C. EILFILLAN ' ' r. '' * ~~'CASE NO: ZC-139 " ~r~~~ U'^73r~4~Statement: of the Matter - >/ On-January 22; 1974 the Planning Commission did consider the reque'sted change of zone, and by Resolution No. 1034, did DENY the request based upon: '\ . 1, Non'-Compatibilityof the requested zone to the uses of the surrounding land uses. '< ' ...••. ••-... ^ ' . • . . 2. Change of-zone-would result.in further traffic circulatton-problems in the ". area. • v* ' . . . : -..'-. * • • '. ... • . . ' Th& Applicant .has appealed this decision .to -your body.- Prior to the consideration of th.is matter .by the Pl-an-ning Commission-, "the'apD'l.icaht had comp>ied with the City Council Policy No. 17 reqa-rding Public Facilities. • :. - •". • ' The subject property consists of Lots 3, B-TO, Block A resubdivision of -Tracts 239'and 243, Thum Lands. • -. ' .• ••; • Exhibit 1.Certification of Ownership 2. PI anning-i Department Staff Report' ' • ~ ' •• 3.Applicant's Exhibit (Map) " •'.'.- 4.-;Plannihg Commission Resolution 1034 Denying Zone Change . 5. City Council Resolution No. " /- " ' ff- - . - ^ • . .Staff Recomnriencfat ions to the City Manager: That it be recommended that the £ity 'Council uphold the Planning Commission decision and DENY the requested Appeal. Justification is based upon the Planning Commission' determination.'that Harrison Street be the division between-medium density residential and low 'density residential. The majority of the Planning Commissioners seemed to feel that this would better protect the existing single-fam'ily development to the east, and not burden the circulation in the area. • Citij Manager ' s Recommenda tion T.P i-ho r-n-17 rhuncil supports the PlanningIf the City counc^x t>uFF , _t for a Zone change ana aem.' in denying the ^^^J^l^ll be referred to the CityappUcant'sappea^th^matter should resoiution. If the Cit^ouncU ovSrid^s ?he Planning Commission action and uph the appeal the matter should be referred back, 'commission for report. _ Co v nci 1 'Action 2;19.74 The Appea! by Justus S,lf,Ul.J »as V-ted and ihe .tUr r.tu.n*d to the 3-,-H rSfriSt^ by the Planning Commission APPLICATION Forhe,<,*f)GE OF zori1 OWNER AND/OR OWNER'S AUTHORIZED AGENT AFFIDAVIT STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) SS CITY OF CARLSBAD ) JUSTUS C. GILFILLAN, As Agent I, (He) and Attorney-in-Fact for Owners being duly sworn depose and (Name) ' declare to the best of my knowledge that the foregoing is (my, our) true and correct under the penalty of purjury: EXECUTED AT Carlsbad, California (City)(State) DATE October 31. 1973 (Month)(Day)(Year) APPLICANT, OWNER AND/OR OWNER'S AUTHORIZED AGENT: JUSTUS C. GILFILLAN, As Agent and Attorney-in-Fact for the Owners (Print Na<me) 2081 Business Center Drive • - .(Mailing Address) Irvine, California 92664 (City and State) (Zip) (714) (Area Code) (Telephone Number.) SUBSCRIBED AND SWORN TO BEFORE ME THIS £~ V /($(=,,. c^Tm i TH (Notary Public) DAY OF SEAL Virginia M. Smith % ^i:i.lj- ;'•'.' """"' '"sue - CMKOLIIU ' •'•'.i>y' 'mmm OFFICE in•'=" SAN DIEGO COUNTY | MY COMMISSION EXPIRES MAY 9. 1977 -4- February 21, 1974 TO: PLANNING COMMISSION FROM: PLANNING DEPARTMENT SUBJECT: ZONE CHANGE -139 - JUSTUS C. GILFILLAN The City Council, by a vote'of 401, granted an Appeal of the subject application based on conformance to the General Plan land use recommendations that traffic circulation would not be a substantial problem. Only the zone change was appealed, and therefore, does not reflect any consideration of street vacation or tentative map. In assessing conformance of the proposed zone with proposed general plan land uses, the City Council is of the opinion that the General Plan densities and the proposed zoning (RD-M) are appropriate. It was also felt by the Council that the density proposed by the applicant would provide a proper buffer between freeway and single-family units easterly of Adams. In the presentation to the City Council, the applicant indicated he would ' dedicate and improve the necessary right-of-way on Chinquapin, Harrison Street and Adams Street. Therefore, the City Council determined that the circulation would not be a significant problem. I would recommend that the Planning Commission, prior to reporting back to the City Council, consider the following issues: 1.- If the proposed street vacation is not approved, substantial design change must be accomplished to allow satisfactory ingress and egress to subject project, and a reduction in the proposed density would occur in order to provide for the necessary ingress and egress. 2. That the Planning Commission request the Council, in its report, to consider the following issues: a. That second reading of the proposed rezoning ordinance be held until the proposed street vacation issue is resolved. b. That second reading of the proposed rezoning ordinance be held until the dedications and improvements indicated by the applicant to the Council are offered to the City. This would allow partial mitigation of the potential circulation question regardless of the type of residential development built. CITY OF CARLSBAD PLANNING DEPARTMENT STAFF REPORT March 12, 1974 TO: PLANNING COMMISSION REPORT ON: STUDY AND REPORT FOR CITY COUNCIL CASE NO: ZC-139 APPLICANT: J. C. Gilfillan 2081 Business Center Drive Irvine, Ca. 92664 I. REQUEST; On February 19, 1974, the City Council by a 5-0 vote did indicate that they were inclined to grant the appeal of the Planning Commission denial of a Change of Zone request from R-l-75 (Single Family - 7500 sq. ft. lots minimum) to RD-M (Residential Density - Multiple). The matter has been referred back to your body for a study and report. II. STAFF RECOMMENDATIONS: That it be moved by minute motion that the Planning Commission recommend to the City Council that, as a part of their approval of the subject change of zone, they consider doing the following: 1. Requiring the developer to provide, prior to the second reading of the rezoning Ordinance, an offer of dedication and improvement of Adams, Harrison, and Chinquapin be granted to the City of Carlsbad. 2. That the second reading of the rezoning Ordinance not occur until the proposed street vacation (Locust Street) is resolved. III. DISCUSSION OF KEY ISSUES The Council in their consideration of this request did not seem as concerned, as the Planning Commission, with traffic circulation and incompatibility of the proposed use to the existing development in the area. As a part of your consideration on January 22, 1974 of this request, the Planning Commission did indicate by Resolution No. 1034 that these concerns were of sufficient importance to deny the request. A subsequent action by the Planning Commission was to table the proposed tentative map No. CT 73-54. Staff would recommend that no action be taken on the tentative map until the issue of the abandonment of Locus-^r St. is resolved. IV. ATTACHMENTS 1. Staff Report dated January 22, 1974 2. Planning Commission Resolution No. 1034 CITY OF CARLSBAD PLANNING DEPARTMENT • STAFF REPORT January 22, 1974 TO: PLANNING COMMISSION • ' ' ' ' ' REPORT ON: CONSIDERATION OF ZONE CHANGE CONSIDERATION OF TENTATIVE MAP CASE NOS.: ZC-139 CT73-54 APPLICANT: J. C. Gilfillan 2081 Business Center Dr. Irvine, Ca. 92664 At the request of the applicant, these matters were contin- ued from the Planning Commission meeting of January 8, 1974. The issue that initiated the continuance was the potential opposition of adjacent property owners to the proposed abandonment of Locust Street. !• REQUEST: That the Planning Commission recommend to the City Council approval of a change of zone.from R-l-75 (Single Family 7500 sq. fti lots minimum) to RD-M (Residential Den- sity-Multiple) and approval of a Tentative Map for'a 49-unit condominium development. IT. STAFF RECOMMENDATIONS; A. RE: OPEN SPACE PERMIT: The development as proposed does conform to all the requirements of the Open Space Zoning Ordinance. Therefore, it is recommended that the Plan- ning Commission issue a Resource Management Permit for the subject property. B. RE: CHANGE OF ZONE ZC-139: That it be moved that the Planning Commission recommend to the City Council that ZC-139 BE APPROVED. Justification is based upon: 1. Given sensitive treatment as enforced through the Tentative Map application, the proposed RD-M zone could provide a transitional buffer between free- way and single-family residences. .2. The area east of Adams between Tamarack and Har- rison appears to be in transition to multifamily use. 3. . . The proposed zone change will not significantly downgrade adjacent land uses. 4'. Conformance of the request to the adopted General Plan. RE: TENTATIVE MAP NO. 73-54: In order to comply to all the requirements of the RD-M zone, the proposed abandon- ment of Locust Street must occur. Since there seems to opposition to this .abandonment, Staff is recom- that the Tentative Map BE TABLED until the out- the abandonment proceedings is known for the fol- be some mendi ng come of lowing 1 reasons: The consideration of any abandonment should be made on its own merits. The approval of a Tenta Map before the fact contingent upon an abandon-'- ment may be construed to prejudice the matter. If the abandonment does not occur, substantial changes of the Tentative Map would have to oc- cur to comply to the required setbacks from Locust Street and improvement and widening of Locust Street. III. BACKGROUND: A. Description: B. Location: C. Size: D. Total Units: E. Density: F. Type of Unit: Lots 3, 6, 7, 8, 9 and 10, Block "A" resubdivision of portions of Tracts" 238 and 243 of .Thum Lands, Map No. 2103, City of Carlsbad. North of and adjacent to Locust Street between Adams Street and Harrison Street with a portion extending nor- therly to Chinquapin Avenue. 2.9 acres. 49 DU's. . 20 DU1s per acre. 38 two-story, 11 one-story units. G. Proposed Population: 152 persons. H. EIR Finding:The Planning Department has determined that the proposed development will not have a significant impact on the envi- ronment. I. Existing Zoning: R-l-7500. -2- 0. Adjacent Zoning: WEST - R-3 (Specific Plan) NORTH - R-1-75 and R-3 EAST - R-1-75 • SOUTH - R-1-75. K. General Plan: The General Plan indicates a major- ity.of the property to be potential medium density residential with 21- 47 families per net acre. The land use commitment adjacent to Adams Street is not clear. The logical approach is to utilize the street right-of-way as the.boundary line which was done for the commercial development at Tamarack Avenue and Adams Street. Using this approach, the total property would be within the medium density designation. L. Resource Management District: None. M. Parks Ordinance Compliance: In-lieu fees. N. Parking Compliance: Two covered spaces and additional guest spaces as proposed would ex- ceed Ordinance requirements. IV. DISCUSSION OF SPECIFIC ITEMS: A. CONSIDERATION OF THE CHANGE OF ZONE: The applicant jusr tifies the request for a change of zone for the following reasons: 1. -The area west of Adams is in transition to multi- family use, adjacent properties to the north and west being .existing or approved multifamily pro- jects. 2. Proximity of the project to the 1-5 freeway pro- vides a good buffer transition between the free- way and'sing!e-family residences on the east side of Adams. 3. The shopping center on Tamarack is one block north of the proposed development, making it a desirable location for multifamily use. In evaluating the request for a change of zone, Staff considers a critical issue to be the effect of the housing on the single-family neighborhood on the east side of Adams. The property in its present, form is occupied by a few scattered-single-family homes and an avocado grove. This present use has provided a natural buffer for the adjacent neighborhood from the freeway. The avocados are apparently approaching the end of their productivity and are no -3- longer economically viable in an area faced with increasing develop- ment pressures. In considering the change of zone, therefore, it is important to consider whether the residential quality' of the adja- cent property would be significantly degraded. B. CONSIDERATION OF THE TENTATIVE MAP CT73-54: The applicant proposes 49 condominium units for the s.ite, 38 of which would be two-story .and 11 of which would be one-story. Forty-nine (49) attached two-car garages and seven (7) visitor spaces will be provided. The units are proposed to be clustered in groups of four'or five units with the exception of nine units extending to Chinquapin. The developer proposes a series of paths and green belt's" between the clusters of units. A recreation facility is to be lo- cated central to the small clusters. The peculiar shape of the site is a result of the inability of the applicant to acquire the remain- ing lots along Chinquapin. There are two homes on either side of the central extension of the proposed development to Chinquapin. The applicant proposes to minimize the adverse effects of these resi- dences and the residences on the east side of Adams by: 1. Providing no driveways on to Chinquapin. 2. Directing the bulk of project-generated traffic to Harrison Street. 3. Converting Locust Street (presently 40') to a private 24' alley. 4. Providing a 20' landscape buffer along Adams Street. 5. "-Landscaping the entire perimeter of the site exr cept for Locust Street which would have garages fronting on the proposed alley. After reviewing the proposed Tentative Map, Staff is of the opinion that the following revisions should occur: 1. The proposed dedication and improvement of Adams Street is on the basis of a total of 24' addi- tional right-of-way. 2. That the total right-of-way on Locust Street be abandoned and that the proposed 24' wide driveway be developed completely on the subject property. The resulting private roadway shall be divided in the approximate center of the property by extend- ing the proposed open space to the southerly boun- dary of the property. Approximately four guest parking spaces should also be provided in this area. -4- The applicant has revised the Tentative Map to reflect these changes except for the'complete abandonment of Locust Street. The development proposed for this property will substantially change the character of the area as it presently exists. However,, the proposed change in terms of intensity is less than envisioned by the General Plan and will be compatible to the proposed develop- ment along Harrison Street and, through adequate design techniques, will have little impact upon the existing single-family development located easterly of Adams Street. In addition, the widening of Adams Street, if it is continued to the north to Tamarack Avenue and to the south, will improve the traffic circulation of the area. V. ATTACHMENTS: 1. Letter from Director of Public Health, City of Carlsbad, November 28, 1973. • 2. Letter from Carlsbad Unified School District, January 8, 1974. 3. Letter from Feist,' Vetter, Knauf and Loy, Ocean- side, California, January 8, 1974. 4. San Diego County Assessor's Map 206-12. ** 0 "*. PLANNING COMMISSION RESOLUTION NO. 1034 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 29 30 31' 32 A RESOLUTION OF THE PLANNING COMMISSION DENYING A REQUEST FOR A CHANGE OF ZONE FROM R-l-7500 to RD-M (RESIDENTIAL DENSITY MULTIPLE) ON PROPERTY LOCATED NORTH OF AMD ADJACENT TO LOCUST STREET, BETWEEN ADAMS STREET AND HARRISON STREET, WITH A PORTION EXTENDING NORTHERLY TO CHINQUAPIN AVENUE. APPLICANT: J. C. GILFILLAN WHEREAS, the Planning Commission did on the 8th day of January, 1974, hold a duly noticed public hearing to consider a request for a change of zone from R-l-7500 (Single Family) to RD-M (Residential Density-Multiple) submitted by J. C. GILFILLAN, on property generally located north of and adjacent to Locust Street between Adams Street and Harrison Street, with a portion extending northerly to Chinquapin Avenue, and further described as, Lots 3,6,7,8,9, and 10, Block "A" resubdivision of portions of Tracts 238 and 243 of Thura Lands, Map No. 2103, City of Carlsbad, and; WHEREAS, the Planning Commission did continue the public hearing of January 8, 1974 to the next regular meeting of January 22, 1974, and; WHEREAS, at said Public Hearing of January 22, 1974, 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 DENIAL of a change of zone necessary to carry out the provisions and general purpose of Title 21: 1. Zone Change would not be compatible to uses of surrounding land. 2. Zone Change would create further traffic circulation problems. WHEREAS, said application has complied with the requirements of the "City of Carlsbad Environmental Protection Ordinance of 1972" and has been declared to have a non-significant impact on the environment, and; NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Carlsbad, that it does hereby DENY an amendment to Title 21 for a change of zone on said property, from R-l-7500 to RD-M. XX ' • . XX l 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 29 30 31 32 PASSED, APPROVED AMD ADOPTED, at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 22nd day of January, 1974, by the following vote, to vn't: AYES: Commissioners Dominguez, Casler, Wrench & Little NOES: Commissioner Forman ABSENT: Commissioners Jose and Palmateer E. W. DOMINGUEZ, Chairman ATTEST: DONALD A. AGATEP, Secretary ,.**• V. March 14, 1974 TO: CITY MANAGER FROM: SECRETARY, PLANNING COMMISSION SUBJECT: AGENDA BILL 3007 - PLANNING COMMISSION REPORT ON CITY COUNCIL APPROVAL OF AN APPEAL - J. C. GILFILLAN On February 19, 1974 the City Council granted an appeal of the Planning Commission decision to deny a change of zone request by J. C. Gilfillan, from R-l-7500 (single-family) to RD-M (residential-density-multiple). The Planning Commission, at their regular meeting of March 12, 1974 was presented with a report of the City Council action, and is now submitting its report on the appeal to the City Council for consideration. At the Planning Commission meeting of February 26, 1974, the Planning Director presented the Commission with a report on the City Council action in granting the appeal. The director indicated that the Council's decision was based on the applicants' representation that circulation problems would be mitigated by constructing necessary improvements on Adams, Harrison and Chinquapin, and that Council was of the opinion that the existing General Plan provided for multiple dwelling units, and the requested zoning was consistent with the General Plan recommendation. The Planning Commission requested staff to report fully on the proposed development in light of the request by the applicant to vacate Locust Street, at'-their regularly scheduled meeting of March 12, 1974. On March 12th the Planning Commission reaffirmed their original decision on the subject zone change by reiterating incompatibility of land use and the inadequacy of circulation in the total area south of Chinquapin and along the north shore of the Agua Hedionda Lagoon. It was the Planning Commission's feeling that the incompatibility of the proposed zoning to that which exists (R-l-7500) was de- rived by comparing the density in the existing General Plan along Adams Street (3-7 d.u./acre) to the density west of the lots fronting Adams (22-47 d.u./acre). It is the Commission's position that the transition of land use from the freeway easterly to Adams should reflect densities which would not dfstract from the existing single-family developments that front Adams. Therefore, although the westerly portion of the subject project may have had higher densities, the eastern portions of the project fronting Adams should have been maintained at 3-7 dwellings per acre. General Plan designations for land use and densities are long-range (15-20 years) and would only apply at such time as the project land use would be necessary for the implementation of the General Plan. The Planning Commission feels that the requested zoning (RD-M) is not appropriate at this time because there is not sufficient reason for additional multiple-family property in Carlsbad. City Manager J.C.Gilfillan Page 2. Therefore, it is the opinion of the Commission that the existing density (3-7 d.u./acre) and existing land use (low-density residential) is still valid. The Planning Commission also directed its circulation comments to the entire area south of Chinquapin, along Adams and the north shore of the Agua Hedionda Lagoon, and the fact that the mitigation represented by the applicant was not addressed to the entire area, but only to the localized area around his project. It has been brought to the Commission's attention that several property owners in the area were not notified of the date of the appeal hearing before the City Council, however, after a review of staff files, there is an affidavit of the notice in the newspaper, which legally meets notification procedure. The Planning Commission is also requesting that at such time as this matter is brought back on the Council agenda that the Chairman of the Planning Commission be permitted to address the Council on the subject application. In the event the Council approves the subject zone change request, the Planning Commission would request consideration of the following conditions: 1. Require the developer to provide, prior to the second reading of the rezoning Ordinance, an offer of dedication and improvement on Adams Street, Harrison Street and Chinquapin Avenue, to the City of Carlsbad. 2. That the second reading of the rezoning Ordinance not occur until the issue of the proposed street vacation (Locust Street) is resolved. STAFF RECOMMENDATION: The preceeding report constitutes the Planning Commission's reply to the City Council on the subject Appeal, and it is further recommended that final decision on the zone change request be held until a formal agenda item can be placed for hearing on April 2, 1974. DONALD A. AGATEP, Secretary of the Planning Commission