The URL can be used to link to this page

Home My WebLink About1975-03-04; City Council; 3309; Appeal of Planning Commission Decision on Request for Zone Change ZC-157 O H McClellandAgenda Bin No. A * * gf • " •:..•.**•*»«'•» ........ Date: March 4, 1975 '" ^ /- Subject: Appeal of Planning Commission Decision on Request Submitted by: for Zone Change (ZC-157) Planning Department Appellant: 0. H. McClelland , Statement of the Matter: The appellant (0. H. McClelland) is appealing the Planning Commission denial of the zone change request. • 'The request is for a zone change from C-2 to R-P on a .70 acre piece of property located on the east side of Carlsbad Boulevard between Cedar and Beech. • The General Plan Land Use Element designates the subject property as part of the Central Business District. This designation defers judgment on appropriate land uses for the Central Business District to future Specific Planning programs on the Inner-City and does not necessarily rule out a mix between residential and commercial uses. In the absence of a definitive designation, the Land Use Element provides that the Planning Commission and City Council must rule whether the proposed zone would be compatible with the development of the surrounding area in a manner contemplated by the General Plan. The Planning Commission recommended denial of the Zone Change for three reasons: '(1) the property is within the downtown special study (2) the rezoning of this property would leave islands of commercial zoning (3) denial without prejudice allows the applicant to resubmit at a later date when the City can give firmer direction on the future land use in the area. ExfriMtr Staff report to Planning Commission dated February 11, 1975 Planning Commission Resolution No. 1134 Plat Map, Exhibit A, 1/10/75 Staff Recommendations to City Manager: . If the City Council is satisfied with the reasons for Planning.Commission denial of ZC-157 outlined by Planning Commission Resolution No. 1134 are satisfactory, the appeal should be denied and the City Attorney directed to prepare the necessary documents. If the Council finds the appeal of ZC-157 is valid and should be approved, the Council should indicate its intent to grant the appeal and return the matter to the Planning Commission for report. r\ A3 tfo.Date: March 4, 1975 City Manager's Recommendation Concur. Council Action 3-4-75 The City Attorney was instructed to prepare documents necessary for denying the appeal without prejudice and sustaining the Planning Commission's decision. -2- J*-"- .w CITY OF CARLSBAD PLANNING DEPARTMENT STAFF REPORT February 11, 1975 TO: FROM: REPORT ON; APPLICANT; PLANNING COMMISSION PLANNING DEPARTMENT ZC-157 O.H. McClelland 815 Berkeley Way Vista, CA 92083 I. REQUEST: The applicant is requesting approval of a zone change from C-2 to R-P on a .70 acre piece of property located on the east side of Carlsbad Blvd., between Cedar and Beech. •II. RECOMMENDATION: Staff .recommends that this request be denied without prejudice for the following 'reasons: 1) The property is within the downtown special study area, which has just recently been initiated. At this time, therefore, the City has had no opportunity to determine future land use for the subject property. Furthermore, the area along Carlsbad Boulevard north of Elm is in an area of transition and not characterized by any particular land use group. This makes it difficult to determine at this time what the future land use patterns should be. 2) The rezoning of this property would leave islands of commercial zoning at either end of the block. The proper method of rezoning this central property would be to rezone the entire block frontage or at least the subject property and the property to the north. 3) Denial without prejudice allows the applicant to resub- mi't at a later date when the City can give firmer-di rection on the future land use in this area. III. BACKGROUND: A. B. Location: East side of Carlsbad Blvd. between Cedar and Beech. Legal Description: All that portion of Block 5 of Carlsbad in the City of Carlsbad, County of San Diego, According to amended Map No. 775 filed in the office of the San Diego County Recorder on February 15, 18.94. c:Site Description: The portion Cedar Avenue is occupied by an with several attractive mature site fronting on Carlsbad Blvd level. of the site fronting on older single family residence trees. The portion of the . 1s vacant and generally D. Project Description;. The project at this time entails solely the rezoning of the subject property. It is possible that the future Downtown Specific Plan may / levy additional site plan requirements. E. Zoning; Subject Property: C-2 (existing) North: C-2 South: C-2 East: R-3 and C-2 West: C-2 F. Surrounding Land Use: The property is bounded by two low intensity commercial uses to the south (a studio and Real Estate Office), scattered residential uses to the North and East, and a church to the west. 6. General Plan Recommendation: The General Plan Land Use Element designates the subject property as part of the Central Business District. This designation defers judge- ment on appropriate land uses for the Central Business District.to future Specific Planning programs on the Inner-City and does not necessarily rule out a mix between residential and commercial uses. In the absence of a definitive designation, the Land Use Element provides that the Planning Commission and City Council must rule whether the proposed zone would be compatible with the .development of the surrounding area in a manner contemplated by the General Plan. H. Environmental Impact Requirements; The project has been declared to have a non-significant effect on the environ- ment for the reason that the property is in a developed area of the City and has no outstanding natural characteris- tics. I. Public Faci1i ties Pol icy: As of the date this report is being written, no letter has been received from the Carlsbad Unified School District assuring that Public Facilities will be available to serve the project. Residential use could conceivably create a larger demand on utilities such as water and sewer, than a commercial use. The City's Engineering Department has indicated that adequate water and sewer facilities are available to meet the increased demand of a residential use on the subject property. IV. MAJOR PLANNING CONSIDERATION: The major considerations with this project are: 1) Is residential use appropriate for this site which fronts on a major beach thouroughfare? -2- %(••' 2) Is a Zone Change for this property premature, since neither a General Plan consistency report or Downtown , Specific Plan have been completed? 3) Would a Zone Change to R-P more adequately reflect the need to balance commercial uses with residential ones in the Central Business District? V. DISCUSSION OF SPECIFIC ITEMS A. Pub!ic Improvements: The City does not presently have authority for requiring public improvements as a part of a zone change. The subject property is in need of street improvements (i.e., curb, sidewalk, gutter, drainage) but until a public improvements ordinance is adopted by the City, these improvements cannot be required. B. General Plan Conformity: The Planning Commission is charged with determining whether or not the proposed Zone Change is consistent with the General Plan. In making this determination several factors must be considered: 1) The Central Business District designation does not specifically exempt residential uses, but it defers committment to any specific land uses until a consistency report and Downtown Specific Plan are prepared. 2) The site has excellent exposure to Carlsbad Blvd. and could be oriented to tourist trade (i.e., artisans, small shops, restaraunts, etc.). 3) The City has a considerable amount of property zoned for commercial use that is either vacant or used as residential. The rezoning to R-P could preclude premature or haphazard commercial development. SDH-BP/vb 2-7-75 Attachments: Plot Plan, Exhibit A, 1-10-75 Vicinity Map CITY OF CARLSBAD PLANNING DEPT APPLICANT O.H. Me CLELLAND CASE NO ZC-157 ( C-2 TO R-P) DATE FEB 11.1975 '? }"\\li !/ S ~9 , 3 , rt*trP f A*/ $ ~& c ~o Crrr \ Orn O /OJ A OvRLSBAD 1 PLANNING COMMISSION RESOLUTION NO. 1134 2 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, CONCERNING THE DENIAL 3 WITHOUT PREJUDICE OF THE REQUEST FOR A ZONE CHANGE FROM C-2 TO R-P ON A .70 ACRE PIECE OF PROPERTY 4 LOCATED ON THE EAST SIDE OF CARLSBAD BOULEVARD BETWEEN CEDAR AND BEECH. CASE NO. ZC-157, APPLICANT:5 o. H. MCCLELLAND e ' ; 7 WHEREAS, a verified application for a certain property, to wit: 8 All that portion of Block 5 of Carlsbad in the City of Carlsbad, County of San Diego, according to amended Map No. 775 filed in 9 the office of the San Diego County Recorder on February 15, 1894, 10 11 has been filed with the City of Carlsbad and referred to the Planning Commission 12 and 13 WHEREAS, said verified application constitutes a request as provided by 14 Title 21 of the "Carlsbad Municipal Code"; and 15 WHEREAS, the public hearing was held at the time and in the place specified 16 in said notice on February 11, 1975; and 17 WHEREAS, the applicant has complied with the Public Facility Policy of the 18 City of Carlsbad and has provided the necessary information which insures Public 19 Facilities will be available and current with need; and 20 WHEREAS, the subject application has complied with the requirements of the 21 City of Carlsbad "Environmental Protection Ordinance of 1972". The project has 22 been declared to have a non-significant effect on the environment for the reason 23 that the property is in a developed area of the City and has no outstanding 24 natural characteristics. 25 WHEREAS, at said public hearing, upon hearing and considering the testimony 26 and arguments, if any, of all persons who desired to be heard, said Commission 27 considered all factors relating to the Conditional Use Permit and found the 28 following facts and reasons to exist: 29 i. The property is within the downtown special study area, which has just recently been initiated. At this time, therefore, the City has had no 30 opportunity to determine future land use for the subject property. Furthermore, the area along Carlsbad Boulevard north of Elm is in an 31 area of transition and not characterized by any particular land use group. This makes it difficult to determine at this time what the 32 future land use patterns should be. 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 The rezoning of this property would leave islands of commercial zoning at either end of the block. The proper method of rezoning this centra property would be to rezone the entire block frontage or at least the subject property and the property to the north. Denial without prejudice allows the applicant to resubmit at a later date when the City can give firmer direction on the future land use in this area. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) That the above recitations are true and correct. B) That a Zone Change is denied without prejudice on the request for a Zone Change from C-2 to R-P on a .70 acre piece of property located on the east side of Carlsbad Boulevard between Cedar and Beech. PASSED, APPROVED AND ADOPTED at a regular meeting of the City of Carlsbad Planning Commission held on February 11, 1975 by the following vote, to wit: AYES: Commissioners Casler, Dominguez, Jose, L'Heureux, Wrench NOES: Commissioners Watson, Fikes ABSENT: None ABSTAIN: None Gary Wrench, Chairman ATTEST: Donald A. Agatep, Secretary -2-