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HomeMy WebLinkAbout1975-03-18; City Council; 3313; Request for Approval of a Zone Change (ZC-151) from C-1 to C-2 The Captain's Anchorage Inc7/Va Bill No. 33X^ •> - • /-'-£J Date: MaT.nh 1fl. 1Q7/ ' Referred to: Subject: Request for approval of a Zone Change (ZC-151) from Submitted by: C-l to C-2 . Planning Comws Applicant: The Captain's Anchorage, Inc. , , Statement of the Matter: The Planning Commission is recommending approval of Zone Change 151 on property located on the northeast corner of Carlsbad Boulevard and Tamarack Avenue. The applicant was granted Coastal Commission approval for a restaurant with provision for on-sale liquor. The applicant has also met all ordinances and policies including Public Facilities of the City of Carlsbad. The Land Use Element of the General Plan shows the subject property as Travel Service and Traffic Dependent Commercial and the proposed zone would be consistent with this designation. "•..'. Exhibit: Staff report dated February 25, 1975 Planning Commission Resolution No. 1139 Plat Map, Exhibit A, dated 1/20/75 Staff Recommendations to City Manager: . Staff recommends that ZC-151 be approved for the reasons outlined in Planning Commission Resolution No. 1139. If the City Council concurs with the Planning Commission recommendation, the Council should direct the City Attorney to prepare the necessary documents as stated. AS No.Date: March 18, 1975 City Manager's Recommendation Concur Council'Action •3-18-75 The City Attorney was instructed to prepare the documents necessary for approval of the Zone Change. -2- CITY OF CARLSBAD PLANNING DEPARTMENT STAFF REPORT February 25, 1.975 TO: PLANNING COMMISSION FROM: " PLANNING DEPARTMENT REPORT ON: ZONE CHANGE 151 APPLICATION: The Captain's Anchorage Inc. for Frank & Mabury Novak 24521 Del Prado Dana Point, CA 92629 I. REQUEST: The applicant is requesting approval of a Zone Change from C-l to C-2 on property located on the northeast corner of Carlsbad Boulevard and Tamarack Avenue II. RECOMMENDATION: Staff recommends approval of ZC-151 based on the foil.owing justification: . 1.) The proposed zone conforms to the Land Use Element of the General Plan. 2) The proposed Zone Change would not change the demand for publi.c services to serve the subject property. III. BACKGROUND . A. Location: 3878 Carlsbad Blvd., Carlsbad, California. B. Legal Description: Lot 3, 4, 5, Block G, Map 1747 Palisades, Block G, Carlsbad, CA. C. Site Description: The site is presently occupied by Novak's Hamburger stand, two small residential structures, and a surf shop. D. Zoning: Subject Property: Existing: C-l Proposed: C-2 North: R-3 South: R-DM East: R-3 West: L-C E. Surrounding Land Use: The project is bordered by apart- ments on the north and east, single family homes to the south, and the state beach to the west.- F. General Plan Recommendation: The Land Use Element of the General Plan shows the subject property as Travel Service and Traffic Dependent Commercial. The pro- posed zone would be consistent with this designation. G. Environmental Impact Requirements: The project was declared to have a non-significant environmental impact because the zone change will not substantially change allowable uses for the site. H. Pub!ic Facili ties Pol icy: The site is presently served by the City of Carlsbad water and sewer facilities. Services are adequate to serve present and future anticipated uses. IV. MAJOR PLANNING CONSIDERATION: The proposed zone expands on the uses permitted in the C-l zone. Included in these expanded uses are unspecified retail and service businesses, and on-sale liquor, all of which are consistent with the General Plan designation for tourist or traffic related uses. Staff believes that the proposed zone is consistent with the goal of maximizing public access to the coastal area. V. Incidental Information: The applicant's stated intention in changing the zone on this property is that a restaurant with on-sale liquor be developed. The applicant's have already been granted- Coastal Commission approval-for the project, but need approval of a Zone Change and parcel map from the City before building permits can be issued. A liquor license application is also pending. ATTACHMENTS: Exhibit A, ZC-151, dated 1-20-75 1 2 3 4 5 8 9 Carlsbad, CA. 10 11 12 13 14 18 20 22 24 25 26 27 28 29 30 1) The proposed zone conforms to the Land Use Element of the General Plan.32 PLANNING COMMISSION RESOLUTION NO. 1139 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY QF CARLSBAD, CALIFORNIA, CONCERNING APPROVAL OF A ZONE CHANGE FROM C-1 to C-2 ON PROPERTY LOCATED ON THE NORTHEAST CORNER OF CARLSBAD BOULEVARD AND TAMARACK AVENUE. CASE NO. ZC-151 APPLICANT: THE CAPTAIN'S ANCHORAGE, INC. (Frank & Mabury Novak) 6 wit: WHEREAS, a verified application for a certain property, to Lot 3, 4, 5, Block G, Map 1747, Palisades, Block G has been filed with the City of Carlsbad and referred to the Planning Commission; and WHEREAS,' said verified application constitutes a request as provided by Title 21 of the "Carlsbad Municipal Code"; and WHEREAS, the public hearing was held at the time and in the place specified in said notice on February.25, 1975; and WHEREAS, the applicant has complied with the Public Facility Policy of the City of Carlsbad and has provided the necessary information which insures Public Facilities will be available and current with need; and WHEREAS, the subject application has complied with the requirements of the City of Carlsbad "Environmental Protection Ordinance of 1972". The project was declared to have-a non- significant environmental impact because the zone change will not substantially change allowable uses for the site; 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 considered all factors relating to the Zone Change and found the following facts and reasons to exist: , ' ^ r "V 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 2) The proposed Zone Change would not change the demand for public services to serve the subject property. 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 approved to change the zone from C-l to C-2 on property located on the northeast corner of Carlsbad Boulevard and Tamarack Avenue. PASSED, APPROVED AND ADOPTED at a regular meeting of the City of Carlsbad Planning Commission held on February 25, 1975 by the following vote, to wit: AYES: Commissioners Fikes, Jose, L'Heureux and Wrench NOES: none ABSENT: Commissioner Dominguez ABSTAIN: Commissioner Watson Gary Wrench, Chairman ATTEST: Donald A. Agatep, Secretary -2-