HomeMy WebLinkAbout1975-08-19; City Council; 3443; City Initiated Request for Rezoning Property Rinker ZC-159 from R-1-10 to C-2-Q and R-P-Q- ji3CITY OF CARLSBAD '
AGENDA BILL NO. YT - _ Initial:
Dept.Hd.
DATE: - : - August Ifr - _ - ^ Atty>
DEPARTMENT; Planning _ _ C. Mgr.R
Subject: City Initiated request for rezoning property (Rinker-ZC-159) from
R-l-10 to C-2-Q and R-P-Q
Statement of the Matter - The Planning Commiss.ion is recommending approval of
ZC-159 for reasons outlined in Planning Commission Resolution #1170.
The Planning Commission is recommending approval inasmuch as the Zone Change
to "Q" designation would provide the needed review of site development in the
context of the General Plan guidelines.
EXHIBITS:
Staff Report dated 7-9-75
Planning Commission Resolution 1170
Plat Map dated 7-7-75
RECOMMENDATION: Staff recommends that the City Initiated request for rezoning be
approved for reasons and subject to the conditions outlined in Planning Commission
Resolution No. 1170. If the Council concurs with the Planning Commission- action,
the Council should direct the City Attorney to prepare the necessary 'documents of
approval. •
Council a.ction
8-19-75 Following the public hearing the City Attorney was instructed
to prepare the documents necessary for approval of Zone Change
ZC-159, from Zone R-l-10 to C-2-Q and R-P-Q.
CITY OF CARLSBAD
PLANNING DEPARTMENT
STAFF BACKGROUND REPORT
July 9, 1975
TO: PLANNING COMMISSION
FROM: PLANNING DEPARTMENT
APPLICANT: CITY-INITIATED
CASE NO. ZC-159
*• REQUEST: Rezone subject property from R-l-10 to C-2-Q and R-P-Q as shown
in Exhibit A, dated 6/27/75, to bring zoning into consistency with the
General Plan.
II. BACKGROUND:
A. Location and Description of Property: Southeast corner of El Camino
Real and Marron Road alignment. The site is a level area at the
base of the grade of the Tiburon project.
B. Existing Zone: Subject Property - R-l-10
North - C-2
South - R-l-10
East - C-2 & P-C
West - P-C
C. Existing Land Use:
Subject Property - a single-family residence and vacant land
North - a bank, gas station and vacant land
South - vacant land
East - vacant (future phase of Tiburon)
West - El Camino Plaza Center, movie theatres and apartments
D. Past History and Related Cases:
Zone Change ZC-128 and Specific Plan SP-134:
Applications were filed June 2, 1973 by the Rinker Company, Newport
Beach, California. The Planning Commission heard the items on
November 27, 1973 and denied both (Resolutions 1015 and 1016
respectively). An appeal was filed and heard by the City Council
on January 2, 1974. At that hearing, both matters were tabled to
allow the Rinker Company time to prepare a Market Analysis justifying
their request, and to allow adoption of the General Plan showing a
land use consistent with the rezoning request.
The subject property was designated for Community-Commercial use
on the northerly 60% of the site (approximately 820 ft. south of
Marron Road) and for Professional and Related Commercial on the
remainder (approximately 550 ft), with orientation of the commercial
area to be to Marron Road.
-2-
Because of the recent adoption of the Q-Zone by City Council, the
need for a specific plan has been obviated; and because the rezoning
from R-l-10 to C-2 and R-P is required by State law to make zoning
consistent with the General Plan, Rinker withdrew their application
June 4, 1975.
Other Related Cases: At the time of Rinker's original application,
two other nearby commercial developments were under consideration.
Larwin's request for a zone change to C-2 (ZC-119, April 26, 1973)
was withdrawn prior to public hearing. The Kurlander-Kelly applica-
tions for a zone change and specific plans (ZC-131, ZC-132, SP-141,
SP-146, September 4, 1973) on property at the northeast corner of
Marron Road and El Camino Real to allow the;development of a commercial
shopping center, were approved by the Planning Commission November
27, 1973 (Resolutions 1008 and 1009 respectively) and by the City
Council December 18, 1973 (Resolutions 3303 and 3304).
The Specific Plan was subsequently amended to allow construction in
five phases (City Council Ordinance 9419, March 19, 1975).
E. Environmental Impact Information: EIR 171 was prepared and submitted
in connection with the original SP-134 and ZC-128 applications in
1973. This EIR was accepted by the Planning Commission November
27, 1973, at the same time that the Specific Plan and Zone Change
applications were denied. Staff has reviewed this document and
finds that it fulfills the requirements of the City of Carlsbad
Environmental Protection Ordinance of 1972 as amended, and the
requirements of the California Environmental Quality Act. Specifically
the document and its parent report qualify under Section 19.04.154
(Use of a Single Environmental Impact Report) which, at the discretion
of the Planning Director, allows an earlier environmental impact report
written in connection with an earlier project to apply to a later
project if the circumstances of the projects are essentially the
same. Staff finds that the differences between the original project
and the current action are environmentally inconsequential, and that
between the documents the impacts of the current project are adequately
covered.
F. General Plan Information: The General Plan recommends Community
Commercial use of the northern two-thirds of the site, and Professional
and Related Commercial use of the southern third of the site. These
designations allow commercial use at the intersection of Marron Road
and El Camino Real, while protecting against "strip" commercial
development along El Camino Real through the buffer use Professional
and related Commercial. Planned Community Commercial uses include
retail trade, convenience goods, services and professional office
uses, supermarkets, restaurants, movie theatres and banks. The C-2
zone is compatible with this land use designation, since it allows
these uses.
Professional and Related Commercial uses include office and professional
uses, and compatible and supportive related commercial uses. The
R-P zone is compatible with this land use designation in allowing
these uses. Its function as a buffer zone against strip commercial
development is enhanced by allowing R-3 uses as well.
C t
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The Land Use Element states that the community commercial center
should encompass landscaped courtyards, pedestrian ways, bicycle
trails, landscaped parking lots, and the use of harmonious
architecture in the construction of buildings and "should be
accessible by bicycle and pedestrian trails as well as automobiles",
The purpose of the Q-Zone is to ensure that these site development
guidelines are considered when development occurs.
G. Public Facilities: N/A
III. MAJOR PLANNING CONSIDERATION: Are the underlying zones appropriate?
Is the "Q" zone appropriate?
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PLANNING COMMISSION RESOLUTION NO. 1170
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, SETTING FORTH ITS FINDINGS AND
RECOMMENDATIONS RELATIVE TO REZONING PROPERTY LOCATED
ON THE SOUTHEAST CORNER OF EL CAMINO REAL AND MARRON
ROAD ALIGNMENT, FROM R-l-10 to C-2-Q and R-P-Q.
CASE NO. ZC-159
APPLICANT: CITY INITIATED (RINKER PROPERTIES)
WHEREAS, a verified application for a certain property, to wit:
Being a portion of Lot 4 and 5 in Section 32, Township 11 South,
Range 4 West, San Bernardino Meridian, in the City of Carlsbad,
County of San Diego, State of California, according to the
official plat thereof and more particularly described on
Exhibit A, attached hereto;
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"1 and
WHEREAS, the public hearing to consider the subject rezoning was held at
the time and in the place specified in said notice on July 9, 1975; and
WHEREAS, the subject application has complied with the requirements of
the City of Carlsbad "Environmental Protection Ordinance of 1972"; 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:
(1) The Zone Change is consistent with the General Plan because it
brings zoning into conformance with the Land Use Element.
(2) The Zone Change meets the requirements of the City's Environmental
Protection Ordinance because an earlier EIR (EIR 171) on the
project site and development was accepted November 27, 1973.26
(3) The Zone Change meets the requirements of the City's Public
Facilities Policies in that no facilities are required at this
time; formal review will occur under the "Q"-Zone provisions as
development is proposed.
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 the Zone Change from R-l-10 to C-2-Q and R-P-Q is recommended
for approval.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City of Carlsbad
2 Planning Commission held on July 9, 1975 by the following vote, to wit:
3 AYES: Commissioners Fikes, L'Heureux, Jose, Packard
4 NOES: None
5 ABSENT: Commissioners Dominquez and Watson
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7 E.H. Jose, Vice-Chairman
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9 ATTEST:
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11 Donald A. Agatep, Secretary
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-200*
i_«.iJ l,^'*—"*-?"^ **»*«. .*».»
.CITY OF CARLSBAD PLANNING DEPT
APPLICANT
CASE NO
DATE
PINKER -PROPERTIES
ZC - 159
JULY 7 . 1975