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Home My WebLink About1976-05-18; City Council; 3655; Request for Zone Change RD-M to R-1 (ZC 179) Newport Shores BuildersCITY OF CARLSBAD AGENDA BILL NO. DATE:May 18, 1976 DEPARTMENT:PLANNING Initial:- Dept.Hd. C. Atty.\ C. Mgr. Subject:REQUEST FOR A ZONE CHANGE FROM RD-M TO R-l. (ZC-179 APPLICANT: NEWPORT SHORES BUILDERS Statement of the Matter The applicant has requested a change of zone from RD-M to R-l. The City Council on August 7, 1973 (Resolution 3180) approved a tract map for a total 120.3 acres. On November 4, 1975, the Council granted an extension for a revised tract map (Resolution 3854). Condition 1 of this Resolution required that the applicant obtain a zone change to realign the RDM-R-1 zoning boundary in conformance with the boundary shown on the tentative map. During the course of revising the tract map for the extension, the de- veloper, changed his development program to exclude multiple-family •units, consequently this condition now requires the removal of the RD-M altogether. On April 28, 1976, the Planning Commission found that this change of zone from RD-M to R-l meets the requirements of Condition.! of Resolution No. 3854 and adopted Planning Commission Resolution No. 1239. Exhi bi ts : Planning'-Commission Resolution No Staff Report dated April 28, 1976 1239 Recommendation: ..- • If the City Council concurs with the findings and recommendation as outlined in Planning Commission Resolution No. 12T9, it is recommended that the City Council approve this-request for reasons and subject to the conditions of Planning Commission Resolution No. 1239, and instryct the City Attorney to prepare the necessary documents. Council- -action 5-18-76 The City Attorney was instructed to prepare the documents necessary for approval of the request subject to conditions contained in Resolution #1239 of the Planning Commission. 6 APPLICANT: NEWPORT SHORES BUILDERS 10 11 12 4 «"»IO 15 16 17 18 19 20 21 22 23 24 25 26 27 28 7 Q WHEREAS, a verified application for a certain property, 9" PLANNING COMMISSION RESOLUTION NO. 12-39 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, SETTING FORTH ITS FINDINGS AND RECOMMENDATIONS RE- LATIVE TO REZONING PROPERTY FROM RD-M TO R-l ON PROPERTY LOCATED ON THE WEST SIDE OF EL CAMINO REAL, SOUTH OF THE ALGA ROAD ALIGNMENT. CASE NO.: ZC-179 as shown on the attached map 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 to consider the subject re- 14"zoning was held at the time and in the place specified in said notice on April 28, 1976; 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, up«n hearing and con- sidering 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 Change of Zone is consistent with the General Plan because: (a) The proposed residential zone density (5.8 dwellings per acre is within the residential density designated in the Land Use Element (4-10 dwellings per acre); and (b) The Zone Change will have no adverse impact on any other element of the General Plan. 2) The proposed Zone Change is consistent with the Carls-3 bad Environmental Protection Ordinance of 1972 by prior compliance (Section 19.04.153) because:4 (a) Environmental Impact Report No. 106 was certified5 by the City in connection with a prior project on the subject site; and 6 • : (b) There have been no changes in the environmental circumstances under which the project is'to be performed; ando q (c) The proposed Zone Change does not pose any impacts not addressed in EIR-106. 3) The proposed Zone Change is consistent with applicable 11 City Public Facility Policies and Ordinances because: 12 (a) The provision of the necessary public facilities to the subject site was made a condition of approval of the subdivision of the site. 14 NOW, THEREFORE, BE IT RESOLVED by the Planning Commission 15 of the City of Carlsbad as follows: 16 A) That the above recitations are true and correct. B) That the Zone Change from RD-M to R-l is recommended for approval. 1R PASSED, APPROVED AND ADOPTED at a regular meeting of the 19 City of Carlsbad Planning Commission held on April 28, 1976 20 by the following vote, to wit: 21 AYES: Commissioners Dominguez, Fikes, Jose, L'Heureux, 22 Larson and Watson. 23 NOES: None 24 ABSENT: None 25 ABSTAIN: None 26 ATTEST: • Stephen M. L'Heureux, Chairman 27 28 Donald A. Agatep, Secretary -2- • . CITY OF CARLSBAD STAFF REPORT April 28, 1976 • TO PLANNING COMMISSION FROM: PLANNING DEPARTMENT CASE NUMBER: ZC-179 APPLICANT: NEWPORT SHORES BUILDERS ' i ^Request: Change of Zone frojn RD-M to R-l . RECOMMENDATION Staff recommends that ZC-179 be APPROVED because of the following findings: . ' . 1. General Plan Consistency: The proposed zone change is consistent with the "General "Plan because: (a) The proposed residential zone densigy (5 .8'dwellings per acre is within the residential density designated in tiie Land Use Element (4-10 dwellings per acre); and (b) The zone change-will have no adverse impact on any other element of the General Plan. / 2. Environment: The proposed- zone change has complied with the requirements of the Carlsbad Environmental Protection Ordinance of 1972 by prior compliance (Section 19.04..153) because: : • * ' » (a) Environmental Impact Report No. 106 was certified by the City in connection with a prior project on the subject .si te; and . . (b) There have been no changes in the environmental circumstances under which the project is to be performed; and (c) The proposed zone change does not pose any impacts not addressed in EIR-106. 3« Pub 1 i• c_ Faci 1 ities^: The proposed zone change is consistent with applicable City Public Facilities Policies and Ordinances because: ' W ' (a) The provision-of the necessary public facilities tothe subject site was made a condition.of approval of the sub- division of the si te. BACKGROUND REPORT LOCATION AND DESCRIPTION OF PROPERTY! The 48-acre site is located on the west side of El Camino Real, sou-th of the Alga Road extension alignment. The site is vacant, with rolling topography .and natural vegetation. The site slopes southward to Batiquitos Lagoon. EXISTING ZONING: , Subject Property: RD-M North: C-l South: P-C East: RD-M & R-l West: R-l EXISTING LAND USE: Subject Property: Vacant •North: Vacant South: Vacant East: El Camino Real, Single-family and Multiple-family Residential West: Vacant PAST HISTORY AND RELATED CASES: A tract map for a total 120.3 acres, including the project site, was approved by Council August 7, 1973 (Council Resolution 3180). The applicant requested an extension of the tract map in July 1975. The Council granted an extension for a revised tract map November 4, 1975 (Council Res. 3854). Condition 1 states that: / "Prior to final map approval for any portion of the development, the applicant shall obtain a zone change to realign the RDM-R-1 zoning boundary in conformance with the boundary shown on the Tentative Mao." This condition recognized the fact that the zone boundary did not conform with individual lot lines. However, during the course of revising the tract map for the extension, the devel- oper changed his development program to exclude multiple- family units, consequently, this condition now requires the removal of the RD-M area altogether. -2- ENVIRONMENTAL IMPACT INFORMATION: An Environmental Impact Report (No. 106) was certified by the City for the Ayres Annexation, July 2, 1973. The project area was a portion of the area annexed. There have been no changes in the circumstances under which the project is to be taken, and the proposed zone change does not pose any impacts not addressed in EIR-106. Therefore, the Planning Director has found that the project complies with the Carlsbad Environmental Protection Ordinance by P r i or Compliance (Section 19.04.153). GENERAL PLAN INFORMATION: The project site is designated' •for medium-density residential use, 4-10 dwellings/acre, in the Land Use Element. The R-l-7500 zone allows a maximum density of approximately 5.8 units per gross acre. No other elements are directly related. PUBLIC FACILITIES: The provision of sewer and water service to the site was approved by Council in extending the Tentative Tract Map. The Carlsbad Unified School District and the property owner agreed in 1973 to identify school sites in the area at a later date. The District recently requested that those sites now be selected.. Staff feels the intent of the public facili- ties policy has been met through the previous approval, and recommends that school, sites be selected at such time as de- velopment of the remaining area.is proposed. DISCUSSION • As a practical matter, Coun.cil approved single-family lots in the project area in approving the revised tentative tract map. The zone change is then a matter of keeping the zoning record straight, and Planning Staff recommends the change be approved. ATTACHMENTS; Location Map Exhibit A AM:cpl:mdp (4/21/76) -3- r •r. •• • R- o 500 SCALE ZC-179 Case No.^r/7? Date Rec'd: ^- Description' of Request i DCC Date: -PC Date Address or Location of Request: Applicant: Engr. or^Arch._ Brief Legal: " Assessor Book: g^j 5" Genera] Plan Land se Description: Existing Zone: fiil^—H Acres: ^^^T • No. of Lots: Proposed 7.onc:_ "| •• s DU's School District: . Water Sanitation t)istnct;^X?.g/ s Within Coast Plan Area: . /A/0 DU/Acrc __ M~L)W ± ) W L. ~ Mtfttt P/$T&tr Coast i'cnnit Area: