HomeMy WebLinkAbout1976-07-06; City Council; 3701; Appeal of Decision to Deny Zone Change Request StallardAQERDA Bill NO." ,
o
CITY OF CARLSBAD
Initial:
Dept. Hd.
DATE: July 6v 1976
City Atty
DEPARTMENT; PLANNING
City Mgr•A• ATFEAL OF PLANNING COMMISSION DECISION TO DENY
SUEJECT: (ZC_176) ZONE CHANGE REQUEST FROM C-l , R-A-10,000 AND P-M
TO C-2
. . . .V . APPLICANT: L. BRUCE STALLARD
'.Statement of the Matter
The subject pro'perty is situated on the east side of Avenida Encinas
adjacent to 1-5, south of Palomar Airport Road. The area is 6.7
acres, is mostly vacant, but includes a nursery and office building
at the northerly end. The applicant wished C-2 zoning to develop
a commercial enterprise on the vacant portion, to place the nursery
in proper zone (presently R-A-10,000)., and to change the zone of
the office building to allow greater range of uses (it is presently
zoned P-M).
The General Plan indicates Travel Service, which is established to
accommodate the needs of the traveling public. There is no zone
that is exactly consistent with this designation, but the C-2 and
R-T are presently being used to implement travel service.
The Planning Commission was concerned that the C-2 zone permitted
many uses that were not oriented to the tarveling public. The
Planning Commission considered placing a 'Q' overlay on the change
of zone to provide for site review, however, this was rejected be-
cause use itself would not be controlled by the Site Development
Plan.
Therefore, the Planning Commission denied ZC-176 because the C-2 zone
is not consistent with the travel service designation of the General
Plan.
Ex hi bits:
Letter from L. Bruce Stallard dated June 15, 1976
Planning Commission Resolution No. 1254
Staff Report dated May 26, 1976
Letter from L. Bruce Stallard dated April 9, 1976
Location Map
Recommendation:
If the City Council concurs with the Planning Commission findings,
the City Council should deny the appeal and direct the City Attorney
to prepare the necessary documents as indicated in Planning
Commission Resolution No. 1254.
If the City Council wishes to grant the appeal, the matter should be
returned to the Planning Commission for report prior to making final
decision.
AGENDA BILL NO. 3701 Page 2 July 6, 1976
Council Action
7-6-76 The Council denied the appeal and the City Attorney was
directed to prepare the necessary documents.
The staff was directed to bring back a report on Travel
Dependent Commercial Uses.
The staff was further instructed to investigate other
alternatives for auto dealers.
L. BRUCE STALLARDN
REALTOR
TELEPHONE (714)234-4139
1222 INDIA STREET
SAN DIEGO, CALIFORNIA 92101
June 15, 1976
The City Council
City of Carlsbad
1200 Elm Street
Carlsbad, California 92008
Attn: Mrs. Margaret Adams, City Clerk
Subject: Zone Change Request From C-l, R-A-10, 000
and PM to C-2 on Property Located on the East
Side of Avenida Encinas Between Palomar Airport
Road to the South and Cannon Road to the North.
Case No. ZC-176
Gentlemen:
We wish to appeal the decision of the Planning Commission as set
forth in its Resolution No. 1254, denying our request for change in zone.
For your convenience and consideration, we are enclosing a copy
of the Planning Department's staff report dated May 26, 1976. We part-
icularly call attention to the fact that in Section 1, under staff recommenda-
tion, the staff approved of the request to rezone. It is considered that they
were very thorough in their study investigations and deliberations in this
matter, as documented on Pages 1, 2, 3, 4 and 5. It appears that it would be
desirable to the City of Carlsbad and its citizens as well as to the owner of
this property if it were zoned C-2.
The owner of this property, Mr. C. William Dealy, is a devoted
school teacher in the San Dieguito School System. He is very conscious
of the ecology and would not desire any use that would be detrimental to
the property of hie neighbors nor inconsistent with the desire of the City
of Carlsbad.
Thank you for your consideration and kind cooperation in this matter.
Sincerely yours,
—
L. BRUCE STALLARD
LBS:jlc
Enc. - Staff Report, Planning Dept.
cc: C. Wm. Dealy
Paul Ecke
Mike Reidy
~*3rAMERICAN INSTITUTE OF^IEAL ESTATE APPRAISERS • AMERICAN SOCIETY OF REAL ESTATE COUNSELORS . SOCIETY OF INDUSTRIAL REALTORS
1
2
3
4
5
6
7
8
10
11
12
13
14
15 .May 26, 1976; and
23
24
25
26
27
28
PLANNING COMMISSION RESOLUTION NO. 1254
RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CARLSBAD, CALIFORNIA, DENYING
WITHOUT PREJUDICE THE ZONE CHANGE REQUEST
FROM C-l, R-A-10,000 AND P-M TO C-2 ON
PROPERTY LOCATED ON THE EAST SIDE OF
AVENIDA ENCINAS NORTH BETWEEN PALOMAR
AIRPORT ROAD AND CANNON ROAD ON THE NORTH.
CASE NO.: ZC-176
APPLICANT: L. BRUCE STALLARD (AGENT)
WHEREAS, a verified application for a certain property, as
shown on the attached map has been filed with the City of Carls-
bad 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 May 12, 1976 and continued to
WHEREAS, at said Public Hearing, upon hearing and consider-
ing the testimony and arguments, if any, of all persons who de-
sired to be heard, said Commission considered all facts relating
to the Zone Change found the following facts and reasons to
exist:
1) The C-2 zone request is not compatible with the
General Plan.
the City of Carlsbad as follows:
A) That the above recitations are true and correct.
B) That a Zone Change is denied without prejudice to change
the current zoning from C-l, R-A-10,000 and P-M to C-2 .
on property located on the east side of Avenida Encinas
North between Palomar Airport Road and Cannon Road on
the north.
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
c
PASSED, APPROVED AND ADOPTED at a regular meeting of the
City of Carlsbad Planning Commission .held on May 26, 1976 by
the following vote, to wit:
AYES: Commissioners Fikes, L'Heureux, Nelson, Dominguez,
and Jose
NOES: Commissioners Watson and Larson
ABSENT: None
ABSTAIN: None
Stephen n. LHieure\ix, Chairman
ATTEST:
DonaHd A. Agatep, Secret/ary
c
R-A-IO
6.069 AC v*
ZC-176
FROM:P.M.C-I a
R-A-IO
TO
C-2
CITY OF CARLSBAD ZC-176 BY PLANNING DEPT FROM
SAN DIEGO COUNTY ASSESSORS BOOK 210, PAGE 17 a PAR
I a 2 INFORMATION FROM APPLICANT.
CITY OF CARLSBAD
Planning Department
STAFF REPORT
May 26,1976
TO: PLANNING COMMISSION
FROM: PLANNING DEPARTMENT
CASE NUMBER: ZC-176
APPLICANT: L. BRUCE STALLARD (AGENT)
REQUEST: The applicant requests a change of zone from
C-l, R-A-10000 and PM to C-2.
SECTION I: STAFF RECOMMENDATION:
Staff recommends that a change of zone from R-A-10000, C-l
and PM to C-2-Q be Approved because of the following findings:
1) General Plan Consistency: The proposed zone change is
consistent with the General Plan because:
a) The C-2 zone accommodates General Plan Land Use Element
designated Travel Services and Travel Dependent
Commercial (TS) activities for the subject property.
b) The zone change will have no adverse impact on any
element of the General Plan.
2) Environment: The proposed zone change complies with the
Carlsbad Environmental Portection Ordinance of 1972
because:
a) A Negative Declaration has been issued for the
following reasons:
1. The site is relatively flat, located between
established industrial uses on the north and south
and is near or adjacent to major transportation
corridors.
3) Public Facilities: The proposed zone change is consistent
with applicable City Facilities Policies and Ordinances
because:
a) Minimum public facilities exist;
b) At the time of development, Staff, under the "Q" Zone
overlay, will evaluate the proposed land use in rela-
tion to adequacy of current and future availability of
public facilities.
SECTION II: STAFF BACKGROUND REPORT:
Location and Description of Property: The 6.7 acre subject
property is located on the east side.,of Avenida Encinas, adja-
cent to Interstate 5. The property is bounded on the south
by the AAA Tire Sales property and on the north by a curve in
Avenida Encinas which intersects the 1-5 right-of-way.
The subject property consists of a vacant parcel on the south,
which at one time accommodated a mobile home sales facility
on a portion of it.
Directly to the north of the vacant parcel there is a commercial
nursery (Carlsbad Nursery). Further to the north is an office
bui Iding .
parcel is of unusual shape and has approximately 1330 lineal
feet of frontage on Avenida Encinas. 'The property includes
approximately 1390 lineal feet adjacent to Interstate 5.
Street improvements exist along the entire parcel frontage
on Avenida Encinas.
The topography for the total 6.7 acres is relati/vel-y ; flat
with no outstanding landform features.
Existing Zonin£:
. Subject Property: R-A-10000, C-l and PM
North: PM
South: C-2
East: Interstate 5
West: PM and R-A-10000 subject to current .
zone change request for PM
Surrounding Land Use:
Subject Property: Vacant, Carlsbad Nursery &
Office Building
North: Burroughs Corp.
— - South: AAA Tire Sales
East: Interstate 5
West: Vacant and Burroughs Corp.
Envi ronmental Impact Infprmati on : An Environmental Impact
Assessment has been filed. Staff has determined that no
significant environmental impact will result from the proposal
and a negative declaration has been issued.
-2-
o
General Plan Information: The subject property is designated
Travel Service (TS)on the Land Use Map of the General Plan.
The Land Use Element defines TS Land Use as the following:
Travel Services and Traffic Dependent Commercial: This
classification of land use can be divided into two categories:
Travel Service and Traffic Dependent Commercial.
1) Travel Service areas, including motels, highway-oriented
service stations, and restaurants, serve business and
industrial areas as well as the traveling public. These
establishments should be accessible to interregional
traffic, but they need not have direct roadway access as
long as their location is easily identifiable.
While many patrons pass through the City and stop only
overnight, while establishments also serve as the residence
of people visiting the area for business or pleasure.
Their space requirements relate to the needs of the entire
northern San Diego County area. The space requirement
for a specific location is dependent on the amount and
type of transient traffic and the needs and extensiveness
of nearby business and industrial areas. A site of five
or more acres is required to provide a full range of travel
services and facilities. Two important factors in deve-
loping travel service areas are: (1) maintaining a
functional street system through access control; and,
(2) preventing detrimental effects on or by adjacent
land uses.
2) Traffic dependent businesses serve the whim and fancy of
the motoring public. Typical of this group are such
"impulse" establishments as "hot dog" stands, roadside
fruit stands, ice cream stands and novelty or curio stands.
Because of their dependence on high traffic volumes, they
generally locate on the edge of a group of retail esta-
blishments or near recreation facilities. They require
direct access to the street and a high degree of visi-
bility. Because they are unique and generally imcompati-
ble with other land uses, they are not good neighbors to
residential areas or to certain commercial areas. Their
frequency and space needs are too diverse to project.
Possibly the most unob.trusive locations for traffic
"" dependent businesses are along major streets and adjacent
to extensive business or recreational areas. Traffic
dependent business establishments should be separated
from residential areas.
Public Facilities: The Fire Department has indicated that
water service in the area is "marginal" and that it should be
upgraded.
-3-
Street improvements exist on Avenida Encinas.
The Burroughs Corporation to the north and west of the subject
property has previously suggested a traffic signal at the
intersection of Palomar Airport Road arid Avenida 'Encinas.
Past History and Related Cases: The mobile home sales facility
on a portion of the subject property-was allowed by a zone change
from R-A-10000 to C-l (ZC-103, C.C. Ord. 9346 dated March 20,
1973), a Specific Plan (SP-103, C.C. Reso. 3073, dated March 6,
1973) and a Conditional Use Permit (CUP-75, P.C. Reso. 871,
dated February 13, 1973.)
The Conditional Use Permit expired on February 13, 1976.
Carlsbad Nursery, located to the north of the mobile home
sales lot, is allowed by Conditional Use Permit
(CUP-28, P.C. Reso. 539, dated December 12, 1967). The
approval of CUP-28 was granted for 10 years, which would expire
December 12, 1977.
Major P1 a n n i n g C o n s i d e r a t i on: Are public facilities in the area
adequate to handle any possible increases in use as allowed by
the requested zoning?
Will the zone change carry out the intent of the General Plan?
Incidental In f o r m a 110 n: This request was initially submitted
for a 3.2-acre parcel north of the AAA Tire Sales Property.
This parcel included the mobile home sales site.
In anticipation of Staff's recommendation for the "Q" Zone
overlay, and subsequent time delays under a Site Development
Plan, the interested parties also submitted a Site Development
Plan application for-the 3.2-acre parcel. The Site Development
Plan is to provide for a Lincoln-Mercury Dealership.
The owner of the office building north of the Nursery has
found it difficult to find PM kinds of uses to utilize his
facility and feels that a commercial designation would better
accommodate the rental demand.
The property owners have agreed to include the entire 6.7-acre
parcel in the zone change request. Staff, in the interest of
General Plan consistency, feels the request to include the
total acreage is appropriate.
SECTION III, DISCUSSION:
Because the existing commercial zoning designations are
extremely general, Staff feels that the C-2 designation is
the only zone that would include the description of Travel
Service and Traffic Dependent Commercial cited in the
General Plan. Staff is concerned, however, that the zoning
designation is extremely general and that the General Plan
designation is very limited.
The existing activities on and around the subject property
seem to work well; yet, it is doubtful that all of them would
be interpreted as Travel Service or Travel Dependent Commercial
as defined in the General Plan; however, Staff does not feel
that all C-2 uses allowed by the present zoning ordinance
would be appropriate for the subject property.
Staff feels that a "Qu Zone overlay would allow Staff and the
Planning Commission to review each proposed situation involving
the 6.2-acre parcel as it develops.
In addition, the "Q" Zone will enable Staff to evaluate the
public facilities adequacy for a proposed use prior to
development.
ATTACHMENT:
Ltr. fr. Stallard, 4/09/76
TH:cpl
(5/5/76)
C L. BRUCE STALLARD O
REALTOR
REALTOR- TELEPHONE (714) 234-4139
1222 INDIA STREET
SAN DIEGO, CALIFORNIA 92101
__,_.._ .. . -
APR 12 1976
City of Carlsbad 'PITV HP (
iinrt T->I ™. ± i/LLJL Ul V...,' •__.' .-1200 Elm Street t««««ir,rf n
Carlsbad, California 92008 ; Banning De^ ..... <,,.
Subject: Application For Change of Zone #176 Dated Mar. 4, 1976
Gentlemen:
Request foY change of zone was formally signed covering a portion
of Lot "H", Rancho Agua Hedionda, according to Map #823, describing
the property in the southerly 298 ft. of Parcel "B" of Parcel Map #642.
The request was to change zoning to C-2 classification so that it might
be utilized for Sam Priestly Lincoln-Mercury Automobile Dealership.
At the request of the planning staff, we wish to modify our request
for C-2 zoning to include all of the areas of Parcel "A" and "B" of Parcel
Map #642 which will be in conformity with the master plan and the land
use element of the City of Carlsbad. For that purpose, we are enclosing
herewith Parcel Map #642 together with a legal description of all of
Parcel "A" and all of Parcel "B".
Reference to the Parcel Map would indicate that this, then, would
rezone all of the land northerly of the AAA Tire Service site to and includ-
ing the office building in Parcel "A" occupied by Rusty Grosse and Invest-
ors Development & Mortgage Co. , at 5850 Avenida Encinas North.
It will be appreciated if this request will be filed with the zone
change application #176. It is very important that the action of rezoning
be accomplished as quickly as possible, and we are very hopeful that this
will be accomplished at your next hearing on April 28th.
However, we recognize that such a request may delay action of this
rezoning for an additional two weeks. We hope this can be avoided.
Thank you for your kind cooperation.
:ejy yours,
,. BRUCE STALLARD
LBS:jlc
Encs. - Parcel Map #642 & Legal Desc. Par. "A" & "B"
cc: C. Wm. Dealy
Paul Ecke MEMBEH
Mike Reidy
AMERICAN INSTITUTE OF REAL ESTATE APPRAISERS . AMERICAN SOCIETY OF REAL ESTATE COUNSELORS . SOCIETY OF INDUSTRIAL REALTORS
•A -10,000
Gase Rec'd: 3 DCC Date:
Description of Request:~ZJ>Y\<L TOM* ^l fTb £• ~"
•, , _t ^_ Ln | ____._._ ^ ^^^ ^-r...^, ^/ j _ ^ ^ Cf,. /^ll_.
Address or Location of Request; •• J^ A*&4<trL/
v
PC Date
t
Applicant:
or Arch.
Brief Legal: ^.
Assessor Book:Page:Parcel:
General Plan Land Use Description: "7>
Existing Zone: £•- / Proposed Xonc:__
Acres: . '?."£-" • No. of: Lots: / '• 1 DU's
School- District: M '
_ i
! "IfefVfc I
£---2-~
//-
Water Sanitation District:
Within Coast Plan Area:Coast Permit Area: