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Home My WebLink About1976-09-07; City Council; 3755; Proposed Change of Zone R-1 to R-2 Case No. ZC 181Cm OF CARLSBAD Initial: AGENDA BI;LL N0.__ DATE: September 7, 1976 DEPARTMENT: PLANNING SUBJECT:PROPOSED CHANGE OF ZONE FROM R-l TO R-2 CASE NO. ZC-.181- APPLICANT: JAMES B. MAGUIRE, JR. (Public Hearing) Statement of the Matter On August 11, 1976, the Planning Commission recommended approval of the requested change of zone from R-l to R-2 on property located on the north side of Chestnut Avenue between Adams Street and Eureka Place. The subject parcel is separated from Eureka Place by a lot zoned R-l and from Adams Street by two (2) lots zoned R-l. Discussion of the application durinq the Planning Commission hearing involved a neigh- boring property owner who felt the requested rezoning could be construed as "spot zoning". The Staff responded to the PI anni ng" Commission indi- cating the request was not "spot zoning" because the requested action would implement the General Plan. The alternative would inv.olv-e a land use' analysis to achieve General Plan Zoning consistency. This analysis would involve all parcels east of Eureka, north of Chestnut. The Commission, as submitted. Exhibits : however, is recommending approval of the application Planning Commission Resolution No. 1266 Staff Report dated August 11, 1976 Recommendation : < Staff recommends that ZC-181 be approved for the reasons outlined in Planning Commission Resolution No. 1266. If the City Council concurs with the Planning Commission recommendation, the Council should direct the City Attorney to orepare the necessary documents. Council Action: 9-7-76 A motion was made that the request for Zone Change from R-l to R-2 be denied without'prejudice'and by concensus of the Council, the City Attorney was to prepare the document necessary to deny said application. Further, by concensus of the Council, it was understood that if the applicant wished to contact other property owners in the vicinity of the proposed zone change in connection with rezoning the surrounding properties from R-l to R-2, it wouldfbe reconsidered upon formal.application. 1 PLANNING COMMISSION RESOLUTION NO. 1266 2 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, SETTING FORTH ITS FINDINGS AND RECOMMENDATIONS RE- » LATIVE TO REZONING PROPERTY FROM R-l TO R-2 ON PROPERTY LOCATED ON THE NORTH SIDE p. OF CHESTNUT AVENUE BETWEEN ADAMS STREET AND EUREKA STREET CASE NO. : ZC-181 APPLICANT: JAMES B. MAGUIRE, JR. 7 o WHEREAS, a verified application for a certain property, as 9 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 12 as provided by Title 21 of the "Carlsbad Municipal Code"; and 13 WHEREAS, the public hearing to consider the subject rezon- 14 ing was held at the time and in the place specified in said 15 notice on August 11, 1976; and 16 WHEREAS, the subject application has complied with the re- 17 quirements of the City of Carlsbad "Environmental Protection 18 Ordinance of 1972"; and 19 WHEREAS, at said public hearing, upon hearing and consider- 20 ing the testimony and arguments, if any, of all persons who 21 desired to be heard, said Commission considered all factors re- 22 lating to the Zone Change and found the following facts and 23 reasons to exist: 24 1) The zone change is consistent with the General Plan because 25 a) The General Plan Land Use Plan Map shows the property 26 as RM-Residential Medium Density, 4-10 dwelling units per acre. 27 b) The zone change will have no adverse affect on any 28 element of the General Plan. 4 area.5 8 City Public Facilities Policies and Ordinances because: 10 11 28 2) The zone change is consistent with the Carlsbad Environmental Protection Ordinance of 1972 because: a) A Negative Declaration has been issued for the follow- ing reasons: 1) The property is an individual lot in an urbanized 2) No significant alteration of topography or vege- tation will result. 3) No significant increase in traffic will occur. 3) The proposed zone change is consistent with applicable a) Street improvements exist on Chestnut Avenue. b) Utility systems are available to the site without ex- pansion. c) The medium density area will be close to public support .._ systems. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission __ of the City of Carlsbad as follows:15 | A) That the above recitations are true and correct.16 I B) That the Zone Change from R-l to R-2 is recommended for approval . 18 PASSED, APPROVED AND ADOPTED at a regular meeting of the 19 City of Carlsbad Planning Commission held on August 11, 1976 by 2O the following vote, to wit: 21 AYES: Commissioners Watson, Fikes, Larson, Jose and 22 L'Heureux. 23 NOES: Commissioner Rombotis. ABSENT: Commissioner Nelson. ABSTAIN: None 26 Donald A. ffgarep ,\ Secretary Stephen M. L'Heureux, Chairman -2- MEMORANDUM August 11, 1976 TO: PLANNING COMMISSION FROM: PLANNING DEPARTMENT CASE NO.: ZC-181 REQUEST: ZONE CHANGE FROM R-l TO R-2. APPLICANT: JAMES B. MAGUIRE SECTION I RECOMMENDATION Staff recommends ZC-181 be approved for the following reasons: 1. General Plan Consistency: The proposed zone change is con- . sistent with the General Plan' because: a. The General Plan Land Use Plan Map shows the property as RM-Residential Medium Density, 4-10 dwelling units per acre. b. The zone change will have no adverse affect on any element of the General Plan. 2. Environment: The zone change is consistent with the Carlsbad Environmental Protection Ordinance of 1972 because: a. A Negative Declaration has been issued for the following reasons: (1) The property is an individual lot in an urbanized area. (2) No significant alteration of topography or vegetation will result. (3) No significant increase in traffic will occur. 3. Public Facilities: The proposed zone change is consistent with applicable City Public Facilities Policies and Ordinances because: a. Street improvements exist on Chestnut Avenue. b. Utility systems are available to the site without expan- sion. c. The medium density area will be close to public support systems. ZC-181 Page Two SECTION II - BACKGROUND REPORT Location and Description of Property: North side of Chestnut Avenue between Adams Street and Eureka Place. The 80-foot x 142-foot lot is undeveloped and is flat. Existing Zone: Subject Parcel: R-l-7500 North: R-l-7500 South: R-3 East: R-l-7500 West: R-l-7500 Surrounding Land Use: Subject 'Parcel : Vacant North: Single-family residence South: Chestnut Street, single-family residences and apartments East: Single-family residences West: Single-family residences Past History and Related Cases: None Environmental Impact Information: An Environmental Impact Assessment Form has been submitted as part of the application. A Negative Decla- ration has been issued for the following reasons: 1. The property is an individual lot in an urbanized area. 2. No significant alteration of topography or vegetation will result. 3. No significant increase in traffic will occur. General Plan Information: The Land Use Element of the General Plan designates the subject property as RM (Residential Medium Density, 4 to 10 dwelling units per acre). The Residential medium density designation is described as follows: Urban medium density residential areas characterized by small lot single-family homes as townhouses, duplexes, triplexes, and low density apartment developments. Pub!ic Faci1ities: The project falls within the boundaries of the Carlsbad sewer and water districts. A letter has been received from the Carlsbad Unified School District assuring school facilities will be available. Street improvements exist on Chestnut Avenue. ZC-181 Page Three Major Planning Considerations: 1. Will the increased density have a negative impact on the established residential area? SECTION III - DISCUSSION The subject of location is in an area of density transition. Property to the north, west, and east of the property are designated by the General Plan as medium density,residential areas. The property to the south is designated for office and professional services. Eventually, the area around Holiday Park will take on a medium density character. Apartments have been established on Eureka Place to the northwest of the property. Rental units have also been established on the south side of Chestnut, across the street from the subject location. The transition from the existing single family character in this area represents a progression towards the fulfillment of the General Plan. TCHrcs o too SCALE AVE nmfc *•?.;;& CITY OF CARLSBAD ZONE CHANGE 181 COMPILED BY THE PLANNING DEPT FROM SAN DIEGO COUNTY ASSESSOR MAP BK 2O5. PAGE 112, PAR 8 ( MAR 6 1974) Case No.Z^l/Jate Rec'd: _7/2~/74_ DCC Date: _£.._...._.., . . —^T-^-T*. ,/ .ii PC DateL-l/tL Description of "Request :_j2£tSL_*d?* Address or Location qf Request:__^ *&*d S£AafLa^fj> Applicant: ^^^5 J. /ia«ji/irw \4*GA 4*7** 4V fifsf^fi ?-/ Je> Jt~2- --£ " -j ^ i ^ / *'variflt 5*^31 f->CI^4ftu£J[ij%J*3'4uxrftr\ ^«i4^S4x rr^ -.Engr. or Arch. ] Brief Legal: Assessor Book: 2^S~ Page General Plan Land Use Description: Existing Zone: £.-/ Acres: fa*. NQ. of lots: School District: Cjvrkg&jd • : V/Z Parcel : z?X -H^. Proposed Zone: F-2. 1 •• ^ DU's DU/Acre £_ Water Sanitation District: £/i^fyn^ Within Coast Plan Area: . -^4-p^-~ __ — ___ — ._. _^_• Coast Permit Area: /\j±