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HomeMy WebLinkAbout1976-11-02; City Council; 3796; ZC 182 Fred Jones Hall/City of CarlsbadCITY OF CARLSBAD AGENDA BILL NO. ^ / 7fo ' Initial: Dept.Hd. DATE: ' November 2, 1976 r--r-i™_j_i -.. - JJ_L_I ™-.j_. .. .1 ' n -i-..~i_jm-jniTn lui _ lu. .J.-.JUT i j _._ii Tn i^nr r. n i jr .-~- .-r.-mm_._rt i__ U~T- ^ ^ xVttZy DEPARTMENT; PLANNING ' C. Mgr Subject: ZC-182, FRED JO'NES HALL, CITY OF CARLSBAD, Statement of the Matter -. Th-e original : request for a change of zone was' for Residential -Prof essional (R-P) .from R-l on land fronting on Las Flores adjacent to 1-5. Because of recent directions from the City Council on rezoning- other nearby proper- ties in confofmance w-ith the General Plan, the Planning Commission initiated rezoning for'the entire block fronted by Las Flores, Pio Pico and 1-5. The Planning Commission recommended the entire block be rezoned to R-P-Q in conformance with 'the General Plan. The Qualified Overlay "Q" zone was added to insure proper development in thi's basically residential area, especially limiting access onto Las Flores. In addition, it was noted that there is -a problem with insuring public facil ities'-during rezoning, especially City initiated rezoniog. The "Q" . zone could also allow the public facility requirement to be utilized when the site- development plan is processed in accordance with the "Q" zone. Exhibits • -' • Planning Commission Resolution No. 1287 , '. *"• Staff Report dated October 13, 1976 . Recommendation " • '. • . If the City Council concurs with the findings and recommendations of . Planning Commission Resolution No. 1287, the Council should instruct the City Attorney to prepare the necessary documents. •'*'••• action 11-2-76 Following the. public hearing the City Attorney was instructed to prepare the necessary documents to approve the zone change -."•• - ' -r>rom R-l -7500 to- R-P-Q. ***.'-•." Further, -staff was instructed to inititiate proceedings to require that motels and hotels in an R-3 zone be allowed ' " by way of a Conditional Use Perm'it.' :« w , 1 PLANNING COMMISSION RESOLUTION NO. 1287 2 RESOLUTION OF THE PLANNING COMMISSION OF - THE CITY OF CARLSBAD, CALIFORNIA, SETTING3 FORTH ITS FINDINGS AND RECOMMENDATIONS RE- LATIVE TO REZONING PROPERTY FROM R-l-75004 TO R-P-Q ON PROPERTY LOCATED ON THE SOUTH ,Q shown on the attached map has been filed with the City of Carlsbad 11 12 13 14 15 17 18 19 20 21 22 23 24 25 26 27 28 SIDE OF LAS FLORES BETWEEN PIO PICO AND 1-5. CASE NO.: ZC-182 APPLICANTS:-FRED JONES HALL CITY OF CARLSBAD WHEREAS, a verified application 'for a certain property, as 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 rezoning was held at the time and in the place specified in said notice on October 13, 1976; and • WHEREAS, the subject application has complied with the require- ments 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 a.l 1 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 proposed zone change is consistent with the General Plan because: a) The site is designated for Professional and related Commercial, use in the Uan-d Use Element;•t ' < b) The Residential-Professional zone implements the uses permitted in that office designation^, • X X X X X '"''., , 1 2 3 4 element of the General Plan.5 2) The proposed zone change complies with the requirements of . the Carlsbad Environmental Protection Ordinance of 1972 because:7 a) A Negative Declaration of Insignificant impact has8 9 • / or vegetation and is within an urbanized area. 11 12 13 14 15 16 17 is 20 21 22 23 24 25 26 27 28 c) The Qualified Overlay ("Q") zone will insure that development of the project site will meet the intent of the Quality of Site Design Guidelines of the Land Use Element, and the intent- of the Circulation Element in limiting access from Las Flores Drive; and d) The zone change will have no adverse impact on any been issued for the following reasons: « f 1) The site does not contain predominate land forms 3) The proposed zone change is consistent with applicable City Public Facilities Policies and Ordinances because: a) Minimum pu-blic facilities exist at the project site; and b) Any additional public facilities required for development of the site may be required with approval of the site development plan required by the Qualified Overlay Zone. 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-7500 to R-P-Q is recommended for approval. PASSED, APPROVED AND ADOPTED at a regular meeting of the City of Carlsbad Planning Commission held on October 13, 1976 by the ~ -V *». following vote, to wit: AYES: Commissioners Jose, L'Heureux, Fikes, Larson and Rombotis. NOES: Commissioner Nelson. ABSENT: Commissioner Watson. .,.,...,. -H v * ABSTAIN: None. . * ' * ' [ATTEST: . Stephen M. L.'Heureux, Chairman I ' ' ' • -^ - ' Donald A. Agatep, Secretary •* * » -2- ' ' ' ' SCALE 55 ZC-1'82 FROM R TO R-P O•s 6\O no O O O o DR r > LAS FLORES DR •L * •'r\-; BUENA VISTA ZONE CHANGE 182 INFORMATION COMPILED' BY CITY OF CARLSBAD PLAN-NING DEPT. FROM DATA SHOWN IN SAN DIEGO COUNTY ASSESSOR MAPS:BOOK 156 PAGE 12 PARCELS 43,44f 48.49~.50, 53 AND 54 » STAFF REPORT October 13, 1976 TO: FROM: PLANNING COMMISSION PLANNING DEPARTMENT CASE NO.: ZC-182 APPLICANT: FRED JONES HALL, CITY OF CARLSBAD REQUEST: Mr. Hall requests approval of a Change of Zone from R-l-7500 to R-P over the area labeled "Hall's Request" on Ex- hibit A, dated September 28, 1976. The City of Carlsbad is initiating a Change of Zone over the remainder of the- block from R-l-7500 to R-P-Q. RECOMMENDATION Staff recommends that a change from R-l-7500 to R-P-Q be APPROVED because of the following findings: 1) General Plan Consistency: The proposed zone change i's consistent within the General Plan because: a) The site is designated for Professional and Related Commercial use in the Land Use Element; , . b) The Residential-Professional zone implement the uses permitted in that office designation-; c) The Qualified Overlay zone will Insure that develop- ment of the project site will meet the intent of the'Quality "of Site Design Guidelines of the Land Use Element, and the intent of the Circulation Element in limiting access from Las Flores Drive; and .^ ' d) The zone change will have no adverse impact on any element of the General Plan. . w 2) Environment: The proposed zone charge complies with the Requirements of the Carlsbad Environmental Protection Ordi- nance of 1972 because: a) A Negative Declaration of Insignificant Imapct has been issued for the following reason: , 1. The site does not contain predominate land forms or vegetation and is within an urbanized area; 3) Public Facilities: The proposed zone change is consis- " tant with applicable City Public Facilities Policies and Ordinances because: a) Minimum public facilities exist at the project site; b) Any additional public facilities required for develop- ment of the site may be required with approval of the site develop- ment plan required by the Qualified Overlay Zone. BACKGROUND REPORT Location and Description of Property: The 2 acre (.81 Ha.) site is located on the south side of Las' Flores Drive, between 1-5 and Pio Pico Drive. The site is flat with four single-family residences existing on the site. Existing Zoning: • ..''." Subject Property: R-l-7500 . ,,. North: R-l-7500 ''• South: R-l-7500 •" * . , East: R-l-7500 West: R-l-7500 , Existing Land Use; Subject Property: Single-Family residences and vacant North: Single-Family residences South: 1-5 Freeway • . . ' East: Single-Family 'residence's West: 1-5" Freeway * " • ••*'"•. . • . • ^••-» •-2- . ' '. PAST HISTORY AND RELATED CASES: In 1971, a change of zone, specific Plan, and Conditional Use Permit (ZC-9, SP-17, and CUP-63) were applied for on the project site for a gas sta- tion-restaurant complex. The problems of traffic and pedes- . trian circulation in the area led the Planning Commission to deny the application on September 14, 1971 (Res. 720). An appeal of the Commission's decision was upheld by the City Council October 19, 1971 (Res. 1914). Environmental Impact Information: ho^n9-t1Ve^D!ularat1on of ^significant Environmental Impact hasbeen issued the project for the following reason: , tatioI^rJ^c5,!,-^0*5 not ucontain predominant landforms'or vege-tation and is within an urbanized area. General Plan Information: The Land Use Element of the General Plan designates the project site for Professional and Related Commercial (0) use The R-P zone implements the uses of that designation. Z°ne w111 1nsure that the Quality of Sitehe Land Use Eleme velopmen n.Design Guidelines of the Land Use Element, and the Policies and " Circulation Element. are met at the tl£I of Se- Pub! ic Facil i ties : Water and sewer service is available to the site from the City of Carlsbad. The Carlsbad Unified School District has informed the City by letter that it has no objection to the City consider- ing the zone change proposed by Mr. Hall. Major Planning Consideration: Is this an appropriate time to rezone the area? « ^ Has the City's Public Facilities policy been met? DISCUSSION The zone change was first proposed on that portion of the block labeled "Hall's Request" on -Exhibit "A". In response to recent - changes in Council policy on zone changes, the Planning Commis- sion' initiated a rezoni.ng of the remainder of Ihe block. Staff has notified the affected property-owners andthras not, to date, received any adverse reactions. One property-owner has indicated favoring the request. ..-"f. Staff feels that the area rezoned and the timing of develop- ment within that area is important to proper circulation in the area. The proximity of the freeway ramp to the west and the elementary school to the east could pose significant auto and pedestrian conflicts, including conflicts with school children at the beginning and ending of classes. As noted above, these problems led to a denial of service station- restaurant development on the project site in 1971. Application of the Q-Zone will insure that access to Las Flores Drive is limited (or precluded entirely), and that traffic from all parcels is channeled to Pio Pico. The Q-Zone will also insure that the existing substandard fire hydrant situation in the area is corrected. - 4 «• The area initially proposed for rezoning does not have access to Pio Pico and is therefore limited to taking acces from Las Flores Drive in close proximity-to the freeway ramps. The unusual shape of the area makes it probable that, .onsite park- ing would be designed for the southern portion of the lots. Parking in this area would be relatively inaccessible to an office building at the front of the lot, with resultant heavy on-street parking. For these reasons, staff recommends that, if the Commission does not wish to approve the rezoning of the entire block or the application of the Q-Zone, Mr. Hall's request be denied as well. School Facilities: „ ' • The recent Council Policy of City-initiating zone.changes has posed a-conflict with-the City Public Facilities policy. Normally, a private applicant requests City approval of a zone change, tract map, or similar action. He is therefore responsi- ble for reaching an agreement with the School District to con- tribute land or money for the District's operations. The City Pub- lic Facilities policy is met by receipt of a letter from the School District that school facilities are available to serve the project. The District will not release the letter until it has reached an"' agreement with the applicant. •In the case of the City-initiated rezonings, the City is the appli- cant. Therefore, the City is responsible for school agreements. The City has no policy or ordinance enabling it to enter into such agreements. Because of this conflict in policy, staff has not-re- quested any School District action on'the City-initiated portion of .the rezoning. . ,. . v • ,. , ' ,. v ,N• \ » < .••'••• • _ ' ' '. • --4- ' ' ' • '•' * • ..'.".. ' • ?•- o The meeting of the Public Facilities policy is a matter of judgment on the Commission's and Council's part. Staff recommends that the Commission hear the item since a letter has been received for Mr. Hall's portion of the rezoning. The Commission may then call attention to the conflict in policies by minute motion to the Coun- cil. If the Commission wishes, it may recommend a solution to the conflict as a part of its motion. One solution would be to include the Q- zone in all City-initiated rezonings in the existing urbanized area. Since the Planning Commission would then review all development site plans, the school agreement could be reached at the time of develop- ment. . Attachments: Location Map Exhibit A, Plot Plan, dated September 28, 1976 ' v. <•t » * ' ' . ' •'Ht - J v W-O1 IVE "'] O /O.:.>••/ ^< DR """^|-j* i To SCALE LAS FLORES DR O :I BUENA VISTA ZONE CHANGE 182 ... INFORMATION COMPILED BY CiT.Y OF CARLSBAD'PLANNING* DEPT. FROM DATA SHOWN IN SAN DIEGO COUNTY ASSESSOR MAPS:BOOK 156 PAGE 12 PARCELS 43,44, 48,49%50, 53 AND 54 ,-