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
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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.
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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.'
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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
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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
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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
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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^, •
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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
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or vegetation and is within an urbanized area.
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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:
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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
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following vote, to wit:
AYES: Commissioners Jose, L'Heureux, Fikes, Larson and
Rombotis.
NOES: Commissioner Nelson.
ABSENT: Commissioner Watson.
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ABSTAIN: None. . * ' * '
[ATTEST: . Stephen M. L.'Heureux, Chairman
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Donald A. Agatep, Secretary •* *
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SCALE
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ZC-1'82
FROM R
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LAS FLORES DR
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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
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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. .
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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
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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.
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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.
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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:
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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• \ » < .••'••• •
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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
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LAS FLORES DR
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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
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