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HomeMy WebLinkAbout1977-01-04; City Council; 4046; ZC 184 Applicant David MinnichCITY OF CARLSBAD AGENDA BILL N0._ DATE: January 4, 1977 DEPARTMENT:PLANNING Initial: Dept.Hd. C. Atty, C. Mgr. Subject: CAS£ NQ. zc_184 APPLICANT: DAVID MINNICH, CITY OF CARLSBAD Statement of the Matter The applicant, David Minnich, requested a change of zone from R-l to R-P-Q for property situated on the south side of Elm, one lot east of Pio Pico. The Planning Commission as per City Council policy, directed staff to include additional property in the immediate area of this request for compliance withtheGeneralPlan. Staff included the privately owned property adjacent to the east of Mr. Minnich's property, and the City owned property on both sides of Elm, between 1-5 and Highland that is designated in the General Plan as government or office. (See attached location map). The Planning Commission recommended that the zone of these properties be changed from R-l to R-P-Q. In addition, staff suggested that properties to the north along Pio Pico, that are designated for office use also, be changed from R-l to R-P-Q. The property owners were notified, but staff inadvertently did not include the properties in the Negative Environmental Impact Notice. Therefore, the Planning Commission could not take action on these additional lots. Rather than continue the hearing the Planning Commission deleted these properties along Pio Pico from their decisions on ZC-184. Exhibits: Planning Commiss-ion Resolution No. 1303 Staff Report dated November 9, 1976 Location Map, December 14, 1976 Recommendation: It is recommended that City Council direct City Attorney to approving ZC-184 as per Planning Commission Resolution No: prepare 1304 documents Council action for further report 1-4-77 The matter was referred to the Planning Commission/^ stating the Council's intent to delete all public property from this zone change request, and the City Attorney was instructed to prepare the necessary documents for approval. 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 PLANNING COMMISSION RESOLUTION NO. 1303 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-7500 TO R-P-Q (RESIDENTIAL PROFESSIONAL WITH QUALIFIED OVERLAY ZONE) . CASE NO. : 7.C-184 APPLICANT: K. DAVID MINNICH CITY OF CARLSBAD WHEREAS, a verified application for a certain property, 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 rezoning was held at the time and in the place specified in said notice on December 8, 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 v 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 proposed zone change is consistent with the General Plan because: a) The sites are designated for Professional and related Commercial and Governmental uses on the General Plan Land Use Map. b) The Residential Professional zone implements the uses permitted in the above General Plan designations. 1 c) The Qualified Overlay Zone will ensure that future development of the subject locations will meet the 2 intent of the Quality of Site Design Guidelines of the Land Use Element and the Circulation Element re- 3 garding Elm Avenue. 4 d) The zone change will have no adverse impact on any element of the General Plan.5 2) The proposed zone change complies with the requirements of 6 the Carlsbad Environmental Protection Ordinance of 1972 be- cause:7 a) A Negative Declaration has been issued for the following 8 9n for intensification of land use. 10 2) No significant increase in traffic volume will occur. 15 18 19 20 21 22 23 24 "" "'****-%,.. > reasons: 1) The sites are within an urbanized area planned 3) The proposed zone change is consistent with applicable City 11 12 „ - . Public Facilities Policies and Ordinances because: 13 a) All basic public facilities exist on the sites. 14 b) Any additional public facilities may be required with approval of site development plans required by the Qualified Overlay Zone. 16 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-1-7500 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 December 8,-1976 by the following vote, to wit: AYES: Commissioners L'Heureux, Fikes, Nelson, Larson, Rombotis and Jose.25 NOES: None.26 ABSTAIN: Commissioner Watson.27 ABSENT: None.28 -2- 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 STEPHEN M. L'HEUREUX, CHAIRMAN ATTEST: BUD PLENDER, SECRETARY -3- 600 SCALE ZONE CHANGE 184 (FROM R-l TO R-P-Q ) COMPILED BY CITY OF CARLSBAD PLANNING DEPT FROM DATA SHOWN IN SAW DIEGO COUNTY ASSESSOR BOOK 156 PAGE !80 PARCEL 20 BY APPLICANT K DAVID MINNICH. 'AND BOOK 156 PAGE 180 PARCELS 21,32,33 8 34 ; PAGE 190 PARCELS 38,39 & 41 APPLICANT CITY OF CARLSBAD. 1IAFF_RE£OR1 December 8, 1976• 'TO: PLANNING COMMISSION FROM: PLANNING DEPARTMENT CASE NO: ZC- 184 APPLICANT: K. DAVID MINNICH REQUEST: Approval of a zone change from R-l-7500 to R-P-Q (Residential Professional with Qualified over-lay zone). (Minnichs Request). The City of Carlsbad is mitigating a change of zone over additional properties within the area from R-l to R-P-Q. SECTION'i. RECOMMENDATIONS Staff recommends that a change from R-l-7500 to R-P-Q be APPROVED because of the following findings: 1) Gene ral PI an Cojis i s tency: The proposed zone change is consistent with the General Plan because: a) The sites are designated for Professional and Related Commerci a 1 and Governmental uses on the General Plan Land Use Map. b) The Residential-Professional zone implements the uses permitted in the above General Plan designations. c) The Qualified Overlay Zone will insure that future development of the subject locations will meet, the intent of the Quality of Site Design Guidelines of the Land Use .Element and the Circulation Element regarding Elm Avenue. d) The zone change will have no adverse impact on any element of the General Plan. 2) Envi ronment: The proposed zone c.hange complies with -the require- ments of the Carlsbad Environmental Protection Ordinance of 1972 because: a) A Negative Declaration has'been issued for the following reasons: 1) The sites are within an urbanized area planned for in- tensification oflanduse. 2) No significant increase in traffic volume will occur. -1 - 3) Pub 1 i c F ac i 1 i ties: The proposed zone change is consistent with applicable City Public Faciilites Policies and Ordinances because: a) All basic public facilities exist on the sites. b) Any additional public facilities may be required with approval of site development plans required by the Qualified Overlay Zone. SECTION II. BACKGROUND L o c a t i Q n a ri d d e s c r j p_t i o p_J^f__P_rojjjjrt_y_: "Mi nm'ch Request": The rectangular parcel has about 80 feet of frontage on Elm Avenue and across from City Hall and is approximately 200 feet deep. There are two.existing structures on site, a single family residence and a guest house. There are two driveway aprons on the parcels street frontage. The site slopes gradually from east to west. / "City Request": The parcel is located on the east side of the "Minm'ch Request" site and on the west side of the City Fire Station property. The site is rectangular, with approximately 1.00 feet of street frontage and approximately 200 feet of depth. There is an existing reside nc e on the site. The residence is set back approximately 50 feet from the street. There is an existing driveway apron on the eastern portion of the street frontage. The buildable portion of the lot is higher than the Elm Avenue grade; The site slopes gradually from east to west. The remainder of the City request encompasses the City owned property on the north and south side of Elm Avenue. The city owned property includes City Hall, the library", Park and Recreation and Fire Department sites. Existing Zoning: (Mi n n i c hs Request) Subject Property: R-l-7500 North: Elm Avenue and City Hall South: R-l-7500 East: R-l-7500 West: -C-2 -2- Existing Zoning: (City Request) •Subject Property: R-l-7500 North: R-l-7500 South: R-l-7500 & C-2 East: R-l-7500 West: R-l-7500 & 1-5 Freeway. Existing LanJ Use: (Minnichs Request) Subject Property North South East West Exi sting Land Us_e_: (City Request) Single Family Residence City Hall SFR Vacant Colonial Mall • Subject P.roperty: City offices & SFR North: Single Family Residence South: Single Family Residence, gas station, retail &com- mercial activities. East: Single Family Residence West: Single Family Residence and 1-5 Freeway. En v i r onme n t a 1 Imp a ct Informal: Ion : An Environmental Impact Assessment form has been received by staff and a negative declaration issued based on the. following findings: 1) The sites are within an urbanized area planned for intensification of land use. 2) No significant increase in traffic volume will occur. Gej]_er aj Plan Inf orrnati on : The Land Use Plan Map designates the site of Minnichs request and the adjacent property to the east as Professional and Related Commercial (0). The Land Use Plan Map designates the City owned property as Governmental Facilities (G) and the property adjacent to, Pio Pico Drive as Professional and Related Commercial (0)." Pub11c Faci1i tes: Water and sewer service are provided by the City of Carlsbad. Street improvements are existing. Past History and Related Cases: A zone change from R-l-7500 to R-P-Q was approved for property on the south west corner of Pio Pico and Las Flores on November 16, 1976, (ZC-182). . A property owner initially requested a zone change for a portion of the block. Staff initiated a zone change on the remainder of the property to assure General Plan consistency and avoidance of spot zoni ng. Major__Planni ng Considerations : Is the request consistent with the General Plan? Will the permitted uses in the requested zone have a possible negative affect on sur- rounding properties? SECTION III: DISCUSSION Staff feels that the adjacent property to the East of Minnich's IIequest should be zoned simultaneously. The property to the East is designated by the General Plan for "0" uses. If the Eastern propery is not re-zoned, and R-l-7500 island would be created between the subject property and the City owned (Fire Station) property. Staff is also concerned about the use of the existing structures for commercial activities. For example, ordinance requirements regarding -off-street parking must be adhered to under the "Q" Zone Site Development PI an. The proximity of the existing driveways to the Elm Avenue-Pio-Pico Drive intersection may create a traffic problem because of increased ingress and egress. Staff feels that adequate mitigation o f.t h e s e concerns can be attained at the Site Development Plan review stage. Because the zoning for the City owned properties (City Hall, Library, Parks and Recreation and F i r e) has never brought into General Plan consistency, staff feels that this would be an appropriate time to- do so, The R-P zone with a Qualified (0) Zone Overlay would be the mast appropriate to impliment the Professional and Related Commercial and' Governmental Facilities designations as described in the General Plan Land Use Element. TH:ar Attachment: Location Map -0^-o SCALE \ Case No.J^^/gV_Date Rec'd:____!—*£» __ , _ * ~_X / — - Description of Request: Address or Location of R — ) p <f l~ JL 1\ p p t i c a n t: 1C. t^fW'3 M.'i .M Engr. or Arch. Brief Legal: DCC Date:PC Date ^^ Assessor Book: General Plan Land Use Existing Zone: _^ J^-j Acres: /<T/2^<2LJ~ No • °f • Lots: Parce l:,~' ^ Proposed Zone: School District^ __ Water Sanitation District: O^/sI?.?-<f Within Coast Plan Area: y^ DU's DU/Acre Coast Permit Area: fl£» FORM PLANNING 52 1=1 & G<tf4jt**s&+* A<s:/^g*ce