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.
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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
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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
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9n for intensification of land use.
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2) No significant increase in traffic volume will
occur.
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reasons:
1) The sites are within an urbanized area planned
3) The proposed zone change is consistent with applicable City
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Public Facilities Policies and Ordinances because:
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a) All basic public facilities exist on the sites.
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b) Any additional public facilities may be required with
approval of site development plans required by the
Qualified Overlay Zone.
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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
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STEPHEN M. L'HEUREUX, CHAIRMAN
ATTEST:
BUD PLENDER, SECRETARY
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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.
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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
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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
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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
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