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HomeMy WebLinkAbout1977-04-19; City Council; 5032; ZC-188 D K Dewhurst & Tony Howard Jones-.//-?. CITY 0. .AR.LSBAD //$) AGENDA BILL NO. DATE: April 19, 1977 DEPARTMENT: I n i t i a-1 : f\a/ Dept. Hd. \l\3-&f PLANNING City Atty. City Mgr. P) SUBJECT: CASE NO: ZC-188 APPLICANT: D.K. DEWHURST AND TONY HOWARD- JONES . STATEMENT OF THE MATTER REQUEST; The subject property is relatively small and in a- developed area. The . lots are on the west side of Roosevelt Street between Grand Avenue and Beech Avenue. Each of the lot's are separately owned. The request for C-2 zoning is consistent with the General Plan. The Planning Commission recommended approval . EXHIBITS; Planning Commission Resolution No. 1345 Staff Report, dated March 23, 1977. Location Map RECOMMENDATION ; It is recommended that City Attorney be directed to prepare the nec- essary documents approving ZC-188 as per Planning Commission Resolution No'. 1345. Council action 4_19_77 The City Attorney was directed to prepare the necessary documents for approval of ZC-188. FORM PLANNING 73 1 2 5 6 10 11 12 20 25 26 28 PLANNING COMMISSION RESOLUTION NO. 1345 RESOLUTION OP THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, SETTING FORTH ITS FINDINGS AND RECOMMENDATIONS RELATIVE TO RE ZONING PROPERTY FROM R-P TO C-2 ON PROPERTY LOCATED ON THE WEST SIDE OF ROOSEVELT STREET BETWEEN GRAND AVENUE AND BEECH AVENUE. CASE NO. : ZC-188 APPLICANT: D. K. DEWHURST AND TONY HOWARD JONES 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 March 23, 1977; and WHEREAS, the subject application has complied with the requirements of the City of Carlsbad "Environmental Protection Ordinance of 1972"; and WHEREAS, at said public hearing, upon hearing and con- sidering 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: i) General Plan Consistency: The proposed zone change is consistent with the General Plan because:- a) The Land Use Element of the General Plan shows the property as "CBD" (Central Business District) . The zone change will have no adverse effect on any element of the General Plan. 27 xxxxxxxxxxx 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 2) Environment: The -zone change is consistent with the Carlsbad Environmental Protection Ordinance of 1972 because: a) A Negative Declaration had been issued for the following reasons: (1) The proposal is consistent with the General Plan. (2) The project area is small in scale and in a developed area. 3) Public Facilities: The proposed zone change is consistent with applicable City Public Facility Policies and Ordinances because: a) All public facilities exist to the site. b) The area is close to public support systems. 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-'P to C-2 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 following vote, to wit: AYES: Commissioners Larson, Nelson, Jose, Fikes, L'Heureux NOES: None ABSENT: Commissioner Watson - . ABSTAIN: Commissioner Rombotis ERIC LARSON, CHAIRMAN ATTEST RALPHS. PLENDER, SECRETARY STAFF REPORT V-" 'March 23, 1977 TO: PLANNING COMMISSION FROM: PLANNING DEPARTMENT CASE NO: ZC-188 REQUEST: ZONE CHANGE FROM R-P TO C-2 APPLICANT: D. K. DEWHURST AND TONY HOWARD-JONES SECTION I: RECOMMENDATION Staff recommends ZC-188 be APPROVED for the following reasons: 1) General Plan Consistency: The proposed zone change is consistent with the General Plan because: a. The Land Use Element of the General Plan shows the property •as "C8D" (Central Business District). b. The zone change will have no adverse effect on any element of the General PI an . 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 proposal is consistent with the General Plan. (2) The project area is small in scale and in a developed area. 3) Public Faci1i ties: The proposed zone change is consistent with applicable City Publi'c Facility Policies and Ordinances because: a.- All public facilities exist to the site. • b. The area .is close to public support systems. SECTION II: BACKGROUND REPORT Location and Description of Property: West side of Roosevelt Street between Grand Avenue and Beech Avenue. The three parcels in question, totaling approximately 28,500 sq. ft., each have existing office development. The structures on the northerly and southerly parcels are converted s'i ngl e-f ami ly residences. The s-tructure on the middle parcel appears to be a modular unit. Existing Zoni ng: . Subject Property: R-P North: R-P & C-2 East: • C-2 . . South: C-2 • West: C-2 & C-M Page 2 STAFF REPORT ZC-188 March 23, 1977 Existing Land Use: Subject Property: North: East: South: West: Offices Apartments •& Offices Shopping Center and Post Office Shoppi ng Complex Commercial Uses Past History and Related Cases: None Major Planning Considerations: 1. Will this zone change adversely affect the viability of a "downtown" redevelopment program? 2. What impact will the new permitted uses have on the area? SECTION III: DISCUSSION Because of the existing uses, staff feels this zone change would not affect the character of the area for some time. The structures will probably remain until it becomes economically viable to redevelop the property. If this were to happen prior to any downtown redevelopment, it could only improve on the present situation (i.e., substandard parking, non-conforming structures, etc.). The zoning ordinance requires a non-conforming use to be made conforming whenever the change is to a more intense use. Therefore, if one of the present office uses converts to a commercial use, all existing non- conforming siutations would have to be corrected. MZ:sod Attachments: Location Map COMPILED :rROM DATA SHOWN IN SAN DIF30 COUNTY ASSESSOR BOOK 203 PAGE 18 PARCELS 7,8 a 9 AND CITY-OF CARLSSAD OFFICIAL ZONING MAP CDSG Description' of Request: J£g;££j^_^^ A'ckirosjf nr oc.st'ion of Request: _U/5' ca nt :__ ilnc;r. or 'Arch.^ Brief c> . ..F- . .. •Assessor Book: ZO '-5 _ Pacic: _ j^$j_ • __ Parcel : "7' Jg 4---'] - ''> Lxi'.i nq 7o:.u:sd Zone: ,. School l.nsdict:"'' ^ clft^i.. V.'.--!...-)* SiMiii^tu/ii District: l.'ii.liin Coast. S'lan Area: <•>-'LlS.i'3 -\P. ...... _„ ......... .^onst P-onnit. Aroa: