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Home My WebLink About1977-05-17; City Council; 5069; Zone Change from R-1-7500 to RDM ZC 192 Tom BevillaquaCITY 0. CARLSBAD * " -Nut*.; -' ' ' Initial:. AGENDA BILL NO. sy [ ' Dept. Hd. DATE: May "17, 1977 City Atty DEPARTMENT: PLANNING City Mgr. ' SUBJECT: ZONE CHANGE FROM R-1-7500- to RDM CASE NO: ZC-192 ' APPLICANT; TOM BEVILAQUA STATEMENT OF THE MATTER REQUEST; The subject property has an area of approximately .67 acres, and is located on the west.side of Harrison Street, between Chinquapin Avenue and Locust Avenue. The General Plan indicates Medium^High • Density (10-20 du. per acre for this site) . The reques.t for RDM zoning'is the-fefore consistent with the General Plan. The Planning Commission recommended approval of the RDM, with the addition of the Qualified Overlay Zone. The Planning Commission felt the Qualified Zone was necessary to a site development plan, and would be required to insure: ' a) Noise from traffic along Interstate 5, is properly mitigated. . * b) Existing house and structures are either removed, or the future development property designated around them, c) Lessen any negative impacts on the existing single-family homes on the east side of Harrison Street. " EXHIBITS; . • . Planning Commission Resbl.ution No. 1363 • Staff Report dated, April 27, 1977 Location Map .. RECOMMENDATION: It is recommended that the City Council direct City Attorney to prep.are documents approving ZC-192 'as per Planning Commission Resolution No. 1363 rezoning"property to 'RD-M-O.. . : • ; •• •• ; City Manager's Note; •] ....';;•• This was processed through the Planning- Commission prior to the sewer moratorium and the recommendation based on the assumption that sewers were available. ' At this time-'tha staf/f cannot ' represent that public facilities are available and the Council should consider denial of this zone change. . . SEE PA-GE 2 for Council Action. - ' • ' • FORM PLANNING 73 Page 2 AB #5069 Council Action: 5-17-77 The City Attorney was instructed to work out any technicalities regarding conformance with the Land Use Element of the General Plan and possible non-conformance with the Public Facilities Element, for approval of the project. 1 2 3 4 5 11 12 18 2° 22 24 25 26 28 PLANNING COMMISSION RESOLUTION NO. 1363 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, SETTING FORTH ITS FINDINGS AND RECOMMENDATIONS RELATIVE TO REZONING PROPERTY FRCM R-l-7500 TO RD-M-Q RESIDENTIAL DENSITY MULTIPLE (QUALIFIED) ON PROPERTY LOCATED ON THE WEST SIDE OF HARRISON STREET BETWEEN CHINQUAPIN AVENUE AND LOCUST AVENUE. CASE NO. : ZC-192 APPLICANT: TOM BEVILAQUA (AGENT) 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 April 27, 1977; and • WHEREAS, at said public hearing, upon hearing and considering the testimony and arguments, if any, of all persons who desired t to be heard, said Commission considered all factors relating to the Zone Change request and found the following facts and reasons to exist: 1) Qualified Zone; The addition of the Qualified Overlay Zone will assure through the site development plan approval process, that the following factors will be considered prior to development:23 a) Noise from traffic along Interstate 5. , ;b) Proper utilization or removal of the existing house and accessory structures. c) impact on the existing single-family homes on the east side of Harrison Street.27 xxxxxxxxxx 1 Plan because: 2 a) The parcel is designated as Residential Medium High 3 Land Use Map of the General Plan. 4 b) The RD-M Zone is the appropriate implementing zone for the RM-H General Plan designation. c) The Zone Change will have no adverse impact on any element of the General Plan.7 8 11 -. the site.12 17 18 20 21 24 25 26 27 28 2) The proposed Zone Change is consistent with the General Density (RM-H) 10-20 dwelling units per acre on the The proposed Zone Change complies with the requirements of the Carlsbad Environmental Protection Ordinance of 1972 because a Negative Declaration has been issued for the following reasons: a) The site is in an urbanized area. b) No significant physical features or vegetation exist on c) Ultimate traffic operation can be accommodated by existing street systems. 14 4) The proposed Zone Change is consistent with applicable City Public Facilities Policies and Ordinances because: 15 a) Necessary public improvements not existing currently on the site will be required to be provided when the property is developed. b) At this time, all necessary public facilities, including sewer service, are available to serve the subject project as proposed. However, sewer facilities may not be available when applications are made for building permits. If sewer facilities are not available at the time of building permit application, building permits will not be issued until arrangements satisfactory to the City Council can be made to guarantee that all necessary sewer facilities will be available prior to occupancy. . • i . NOW, THEREFORE, BE IT RESOLVED fay the Planning Commission i , •• • 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 RD-M-Q is recommended for approval. . PASSED APPROVED AND ADOPTED at a regular meeting of the city of Carlsbad Planning Commission held on April 27, 1977,- -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 15 16 17 18 19 20 21 22 23 24 25 26 27 28 by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Commissioners Larson, Rombotis, Jose, Watson and L'Heureux. Commissioner Nelson. ' Commissioner Fikes. None. ERIC LARSON, CHAIRMAN ATTEST: S C. HAGAMMT, ^SECRETARY -3- STAFF REPORT • DATE: APRIL 27, 1977 TO: ' PLANNING COMMISSION FROM: PLANNING DEPARTMENT CASE NO: ZC-192 APPLICANT: TOM BEVILAQUA (AGENT) REQUEST: ZONE CHANGE FROM R-l-7500 TO RESIDENTIAL DENSITY MULTIPLE (RDM) SECTION I. RECOMMENDATION Staff recommends that the zone change to RD-M NOT BE APPROVED but does recommend APPROVAL of a change to RD-M-Q for the following reasons: 1« Qualified Zone; The addition of the Qualified Overlay Zone to the requested RD-M Zone will assure, through the site development plan approval process, that the following factors will be considered prior to development: a) Noise from traffic along Interstate 5. b) Proper utilization or removal of the existing house and accessory structures. c) Impact on the existing single-family homes on the east side of Harrison Street. 2. General Plan Consistency; The proposed zone charige is consistent with the General Plan because: n. a) The parcel is designated as Residential Medium High Density (RM-H) 10-20 du. per acre on the Land Use Map of the General Plan. b) The RDM zone is the appropriate implementing zone for the RMH General Plan designation. c) The zone change will have no adverse 'impact on any element of the General Plan. ' .;,\ * -'• i '. o. Environment / /j . ; / The proposed zone change complies with the requirements of the Carlsbad Environmental Protection Ordinance of 1972 because a Negative Declaration has been issued for the following reasons: a) The site is in an urbanized area. b) No significant physical features or vegetation exist on the site. .1 c) Ultimate traffic operated can be accommodated by existing street systems. 4. Public Facilities The proposed zone change is consistent with applicable City Public Facilities Policies and Ordinances because: a) Necessary public improvements not existing currently on . the site will be required to be provided when the property is developed. b) At this time, all necessary public facilities, including sewer service, are available to serve the subject project as proposed. However, sewer facilities may not be avail- able when applications are made for building permits. If sewer facilities are not available at the time of building permit application, building permits will not be issued until arrangements satisfactory to the City Council can be made to guarantee that all necessary sewer facilities will be available prior to occupancy. SECTION II. BACKGROUND Location and Description of Property The somewhat rectangular parcel is approximately .67 acres and is located on the west side of Harrison Street between Chinquapin Avenue and Locust Avenue. The west side of the property is adjacent to the 1-5 freeway. The property has approximately 110 feet of frontage on Chinquapin and 230 feet of frontage on Harrison. An older single family residence is existing on the site. The topography is flat with.a bank slopping to freeway grade on the west. '>Existing Zoning *» Subject Property: R-1-7500 North: R-3 South: R-3 East: R-l West: Freeway Existing Land Use; -,: Subject Property: SFR ; North: Apartments South: Condominiums East: SFR's ; / West: Freeway Environmental Impact Information An Environmental Impact Assessment form has"~Been received by staff and a Negative Declaration has been issued based on the following findings: .2 a) The site is l!ftf an urbanized area. '**** b) No significant physical-features or vegetation exist on the site. c) Ultimate traffic generated can be accommodated by existing street systems. . General Plan Information The Land Use Plan Map designates the subject property as Residential Medium-High Density (RM-H) 10-20 du. per acre. The Land Use Element describes this designation as one that includes low-rise condos and low-rise apartments. The proposed RDM zone density is keyed to the General Plan Density. Public Facilities Necessary public improvements not existing currently on the site will be required to be provided when the property is developed. At this time, all necessary public facilities, including sewer service, are available to serve the subject project as proposed. However, sewer facilities may not be available when applications are made for building permits. If sewer facilities are not available at the time of building permit application, building permits will not be issued until arrangements satisfactory to the City Council can be made to guarantee that all necessary sewer facilities will be available prior to occupancy. A letter has been-received from the Carlsbad-Unifled School District assuring school facilities will be available. Past History and Related Cases A 20 unit condominium project was approved for the property directly to the south of the subject site (CT 74-20, City Council Reso. 3539) . The project has been built and all improvements installed. The condominium parcel is approximately .885 acres. The density for the site is about 22 du. per acret Major Planning Considerations Is the zone requested consistent with the General Plan? * i Will the permitted uses in the requested zone be compatible with surrounding properties? , , •• , SECTION III. DISCUSSION { , The requested zone (Residentail Density-Multiple) implements the General Plan designation of Residential Medium-1-Iigh Density. The property along the freeway in the area of the subject request is designated for medium to high density residential development. The property on the east side of Harrison in the area of the subject parcel, is designated on the General Plan for medium-high density. » .3 J Staff feels that the specific problems vrith this site can be ... adequately addressed and resolved through the ,site development plan process. The major concerns of development in this area include: a) Noise generated by traffic along Interstate 5; b) Proper utilization or removal of the existing house and accessory structures; and c) Impact on the existing single-family homes on the east side of Harrison Street. Attachments; Location Map TH:ar 4/21/77 100' COMPILED FROM DATA\^ SHOWN IN SAN DIEGO COUNTY ASSESSOR BOOK 206 PAGE 120 \ x PARCEL 27 AND CITY OF \ \ CARLSBAD OFFICIAL ZONINGJ MAP... No.ZC-1^2. Date Rec'd: 3/17/77 DCC Date: 4/H/7y_PC Date 4/17/77 Description of Request: Xo/j/g C^A/L^^ Fned>M g-l To RI> -^\ Address or Location of Applicant: L.NV Trr.ar. .or Arc-fe. Brief Legal:> -23* OP= THOM . A)o. i Assessor Book:_ General Plan Land Use Description:, Existing Zone: {£- ( < , •• Parcel: 2.7 i. of Lots: Proposed DU's School Di K'ater Sanitation District: CITY Within Coast Plan Area: DU/Acre Coast Permit Area: FORM PLANNING B2