HomeMy WebLinkAbout1977-06-07; City Council; 5069-1; Zone Change from R-1-7500 to RDMQ ZC 192 Tom BevillaquaIbW v . • ' U
CITY OF CARLSBAD
AGENDA BILL NO. 5069 - Supplement #1 _ Initial:
Dept.Hd.
DATE:
DEPARTMENT :_ _ City Attorney _ C. Mgr.
Subject: ZONE CHANGE FROM R-l-7500 TO RDMQ
CASE NO.: ZC-192
TT>M
Statement of the Matter
The City Council considered this zone change at your May 17,
1977 meeting and returned the matter to staff for further
report regarding the public facilities element of the general
plan and the sewer moratorium. A copy of the report contain-
ing a discussion of three alternative actions is attached.
Documents containing findings which could be used for two
of the alternatives have also been prepared and are attached.
The third alternative can be effected by motion.
Exhibits
Memorandum dated May 24, 1977, from City Attorney to Mayor & Council.
Resolution No. , denying the requested change of zone.
.Resolution No. £"//, approving change of zone.
Ordinance No.
Recommendation
1. If the City Council determines to deny the zone change,
your action is to adopt Resolution No. ' - .
2. If the City Council determines to hold the zone change in
abeyance until the public facilities element can be amended,
your action is to by motion table the matter with instruction
• to staff to return it when the amendment is complete.
3. If the City Council determines they are able to make the
necessary findings to support the change of zone, and wish
to approve it, your action is to adopt Resolution No.
and introduce Ordinance No.
(Council action on Page 2)
AGENDA BILL NO. 5069 - Supplement #1
Council action
6-7-77 Following the public hearing Resolution #5111 was adopted,
announcing findings and decision.
Ordinance #9485 was introduced granting a change of zone
from R-l-7500 to RDM.
6-14-77 The City Attorney informed the Council a clerical error
was made as to the zone change designation. He presented
a corrected Resolution #5111 making findings on a zone
change from R-l-7500 to RDM-Q, which was adopted by the
Counci 1 .
Ordinance #9485 was reintroduced for a first reading granting
a zone change from R-l-7500 to RDM-Q.
6-21-77 Ordinance No. 9485 was given a second reading and adopted.
MEMORANDUM
DATE: May 24, 1977
TO: Mayor and City Council
FROM: City Attorney
SUBJECT: ZONE CHANGE (ZC-192) — R-l-7500 TO RDM (BEVILAQUA)
The City Council considered the above-referenced zone change at
their meeting of May 17, 1977. After the public hearing and
during the course of the discussion of the item, the Council
considered the staff report that sewer service was not available
to serve this property and the recommendation that the
Council consider denial of the zone change based on the public
facilities element of the general plan. After discussion, the
Council returned the matter to the staff for further report
on the public facilities element problem.
The City Council, on March 19, 1974, by the adoption of
Resolution No. 3382, adopted a public facilities element as"
a part of the City of Carlsbad General Plan. A copy of the
public facilities element is attached and it should be reviewed.
The Planning Department, in administering the element, has
included a discussion of whether or not the element was satisfied
in staff reports on planning matters. For those services provided
by the City of Carlsbad, the evidence presented to the Council
on the adequacy of services was contained in the staff report.
For those services provided by outside agencies such as water,
sewer or schools the evidence presented was a letter from that
agency stating that services would be available. The Council
is aware that frequently the agency conditioned such letters
on contributions from the developer toward the necessary services.
The primary effect of the public facilities element, as administered,
was to give such agencies the ability to secure contributions from
new development to help pay for the services necessary to serve
such development. In order to insure that the developer made
these arrangements with the other agencies, it was necessary to
require that the letters be submitted prior to the issuance by
the City Council of discretionary approval for the project. The
reason this was necessary was that in some cases there was a lack
of clear legal authority for requiring such contributions as a
condition of a building permit after the project had received
discretionary approval. In all cases where a letter was not
Mayor and City Council - -2- May 24, 1977
forthcoming, staff recommended denial. From time to time the
Council was asked to waive the letter requirement until some•
later stage of the process but the Council declined to make any
exceptions. In several cases Planning Commission or Council
consideration was deferred until a letter was forthcoming. In
no case has a development been approved without either staff
assurances that services were available or a letter.
The zone change at issue has satisfied all aspects of the public
facilities element with the exception of sewer service which is
provided by the City of Carlsbad. The staff report indicated
that in view of the sewer moratorium and the lack of sewer capacity
they were not able to represent to the Council that sewer service
would be available. The public facilities element requires
the Council find that sewer service is available before approving
the zone change and the only evidence before the Council is that
such service is not available. It would seem to me that the
legally correct resolution of this situation would be for the City
Council to deny the zone change on the grounds that it does not
comply with the public facilities element of the general plan.
If the City Council wishes to approve the zone change, the legally
correct way to accomplish that would be to first amend the public
facilities element of the general plan. An amendment could
encompass such exceptions to the public facilities element as the
Council might wish to make in order to allow various land use
approvals to continue to be processed and approved notwithstanding
the lack of sewer service. Such an amendment could remove sewer
service as a required public facility or allow the satisfaction
of the requirement in some manner after the discretionary approval
is given. If the Council's desire is to take this course of action,
the zone change should be tabled until such time as the necessary
amendment to the public facilities element can be made.
There is an alternative to the denial of the zone change or a
continuance until the public facilities element can be amended.
This third alternative recognizes the fact that the making of
findings is a matter for the Council's discretion. The public
facilities element requires that the Council make findings that
services are adequate upon evidence satisfactory to it. Based
on the evidence, it might be found that: nothwithstanding the
planning moratorium this zone change was in process and was
therefore excepted; that it involved a small area of property
and that the zone change would not result in a significant increase
in the permitted number of units; that the added demand on the
sewer system would be relatively insignificant; that the property
itself and the issuance of building permits therefor, would be
Mayor and City Council -3- May 24, 1977
subject to Ordinance No. 7047 precluding the issuance of
building permits until sewer service was available; that the zone
change could contain a note to be subscribed on the zoning map
that no building permits would issue without sewer; and that
development of the property could be made subject to any sewer
allocation system that the Council might adopt. The Council, if
they were prepared to make all the above findings, might conclude
that since no development of the property can occur until sewer
is available, the intent and purpose of the public facilities
element had been satisfied in regards to sewer in this particular
project and that the proposed zone change was in substantial
compliance with the element.
There are several problems with this alternative. The granting
of the zone change which is the last discretionary approval
for this project and the expenditure of funds by the applicant
in reliance of that zone change, could set up a claim of vested
rights to a building permit. If any additional sewer were obtained,
the Council could be subjected to considerable pressures to exempt
this project from such sewer allocation system as might be adopted.
The validity of the public facilities element has the best chance
of being sustained in the event of a legal challenge if it includes
all public services and is applied in a consistent manner. Grant-
ing a change of zone without evidence that all services are avail-
able at that time could weaken the element. Finally, the public
facilities element has worked as well as it has because it has
been applied without exceptions. Granting this exception could
result in other requests for exceptions for sewer and other
services and cause future difficulties for the Council. Neverthe-
less, assuming that Council was able to make the findings, the risk
of legal difficulties in approving the zone change could be
minimized since there are relatively few projects in similar
circumstances that were caught in process by the moratorium and
the project itself is essentially small and insignificant in terms
of number of units and potential effect on our sewer system.
Inclusion of the conditions 'and note on the zoning map (for which
there is no legal authority) would at least put the property owner
and any subsequent purchasers on notice of the City's position
in the matter. Finally, our legal position in regards to conditioning
building permits on sewer availability is better than that which
pertains to other public facilities such as schools.
The resolution denying the zone change and a resolution and
ordinance approving it have been prepared. The findings contained
Mayor and City Council -4-May 24, 1977
in the resolution of approval are suggestions only. The Council
should reconsider the staff report and the rest of the evidence
introduced at the public hearing and reach their own findings
and decision, making any necessary changes that may be required
in the suggested documents to bring them into accord with the
Council's action.
VINCENT F. BIONDO, JR.
City Attorney
VFB/mla
Attachment
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PUBLIC FACILITIES ELEMENT OF THE
GENERAL PLAN FOR THE CITY OF CARLSBAD
I. Introduction
The City" of Carlsbad is obligated by State law to adopt
and implement a comprehensive general plan. In order to provide
a complete and comprehensive plan for development of the community
in accord with the General Plan it is essential that provisions be
•made for adequacy of public facilities.
II. Purpose
A substantial impact will be created on existing public
facilities, including schools, as new subdivisions and other de-
velopments occur in the now undeveloped portions of the Carlsbad
planning area. In addition, such development will create the
need for many new public facilities. The subdivision approvals
and zone changes and other approvals necessary to such development
must be accomplished in accord with the General Plan. It is a
.basic element of the General Plan that areas planned for residen-
tial use will not be put to such a use nor zone changes or sub-
division approvals considered until the City can be assured that
all necessary public facilities for the area to be developed can
and will be available concurrent with need. The quality of the
subdivision and zoning ordinances and the manner of their admin-
istration will greatly affect the character of the future city.
In order to implement this General Plan, it will be necessary to
carefully administer the subdivision and zoning processes to insure
that all necessary public services are made available concurrent
with need.
The existence of adequate public facilities and services
must be established prior to any discretionary actions by the City
of Carlsbad, including, but not limited to, the enactment and
amendment of the zoning ordinance, the issuance of zoning variances
the issuance of conditional use permits, and the approval of
tentative subdivision maps.
III. Goal
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To provide a comprehensive public services and facilities
and public building program for the citizens of the City of Carlsba
now and in the future so as to insure that all necessary public
facilities will be available concurrent with need in connection
with the development of the City pursuant to the balance of the
General Plan. " .
IV. Policy
Before giving approval to zoning, rezoning, development or
redevelopment proposals, the public health and safety and the gen-
eral welfare of the community and all its citizens require that
the proponent of any such actions shall present evidence satis-
factory to the City Council that all necessary services and facil-
ities will be available concurrent with need.
EXHIBIT A
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RESOLUTION NO.5111
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, ANNOUNCING FINDINGS
AND DECISION REGARDING CHANGE OF ZONE (ZC-192)
FROM R-l-7500 TO RD-M-Q ON PROPERTY GENERALLY
LOCATED ON THE WEST SIDE OF HARRISON STREET
BETWEEN CHINQUAPIN AVENUE AND LOCUST AVENUE.
APPLICANT; TOM BEVILAQUA (AGENT)
WHEREAS, on April 27, 1977 a duly advertised public hearing
was held before the Planning Commission in the manner prescribed
by law to consider a change of zone from R-l-7500 to RD-M-Q on
/property as shown on map marked ZC-192, Exhibit A, attached
hereto and made a part hereof; and
WHEREAS, at the conclusion of said hearing the Planning
Commission of the City of Carlsbad adopted Resolution No. 1363
recommending saj-d zone change which is herewith referred to and
made a part hereof; and
WHEREAS, on May 17, 1977, the City Council held a public
hearing on the matter, received all recommendations and heard
. -* *-_
all persons interested in or opposed to the proposed change of
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zone; and f.
WHEREAS, the Planning Director has determined that said
change of zone will have a nonsignificant impact on the environ-v*
ment and a Negative Declaration has been prepared and filed
in satisfaction of the requirements of. the City of Carlsbad
Environmental Protection Ordinance of 1972 and the California
Environmental Quality Act;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Carlsbad as follows:
A. That the above recitations are true and correct.
B«- That the findings of the Planning Commission,
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• DC fsjK < o>VINCENT F. BIONOO, JTTORNEY - CITY OF C1200 ELM AVENUE-RLSBAD, CALIFORNIA< <
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contained in the aforementioned Resolution No. 1363, constitute
the findings of the Carlsbad City Council except in regards to
the public facilities element of the general plan in regards to
sewers. In that regard the Council's findings shall be as follows
1. On April 26, 1977 the City Council, by the adoption of
Ordinance No. 7047 applied a City-wide building moratorium to
the City of Carlsbad due to a lack of capacity in the Encina
Water Pollution Control Facility.
\p-, 2. This application was in process at the time the
moratorium was applied and was therefore allowed to continue
processing under the terms of the ordinance.
3. The proposed zone change is in accord with the land
use element of the general plan and will bring the zoning
applicable to the property into conformity with the general plan
as required by state law.
4. The approval of this zone change will not necessitate
•f «—
any immediate added demands on the sewer system since building
permits may not be obtained as long as Ordinance No. 7047 remains
in effect. Furthermore, the City Council intends by including
in the ordinance appropriate conditions to the effect that build-
ing permits will not issue without sewer to insure that the
property cannot develop until necessary public facilities are*
available and that development of the property would be subject
to any 'sewer allocation system that the City Council may hereafter
adopt.
C. That for all of the above reasons the City Council is
satisfied that the purposes and intent of the public facilities
element-have been satisfied for this particular approval.
2.
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PASSED, APPROVED AND ADOPTED at a meeting of the City
an adjourned
Council of the City of Carlsbad, California at / regular meeting
held on the 14th day of June
vote, to wit:
AYES:
NOES:
ABSENT: None
, 1977 by the following
Councilmen Frazee and Packard, and Councilwoman
Casler
Councilmen Lewis and Skotnicki
ROBERT C. FRAZEE,
ATTEST:
MMjGAHffiT E. ADAJ4S,(City Clerk
(SEAL)
3.
EXHIBIT A-TO R"^dLUTlQN NO. S"///
COMPILED; FROM DATA\^>
SHOWN INjSAN DIEGO
BOUNTY ASSESSOR
300K 206 PAGE 120
>ARCEL 27 AND CITY
CARLSBAD OFFICIAL ZONING)
•AAP... - *\
ss Ko.ZC-nZ- Date Rec'd: 5/17/77 Dcc Date: 4/W77 pc Date 4/17/7.7_
Description of Request: ~2-£>&f=l C.t4&L\£*f=: F=H?^M g-l TO
Address or Location of Request: u)A/yon?
Applicant: L.M.
Brief Legal; -f^g".OF=^P. A)o. I
Assessor Page:
General Plan Land Use Description:
Existing Zone: f^~ ( __ ^
Acres: No. of Lots:
£LMV-\
. ,- Parcel: 2/7_
School District: __
Water Sanitation District:
Within Coast Plan Area:
I
Proposed Zone:
DU's DU/Acre
• Coast Permit Area:
FORM PLANNING 52
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ORDINANCE NO. 9485
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, AMENDING
TITLE 21 OF THE CARLSBAD MUNICIPAL CODE
BY AMENDING THE ZONING MAP TO GRANT A CHANGE
OF ZONE (ZC-192) WITH CONDITIONS FROM
R-l-7500 TO RD-M-Q ON PROPERTY GENERALLY
LOCATED ON THE WEST SIDE OF HARRISON STREET
BETWEEN CHINQUAPIN AVENUE AND LOCUST AVENUE.
APPLICANT; TOM BEVILAQUA (AGENT)
The City Council of the City of Carlsbad, California, does
ordain as follows:
SECTION 1: Title 21 of the Carlsbad Municipal Code is
amended by the amendment of the zoning map to grant a change
of zone (ZC-192) with conditions from R-l-7500 to RD-M-Q on
property as shown on map marked ZC-192, Exhibit A, attached
hereto and made a part hereof. Said amendment shall include
the following conditions:
1. No building permit may issue for development on this
property unless the City Manager determines that sewer service
is available.
2. This zoning approval shall be subject to such sewer
allocation system as the City Council may hereafter adopt.
EFFECTIVE DATE: This ordinance shall be effective thirty
days after its adoption, and the City Clerk shall certify to
the adoption of this ordinance and cause it to be published
at least once in the Carlsbad Journal within fifteen days
after its adoption.
INTRODUCED AND FIRST READ at a meeting of the Carlsbad
City Council held on the 14th day of June / 1977
and thereafter
COooCMCD
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PASSED AND ADOPTED at a meeting of said City Council
held on the 21st day of June , 1977, by the following
vote, to wit:
AYES: Councilmen Frazee, Packard and Councilwoman Casler.
NOES: Councilman Lewis.
ABSENT: Councilman Skotnicki.c /j
ROBERT C. FRAZEE, Mayor
ATTEST:
/l^4 a ^ //. ^^01
MARGARET E. ADAMS, City Clerk
NORA K. GARDINER, Deputy City Clerk
(SEAL)
2.
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DM PI LED FROM DATA\^
HOWN IN SAN DIEGO
OUNTY ASSESSOR
iOOK 206 PAGE 120
ARCEL 27 AND CITY OF
:ARLSBAD OFFICIAL ZONING)^
I Ar. . . ^Hi NOTE :"- \V
1.. No building permit .may issue for development onVhis property
unless the City Manager determines that sevter service is available.
2. This zoning approval shall'ba subject to- such sewer
system as the City Council \nay hereafter adopt.
L-a. .
Case KO.ZC-H2. Date Rec'd: 3/17/77 DCC* •/
Description of Request: ~2Ldi^f=l C.\4.&i^<^f=~ FT:
Date: 4/1^/77 PC Date 4/17/77/-/'/-- / / /
?AM R-l To RJ>-f^\-O
Address or Location of Request: lO/S G>P= f-{A^E
£M/Aj<3UA.PiO A^U^, /\AJO l_O<:oS"T~
Applicant: L.M. pA,H oS.
»",,..,. A,. ftv"l->
Brief Legal: -P^e. OP T^. tzx OF= THu
Assessor Book: -2z>^ Paqe: i^.C>
J.\^Af,^ ^5T*. RsT"^-i^^JAver.
M /^.^J^D^ /M^P- MO (£>S/\1 ^. ~ ^
•• , Parcel: 2.7
General Plan Land Use Description: ^MV-^
Existing Zone: ££-( ' Proposed
Acres: .6y No. of Lots: |
School District: CAet^R^D fiMiP^iSD
Water Sanitation District: CITY
Within Coast Plan Area: V^5 •• . • .
Zone: RD-M
'DU's DU/Acre
•
Coast Permit Area: VX5. _ _ . •
FORK PLANKING 53