HomeMy WebLinkAbout1977-09-20; City Council; 5195; ZC 196 From C-2 to CT-Q and R-P-Q City Initiated General Plan consistency rezoning La Costa Avenue and El Camino Real Southeast cornerCITY OF r"RLSBAD
' "* ^ ' ^ Initial:
AGENDA BILL NO. ^7^T" Dept. Hd.
DATE: September 20y 1977 City Atty
DEPARTMENT: PLANNING City Mgr.
SUBJECT:
ZC-196, From C-2 to CT-Q and R-P-Q, City initiated General Plan
consistency rezoning La Costa Avenue and El Camino Real (Southeast
corner). :STATEMENT OF THE MATTER
As part of the rezoning project to bring zoning into consistency with the General Plan,
staff initiated rezoning areas designated in the General Plan as Travel Service to be
rezoned to the new Commercial Tourist Zone. During the hearing many people protested
rezoning of these properties. The Planning Commission tabeled the hearings and asked
that the staff review the appropriateness of the General Plan and the CT Zone.
One of the sites chosen for rezoning is the property that contains the application
for GPA-48. Staff originally suggested the rezoning be from C-2 to C-T-Q and R-P-Q to
implement the General Plan of T-S (Travel Service) to C (Community Commercial). This
meant that the new zone could not be determined until decision on the General Plan
was made. However, so both the General Plan Amendment and the rezoning could be heard
at one time staff renoticed ZC-196. This allows the City to make- zoning consistent
with the General Plan at the same time as considering the General Plan Amendment. Since
there were various possible actions the City could take staff submitted the options
available for zone consistency. These zone options are listed in the memorandum dated
August 24,1977.
The Commission recommended that the General Plan be changed to Neighborhood Commercial
at this site. Normally the C-l (Neighborhood Commercial) would be the appropriate
zone. However, the Planning Commission felt that the present C-2 Zone will provide
for Neighborhood as well as permit a restaurant with alcoholic beverages as proposed
by the applicant. The Commission recommended that a "Q" Overlay Zone be placed on the
existing C-2 Zone so that development geared to Neighborhood Commercial could be
assured and that access and grading would be reviewed by the Planning Commission.
EXHIBITS
Planning Commission Resolution No. 1400
Staff Report dated June 22, 1977
Memorandum to Planning Commission dated, August 24, 1977
RECOMMENDATION
The Planning Commission recommended that ZC-196 be from C-2 to C-2-Q to implement
the General Plan as amended by GPA-48. If the City Council concurs, it is recommended
that the City Attorney be directed to prepare document as per Planning Commission
Resolution No. 1400.
If the City Council returns previous action on GPA-48 to the Planning Commission,
staff then recommends that ZC-196 also be returned to Planning Commission so it can
be made consistent with the General Plan. '
(/ o
FORM PLANNING 73
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PLANNING COMMISSION RESOLUTION NO. 1400
RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A ZONE CHANGE FROM C-2 TO C-2-Q
ON PROPERTY GENERALLY LOCATED ON THE SOUTH-
EAST INTERSECTION OF EL CAMINO REAL AND LA
COSTA AVENUE.
CASE NO: ZC-196
APPLICANT: CITY OF CARLSBAD
WHEREAS, a verified application for certain property as
shown on the attached map, Exhibit "A", 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. Planning Commission did on the 24th day of
August, 1977, hold a duly noticed public hearing as prescribed
by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering
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 Q-Zone would allow conditions to be placed on future
development to mitigate the identified environmental impacts.
2) The Q-Zone would allow future review of the City prior to
development to insure compatibility with surrounding dev-
elopment.
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 in view of the findings heretofore and considering
the applicable law, the decision of the Planning Commission
is to approve ZC-196 located on thex"south east intersection
of El Camino Real and La Costa Avenue.
XXX
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PASSED, APPROVED AND ADOPTED at a regular meeting of the
City of Carlsbad Planning Commission held on August 24, 1977 by
the following vote to wit:
AYES:
NOES:
ABSENT:
Commissioner Larson, Rombotis, L'Heureux, Watson,
Fikes, Jose, Woodward.
None.
None.
ERIC LARSON, CHAIRMAN
ATTEST:
C. HAGAMAN< SECRETARY
.2
o
A COSTA «v p^-gSSSg
4OO
ZC-196 •/:
C-2 TO
C-2-Q >Q
J5O
\ * f*r- *^ -y*"
32.95 *\ OC.*^ OC»^\ ___ — -i"±y— — j- ..... •
ZONE CHANGE 196 COMPLIED FROM OFFICIAL 500 SCALE ZONING
ATLAS PAGE 11, CITY OF CARLSBAD, CALIFORNIA,
EXHIBIT "A"A"
STAFF REPORT
DATE: JUNE 22, 1977
TO: PLANNING COMMISSION
FROM: PLANNING DEPARTMENT
CASE NO: ZC-196
APPLICANT: CITY OF CARLSBAD
REQUEST: CITY INITIATED ZONE CHANGE FROM C-2 TO CTQ AND RPQ ON
CERTAIN PARCELS LOCATED AT THE SOUTHEAST CORNER OF LA
COSTA AVENUE AND EL CAMINO REAL.
SECTION I. RECOMMENDATION
Staff recommends that ZC-196 be approved for the following reasons:
1) General Plan Consistency; The proposed zone change is consistent with
the general plan because the general plan land use map designates the
Travel Services category for this area. The change -will have no
adverse effect on any element of the general plan. The zone change
is mandated by section 65860 of the government code.
2) Environment; The proposed, zone change is consistent with the Carlsbad
Environmental Protection Ordinance of 1972 because a Negative
Declaration was issued for the following reasons:
a) The zone change will not effect the existing environment.
b) The zone change is mandated by section 65860 of the government
code.
3) Public Facilities: The proposed zone change is consistent with
applicable City public facility polices and ordinances because the
subject change will not result in any impacts on public facility
availability.
SECTION II. BACKGROUND
1) Location and Description; The subject area is located at the south-
east corner of La Costa Avenue and El Camino Real and extends south
almost to Perenne and over 600 feet to the east. The topography is
flat at the corner then rises rapidly to the east and south (See exhibit
A & B)
2) Existing Zoning;
Subject Property: C-2
North: C-2
South: P-C
East: P-C
West: C (County)
-1-
3) Related Cases: The City has been using rezoning to acheive general
plan consistency since adoption of the Land Use Element in 1974
(ZC-155, 156, 160, 161, 162, 167, 168, 191, 196 and 195).
4) Environmental Impact Information; A Negative Declaration was issued
for the following reasons:
1) The zone change was mandated by Section 65860 of the government
code.
2) The zone change will have no effect on the existing environment.
5) General Plan Information; The proposed zone change would bring the
zoning of this area into consistency with the general plan. The
general plan designates this area (Exhibit A & B) as Travel Service
and Professional and Related Commercial.
6) Travel Service Commercial; The general plan land use element contains
a Travel Service category, a relatively specific land use, intended
to serve tourists and the traveling public. Uses would include
travel services such as motels, hotels and restaurants.
7) Professional and Related Commercial; This general plan land use
category designates areas which are suited to office and professional
uses, including supportive related commercial uses.
8) Commercial Tourist Zone; This zone was adopted early in 1977 to
implement the Travel Service category of the general plan. The
purpose of this zone is to provide for the development and use of
certain types of commercial businesses near transportation centers,
recreation areas or inclose proximity to highways and freeways used
by interregional traffic.
9) Residential Professional Zone: This is an existing zone created to
provide areas for the development of certain low-intensity businesses
and professional offices and related uses in locations in conjunction
with or adjacent to residential areas and to provide transitional
light traffic generating commercial areas between established res-
idential areas and nearby commercial or industrial development.
10) Major Planning Considerations; Will such a zone change negatively
effect the subject or surrounding properties?
SECTION III; DISCUSSION
Please see summary sheet Exhibit "A" for discussion.
Attachments;
.SuTitnary Sheet Exhibit A
Location flap
Letter from William Burnett dated 6/13/66
Letter from Bud Plender dated 6/16/77
CDG:ar
6/10/77
-2-
To CTO,
P-C
ZC-196
SUMMARY SHEET EXHIBIT "A"
DISCUSSION:
Section "A"
The General Plan designates area indicated as A, above as TS Travel Service. Parcels 10 & 11
are undeveloped at this time. Parcel 11 has a small grassy area with a sign advertising the
La Co.-;ta development. Topography at the intersection is fairly level but rises sharply to the
east and southeast.
If the Commission determines that this section should be rezoned Commercial Tourist (CT), then
the Q-Overlay Zone should be applied to this area. The overlay zone would ensure that dev-
elopnvont of the two parcels would be in conjunction with one another. It would also protect
acjainst the potential traffic problem which could be created at the intersection of El Camino
Real and La Costa Avenue.
Section "B"
The General Plan has designated Section "B" as "0" Professional and. Related Commercial. The
site is undeveloped and zoned C-2. The C-2 Zone is not consistent with the "O" designation
since C-2 permits nearly all commercial uses. The proper zone is Residential-Professional (RP)
Zone to acheive consistency with the General Plan. If the RP Zone is applied it would permit
office and related commercial uses, but would prevent residential use because RP Zone specifi-
cally states that residentail is permitted only as indicated on the General Plan. Since the
General Plan does not give any density for that area, residential is not permitted. The RP
Zone would also act as a buffer between the commercial activities of Section "A" and the sur-
rounding planned community residential areas. The Q-Overlay zone should also be applied to this
area to provide that development will be compatible with surrounding areas and to insure compli-
ance with the General Plan.
It is staffs' recommendation that Section "A" be rezoned from C-2 to CT-Q and that Section
bo rezoned from C-2 to RPQ for the reasons stated above.
CDG:ar
"B"
BURNETT DEVELOPMENT COMPANY
Junel3,1977 RECEIVED
JUN 14 1977
Planning Department Ch V OF CARLSBAD
City of Carlsbad . nsnnm^ D^psrtmsnt
Carlsbad, California
Re: 16.70 Acres, SEC El Camino Real
and La Costa Boulevard
Gentlemen:
I am directing this letter in regard to the proposed change of zone of the
referenced property from Neighborhood Commercial to Travel Service and
Professional.
I am presently involved in the purchase of this property and, having evaluated a
number of factors concerning its size, topography, configuration and location,
have determined, in my best judgment, that the property is best suited for
development which is'not entirely consistent with the proposed change of zone.
Based upon a preliminary analysis of the property as conducted by myself, my
architect and the realty firm of Coldwell Banker, I believe it would be in the best
interests of the City of Carlsbad to consider a General Plan Amendment to
designate the land use of the property as Community Commercial in lieu of
Travel Service and Professional, and in connection therewith, I am attaching with
this letter, an Application For General Plan Amendment.
I am currently in the process of preparing a preliminary plot plan of my proposed
development of the property. At this time, the development would include a
major market, drug store, restaurants, theater, an office/financial complex to
include a bank, savings and loan and professional offices, plus additional stores to
accommodate approximately 30 specialty retail and service related uses.
Because of the substantial nature of the project, the myriad of intended uses, its
location, size and relation to a residential area which is experiencing dynamic
changes, it would appear that a Community Commercial land use would be more
appropriate to meet the immediate and long term needs of the community, and
the long range objectives of the City of Carlsbad.
Pacific Mutual Building • 523 West Sixth Street • Los Angeles, California 90014 • (213) 680-9315
-2-
It is my understanding that the Planning Commission has scheduled its meeting of
June 22 to initiate the change of zone on this property to Travel Service and
Professional. If possible, I would like to request the Planning Commission to
delay any further action on the change of zone until I have the opportunity to
discuss the proposed development with you and the Planning Commission in
greater detail.
It .is because I well realize the importance of this property, and the impact of its
development on the City of Carlsbad and the surrounding community, that I hope
to be able to work closely with you in developing a project which is proper and in
the best interests of all concerned.
Very truly yours,
WiUiam F. Burnett
WFBrlw
Enc.
June 16, 1977
Mr. William F. Burnett
Burnett Development Co.
Pacific Mutual Bldg.
523 V/est Sixth Street
Uos Angeles, CA 9001*}
Re: Property on SEC of El Camfno Real and Lo Costa Avenue
Dear Hr. Burnett:
In response to your letter of June 13th, staff feuIs that there Is no
guarantee a General Plan Amendment'wlH be approved for this area. The
City will continue with the zone change process as staff feels ZC-196
Is necessary for the following reasons:
1. The CT zone Is consistent with the Travel Service cate-
gory of the General Plan which has been designated for
this area.
2. Current zoning (C-2) Is Inconsistent with the General
Plan which Is contrary to Section 65860 of the Govern-
ment Cods.
3. Current zoning would allow commercial uses to be built
on the site without any discretionary action.
The approval of ZC-l?& at this tlma would not rule out the possibility
of a General Plan Amendment at a later date. One of the Important rea-
sons for considering ZC-196 at this time Is the application of the Q-
overlay zone which will provide for Integral development of the area.
Your letter will be made part of the staff report'for the June 22, 1977
hearing. If you have any further questions, please contact the City at
729-1181 and ask for Planning.
Sincerely,
Bud Plender
Assistant Planning Director
ftPsCDGiar
MEMORANDUM
August 24, 1977
TO: Planning Commission
FROM: Planning Department
SUBJECT: ZC-196 Options
The attached staff report for ZC-196 was presented to the Planning
Commission at a public hearing on June 22, 1977. At that time, all
of the proposed C-T rezonings were tabled pending further direction
by the City Council. Since the Commission was to consider a General
Plan Amendment for most of the property included in ZC-196, staff
felt it desirable to return ZC-196 to the Commission at the same
time. The Planning Commission concurred with staff in this regard
on July 27, 1977.
Depending on what action is taken on GPA-48, the Planning Commission
would have the following options in rezoning the subject property:
1. If the Commission follows staff's recommendation to deny GPA-48
and leaves the present TS and O designations on the Land Use Plan,
the appropriate action would be to approve ZC-196 as outlined in
the staff report.
2. If the Commission approves GPA-48 as requested by the applicant,
staff would urge that ZC-196 be approved to apply the Q-zone
overlay to the existing C-2 zoning on the property. The notice
for the public hearing on this matter would allow such an action.
3. If the Commission changes the General Plan designation to anything
other than discussed in No, 1 or 2 above (TS and 0 or C), State
law requires a minimurrr 14, day delay prior to rezoning. If this
is done, staff will return the appropriate zone change action
to your body as soon as possible.
Attachment:
Staff Report dated June 22, 1977
MZ:s
Agenda Bill 5194 - William Burnett
CASE NO. GPA-48 From T-S (Travel Services Commercial) and O (Professional and
Related Commercial) to C (Community Commercial)
Existing
Proponents
Staff Recommends
Planning Commission
Recommendation
GENERAL PLAN
TS & O Travel Service and
and Related Commercial
C Community Commercial '
TS & O
Professional
N Neighborhood Commercial
GENERAL PLAN DESIGNATIONS
ZONE
C-2 General
Commercial
C-2
T-C Tourist Commercial
C-2 Q
1.T-S Areas. This is oriented towards the following types of uses: Motels, Service
Stations, Restaurants, usually taking place on five acres or more of land.
Access is controlled to minimize traffic congestion. It is intended that the uses
have a minimum effect on surrounding land uses.
2.N - Neighborhood Commercial center or area has two types of uses:
A). Neighborhood convenience establishments which would serve a residential area with
service uses intended to be located near a residential area allowing walk in
trade - usually in a range of 2 to 3 acres., *"
B) Neighborhood shopping center which would have larger grouping of stores and
shops such as supermarkets, hardware stores, drug stores, specialty shops,
professional offices and would usually be located in the periphery of
residential areas being two to four in number and would be at the intersection
of collectors or arterial streets. It would usually be located on 5. - 10 acres.
3. C Community Commercial. Wide range of facilities with convenience goods and services,
professional offices, supermarkets, restaurants, movie theaters and banks. ; •
Larger volume retail units and would serve an area within one and one-half miles
of the center of between 5 - 15,000 families. Would closely be related to
residential developments and could be combined with local neighborhood shopping
centers which tend to be located at intersections of arterial streets and
range in size from 6-12 acres.
ZONES
1. C-T Commercial Tourist Zone. Permitted uses hotels, motels, restaurants,
accessory uses such as apparel, service commercial uses and service retail stores.
2. C-l Zone. Permitted uses are business professional offices, service commercial uses,
restaurants.general retail stores. No on site sale of liquor. Hotels, Motels.
3. C-2 Zone. Permitted uses - everything in the C-l zone - auto repairing, upholstery
shops - on sale of liquor and retail or wholesale businesses catering directly to
the public.
The Planning Commission recommendation is for a change to N designation in the General
Plan which does not include the corner parcel and the C-2 Q zoning which does include
the corner parcel.
This GPA was accepted because it is located in the Leucadia Sewer District.