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HomeMy WebLinkAbout1977-11-01; City Council; 5195-1; Report from Planning Commission ZC-196 Zone Change Request Southeast Corner of La Costa and El Camino Real C-1-Q City of Carlsbad^x CITY OF "RLSBAD - % ' • ' Initial: AGENDA BILL NO. SIQS . . .g»rp3 ement . ^ _ x _ Dept. Hd. DATE: _ NOVEMBER i, 1977 _ City Atty DEPARTMENT: _ PLANNING _ City Mgr. SUBJECT: REPORT FROM PLANNING COMMISSIONZC-196, Zone Change Request, southeast corner of La Costa and El Camino Real (C-l-Q)- STATEMENT OF THE MATTER REQUEST; ZC-196 is a zone change request for property situated on the south east corner of La Costa and El Camino Real (Burnett). The item originally was accompanied with GPA-^tS, a General Plan Amendment that changed the Land Use from Travel & Office to Neighborhood Commercial on the site. Originally the Planning Commission recommended the change of zone to C-2-Q. The City Council felt, however, that the C-1 zone was the proper zone to implement the Neighborhood designation of the General Plan. The City Council also felt that some of the C-2 uses would be inappropriate at this location. Therefore the City Council suggested that the proper zone should be C-1-Q. Since this is contrary to the Planning Commission's recommendation, the action was returned to the Planning Commission for further report. The Planning Commission reviewed the City Council's suggestion of C-1-Q and have concurred that the zone should be C-1-Q. EXHIBITS: Staff Report dated, September 27, 1977 Staff Report dated, June 22, 1977 Planning Commission Resolution No. 1400 RECOMMENDATION: It is recommended that the City Attorney be directed to prepare documents approving ZC-196 as per Planning Commission Resolution No. 1^00 as to C-1-Q as modified by this report. Council action 11-1-77 The City Attorney was instructed to prepare the documents necessary approving ZC-196 in accordance with Planning Commission Resolution No. 1400 as to C-1-Q as modified by report. FORM PLANNING 73 MEMORANDUM DATE: September 27, 1977 TO: Planning Commission FROM: • Planning Staff RE: ZC-196 On September 20, 1977, the City Council heard ZC-196 and returned it to the Planning Commission for further report. The request was a City initiated change of >zone from C-2 to C-T and R-P on property situated on the southeast corner of Sunny Creek Road and La Costa. The Planning Commission recommended the zone be changed to C-2-Q. However the City Council has suggested that the property be rezoned C-l-Q instead of C-2-Q. ZC-196 was a follow-up action with GPA-48, which was a request to change the land use from Travel Service and Office to Neighborhood Commercial. The City Council approved GPA-48 changing the designation of subject property to Neighborhood Commercial. The Planning Commission felt that the C-2-Q zone is compatible with the Neighborhood Commercial in that the C-2 zone allows all commercial uses needed for a neighborhood zone. Also, the C-l zone is too restrictive since it does not allow on-sale alcohol, which the applicant had proposed on this site. The Planning Commission felt that the Q-Overlay Zone would give the City the appropriate mechanism to insure proper development especially as it pertained to access and grading. Although the City Council concurred with the Planning Commission on GPA-48 to allow Neighborhood Commercial at this site, they did not find the C-2 zone as the proper for implementation. They felt that the C-2 zone allows some uses that are not conducive to good neighborhood shopping. Recognizing the Planning Commission reason for the C-2 zone (to permit on-sale alcohol), the City Council directed the Planning Commission to consider alternative methods. Therefore, at the same time they requested Planning Commission to consider C-l-Q, the City Council directed.the Planning Commission to consider allowing a restaurant with alcoholic beverages by a Conditional Use Permit in the C-l zone. This amendment has been noticed and will be heard the same night as this report. Staff concurs with the City Council that the C-l zone is the Neighborhood Commercial Zone and therefore should be used, to implement the Land Use Category "Neighborhood Commercial". Staff acknowledges that the C-l zone is weak and there are doubts in its ability to implement the General Plan. However, we anticipate changes in the C-l zone to better reflect the intent and purpose of Neighborhood Commercial. Therefore we feel at this time that the City should use the C-l to implement the Neighborhood. Commercial land use and C-2 zone for other compatible land uses such as Community Commercial. Recommendation: It is recommended that the Planning Commission submit this report to the City Council agreeing that the C-l-Q is -the proper zone to implement the Neighborhood Commercial Land Use Category of the General Plan and that ZC-196 be changed to C-l-Q. Attachments Staff Report dated June 22, 1977 Excerpts Planning Commission Minutes 8-24-77 Excerpts City Council Minutes 9-20-77 BP:jp 10/6/77 — 2— 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 PARCEfLS LOCATED AT THE SOUTHEAST CORNER OF LA COSTA AVENUE AND EL CAMINO REAL. SECTION I. RECOMMENDATION Staff recommends that ZC-195 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 rezonintj 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 government1 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? I SECTION III; DISCUSSION Please' see summary sheet Exhibit "A" for discussion. Attachments; Exhibit "A" dated 6/9/77 Exhibit "B" dated 5/31/7.7 CDG:ar 6/10/77 -2- .agooli ToCTO, o ZC-196 SUMMARY SHEET EXHIBIT "A" [5CUSSION; action ."A" le General Plan designates area indicated as A, above as TS Travel Service. Parcels 10 & 11 :e undeveloped at this time. Parcel 11 has a small grassy area with a sign advertising the i Costa development. Topography at the intersection is fairly level but rises sharply to the ist and southeast. : the Contnission determines that this section should be rezoned Commercial Tourist (CT), then le Q-Overlay Zone should be applied to this area. The overlay zone would ensure that dev- .OjTtrent of the two parcels would be in conjunction with one another.. It would also protect jainst the potential traffic problem which could be created at the intersection of El Camino and La Costa Avenue. iction "B" - le.General Plan has designated Section "B" as "0" Professional and Related Commercial. The .to is undeveloped and zoned C-2. The C-2 Zone is not consistent with the "0" designation Jicc C-2 permits nearly all conroercial uses. The proper zone is Residential-Professional (RP) >no to acheive consistency with the General Plan. If the RP Zone is applied it would permit fice and related commercial uses, but would prevent residential use because RP Zone specifi- lly states that residentail is permitted only as indicated on the General Plan. Since the ^eral Plan does not give any density for that area, residential is not permitted. The RP >no would also act as a buffer between the commercial activities of Section "A" and the sur- unding planned community residential areas. The Q-Overlay zone should also be applied to this ea to provide that development will be compatible with surrounding areas and to insure compli- ce with the General Plan. is staffs' recommendation that Section "A" be rezoned from C-2 to CT-Q and that Section "B" rezoned from C-2 to RPQ for the reasons stated above. CDG:ar S»6""*' BURNETT DEVELOPMENT COMPANY June 13, 1977' -ti'llLJ ^U IK II V . • JUN 1 ; i977 Planning Department ^i! V Oh O.RLSBAD City of Carlsbad ^-"^n^ f^.-vrirn-vr 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, .' William F. Burnett WFBrlw Enc. June 16, 1977 Mr. William F. Burnett Burnett Development Co. ' Pacific Mutual aidg. 523 V/est Sixth Street Los Angeles, CA 900 Mi Re: Property on Sf.r. of H Dear Mr. Burnett: R-al -TV! I -. t,; In response to your Ir-ttor of June? )3th, sto<i i' guarantee! a General Pl^n Amendment v'lll be appn'-' City v/l 1 1 continue v.'ji.h the zcrio ch^nqe procoss -:\-- is necessary for the following reasons: .••MUM i that thc.ro. 1> •-)-.,• - f>r this nrt!.'i. T: iTf fi:cl& ZC-H-'' 1. The CT zone Is consistent with the Travel Sorvlcn en re- gory of tho Gr.ne.r.il flan which has bc-ti dxMjignate-J for this area. 2. Current zoning (C-2) Is Inconsistent with the General Plan which Is contrary to Section 65360 of the Govern- ment Code.. 3« Current zonlnq would allow commercial uses to bo built on the site without any discretionary action. The approval of ZC-19& at this time 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 tlmo Is the application of the Q- overlay zone which will provide for Integral dcvelonnnnt of tho oreo. Your letter will be made part of the staff report- for the June 22, l?/7 hearing. If you have any further questions, please contact the City at 729-1181 and ask for Planning. Sincerely, Dud Plender Assistant Planning Director BPiCDGiar PLANNING COMMISSION RESOLUTION NO. 1400 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING 5 APPROVAL OF A ZONE CHANGE FROM C-2 TO C-2-Q ON PROPERTY GENERALLY LOCATED ON THE SOUTH- 4 EAST INTERSECTION OF EL CAMINO REAL AND LA WHEREAS, a verified application for certain property as D shown on the attached map, Exhibit "A", has been filed with the 9" 10 11 12 13 14 15 16 17 18 19 23 24 25 27 28 COSTA AVENUE. CASE NO: ZC-196 APPLICANT: CITY OF CARLSBAD 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 the south east intersection of El Camino Real and La Costa Avenue. XXX 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 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: Commissioner Larson, Rombotis, L'Heureux, Watson, Fikes, Jose/ Woodward. NOES: None. ABSENT: None. Eirrc LARSON, CHAIRMAN ATTEST: 2m£S C. HAGAI-IAN^ SECRETARY LA COSTA * +~; •%» »~ •*«• v* $ 4CO ZG-I96 '.'- FROM C-2 C-2- TOYi J5O S2.95 sp / " *~ *:~/~~~ .-^-•;-4i ZONE CHANGE 196 COMPLIED FROM OFFICIAL 500 SCALE ZONING ATLAS PAGE 11, CITY OF CARLSBAD, CALIFORNIA, EXHIBIT "A"