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HomeMy WebLinkAbout1978-02-07; City Council; 5322; Appeal Planning Commission Action Regarding Rezoning Highland Ave ZC 186(A)CITY OF CARLSBAD AGENDA BILL NO. DATE: February 7. 1978 DEPARTMENT:Planning Initial; Dept. Hd. City Atty City Mgr. SUBJECT: APPEAL OF PLANNING COMMISSION ACTION REGARDING ZC-186(A) - REZONING HIGHLAND AVENUE APPLICANT: CITY INITIATED APPELLANT: ROSS WINTON STA'TEH'ENT OF THE MATTER On October 5, 1977, the Planning Commission denied the City initiated rezoning of property generally situated on Highland Avenue, north of the Agua Hedionda Lagoon. The request was from R-l-15,000 Zone to R-l-10,000. This rezoning would permit lot splitting of some of the larger lots in the area that are 20,000 square feet or greater that could not presently be split with the present 15,000 square foot lot minimum. There were a number of supporters to this change of zone. However, the majority of the people of the area were in opposition, and submitted a petition in protest. The application has a rather complicated and lengthy history. For your information, staff prepared the attached memorandum dated January 5, 1978. Staff recommended approval because it was felt that the area would not be sig- nificantly changed by the rezone with little potential increase in density. Approval would add only 11 additional parcels over the present potential. The application was initiated by Mr. Ross Winton in December, 1977, therefore, it was processed as an on-going application prior to the planning moratorium of April, 1977. EXHIBITS Letter from Thomas Wood requesting the appeal dated November 18, 1977. Memorandum to City Manager from Planning Director dated January 5, 1978. Planning Commission Resolution No. 1407 Staff Report dated September 28, 1977 Petition in opposition to request. Exhibit "A", dated January 5, 1978, Exhibit "B", dated January 5, 1978. Letter from Thomas Wood,Atty. dated January 27, 1978 RECOMMENDATION If City Council concurs with Planning Commission, they should refer matter-to the City Attorney for preparation of documents: rdenyingappeal. If the City Council concurs with staff as contained in staff report dated 9/28/77, the matter should be returned to the Planning Commission -for reconsideration. If the City Council wishes to consider the revised application as suggested by the applicant, the matter should be returned to the Planning Commission to consider the revised application and then return it to the City Council FORM PLANNING 73 AGENDA BILL NO. 5322 -2- February 7, 1978 2-7-78 Following the public hearing the matter was referred to staff for preparation of documents necessary to deny the appeal. ^R. THOMAS WOOD ATTORNEY AT LAW OOO GRAND AVENUE, SUITE C-7 P. O. BOX IS45 CARLSBAD, CALIFORNIA 9t;OO8 TELEPHONE 729-1159 November 18, 1977 Carlsbad City Council 1200 Elm Avenue Carlsbad, California 92008 Re: Planning Commission Resolution No. 1407 Gentlemen: Please be advised that, on behalf of Ross H. Winton and Joanne H. Winton, we hereby notify you of our intention to appeal Planning Commission Resolution No. 1407 which was approved on November 9, 1977 and request that said , matter be placed on your agenda. Please direct all notices to Mr. and Mrs. Winton care of my address. We anticipate that our presentation will present an alternative to the proposed rezoning area suggested by the Planning Commission staff. Yours truly, R. Thomas Wood RTW/mk MEMORANDUM January 5, 1978 TO: Paul Bussey, City Manager FROM: James C. Hagaman, Planning Director SUBJECT: ZC-186 (A), City initiated - Rezoning Highland Avenue. This application was originally initiated by Mr. Ross Winton for property address at 4460 Highland Avenue. Mr. Winton owns this lot of approximately 22,000 square feet, presently zoned R-l-15,000. The lot is developed with single family residence on the easterly portion and a vacant area on the westerly side, both portions have frontage along Highland Avenue. Mr. Winton's ultimate goal is to split the lot for development of another single family home on the vacant portion. Splitting the lot however, would create two lots below the 15,000 square foot minimum. Mr. Winton originally requested1 a zone change to R-l-10,000 (ZC-186), in December, 1976. In staff's -review of this request, it was noted that in the past similar requests were made- through the variance procedure. Evidently this was done because it was considered that the 15,000 lot size requirement was a development standard, not a land use designation. Staff, therefore, requested that Mr. Winton withdraw his request for rezoning and ask for a Variance to allow the splitting of his property into two lots less than the 15,000 square foot minimum. Mr. Winton did withdraw the request for rezoning, but before submitting for a Variance, staff further consulted with the City Attorney. It was then determined that State Law presently does not permit such Variances, and this was in fact a land use Variance, which are not permitted. Staff explained this to Mr. Winton and suggested that the rezoning be re-initiated, but that the application include additional lots to preclude spot zonings. Staff felt it would be inappropriate to rezone one lot in this R-l-15,000 zone district. Mr. Winton agreed and he contacted property owners in the area and found 9 other property owners that wished the rezoning to R-l-10,000, (See Exhibit "A", attached for properties owned by these people). Paul Bussey January 5, l'978 Page Two (2) Since these properties were not contiguous, staff requested that the Planning Commission initiate a rezoning of an area that would be logical based on topography and traffic increase. * The Planning Commission agreed and adopted a Resolution of Intention initiating the expanded rezoning. The subsequent report indicated an area that could be rezoned to R-l-10,000, that in staff's o'pinion would not have an adverse impact on the overall area or welfare of the City, (see attached Exhibit "B"). This expanded change of zone application was heard by the Planning Commission on September 28, 1977, and October 5, 1977. Many people in and around the subject area attended the meetings with most of them protesting. The protestors' submitted an opposition petition representing property owners of 41 properties. One of the protestor's had also signed the rezoning request, but had changed his mind. The protestors' were 'primarily con- cerned with the increase in traffic and the loss of the open character of the area. Upon review of the facts, and the request, the Planning Commission denied the rezone request as per Resolution No. 1407. As per the Zone Code, the denial of rezonings, Planning Commission action is final on denials. The attorney for Mr. Winton has now appealed this decision. In his letter of appeal, Mr. Wood indicates that they will present an alternative to the proposed rezoning. It is anticipated that Mr. Wood will ask the City Council to consider a smaller area composed of contiguous lots that would lend to the R-l-10,000 izone, and not adversely affect any other'-properties in the area. Possible:City Council actions are': 1) Uphold Planning Commission action by denying the appeal. 2) Return the item to the Planning Commission to consider approval of the item as recommended within staff report dated, 9/28/77. 3) Return the item to the Planning Commission to consider a revised application as suggested by the appellant. Attachments: Exhibit "A" dated, 1/5/78 - Petitioners Requesting Zone Change to R-l-10,000. Exhibit "B" dated, 1/5/78 - Lots Considered For Rezoning To R-l-10,000 As Per Planning Commission , Initiation BP:ar 1/5/78 •"• •*•' *" TO*•*•* 21 ^ 24 **' 28 PLANNING COMMISSION RESOLUTION -'tfO . 1407 RESOLUTION OF THE -PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, DENYING A ZONE CHANCE FROM R-l-15,000 TO R-l-10,000 ON PROP- ERTY ADJACENT TO AND ON THE EAST AND WEST SIDES OF HIGHLAND DRIVE BETWEEN CHINQUAPIN AND ADAMS STREET. ' CASE NO: ZC-186(A) 1 2 3 4 5 APPLICANT: ROSS WINTON , ET AL. 6 ~ WHEREAS, a verified application for certain property to 7 wit : 8 Assessor's Book No. 206, Page 192, Parcels 7, 8, 9, 10, - 12, 13, 15, 17, 20, 36 has been filed with the City of Carlsbad and referred to the •m Planning Commission; and WHEREAS, said verified application constitutes a request as provided by Title 21 of the Carlsbad Municipal Code; and i WHEREAS, the Planning Commission did on the 5th day of OctoLer, 1977, hold a duly noticed public hearing as prescribed • by law to consider said request; and WHEREAS, at said public hearing, upon hearing and consider- % ing the testimony and arguments, if any, of all persons who desired to be heard, said Commission considered all factors re- lating to the Zone Change and found the following facts and reasons to exist: 1) The present zone is consistent with the General Plan. » 2) The City needs a variety of residential lot sizes and the present R-l-15,000 zone represents this variety. 3) The R-l-10,000 would not be compatible with the existing lots in the area.* 4) The majority of the peo.ple in the area do not wish a zone change and have submitted a petition stating their request for denial of this zone change. •»"* 1 i 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 21 22 23 24 25 26 27 28 c NOW, THEREFORE, BE IT resolved by the Planning Commission i •of the City of Carlsbad* as follows: A) That the above recitations are true and correct, B) That in view of the findings heretofore mads and considering the applicable law, the decision of the Planning Commission is to DENY ZC~18G(A). PASSED, APPROVED AND ADOPTED at a regular meeting of the City of Carlsbad Planning Commission held on October 5, 1977, by the following vote, to wit: AYES: Commissioner Larson, Rombotis, Fikes, Woodward. NOES: None. ABSENT: Commissioner Watson. ABSTAIN: Commissioner, Jose, L'Heureux. ERIC LARSON, Chairmai: ATTEST: .2 ! ' " STAFF REPORT DATE: September 28, 1977 TO: Planning Commission FROM: Planning Department CASE NO.: ZC-186(A) APPLICANT: Ross Winton, et al REQUEST: Approval of a zone change from R-l-15,000 to R-l-10,000 on property adjacent to and on the east and west sides of Highland Drive between Chinquapin Avenue and Adams Street. The City of Carlsbad has initiated a change of zone over additional properties in the area. SECTION I: RECOMMENDATION Staff recommends Approval of ZC-186(A) based on the following findings: 1. General Plan Consistency: The proposed zone change is consistent with the General Plan because: a. The General Plan Land Use Map designates the subject properties as Low-Medium Density Residential (0-4 dwelling units per gross acre). b. The R-l-10,000 zone implements the uses permitted in the above designation. c. The subject properties are relatively flat and can be subdivided into 10,000 square foot lot with a minimum of grading as recommended by the General Plan. 2. Environment: The proposed zone change complies with the require- ments.of the Carlsbad Environmental Protection Ordinance of 1972 because: a. A Negative Declaration has been issued for the following reasons: i. The predominate land forms and vegetation of the area have already been impacted by grading and construction. ii. The potential increase of density in the area will not significantly affect traffic or public services. 3. Public Fatilities; The proposed zone change is consistent with applicable City Public Facilities Policies and Ordinances because: a. No public facility is affected directly by the proposed zone change. Future-discretionary action will be required prior to development at which time assurances of public facility availability, including schools and sewer, will be necessary. b. This application was from Ross Winton, et to the moratorium on processed by staff because the application al , was received on April 13, 1977, prior new planning applications. SECTION II: BACKGROUND Location and Description of Property: The 24 lots are located along both sides of Highland between Adams Street and Chinquapin Avenue. The lots are basically level at Highland, and the grade drops slowly in both east and west directions. Approximately 2/3 of the lots have houses on them with the other parcels being vacant. Existing Zoning: Subject Property: North: South: East: West: Existing Land Use Subject Property: North: South: East: West: R-l-15,000 R-l-10,000 RT & 0-S R-l-15,000 R-l-15,000 SFR and Vacant SFR SFR and Open Space SFR SFR History and Related Cases: V-250 - Variance approved in 1959 (P.C. Reso'No.112) to allow reduction of lot area from 15,000 square feet to 11,250 square feet. V-268 - Variance approved in 1960 (P.C. Reso. No. 157) to allow reduction of two lot areas from 15,000 square feet to 8,474 square feet and 10,692 square feet. V-210 - Variance approved in 1971 uction of three lot areas 14,764 square feet each. (P.C. Reso. from 15,000 746) to allow red- square feet to (2) Environmental Impact Information: The proposed zone change complies with the Environmental Protection Ordinance of 1972 because: 1. The area has already been impacted by grading and construction. 2. The potential increase of density in the area will not significantly affect traffic or public services. General Plan Information: The Land Use Element of the General Plan designates the area as RLM (Low-Medium Density Residential, 0-4 d.u. per acre) Pub!ic Facilities: The proposed zone change is consistent with applicable City Public Facilities Policies and Ordinances Major Planning Considerations: What effects will the proposed zone change have on the surrounding properties? Section III: Discussion Staff feels that the character of the area would not be significantly changed by the rezone because 11 of the existing 30 parcels are already less than 15,000 square feet. Six (6) of the substandard lots were approved by variance as previously noted. Staff also feels the potential increase of density created by the re- zone in insigni'ficant. Approval of the zone change would add the potential of only 11 additional parcels over those possible under the existing R-l-15,000 zone. Another critical factor in this area is the topography. Staff has included those parcels within the rezone area that are relatively level and proviide adequate buildable areas. The adjoining parcels to the east, west and south were excluded from the rezone area because of their steep terrain. The attached topo map shows this relationship. Staff feels that because of the present high percentage of lots less than 15,000 square feet, the relatively level topography of lots, and the adjoining R-l-10,000 properties to the north, the proposed zone change is viable and should have no effect on the adjoining properties. Attachment the Locat'ion Map Topography Map Map showing potential lot splits (3) \\Sfefe*tf-i£rt tfi P&l IM VII•mmil Case No.:2g~lg60ftDate Rec'd:4/{3/77 'DCC Date: %4/77 PC Description of Request:jm Address or Location 'or . Applicant:Engr. or Arch> Brief Legal : - OF= a .Parcel;'Assessor Book: __iGeneral Plan Land Use Description: Existing Zone: Ef-|-\^".GOO Proposed 'Zone: Acres: ' No. ot^Tots^^^ DU's School "District: £-A^-Sg><\C> Water' Sanitation Di strict: £.rry Within Coast Plan Area: ——»Coast" Permit Area FORM PLANNING 52 i. • K*S -v •%«:; '\vw • W mf-'^'F];,»^:SfelSsmMfc« 50 5050Q FEET Parcel* < ISJ fi.terft.al * of ZC-l86(a) FROM R-l-l5,Oa R-l-10,000 Case Rec 'd:4//3/77 'DCC Date: Description of Request: ZoMg: grfflM&g T~o - •/?-( - _---__,„-_ - r «- ****^ * i^-li ii 1 _ r * ^**"^ I ^^ V^rAddress or Location of Request: Applicanit ,^_ Engr. or Arch. Brief Legal: <.tP&5 AL a C/TV* 'Assessor Book:Page:Parcel: General Plan Land Use Description: _ f? | — KA ~Existing Zone: Acres: ' 'No. School District^ Water'Sanitation District: Within Coast Plan Area: _ — _ Proposed Zone: g»-\> DU's —— ' DU/AcPe Coast Permit Area To: The City of Carlsbad, Ca. Planning Commission C.i -hv f!rmnr«T 1 _ - +r - — City Council and We, the undersigned, do not desire v-hat the property located on both sides of Highland Drive between Chinquapin Avenue and Adams Street be rezoned from R-l-15,000 to R-l-10,000, as requested by Ross Winton. Re: Zone Change ZC-l86(fi) /&WJ&..M.yffif? ^o*i\ tJ- fa5 A 7- #"'77 Wr^-^ u 3 7 9 $f$*/$^ A tytiMtitrr/^*^ ftfrujLAiM £Z W^/^ Kino. /), G^per I/as" Hoot/ev- / / .^s O. gp 5050QFEET ZC-186(a) R-i-i5,a -1-10,00 EXHIBIT A 1-5-78 PETITIONERS REQUESTING ZONE CHANGE TO R-l-10,000 O 250 500 FEETi T i . FROM R-l-15,00 EXHIBIT B : 1-5-78 LOTS CONSIDERED FOR REZON1NG TO R-l-10,000 AS PER PLANNING COM MISSION INITIATION R. THOMAS WOOD ATTORNEY AT LAW BOO GRAND AVENUE, SUITE C-7 P. O. BOX ISAS CARLSBAD, CALIFORNIA 9SOO8 TELEPHONE 729-IIS9 January 27, 1978 The Honorable Mayor and City Council City of Carlsbad 1200 Elm Avenue Carlsbad, California 92008 Re: Zone Change ZC-186(A) Hearing - February 7, 1978 Dear Mr. Mayor and Members of the City Council: I represent Ross H. and Joanne H. Winton, the applicants in the above-referenced request for a change of zone. I felt that it would be helpful to provide you with a summary of the background in this matter and to explain the Wintons1 current request. The Wintons originally applied to re-zone only their own property (No. 10 on the enclosed map) from R-l-15,000 to R-1-10,000. In an apparent attempt to avoid a "spot zoning" issue, the Planning Department staff recommended that an area comprising 24 parcels be rezoned. At the Planning Commission hearing of October 5, 1977, there was a great deal of opposition from residents of the area and the request was denied. At the hearing, some of the members of the Planning Commission inquired of staff how many of the lots involved could actually be split if the area was re-zoned. Unfortunately, staff was unable to give a precise answer and, thus the total impact on the area was impossible to determine. We are now proposing that only the ten contiguous lots which are shaded on the enclosed map be re-zoned from R-l-15,000 to R-l-10,000 for the following reasons: 1. Since four of the ten lots are already under 15,000 square feet, we believe said re-zoning would be compatible with the surrounding area. 2. Lots 12 and 13 could be currently split into two lots each and, if re-zoned could possibly be split into The Honorable Mayor and City Council City of Carlsbad Page Two January 27, 1978 four and three lots, respectively. If re-zoned, lot 10 would be split into two lots. Since all other lots in the proposed area are less than 20,000 square feet, the maximum number of lots which could be added, assuming that the location of existing improvements and the potential of substandard lots could be overcome, would be four. Because of the location of existing improvements and the probable necessity of panhandle lots, I doubt that the maximum could ever be achieved. Therefore, we feel that the re-zoning of the ten lots as requested would have very little impact on the area. 3. The Wintons1 parcel has the physical appearance of two different lots. I believe it would be helpful for each of you to personally examine the area in question prior to the hearing. As you will see, the portion of the Wintons1 property on which they reside is on a higher elevation than the unimproved portion thereof. Most casual observers would probably assume that there exists two separate parcels under the present circumstances. Therefore, we are requesting that you return this matter to the Planning Commission with specific directions to staff to make a determination of the actual impact on the area if the zone change is granted. If I can provide you with any additional information prior to'the hearing of February 7, 1978, please do not hesitate to call upon me. Yours truly, ^? R. Thomas Wood RTW:mec Enclosure Zone change proposed by Ross H. winton and Joanne H. Winton is shaded area only.