HomeMy WebLinkAbout1979-03-06; City Council; 5771; Change of Zone from R-1 to P-Q ZC 201CITY OF CARLSBAD
Initial
AGENDA BILL NO: ^f 7 71 Dept. Hd.
DATE: March 6, 1979 Cty" Atty
Cty. Mgr.
DEPARTMENT: Planning
SUBJECT :CHANGE OF ZONE FROM R-l TO P-Q
CASE NO.: ZC-201, JAMES HUNT
Statement of the Matter
The subject site is situated along Pio Pico Drive between Stratford
Lane and Knowles Avenue. There is one .lot presently with access
to Knowles Lane that is included in the Zone Change, but that lot
will be combined into a lot with frontage onto Pio Pico through a
minor subdivision. The applicant, Mrs. Hunt, owns both of these
lots to be combined. The northerly lot is owned by a Mr. Bagley.
Mr. Bagley was not part of the original requested change of zone
by Mrs. Hunt, but as per Council policy staff contacted Mr. Bagley
and he consented -to having his property included in the application.
A Site Development Plan for the Hunt property was submitted to
the Planning Commission with the Zone Change application. The plan
is for a two-story office building with access to Pio Pico and solid
walls on the east and north property boundaries where it abuts resi-
dential uses*. There will- be sufficient landscaping and setbacks to
allow the development to be compatible with the surrounding residential
area. The Site Development plan .was approved by the Planning Commission
at their meeting of February 14, 1979.
The applicant requested a minor change from the original request at
the Planning Commission meeting. This was to delete approximately
7 feet along the northerly side of Mrs. Hunt's property. This will
square off the property line which will provide for easier develop-
ment design. It had no effect on the site plan and therefore the
Planning Commission recommends this minor change. The legal notice
for City Council public hearing includes this change, therefore,
the City Council need not spedifically approve this modification.
Exhibits
Planning Commission Minutes dated February 14, 1979
Planning Commission Resolution No. 1493, with corrected legal map
Staff Report dated February 14, 1979.
Recommendation
The Planning Commission and Planning staff recommend that Council direct
the City Attorney to prepare documents approving ZC^201 as per Plannina
Commission Resolution No. 1493 and per corrected legal description
map dated February 14, 1979.
BP: jd
Agenda Bill No. 5771 Page 2
Council Action:
3-6-79 Council directed the Attorney to prepare the necessary documents
approving ZC-201 as per Planning Commission Resolution No. 1493,
and per corrected legal description map dated February 14, 1979.
PLANNING COMMISSION ML&KJTES-
February 14, 1979
Page two (2)
recommendations as contained in the- staff report.
APPROVED
MOTION: Wrench •
SECOND: Rombotis
AYES: Schick, Rombotis, Wrench, Marcus, Jose, Larson
NOES: None
B> ZC-201, J. Hunt (SDP 79-1) zone change from R-l to
Residential-Professional-Qualified (R-P-Q).
Mr. Dave Abrams presented the staff report and further indicated
that this zone change was being processed along with a Site
Development Plan and that perhaps the Commission may want to
consider both applications concurrently. He reminded the
Commission that the zone change action was a public hearing item
and the site development plan required no public input.
Commissioner Rombotis questioned as to the height of the
building, whether or not condition number 8 would allow for
sewer allocation in lieu of septic tanks, and if the General
Plan allowed for such a zone change.
Staff assurred the Commission that the building designated for
the site was of the normal, two story type with a flat roof
design, that sewer.allocation would be acceptable and said
zone change proposal was in conformity with the General Plan.
Commissioner Wrench asked about the odd shaped lot configuration
as mentioned at the last meeting.
Staff related that the three odd shaped, lots were beirfg consolidated
into two lots, one of which would remain R-l zoning and the other
included in the zone change.
THE PUBLIC HEARING OPENED AT 7:30 P.M.
Harry Truax, of Truax and Associates and representing the
applicant, indicated that the property owner required an additional
7.4' on the northern side of the property for a planting strip.
He related that there was no problem with this alteration as far
as he was concerned.
Staff indicated that the loss of the 7.41 would not be a great
loss in that there was considerable landscaping in the project
and the 7.4' would amount to a loss of 736 square feet. Staff
believes that there should be dense, high shrubs included along
the northern property line in order to afford maximum privacy to
the Hunt property.
The Commission inquired as to the parking situation and the number
of office spaces to be available upon completion.
Mr. Truax indicated that the parking would be open and the office
building was being developed for the ultimate use of Cal Western
Concepts, but that approximately 75% of the office space will
' PLANNING COMMISSI/") MINUTES • '.
'February 14, 1979W
Page three (3)
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leased out in the early stages of occupancy. He could not
give an estimate as to exact numbers of offices.
THE PUBLIC HEARING CLOSED AT 7:30 P.M. WITH NO-FURTHER TESTIMONY.
A motion was made APPROVING ZC-201 in accordance with the analysis
and recommendations as contained in the staff report dated February
14, 1979.
APPROVED
MOTION: Wrench
SECOND: Larson
AYES: Rombotis, Wrench, Marcus, Larson, Jose, Schick
NOES: None
A motion was made APPROVING SDP 79-1 in accordance with the analysis
and recommendations as contained in the staff report, and subject
to the following:
Condition #1 shall be revised to read: "Development of the
site shall occur substantially as shown on the site develop-
ment plan, labeled Exhibit A, and elevation plan, labeled
Exhibit C, both dated February 14, 1979, except that the
northern 7.41 of Mrs. Hunt's property be deleted, thereby
making the boundary on a straight line from Pio Pico east
along the southern boundary of Mr. Bagley's property."
Condition #8 shall read: "Prior to application for any
developmental permit, the applicant shall obtain approval
for a septic tank installation report from the County
Department of Public Health, or appropriate sewer allocation,
to the satisfaction of the City Engineer".
The addition of #10: "Dense, high landscaping shall be
provided along the northern property line in order to
assure maximum privacy to the adjoining- property.
APPROVED .
MOTION: Wrench ....'..
SECOND: Rombotis
AYES: Rombotis, Marcus, Jose, Schick, Wrench, Larson
NOES: None
Staff assurred the Commission that the appropriate steps would be
taken to correct the applicable maps and exhibits to show the
alteration of the northern property line.
C. CUP-124, Montessori School, conditional use permit to raise
maximum student limit with addition of 2850 square foot
building.
Mr. Dave Abrams related that the applicant had asked that the
matter be continued for further study of building size, location,
recreational facilities, off-street parking, and compatibility
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PLANNING COMMISSION RESOLUTION NO. 1493
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF CARLSBAD RECOMMENDING APPROVAL OF A ZONE CHANGE
FROM R-l TO R-P-Q (RESIDENTIAL PROFESSIONAL QUALIFIED)
CASE NO.:
APPLICANT:
ZC 201
JAMES HUNT
WHEREAS, a verified application for certain property,
generally located on the east side of Pio Pico Drive between
Knowles and Stratford Lane, and more particularly described as:
Parcel No. 1, a portion of Parcel No. 2 of Parcel
Map No. 471, of the Northwest one-quarter of Section
6, Township 12 South, Range 4 West, SBBM in the City
of Carlsbad, County of San Diego, State of California,
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 14th day of
February, 1979, hold a 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 (ZC 201) and found the following facts and reasons
to exist:
1. The proposed zone change is consistent with the general plan
because:
A. The site is designated for "Professional and Related"
uses on the general plan land use map.
B. The "Residential/Professional" zone implements the uses
permitted in the "Professional and Related" general plan
designation.
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C. The zone change will have no adverse impact on any
element of the general plan.
2. It has been determined that the zone change will not have a
significant adverse impact on the environment because:
A. The proposed zone change is compatible with the Carlsbad
General Plan.
B. The "Q" overlay process will insure compatibility of
future development with the existing neighborhood.
3. The proposed zone change is consistent with applicable City
Public Facilities Policies and Ordinances because:
Most public facilities exist on the site. Any additional
public facilities needed will be required as part of
the "Q" overlay development process.
WHEREAS, the Planning Commission by the following roll call
vote recommended APPROVAL of ZC 201 as indicated on Exhibit X,
dated February 14, 1979, attached hereto:
AYES: Rombotis, Marcus, Jose, Schick, Wrench, Larson
NOES: None
ABSENT: L'Heureux
NOW, THEREFORE, BE IT RESOLVED, that the above recitations
are true and correct.
EDWIN S. SCHICK, JR.
Vice-Chairman
CARLSBAD PLANNING COMMISSION
ATTEST:
JAMES C. HAGAMAN, Secretary
CARLSBAD PLANNING COMMISSION
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STAFF REPORT
DATE: February 14, 1979
TO: Planning Commission
FROM: Planning Department
RE: ZC 201,
SDP 79-1 .
APPLICANT: James F. Hunt
REQUEST: ZONE CHANGE FROM R-l TO RESIDENTIAL-PROFESSIONAL-
QUALIFIED (R-P-W); AND APPROVAL OF A SITE DEVELOPMENT
PLAN.
BACKGROUND
Location and Description of Property
The site of the requested zone change is located at the north-
east corner of Pio Pico Drive and Stratford Lane. An additional
parcel adjacent to the subject is being included in the zone
change application, at City request. This parcel is at the south-
east corncer of Pio Pico and Knowles Avenue. It presently has a
single family dwelling and garage. This property consists of
.46 acres of level, vacant land.
Existing Zoning .
Subject Parcel: R-l
North: R-l, 0-S . • *
South: R-P-Q
East: R-l
West: No zone - freeway
Existing Land Use
Subject Parcel: -Vacant, single family residence
North: Single family residence, open-space
South: Vacant
East: Single family residence
West: Freeway
Environmental Impact Information
An Environmental Impact Assessment was filed and a Negative
Declaration issued for the proposed project, for the following
reasons:
1
1. The proposed zone change and development is compatible with
the Carlsbad General Plan.
2. The project will occur in an already urbanized area.
3. The Site Development Plan required for this project will
be modified by City staff to insure compatibility with the
surrounding neighborhood and other environmental factors.
4. The applicant will replace the trees to be removed with a
complete landscaping plan that will be reviewed and approved
by City staff.
5. The northern lot being included in the zone change request,
will be subject to further environmental review and require
a Site Development Plan at the time that development occurs.
General Plan Information
The Land Use Plan Map designates this site for professional and
related commercial. The proposed zone change is therefore in
compliance with the General Plan.
Public Facilities .
All necessary public facilities are available to serve the property
and project as proposed, except the City sewer system. The develop-
ment will initially utilize a septic tank and seepage pit sewering
system. At this time final approval has not been received for the
proposed septic system from the County Department of Public Health.
This approval will be necessary before development can.occur.
Past History and Related Cases
On January 24, 1979, the Planning Commission directed that the
adjacent parcel at the southeast corner of Pio Pico Drive and
Knowles Avenue be included in the Zone Change request, if the
property owner indicated his approval of this action. Attached
is a letter from Mr. John Bagley, confirming his support for the
zone change of his property.
ZC-199, Jerry Bryan, Ordinance No. 9511. On November 7, 1978, the
City Council adopted an ordinance granting a zone change from
R-l-7500 to R-P-Q for property located east of Pio Pico Drive
between Laguna Drive and Stratford Lane". The zone change was in
conformance with the General Plan Land Use Designation of Profes-
sional and Related Commercial. The Planning Commission found the
Qualified Overlay Zone (Q) was needed to insure orientation to
and access from Pio Pico Drive, and to preserve the existing
residential neighborhood to the east. A similar situation exists
with the subject property, which is located immediately to the
north.
SDP-78-2, Jerry Bryan. Resolution No. 1472. On September 8, 1978,
the Planning Commission approved a Site Development Plan
for a 7,000 square foot professional office building on the east
side of Pio Pico between Laguna Drive and Stratford Lane. Conditions
included a requirement that landscaping, irrigation and public
improvements be installed prior to occupancy. in addition, the
view of residential properties to the east from second story
office windows shall be screened. The owner was granted a septic
system permit to supplement the existing sewer capacity on the
property.
ZC-184, K. David Minnich, Ordinance No. 9475. The City Council
adopted an ordinance on February 1, 1977, granting to the
applicant a zone change from R-l-7500 to R-P-Q for property on
both sides of Elm Avenue, between 1-5 and Highland Avenue. This
property was designated in the General Plan as either Governmental or
Professional and Related Commercial land use. Staff had suggested
that properties to the north along Pio Pico Drive, that are de-
signated for office use, also be changed from R-l to R-P-Q. These
properties include the subject parcel. Due to a staff oversight
the additional properties were not included in the environmental
review for the zone change, and were therefore deleted.from the
action.
SDP 77-3, Minnich, Resolution No. 1356. The Planning Commission
approved on April 13, 1977, a Site Development Plan for a
side of Elm Avenue between Pio Pico Drive and Highland Avenue.
Conditions applied included a requirement for landscape and
irrigation plans to be submitted, approved, and improvements
installed prior to final occupancy. Also, a comprehensive sign
program was required prior to issuance of any sign permits, and
removal of an existing house prior to issuance of building permits.
Major Planning Considerations
1. Is the zone requested consistent with the General Plan?
2. Will the permitted uses in the requested zone or the develop-
ment proposed, adversely impact the adjoining land uses and -
street systems?
3. Does the development plan provide for the eventual, compatible
development of the adjoining property to the east?
Discussion
This agenda items contains two separate projects requiring two
separate actions by the Commission. Both projects have the same
applicant and are closely related. Thus they are both included
in a combined report for joint consideration. You should consider
the zone change first, for you should not approve the site
development plan msut be that the City Council approves the zone
change.
The City has previously considered changing the zoning designation
of certain properties along Pio Pico Drive. The subject property
is one of them. The general plan land use designation has already
been changed to "professional and related" which is the general
plan counter part for the proposed new zone designation.
The Commission should examine the compatibility of the proposed
zone and use with adjoining development. In staff's opinion
they are compatible. The R-P zone is specifically designed to
be compatible with adjoining residential. Section 21.18.010
of the code states:
"2 J. 1B. 010. ln.te.nt and Pa4.po.6e. The. <inte.nt and paipoAe.
OjJ the, R-P fte.A'lde.nt'iat-pio&e.AAi.onat zone. Jii> to:
(f) PJiov4.de. ane.a& ^on. the. de.ve.topme.nt ofi o.e,Jita<Ln Low
i.nte.n&i.ty butane.** and psio{>e.AA<ional o^lce.* and Jie.tate.d
Jin to cat<io n* <in conjunction w<ith on adjacent to
and
(2) P-t.ov4.de. tJian*<itJ,onat ttght tn.a^tc.-Qe.ne.n.at^ng com-
me.ic.-iat aie.aA between e.Atabt4.t>he.d rie.& 4,de.nt<iat an.e.a& and
ne.aiby c.omme.iC'iat on. 'Lndu.Atij.at de.ve.topme.nt.
The "Q" overlay is intended to allow the Commission to impose
development conditons to further insure compatibility. The "Q"
overlay is also intended to provide for general plan compatibility,
regard for environmental factors, specific conditions attached to
uses and for public improvements necessitated by the development
of the site (Ref. Section 21.06:010, Carlsbad Municipal Code).
Those mechanisims should be adequate to insure compatibility
of the development with neighboring properties and ajoining
public right-of-way.
The parcel to the north of the subject property is being included
in the zone change action at the request of staff and approval of
the property owner. City" policy traditionally has been to include
appropriate adjacent parcels in zone change requests. The parcel,
in question has frontage along Pio Pico Drive and the same
general plan designation as the Hunt property. The parcel.
currently has a single family house and garage, which would be
consistent with the R-P zone. Any future development on this
site would require a site development plan and approval of sewering
capability.
Staff Recommendation
Two separate motions and actions are required. One for the
zone change and one for the site development plan.
1. Staff recommends that the Planning Commission forward a
recommendation of approval of Zone Change 201 to the City Council
based on the following findings:
A. The proposed zone change is consistent with the general
plan because:
1) The site is designated for "Professional and Related"
uses on the general plan land use map.
2) The "Residential/Professional" zone implements the uses
permitted in the "Professional and Related" general
plan designation.
.tf
3) The zone change will have no adverse impact on
any element of -the general plan.
B. 'It has been determined that the zone change will not
have a significant adverse impact on the environment
because:
1) The proposed zone change is compatible with the
Carlsbad General Plan.
2) The "Q" overlay process will insure compatibility
of future development with the existing neighborhood.
3)
C. The proposed zone change is consistent with applicable
City Public Facilities Policies and Ordinances because:
Most public facilities exist on the site. Any additional
public facilities needed will be required as part of the
"Q" overlay development process.
2. Staff recommends that the Planning Commission APPROVE Site
Development Plan 79-1 based on the following findings and subject
to the following conditions:
Findings •
1. The proposed development is compatible with the surrounding
residential neighborhood because:
A. All vehicular access is from Pio Pico Drive. No
vehicular access will be allowed from residential streets.
B. The building is oriented to Pio Pico Drive.
C. A six foot masonry wall will separate the office use from
the adjoining residential zone district.
2. This application has been subjected to environmental review
pursuant to the Carlsbad Environmental Protection Ordinance and the
State EIR Guidelines and a declaration of non-significant impact was
issued.
3. The proposed development is consistent with the general plan
because the land use designation for the subject site is "Professional
and Related".
Conditions for SDP 79-1
1. Development of the site shall occur substantially as shown
on the site development plan labeled Exhibit A and elevation plan
labeled Exhibit C, both dated February 14, 1979.
2. All necessary public improvements shall be installed per
the requirements of the City Engineer prior to occupancy.
3. Prior to the issuance of building permits the applicant
shall submit landscape and irrigation, plans to the Planning
Department for review and approval.
4. All landscaping and irrigation shall be installed prior to
occupancy.
5. Final approval of the subject site development plan shall
not be granted until the zone change for the subject property is
in effect.
6. An adjustment plat will be completed establishing a legal
lot ove r the site as shown on Exhibit A dated February 14, 1979
prior to issuance of building permits.
7. Applicant will install a city standard street light at the
northeast corner of Pio Pico Drive and Straftord Lane to the
satisfaction of the City Engineer, prior to occupancy.
8. Prior to application for any developmental permit, the applicant
shall obtain approval for a septic tank installation report from
the County Department of Public Health, to the satisfaction of the
City Engineer.
Attachments
Location map
Letter to adjacent property owner, dated January 17, 1979
Letter from adjacent property owner, dated January 23, 1979
~LC 201
SDP 79-1
HUNT
2.-W-79
STRATFORP LANE
N
CASE NO. ZC ZOl: SPP7f-/ Date Rec'd Date
Description of Request:
TO DEVELOP'
CRAl\\fc£ FRQN\ K-\ TO R-P-Q AND
2.-
Address or Location of Request;
ANP
;S(Pg g~F RC6
Applicant: JNHES
Engr. or Arc]
Brief Legal:
UUNT
R.E>.
iz-s .RM vjes-r.
oP PARCBL 2- , Pt^ hlO S7/) N\M i/V QP sSemaN
Assessor Book:
General Plan Land. Use Description; OFFICE.
Existing Zone; R—|
Acres:
Page;Parcel;
Proposed Zone; K-p—Q
No. of Lots: 3 DU's
School District:cARUS3W>
Water District:
DU/Acre -Q-
pp
Coast Permit Area:
Sanitation District:cvrfop
KO
FORM PLANNING 52
1200 ELM AVENUE • M ^$£7, £| TELEPHONE:
CARLSBAD. CAUFORNIA 92008 II^L\17 r*'•! 1714) 729-1 t8t
Cit|> of Carisftafc
January 17, 1979
Mr. John R. Bagley . . . .
1225 Knowles Avenue
Carlsbad, California
Subject: Request to allow rezoning of your property at
1225 Knowles Avenue, Carlsb3.d, Assessors Parcel
No. 156-164-01
Dear Mr. Bagley:
Recently the City has received an application for a zone change
from the existing R-l, single family residential, to R-P-Q,
residential/professional/ on the property immediately to the
south of your lot. The City Council and Planning Commission
usually encourage adjacent property owners to join in the rezon-
ing application, so as to avoid the tendency to "spot-zone"
specific individual parcels within the city. The purpose of this
letter is to request that you include your property in this zone
change application.
The new R-P-Q zone will be consistent with the Office designa-
tion of this area in the General Plan. There is no cost to yoxz
in allowing your property to be rezoned to R-P. Your property
would continue to be entirely consistent with the new zone. In
fact, the R-P zone would allow many more uses to be located on
your property, should you desire to change the use on your property
in the future.
The City would appreciate your cooperation in this matter. As
mentioned, the City is currently processing the rezone applica-
tion, and there is a limited amount of time available. We there-
fore request that you contact the Planning Department regarding
your decision. If you need further information, please feel free
to call 729-1181, extension 25, or come into the Planning Office
at City Hall, 1200 Elm Avenue.
Sincerely, •
BRIAN R. SMITH
Planning Department
BRS:jd
enc. Permitted Uses in R-P zone
1
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-JAN 2 2'1979
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CITY OF CAR'.S8A\
Planning Deparii;:^..i