HomeMy WebLinkAbout1979-08-07; City Council; 5866-1; Rezone to Q Overlay ZC-204CITY OF CARLSBAD
Initial fa
AGENDA BILL NO: 5866, Supplement No. 1 • Dept. Hd
DATE: August 7, 1979 . Cty. Atty
DEPARTMENT: Planning
Cty. Mgr. P\
SUBJECT:
REZONE TO "Q" OVERLAY ON PROPERTY LOCATED ON SOUTH SIDE
OF ELM AVENUE, WEST OF HIGHLAND DRIVE
CASE NO.: ZC-204 APPLICANT: CITY OF CARLSBAD
Statement of the Matter
On June 5, 1979, the City Council directed staff to prepare a Zone
Change to place the Qualified Overlay Zone on an existing R-P zone
on the subject property. The Planning Commission on July 11, 1979, '-
held their hearing and has recommended approval -of the subject Zone
Change.
The property is two vacant contiguous parcels on the south side of
Elm west of Highland with a total square footage of approximately
97,000 square feet.
With the Q Overlay a site development plan is.required before develop-
ment can be approved. It is felt that a site development plan is
necessary for the subject site because the property is adjacent to
existing residential uses, located on a high traffic volume street,
and the site is across the street from the Civic Center.
EXHIBITS -
Planning Commission Resolution No. 1532
Staff Report dated July 11, 1979
RECOMMENDATION .
• Both the Planning Staff and Planning Commission have recommended that
ZC-204 be APPROVED. If the City Council concurs, you should direct
the City Attorney to prepare documents approving request as per Planning
Commission Resolution No. 1532.
Counci1 Acti on:
.8-7-79 Council directed the City Attorney to prepare documents approving
ZC-204 as per Planning Commission Resolution 1532.
PLANNING COMMISSION RESOLUTION NO. 1532
2 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF
3 A ZONE CHANGE FOR THE PLACING OF THE Q OVERLAY
ZONE ON PROPERTY PRESENTLY ZONED R-P, GENERALLY
4 LOCATED ON THE SOUTH SIDE OF ELM AVENUE, WEST OF
HIGHLAND.
5
CASE NO.: ZC-204
6 APPLICANT: CITY OF CARLSBAD
7
8 WHEREAS, at the June 5, 1979 meeting of the Carlsbad City
9 Council, staff was directed to prepare a Zone Change for property
10 generally located on the South side of Elm Avenue, West:of
11 Highland Drive, and more particularly described as:
12 A portion of Tract 119 of Carlsbad, County of San
Diego, State of California, according to map
13 thereof No. 1661, filed in the Office of the
County Recorder of San Diego County , March 1, 1915.
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to place the Q Overlay onto the existing R-P Zone and submit the
15
proposal to the Planning Commission for hearing; and
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WHEREAS, the Planning Commission did on the llth day of July,
17
1979, hold a duly noticed public hearing as prescribed by law to
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consider said request; and
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WHEREAS, at said public hearing, upon hearing and considering
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the testimony and arguments, if any, of all persons who desired
21
to be heard, said Commission considered all factors relating to
22
the Zone Change (ZC-204) and found the following facts and reasons
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to exist:
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Findings;
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1) The proposed Zone Change is consistent with the City's
26 General Plan since:
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a) The "Q" overlay would maintain the consistency of the
existing R-P zone with the General Plan's "Professional
and Related Commercial" land use designation.
b) The "Q" overlay will ensure that future development, of
the property will conform to all policies of the General
Plan.
2) The proposed zone change is consistent with the Carlsbad
Environmental Protection Ordinance since a Declaration of
Negative Environmental Impact was made based on the justi-
fication that:
a) The Zone Change is administrative in nature and would
not result in any adverse impacts to any plant or animal
species, or to any significant environmental features.
b) Additional discretionary review is required by the "Q"
overlay (site development plan) . This will serve to
mitigate any potential adverse environmental impacts on
a project-by-project basis.
3) The proposed zone change, is consistent with all applicable
City public facility policies and ordinances since:
J.O
a) The zone change itself will not create additional
demand for sewer service, and any future entitlements
for development on the subject property would be sub-
ject to discretionary review and must prove sewer
availability.
b) Section 21.49.020(4) of the Carlsbad Municipal Code
states that "Any necessary applications for projects
undertaken by the City of Carlsbad may be accepted,
processed and approved. "
c) The Site Development Plan process provides a method
whereby public improvements and facilities can be
required of the developers of the subject property, as
such need is created.21
4) The proposed zone change will not adversely impact the sur-
rounding neighborhood since the underlying zone, which is
consistent with the adjacent development, will remain, and
an additional discretionary review process will be implemented,
further reducing the potential for adverse impacts.
WHEREAS, the Planning Commission, by the following roll call
vote recommended APPROVAL of ZC-204, as indicated on Exhibit A,
dated June 18, 1979* attached hereto..
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1 AYES: L'Heureux, Schick, Wrench, Marcus, Jose
2 NOES: None
3 . ABSTAIN: None
4 ABSENT: Rombotis
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6 . , NOW, THEREFORE, BE IT HEREBY RESOLVED, that the foregoing
7 recitations are true and correct.
8
9
STEPHEN M. L'HEUREUX, Chairman
10 CARLSBAD PLANNING COMMISSION
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ATTEST:
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13
14 JAMES C. HAGAMAN, Secretary
CARLSBAD PLANNING COMMISSION
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ZC-204
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2.7
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^ff&tX&fB&Fr- B7.ie&'-^~
AftEA TO BE-2
BEZONED
WITH
OVERLAY
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STAFF REPORT
DATE: July 11, 1979
TO: Planning Commission
FROM: Planning Department
SUBJECT: Zone Change 204 (City of Carlsbad)
REQUEST: Q OVERLAY ON PROPERTY CURRENTLY ZONED R-P : SOUTH
SIDE OF ELM AVENUE, WEST OF HIGHLAND DRIVE _
Background
Location and Description of Property
The subject property consists of two vacant, contiguous parcels
located on the south side of Elm Avenue, one lot (approximately
60 feet) west of Highland Drive. Each parcel has access off of
Elm Avenue. Parcel One is an "L" shaped lot and contains 40,207
square feet. Parcel Two, which is adjacent to the west, is
rectangularly shaped and contains 56,676 square feet.
Existing Zoning
Subject Property: R-P (Approximately 5100 square feet
of Parcel Two is zoned R-P-Q)
North: R-l-10,000
South: R-l-7500; R-l-10,000
East: R-l-10,000
West: R-P-Q; R-l-7500
Existing Land Use
Subject Property: Vacant
North: Vacant (Agriculture)
South: Residential
East: Residential
West: Residential; Vacant (R-P-Q)
General Plan
The land use element of the General Plan designates the subject
property for "Professional and Related Commercial" uses (0).
The proposed zone change would be consistent with this General
Plan Designation.
Environmental Impact Assessment
A Declaration of Negative Environmental Impact has been issued
Staff Report -ZC 2C*k ,
July 11/1979 W..' .
Page Two
for the proposed zone change. The Negative Declaration was
issued based on the justification that:
1) The Zone Change is administrative in nature and would
not result in any adverse impacts to any plant or animal
species, or to any significant environmental features.
2) Additional discretionary review is required by the "Q"
overlay (site development plan). This will serve to
mitigate any potential adverse environmental impacts on
a project-by-project basis.
Public Facilities
The proposed zone change will not have any impact on public
facilities, since any future entitlements for devlopment on the
subject property would be subject to discretionary review and
must prove sewer availability. In addition, Section 21.49.020(4)
(Planning Moratorium) of the Carlsbad Municipal Code states that
"Any necessary applications for projects undertaken by the City
of Carlsbad may be accepted, processed and approved." Finally,
the "Q" zone is merely an overlay zone, and would not allow a
more intense use of the site than currently permitted by the R-P
zone.
History and Related Cases
*
ZC-134 (Change of Zone from R-l-7500 to R-P)
City Council Ordinance No. 9393; June 18, 1974
Originally the owner of the subject property requested a
rezoning from R-l-7500 to C-l, with a specific plan. The
Planning Commission denied this request on November 13,
1973. The request was modified and on June 18, 1974, the
City Council approved a rezoning of the property from
R-l-7500 to R-P (Residential-Professional). This approval
was based on a Civic Center study which found the property
appropriate for either R-P or RD-M zoning. These zones
were found to provide a necessary transition between the
Civic Center property and the residential development to
the east and south.
SP-142 (Specific Plan to Allow Development of a Financial and
Professional Complex on the Subject Property).
City Council Ordinance No. 9392; June 18, 1974
Concurrent with ZC-134, Council approved a specific plan
which allowed the development of a financial and professional
complex on the subject property. This specific plan included
a condition that unless development of the property occurred
within one year from the date of approval, said specific
plan would expire. Since no development occurred, the
specific plan expired. However, the property owner has the
S-taff Report - ZCA W^
July 11, 1979 .
Page Three
right to develop the site in lieu of a specific plan as
long as it is done in conformance with the R-P zoning
standards.
ZC-184 (Zone Change from R-l-7500 to R-P-Q on City owned
property)
City Council Ordinance No. 9475, Feb. 1, 1977.
This case involved a change of zoning from R-l-7500 to R-P-Q
on the City owned property (including City Hall) on Pio Pico
Drive and the south side of Elm Avenue, adjacent to the west
of the subject property. The Q overlay was placed on this
property in order to mitigate potential traffic impacts along
those streets through the site development plan process.
Adjustment Plat 161; Recorded March 1, 1979
An adjustment plat was processed through the City consoli-
dating several lots affecting the subject property. In
addition, a portion (approximately 5100 square feet) of
the City property adjacent to the west was sold to the
applicant, and included as part of parcel Two. This portion
of Parcel Two carried with it the R-P-Q zoning.
Major Planning Considerations
1) What impact will the proposed zone change have on the contig-
uous residential development?
2) Is the additional discretionary review necessitated by the
"Q" overlay desirable in terms of mitigating potential
adverse impacts from future development of the site?
3) If the zone change was denied, what problems, if any, would
result given the fact that Parcel Two carries both R-P and
R-P-Q zoning?
DISCUSSION
The proposed City-initiated zone change would place a "Q" (Qualified
'Development) overlay zone on the subject property which is currently
zoned R-P (Residential-Professional). The Civic Center and pri-
vately owned properties along Elm Avenue, which are zoned Residential-
Professional, all carry the "Q" overlay. The subject parcels are
the only lots which are zoned R-P and do not carry this overlay
zone. Although a specific plan has expired on the subject property,
the applicant is allowed by right to develop the site based on the
R-P zoning standards.
The zone change is considered desirable since it provides the
City with discretionary review over future development of the
property. Specificially, approval of a site development plan is
.Staff Report - ZCJW04
.'July 11,' 1979 W
Page Four
required prior to the issuance of building permits. The Plan-
ning Commission may, through the site development plan process,
review such planning issues as: setbacks, yards, open space,
building heights and bulk, fences and walls, signs, landscaping,
ingress and egress, grading, public improvements, and other condi-
tions necessary to ensure conformity with the General Plan and
other City policies. Such review is important since the R-P zone
allows, by right, uses (e.g. drive-thru banks) which could create
adverse traffic impacts. The "Q" overlay provides the City with
a means to mitigate such impacts.
Further, the site development plan process would serve to reduce
potential conflicts between the uses permitted by the R-P zone
and the contiguous residential property.
RECOMMENDATION
Staff recommends that the Planning Commission forward a recommenda-
tion of APPROVAL of Zone Change 204, as per Exhibit A, dated June 18,
1979, to the City Council based on the following findings.
Findings;
1) The proposed zone change is consistent with the City's General
Plan since: f
Ia) The "Q" overlay would maintain the consistency of the f
existing R-P zone with the General Plan's "Professional I
and Related Commercial" land use designation.
b) The "Q" overlay will ensure that future development of
the property will conform to all policies of the General
Plan.
2) The proposed zone change is.consistent with the Carlsbad
Environmental Protection Ordinance since a Declaration of
Negative Environmental Impact was made based on the justi-
fication that: r. .
a) The' Zone Change is administrative in nature and would
not result in any adverse impacts to any plant or animal
species, or to any significant environmental features.
b) Additional discretionary review is required by the "Q"
overlay (site development plan). This will serve to
mitigate any potential adverse environmental impacts on
a project-by-project basis.
3) The proposed zone change is consistent with all applicable
•Staff Report - Z
July 11, 1979
Page Five
City public facility policies and ordinances since:
a) The sewer change itself will not create additional
demand for sewer service, and any future entitlements
for development on the subject property would be sub-
ject to discretionary review and must prove sewer
availability.
b) Section 21.49.020(4) of the Carlsbad Municipal Code
states that "Any necessary applications for projects
undertaken by the City of Carlsbad may be accepted,
processed and approved."
c) The Site Development Plan process provides a method
whereby public improvements and facilities can be
required of the developers of the subject property, as
such .need is created.
4) The proposed zone change will not adversely impact the sur-
rounding neighborhood since the underlying zone, which is
consistent with the adjacent development, will remain, and
an additional discretionary review process will be implemented,
further reducing the potential for- adverse impacts.
BM: jd
7/5/79