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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. 14 to place the Q Overlay onto the existing R-P Zone and submit the 15 proposal to the Planning Commission for hearing; and 16 WHEREAS, the Planning Commission did on the llth day of July, 17 1979, hold a duly noticed public hearing as prescribed by law to 18 consider said request; and 19 WHEREAS, at said public hearing, upon hearing and considering 20 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 23 to exist: 24 Findings; 25 1) The proposed Zone Change is consistent with the City's 26 General Plan since: 27 // 28 // 11 12 20 22 25 26 27 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.. -2- 1 AYES: L'Heureux, Schick, Wrench, Marcus, Jose 2 NOES: None 3 . ABSTAIN: None 4 ABSENT: Rombotis 5 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 11 ATTEST: 12 13 14 JAMES C. HAGAMAN, Secretary CARLSBAD PLANNING COMMISSION 15 16 17 ZC-204 18 19 -3- 20 21 22 23 24 25 26 2.7 28 ^ff&tX&fB&Fr- B7.ie&'-^~ AftEA TO BE-2 BEZONED WITH OVERLAY 8 r\<^-\r)-f i .r-vf*. i I rfj. • t"»_/K I H-.MM I1*-(0 rMi- •-•• I ft- TRACT J',3 \&i ^ sJT54'af MAP N°-!66{ , v, :;^^i :c C 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