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HomeMy WebLinkAbout1980-05-20; City Council; 6254; Zone Change from R-1-15,000 to R-1-7,500 ZC 209 SmithCITY OF CARLSBAD ^J INITIAL AGENDA BILL NO. £0 /% O V Dept. Hd. DATE: M*™' 198° ; _Cty. Atty. DEPARTMENT: PLANNING Cty. ZONE CHANGE FROM R-l-15,000 TO R-l-7,500 APPLICANT: SMITH CASE NO: ZC-209 STATEMENT OF THE MATTER The subject site is presently zoned R-l-15,000 and has an area of 25,124 square feet. The lot is a thru lot facing Sunnyhill to the east and Alder Avenue to the west. Lots fronting on Sunnyhill Avenue are zoned R-l-15,000 and those fronting Alder Avenue are zoned R-l-7500. The applicant requested to rezone the entire parcel to R-l-7500 allowing a 7,500 square foot minimum lot area. The applicant's intent was to allow a lot split as shown on- Exhibit "A" attached to Planning Commission resolution. His proposal would be consistent with the land use on both streets as shown on Exhibit B. Although staff is recommending denial of the request as contained in the application, staff and the Planning Commission are recommending approval of rezoning the Alder Street frontage area to 7,500 while retaining the Sunnyhill portion at 15,000. Exhibit A as attached to the Planning Commission resolution indicates where the zoning line is to be placed to provide the proper zoning for each frontage. The applicant also has submitted a parcel map that is being processed concurrently which will split the property exactly on this zone line. Through the staff review and Planning Commission hearing all issues on this matter have been resolved. ATTACHMENTS Planning Commission Resolution No. 1621 Staff Report dated April 9, 1980 (Revised) Exhibit A dated 4/2/80 Exhibit B dated 4/7/80 RECOMMENDATION Both the Planning Commission and the planning staff recommend APPROVAL of this application and that the City Council direct the attorney to prepare documents APPROVING ZC-209, per Planning Commission Resolution No. 1621._ Council Action : May 20, 1980 - Council directed the City Attorney to prepare necessary documents approving ZC-209, as per Planning Commission Resolution 1621. 6 i 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 1621 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A ZONE CHANGE FROM R-l-15,000 TO R-l-7500 ON PROPERTY GENERALLY LOCATED ON THE WEST SIDE OF SUNNYHILL DRIVE, SOUTH OF MONROE STREET. APPLICANT: SMITH CASE NO; ZC-209 WHEREAS, a verified application for certain property, to wit: Parcel C of Parcel Map No. 1337 being a survey of a portion of Alder Acre and Lot E of Map 6503 together with Lot 35 and portion of Lot 36 of Carlsbad Highlands, Map No. 2647, in the City of Carlsbad, State of California. has been filed with the City of Carlsbad, and referred to the Planning Commission; and WHEREAS, said application constitutes a request as provided by Title 21 of the Carlsbad Municipal Code; and : WHEREAS, the Planning Commission did on the 9th day of April, 1980, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, the Planning Commission amended the original zone change request by the applicant as indicated on Exhibit "A", dated April 2, 1980, by reducing that area to be rezoned to R-l-7500; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Zone Change; and NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: Aw x; i 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission recommends APPROVAL of ZC-209, based on the following findings and subject to the following conditions: Findings: 1) The proposed change of zone is consistent with the General Plan for the following reasons: a. The R-l-7500 zone is consistent with the General Plan density range of 0—4 du's/acre. b. The proposed zone is compatible with the zoning in the vicinity. c. The uses allowed in the proposed zone are compatible with the existing and surrounding uses in the vicinity. 2) The site is physically suitable for the type of uses allowed in the R-l-7500 zone. 3) The applicant has agreed and is required by the inclusion of an appropriate condition to pay a public facilities fee. Performance of that contract and payment of .the• fee will enable this body to find that public facilities will be available concurrent with need as required by the General Plan. 4) The proposed change of zone will not cause any substantial environmental impacts, and therefore, the Planning Director has issued a Declaration of Negative Environmental Impact for the project dated April 1, 1980, Log No. 660. 5) The proposed change of zone is consistent with all other elements of the General Plan. Conditions 1) 2) 3) A change of zone from R-l-15,000 to R-l-7500 shall be for that property as shown on Exhibit "A" dated April 2, 1980. This change of zone is granted subject to the approval of a parcel map by the City Engineer splitting the property substantially as shown on Exhibit "A" dated April 2, 1980. This approval is expressly conditioned on the payment by the applicant of a public facilities fee as required by City Council Policy No. 17, dated August 29, 1979, on file with the City Clerk and incorporated herein by reference, and according to the agreement executed by the application for payment of said fee. A copy of that PC RESO §1621 -2- -- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 X' W"- /-€ "o agreement dated January 30, 1980, is on file with the City Clerk and incorporated herein by reference. If said fee is not paid as promised, this application will not be consistent with the General Plan and the project cannot proceed and this approval shall be void. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission the 9th day of April of the City of Carlsbad, California, held on , 1980, by the following vote, to wit: AYES: Schick, Larson, Friestedt, Marcus, Leeds, Rombotis and Jose. NOES : None . ABSENT : None . ABSTAIN : None . ATTEST: _^-~- ^—) /I /^"-— ~^ / ^_ ( /L/^t IN I I r-./H r\ EOVJIN sS SCHICK, JR. ,V Chairman CARLSBAD PLANNING COMMISSION >i JA^tES C. HAGAMA^, "Secretary" /CARLSBAD PLANNING COMMISSION/ ''// / PC RESO #1621 -3- c STAFF REPORT DATE: April 9, 1980 (Revised) TO: Planning Commission FROM: Bill Hofman, Associate Planner SUBJECT: -ZONE CHANGE 209 - SMITH - Request for a change of zone from R-1-15000 to R-l-7500 on property generally located on the west side of Sunnyhill Drive, south of Monroe Street. I. PROJECT DESCRIPTION The applicant is requesting a change of zone from R-l- 15,000 to R-l-7500 to allow for a subsequent lot split of his property. The parcel is a through lot having frontage on both Alder Avenue and Sunnyhill Drive. An existing single family dwelling facing Sunnyhill Drive is on the property. The applicant's intent is to split the 25,124 square foot lot into txvo parcels; a 15,500 square foot lot facing Sunnyhill and a 9624 square foot lot facing Alder Avenue. II. ANALYSIS Planning Issues 1. Is the proposed zone change consistent with the Land Use Element of the General Plan? 2. Is the proposed zoning boundary line appropriately located to meet the desires of the applicant and maintain zoning consistency with the General Plan? Discussion The Land Use Element of the General Plan designates the site as low-medium density residential (0-4 du's/ acre). The R-l-7500 zone is consistent with the density range of this land use designation, however, other factors which must be considered, to determine complete consistency are compatibility of the proposed zone with surrounding zones, and the compatibility of uses allowed in the proposed zone with existing and future land uses in the vicinity. As mentioned, the applicant intends to split the parcel into two lots as shown on Exhibit "A". Parcel A would be 9624 square feet in size and would front on Alder Avenue. Parcel B would be 15,500 square feet in size and would front along S.unnyhill Drive. Presently, the majority of lots that front on Alder Avenue are zoned R-l-7500 and are approximately 7500+ square feet in size. The lots fronting on Sunnyhill Drive in this vicinity are greater than 15,000 square feet in size, thus, in terms of lot size, the proposed split would be compatible with the surrounding lots. The applicant is requesting a rezone of the entire property to accomplish the lot split. Staff suggests that only that portion of the parcel which would front Alder Avenue (i.e., Parcel A of Exhibit "A") be rezoned to R-l-7500 and the remainder portion fronting Sunnyhill Drive (Parcel B) remain zoned R-l-15,000. This alteration to the applicant's request would ensure consistency with the General Plan and meet the applicant's intentions for development of his property. Therefore, staff is recommending a condition requiring approval of a parcel map as shown on Exhibit "A" prior to the effective date of the zone change becoming effective, and further, that the zone change to R-l-7500 shall only apply to Parcel A as shown on .Exhibit "A". . , Recommendation It is recommended that the Planning Commission adopt Resolution No. 1621, recommending APPROVAL of ZC-209 to the City Council based on the findings and subject to the conditions contained therein. Attachments Background Data Sheet Zoning Map Planning Commission Resolution Ho. -1621 Exhibit "A" dated April 2, 1980 BH: ar 4/3/80 -2- O BACKGROUND DATA SHEET CASE'NQ; zc-209 APPLICANT: SMITH REQUEST AND LOCATION: Zone Change from R-l-15,000 to R-l-7500 Located on the west side of Sunnyhill Drive beteen Monroe St and venue . LEGAL DESCRIPTION: Parcel c °f Parcel Map No. 1337 being a. survey of a portion of Alder Acre and Lot E of Map 6503 together with Lot 35 and. portion of Lot 36 of Carlsbad Highlands, Map Mo. 2647, in the City of ^Carlsbad, State of California, _ Assessors Parcel Number: 207 ~ 061 - 13 . Acres .58 No. of Lots 1 \ GENERAL PLAN AND ZONING General Plan Land Use Designation RLM Density Allowed 0-4 du' s/acre Density Proposed Existing Zone R-l-15,000 _ . Proposed Zone R-l-7500 Surrounding Zoning and Land Use: Zoning Land Use North R-l-15,000 ' SFR & Vacant South R-l-15,000 . SFR & Vacant East R-l-15,000 , SFR & Vacant West R"1"7500 SFR & Vacant PUBLIC FACILITIES School District Carlsbad Water District Carlsbad Sewer District Carlsbad ^EDU's Public Facilities Fee Agreement, dated 1/30/80 (Other: ___„ ' ENVTRONMENTAL IMPACT ASSESSMENT x Negative Declaration, issued 4/1/80 Leg ^o> 660 E.I.R. Certified, dated Other, ' . _____ CHAH^B FROM "TO ft-\--7,500. THIS MAP CASE NO.Date Rec'd Description of Request:_ DCC Date: *,e__^* 6,-t-ls<i -tr>_ | Address' or Location of Request :__J <•? Su.^ Applicant: Engr. or Arch. Brief Legal: g. C PC l?ute ?! 3I li Assessor Book: General Plan Land Use Description:__ Kxisting Zone: Acres: .----- .ir.a— fl Cj-s!biA^L^ ?^ ,'.rrQAi Page : _____ _d6J_J! _ Parcel :.J.3 . ; school ^i^rict: i Water Wistrict^ aat Permit Area : Prorosecl Zone: W CU/Acrc Sanitation District : c Jt after tlu; inf.oi ration you hove: suLinS tle;l :io^ been r?:viowod, it is <2ctermiii'.:'.l tlic't: further- JnCoriiMUion in rcquiicd, you will bo ao APPLICANT:Phillip H. Perkins (an individual) SCENT: MEMBERS: Hume (i.ndiv.U!ual, i«arlMicrship, joitit. venturi:, corixjratiou, syndication) 4039 Sunnyhill Drive, Carlsbad, CA 92008 Bu si IK. GS A<.Ulirc£>s 729-0346 Telephone Mtiinber BRIAN SMITH ENGINEERS, IUC. Hamc 2656 5tate Street, Carlsbad, CA 92003 Business Address 729-8981 Telephone Number Kama (individual, partner, joint venture, corporation, syndication) Home Address Business Address;' Telephone Number Telephone Number Kama Hoins Address Business Address Telephone Number Telephone Number (Attach more sheets if necessary) I/Wo declare under penalty-of perjury that the information contained in this dis- closure is true.- and correct and that it will rciiuiin true and correct; and may bo relied upon us he ing true and correct until ainc".ided. fjM. ^l^lj^^a^C^^- BRIAN BMITII ENGINEERS, IMC.£> tv ;<.£*., OA-IKT, i'-^ Oorgon Uofluru Vice President ,Cll i *>xs*^vl V* •0 ^ c ^X A. SMITH 4/zJoo O r ZC f _ \