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.
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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:
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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-
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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-
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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
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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:
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| Address' or Location of Request :__J <•? Su.^
Applicant:
Engr. or Arch.
Brief Legal:
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Assessor Book:
General Plan Land Use Description:__
Kxisting Zone:
Acres:
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Page : _____ _d6J_J! _ Parcel :.J.3 .
; school ^i^rict:
i Water Wistrict^
aat Permit Area :
Prorosecl Zone:
W CU/Acrc
Sanitation District :
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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.
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BRIAN BMITII ENGINEERS, IMC.£>
tv ;<.£*., OA-IKT, i'-^
Oorgon Uofluru
Vice President
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