HomeMy WebLinkAbout1981-02-03; City Council; 6505; Zone Change from R-1-7500 to RDM ZC-220CITY OF CARLSBAD •
INITIAL
IP
AGENDA BILL NO. ^^0 _ ___ _ ; _ Dept. Hd.
DATE: _ February 3, 1981 _ . _ cty. Atty.\/?^S
DEPARTMENT: __ _ Flaming _ Cty. Mg
SUBJECT:
ZONE CHANGE FROM R-l-7500 10 RDM
CASE NO: ZC-220 APPLICANT: ' SIE
STATEMENT OF THE MATTER~'
This item is a request for a change of zone from R-l-7500 to FDM on 3.87 acres of
land located on the west side of Roosevelt Street between Chestnut Avenue and Acacia
Avenue. The Planning Commission found the RDM zone to be consistent with the General
Plan designation of RMH'(10-20 du's/Acre), Further, the Commission found that uses
allowed in the RDM zone would be compatible with surrounding land uses and zoning.
At the public hearing, two people spoke in opposition to the proposed zone change.
One of the people, Mr. Roy Sanchez, submitted a statement signed by 16 property
owners indicating their opposition to the proposed RDM zone.-
E1WIRONMENTAL REVIEW
The Planning Director has determined that this project will not cause any significant
-' environmental impacts and, therefore, has issued Negative Declarations on December 8th
and December 18th, 1980 which was-approved by the Planning Commission on January 14,
1981. A copy of the environmental documents is on file in the Planning Department.
' FISCAL IMPACTS
No fiscal impacts are anticipated by this project.
ATTACHMENTS
IT Planning Commission Resolution No. 1749
2. Staff Report, dated January 14, 1981
RECOMMENDATION • .
•
Both the planning staff and .Planning Commission recommend that this application
be APPROVED and that the City Attorney be directed to prepare documents APPROVING
ZC-220, per Planning Commission Resolution No. 1749.
Council Action;
2-3-81 Council directed the City Attorney to prepare documents approving ZC 220.
PLANNING COMMISSION RESOLUTION NO. 1749
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A ZONE
CHANGE FROM R-1--7500 TO RD-M ON PROPERTY
GENERALLY LOCATED ON THE WEST SIDE OF ROOSEVELT
STREET BETWEEN CHESTNUT AVENUE AND ACACIA AVENUE.
APPLICANT: SIE
CASE NO; ZC-220 t
WHEREAS, a verified application for certain property, to
wit:
A portion of Block 29 and a portion of Block "D" according
to Map 775 filed February 15, 1894. Also that portion
of Lots 1 and 2 in Section 7 of fractional Block "A" of
Map 775 filed February 14, 1,894.
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 14th day of
January, "981, hold a duly noticed public hearing as prescribed
by law to consider said request; 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:
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-220, based on the •
following findings and subject to the following conditions:
W
1 2) That the uses permitted by the RD-M zoning are consistent
and -compatible with other uses permitted in the area.
2
3) That the subject lots are adequate in size and shape to
3 accommodate uses permitted in the RD-M zone.
4 4) That the project is consistent with all city public
facility policies and ordinances since:
5
a) The Planning Commission has, by inclusion of an
6 appropriate condition to this zone change insured
that building permits will not be approved unless
7 the City Council finds that sewer service is
available to serve the project. Since building
8 cannot occur within the project unless sewer
service remains available, the Planning Commission
9 is satisfied that the requirements of the public
facilities element of the General Plan have been
10 met insofar as they apply to sewer service for
this zone change.
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b) All necessary public improvements have been provided
12 or will be required as conditions of approval.
13 c) 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
16 Plan.
17 d) School facilities will be provided by the Carlsbad
Unified School District, per letters dated August
18 20, 1980 and November 7, 1980, on file with the
Planning Department.
5) The project will not cause any significant environmental
20 impacts and a negative declaration has been issued by
the Planning Director on December 8, 1980 and December
18, 1980 and approved by the Planning Commission on
January 14, 1981.
22 I
General Conditions:
23
1) Approval is granted for ZC-220, as shown on Exhibit "A"
24 dated December 29, 1980, incorporated by reference and on
file in the Planning Department.
25
2) This project is approved upon the express condition that
26 building permits will not be issued for development of the
subject property unless the City Engineer determines that
27 sewer facilities are available at the time of application
for such sewer permits and will continue to be available
28 until time of occupancy.
PC RESO #1749 _ Attachment 1: 2/3
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3) This project is approved upon the express condition that the
applicants shall pay 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 agreements executed by the applicants for
payment of said fee a copy of those agreements dated August
29, 1980, and December 5/1980, are 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 approval for this
project shall be void.
4) Approval of this request shall not excuse compliance with all
sections of the Zoning Ordinance and all other applicable
city ordinances in effect at time of building permit issuance,
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Planning Commission of the City of Carlsbad, California, held on
the 14th day of January, 1981, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
MARY MARCUS, Chairman
CARLSBAD PLANNING COMMISSION
ATTEST:
JAMES C. HAGAMAN, Secretary
CARLSBAD PLANNING COMMISSION
PC RESO #1749 .-3-Attachment 1: 3/3
c
STAFF REPORT
DATE: January 14, 1981
TO: Planning Commission
FROM: Planning Department
SUBJECT: ZC-220, SIE, Request for a Zone Change from R-l
7500 to RD-M on property generally located on the
west side of Roosevelt Street between Chestmit
Avenue and Acacia Avenue.
j..PROJECT DESCRIPTION
The applicant is proposing a change of zone from R-l-7500
to RD-M (Residential Density Multiple) on two parcels,
located, as described above. The subject property is 3.87
acres of relatively flat, unimproved land rearing on
railroad right-of-way. The project site is presently being
used for agriculture. A single family residence exists on
the larger, 2.13 acre, parcel.
II. ANALYSIS
P1 annirig I s s ue s
1) Is the requested zone change consistent with the
Land Use Element of the General Plan?
2) Are the lots suitable in size and shape to accommodate
development permitted in the proposed zone?
3) Would the requested zone change adversely impact
surrounding properties?
4) Is the street system serving the project adequate
to handle any increase in traffic generated by
the change of zone.
III. DISCUSSION
The applicant is proposing a zone change from R-l-7500 to
RD-M (Residential Density Multiple). The requested change
of zone would be consistent with the RMH designation of the
Land Use Element of the General Plan for this property.
RMH denotes residential development at a medium to high
density (10-20 du/acre).
The lots, themselves, are relatively long and narrow for
their respective acreage, 2.15 & 1.74 acres. Under the
existing R-l zoning, with limited frontage on Roosevelt.
Attachment 2: 1/2
Street, subdivision and development of the property would be
extremely difficult. Therefore, it appears that the lots
are better suited to a comprehensive, multiple family design
and development which would be permitted by the requested
zone change.
The two subject parcels presently exist as a spot-zone of
R-l. As shown on.the attached location map, the zoning on
Parcel #1 is currently split. The access portion of this
lot is already zoned RD-M. Adjacent zoning to the north
includes R-P (permitting mediumhigh residential development)
and RD-M (an existing apartment complex). Zoning to the
south is R-3 where a large-scale apartment project has been
developed. The project site rears on railroad right-of-way.
Property to the west of the right-of-way is zoned R-3, with
high density development permitted. Zoning to the east is
R-2.
The requested rezoning to RD-M would be compatible with all
surrounding zoning which permits higher density residential
development. As it would be consistent with zoning on
adjacent property and eliminate an existing spot-zone, staff
does not anticipate any adverse impacts to surrounding
properties associated with the proposed rezoning.
The project is served by Roosevelt Street, a fully improved
residential street. Staff anticipates that this street
should be able to accommodate the increase in traffic that
may be generated by the proposed zone change. Overall,
staff feels that approval of the requested zone change would
be desirable by eliminating a spot-zone and enabling better
use of the property in a mariner more compatible with surrounding
uses.
Environmental Review
The Planning Director has determined that this project will
not have a significant impact on the environment and,
therefore, has issued Negative Declarations on December 8
and December 18, 1980.
IV. RECOMMENDATION
It is recommended that the Planning Commission approve the
Negative Declaration issued by the Planning Director and
adopt Resolution No. 1749, recommending APPROVAL of ZC-220,
to the City Council based on the findings and subject to the
conditions contained therein.
ATTACHMENTS
PC Resolution No. 1749
Background Data Sheet
Location Map - Exhibit "A" dated December 29, 1980
Disclosure Form
Environmental Documents
Attachment 2: 2/2
CDN:ar
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KVCKGSDUI-1D DATA SHEET
CASE NO: ZC-22&
APPLICANT: E.SIE
REQUEST ?M) LOCATION: _Zone Change from R-l to RD-M, w/side of Roosevelt between
Chestnut and Acacia. '
LEGAL DESCRIPTION: A portion of Block 29 and a portion of Block "D" according to
Map 775 filed February 15, 1984. Also that portion of lots 1 and 2 in Section 7 of
fractional Block "A" of Map 775 filed February 34. 1894.
Assessors Parcel Number: _2Qi ~ IfiflL. 12 & 17
Acres 3.87 No. of Lots
GENERAL PLAN AND ZONING
General Plan Land Use Designation _
Density Allowed N/A
R-l
RMH
Density Proposed N/A
Existing Zone Proposed Zone RD-M
Surrounding Zoning and Land Use:
Zoning
North R-p
South R-3
East R-2
West RR RCW
Land Use
Apartments & SFR'S
Apartments
SFR'S
Railroad
PUBLIC FACILITIES
School District CARLSBAD
Water District
Sewer District
CARLSBAD
CARLSBAD EDO's N/A
Public Facilities Fee Agreement, dated
(Other:
AUGUST 29, 1980 and DEC. 5, 1980
IMPACT ASSESSMENT
, December 8, 1980Negative Declaration, acsucd & npn. TR, JQRfi
.E.I.R. Certifiedf dated __ _
ZC-220
OQier,
JcIf after the information you have submitted has been reviewed, it is determined
that further information is required, you will be so advised.
APPLICANT: Mr. Ker-Kong Tung
AGENT:
Name (individual, partnership, joint venture, corporation, syndication)
7.739". Anillo Way Carlsbad, California 92008
Business Address
S
438-9151-ext.-269
Telephone Number
Bradley and Associates
Name
P.O. Box I'M 5 San Marcos, California 92069
Business Address
744-6777
Telephone Number
MEMBERS:
Name (individual, partner, joint
venture, corporation, syndication)
Home Address
Business Address
Telephone Number Telephone Number
Name Home Address
Business Address
Telephone Number Telephone Number
(Attach more sheets if necessary)
I/We declare under penalty of perjury that the information contained in this dis-
closure is true and correct and that it will remain true and correct and may be
relied upon as being true and correct until amended.
Applicant
BY
-If after the informatio/^rou have'submit bed has been rei^^/ed, it is determined
that further information*^.s required, you will be so advised.
APPLICANT: _Roberta R_._,Whitlock (.individual)
Name (individual, partnership/ joint venture, corporation, syndication)
T 800 Grand Avenue Suite C-7 Carlsbad^ California 92008
Business .Address
AGENT:
729-7169
Telephone Number
Bradley
Name
?acanso Road San Marcos. California 92069,
Business Address
MEMBERS:
744-6777
Telephone Number
Name (individual, partner, joint
venture, corporation, syndication)
Home Address
Business Address
Telephone Number Telephone Number
Name Home Address
Business Address
Telephone Number Telephone Number
(Attach more sheets if necessary)
I/We declare under penalty of perjury that the information contained in this dis-
closure is true and correct and that it will remain true and correct and may be
relied upon as being true and correct until amended.
Applicant
Agent, O^ner, Partner
1200 ELM AVENUE - ! * ^^7 \"\ TELEPHONE:
CARLSBAD. CALIFORNIA 92003 : vWl&M/f ' (714)<335621
. .Citi> of Carte&ab
•••-.••- NEGATIVE DECLARATION
. PROJECT ADDRESS/LOCATION: The west side of Roosevelt Street between
..• 'Chestnut Avenue and Acacia Avenue, _; ,' A _ -__ - '......'' •'-.'
PROJECT DESCRIPTION: Proposed rezoning from R-l-7500 to RD-M (Residential
Density Multiple) on two relatively flat, unimproved parcels, totalling
3.89 acres. The two parcels are presently being used for agriculture„ .
A single-family residence^ exists on the larger, 2.15 acre parcel^ .
No significant impacts to the environment are anticipated from
approval of the rezoning.
•?>The City of Carlsbad has conducted an environmental review of the abo/e described
project pursuant to the Guidelines for Implementation of the California
Environmental Quality Act and the Environmental Protection Ordinance of the
City of Carlsbad. As a result of said review, a Negative Declaration (declaration
that the project will not have a significant impact on the environment) is hereby
issued for the subject project. Justification for this action is on file in the
Planning Department.
A copy of the Negative Declaration with supportive documents is on file in the
Planning Department, City Hall, 1200 Elm Avenue, Carlsbad, CA. 92008. Comments
from the public, are invited. Please submit comments in writing to the Planning
Department within ten (10) days of date of purification. /^~~^/'^ /
CASE NO: 7r_??n " // " Director of Planing
_ City of CarlsI^T
APPLICANT:
PUIiLISII DATE: Decenber 20, 1980
1200 ELM AVENUE
CARLSBAfJ. CALIFORNIA 92008
TELEPHONE:
(714) 729-1151
Cit|> of -CarMrafc
PUBLIC NOTICE OF PREPARATION
PLEASE TAKE NOTICE: . •
The Planning Department of the City of Carlsbad inteiids to prepare a
x Negative Declaration, Conditional Negative Declaration,
~ .Environmental Impact Report for the following project:
Project Description:.proposed rp.y.nrnng frcm.F.-l.t.o BD-M on .
flat, uninproved 2.15 acre parcel, presently being used for agriculture.
Project address/Location:o£ Roosevelt Street between-^
Chestnut Avenue and Acacia Avenue
Anticipated significant impacts: Nona-
We need to "know your ideas about the effect this project might have on
the environment and your suggestions for ways the project could be re-
•vised to reduce or avoid any significant environmental damage. Your
ideas will help us decide what issues to analyze in the environmental
review of this project.
Your comments on the environmental impact of the proposed project may
be submitted in writing to the Planning Department, 1200 Elm Avenue,
Carlsbad, CA 92008, no later than December..-^, 1980
CASE NO: ZC-220
APPLICANT: SIE
PUBLISH DATE: DEC. 10, 1980
Planning Director
City of Carlsbad
ND 3
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•EXHIBIT^
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CASE NO.
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