The URL can be used to link to this page

Home My WebLink About1981-05-19; City Council; 6601; Zone Change from R-3 to R-P-QAGENDA BILL INITIAL AGENDA BILL NO: lobOl DEPT. IAL; BH:ar ft, . HD. RuV _> DATE: MAY 19, 1981 CTY. ATTY DEPARTMENT: PLANNING CTY. MGR.i . V SUBJECT: ZONE CHANGE FROM R-3 TO R-P-Q CASE NO: ZC-230 APPLICANT: BANDEMER & SCHLEHUBER STATEMENT OF THE MATTER: This request is for a zone change frcrn R-3 (Residential-Multiple Family) to R-P-Q (Residential/Professional Qualified Overlay) en eight parcels located on the east side of Jefferson Street between Laguna Drive and Home Street. The applicant's intent is to receive zoning to allow the conversion of an existing single-family residence to an attorney's office located at 2720 Jefferson Street. The Planning Ccnmission considered a zone change for 2720 Jefferson Street and denied the request without prejudice. The Catmission suggested that the applicant amend the request to include all the properties fronting Jefferson Street between Hone Street and Laguna Drive. The applicant amended his request and staff still recomiended denial because staff believes that Jefferson Street and Home Street form a logical land use boundary between multiple family development to the north and east and professional offices to the west and south. The Planning Commission disagreed and felt a more logical zoning boundary was the line forming the rear property lines of parcels fronting Jefferson Street and therefore is recommending approval. For public noticing reasons, the Planning Commission is recommending approval for 8 lots at this time and has requested staff to bring back the remaining lots on this block which front on Jefferson Street for rezoning to R-P-Q. FISCAL IMPACTS The applicant is required to provide necessary public improvements prior to con- version of the existing single family residence to an office use. Also, the applicant has agreed to pay a public facility fee to offset the cost of provid- ing other public services to the project. ENVIRONMENTAL REVIEW The Planning Director has determined that this project will not cause any signi- ficant environmental impacts and, therefore, has issued a Negative Declaration, dated March 11, 1981, which was approved by the Planning Cotmission on April 8, 1981. A copy of the environmental documents is on file in the Planning Depart- ment. RECOMMENDATION The Planning Commission recommends that this application be APPROVED and that the City Attorney be directed to prepare documents APPROVING ZC-230, per Planning Commission Resolution No. 1792. ATTACHMENTS 1. Resolution No. 1792 2. Staff Report, dated April 8, 1981 AGENDA. BILL NO. 6601 May 19, 1981 Page 2 Council Action: 5-19-81 Council directed the City Attorney to prepare documents approving ZC-230, per Planning Comnission Resolution No. 1792. 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 PLANNING COMMISSION RESOLUTION NO. 1792 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A ZONE CHANGE FROM R-3, MULTIPLE FAMILY RESIDENTIAL TO RP-Q, RESIDENTIAL PROFESSIONAL WITH A QUALIFIED OVERLAY ZONE ON PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF JEFFERSON STREET BETWEEN LACUNA DRIVE AND HOME STREET. APPLICANT: BANDEMER AND SCHLEHUBER CASE NO; ZC-230 ' __^_ WHEREAS, a verified application for certain property, to wit: Lots 2-7 in Schell and Sites Addition to Carlsbad, according to Map thereof No. 2145 filed in the Office of the County Recorder, February 20, 1979, and a portion of Tract 117 of Carlsbad Lands according to Map thereof No. 1661, filed in the Office of the County Recorder of San Diego County, March 1, 1915. 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 8th day of April, 1981, 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-230, based on the following findings and sub3ect to the following conditions: 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 e Findings; 1) The proposed change of zone to RP-Q is consistent with the General Plan designation of RMH/O since a designation sucli as this is applied to an area which is suitable for either1 multiple-family residential use or office use. 2) Although the subject properties are narrow, the Q Overlay Zone designation requires that a site development plan be processed and approved in order to insure that the properties are suitable for the type of uses and density of development allowed in the RP zone. 3) The RP zone is compatible with surrounding properties since the zone provides a transition between office uses existing on the west side of Jefferson Street and residential uses located to the east of the subject properties. 4) 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. 5) The Planning Director has determined that this zone change will not have a significant impact on the environment and therefore, issued a Negative Declaration on March 11, 1981, which was approved by the Planning Coirmission on April 8, 1981. 6) The proposed change of zone is consistent with all other elements of the General. Plan. Conditions: 1) 2) The change of zone from R-3 to RP-Q shall be for those properties shown on Exhibit "B" dated April 22, 1981. *• This project is approved upon the express condition that the applicant 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 agreement executed by the applicant for payment of said fee a copy of that agreement dated February 3, January 7, January 8, 1981, December 29, October 23, and December 19, 1980, is on file with the City Clerk and is incorporated herein by reference. If said fee is not paid as promised, this application v/ill not be consistent with the General Plan and approval for this ,-,... project shall be void. PC rRESO £1792 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the city of Carlsbad, California, held on the 22nd day of April, 1981, by the following vote, to wit: AYES: Chairman Marcus, Commissioners Rombotis, Jose, and L'Heureux. NOES: None. ABSENT: Commissioner Friestedt. ABSTAIN: Commissioners Farrow and Schlehuber. MARY MARGES, Chairman CARLSBAD/PLANNING COMMISSION ATTEST: JAMES C/ HASAWMI/ S^ecretary CARLSBAD PLANNINGxpOMMISSION PC RESO #1792 —3— -s STAFF REPORT DATE: April 8, 1981 TO: Planning Commission PROM: Planning Department ' SUBJECT: ZC-230 - BANDEMER AND SCHLEHUBER - Request for a Zone Change 'from R-3 (Multiple Family Residential) to R-P(Q) (Residential Professional) with a Q overlay on eight parcels located on the east side of Jefferson Street "between.Laguna Drive and Home Street. I.PROJECT DESCRIPTION AND PAST HISTORY The applicants are requesting to change, the zoning of eight parcels from R-3 (Multiple Pamily Residential) to R-P(Q) Residential Professional (Qualified Overlay). The eight lots, all of which front on Jefferson Street vary iri size from .15 to .18 acres in size. The subject properties are occupied by older single family homes and duplexes. As shown on Exhibit "A", two lots with frontage on Jefferson between Laguna Drive and Home Street are not included in the requested zone change. The larger lot which has an area of .83 acre is occupied by a recently constructed apartment complex. The smaller triangular shaped parcel is occupied by a single family residence. The properties tj the north and east of the requested zone change are occupied by a mixture of multiple family and single family "dwellings. The properties to the south and west of the proposed zone change are zoned R-P and occupied by a mixture of office and residential uses. At the Planning Commission meeting of-December 10, 1980, the applicant requested a zone change from R-3 to R-P for the parcel immediately north of the .83 acre apartment site. At that time, the Planning Commission believed the requested zone change constituted "spot zoning" and "recommended denial.to the City Council. Two Commissioners indicated they would be more favorably receptive to the request if all of the lots fronting. on Jefferson Street between Laguna Drive and Home Street were zoned to R-P(Q). II.ANALYSIS - . , Planning Issues: 1) Is the proposed R-P(Q) zone consistent with the RMH/0 General Plan designation? 2) Is the proposed R-P(Q) zone and uses allowed within this zone consistent with surrounding zoning and land uses? III. DISCUSSION The subject properties have a General Plan designation of RMH/0 (Residential Medium-High Density/Office). A designation such as this is applied to an area which is suitable for either multiple- family residential use or office use. The requested R-P(Q) zone could "be considered consistent with this land use designation. The (Q) Qualified Development Overlay Zone supplements the underlying R-P zone by providing additional regulations for development within the overlay area. One of the purposes of this designation is to provide that the development will be compatible with surrounding developments, both existing and proposed. Staff still has concerns about the requested zone change. As previously pointed out, all of the properties to the south of the apartment project consist of single family homes and duplexes on narrow substandard lots that would be difficult to develop for office purposes. Also, it appears that the applicants are requesting a zone change for eight parcels to allow them to develop one of these parcels for office purposes. None of the other property owners have indicated an interest in converting their residences to office uses. Staff feels the proposed office use on the applicant's property would not be compatible with existing surrounding land uses since it does not appear that the other parcels on the east side of Jefferson Street between Laguna Drive and Home Street will be used for office purposes and other existing residential uses are located to the east and the north. Also, staff feels that Jefferson Street acts as a natural boundary between the office use on the west side of the street and the residential uses on the east side of the street. In staff's opinion, rezoning eight parcels to R-P(Q) to allow one of these parcels to be developed for office purposes would create an incompatible use. Staff feels the requested zone change is premature at the present time and that Jefferson Street acts as a natural boundary. Therefore, staff is recommending denial of the application. ENVIRONMENTAL REVIEW The Planning Director has determined that this project will not have a significant impact on the environment and therefore has issued a Negative Declaration on March 11, 1981. -2- IV. RECOMMENDATION It is recommended that the Planning Commission APPROVE the Negative Declaration issued by the Planning Director and adopt Resolution No. 1792, recommending DENIAL of ZC-230 to the City Council based on the findings contained therein. ATTACHMENTS 1) .PC Resolution No. 1792 2) Background Data Sheet 3) location Map 4) Disclosure Form 5) Exhibit "A" dated March 17, 1981 6) Environmental Documents MH:ar 3/25/81 -3- /"•s BACKGROUND DATA SHEET CASE NO; ZC-230 APPLICANT: BANDEMER g SCHLEHUBER AND LOCATION: ZONE CHANGE FROM R-3 CMULTIPLE FAMILY RESIDENTIAL") TO R-P(Q) CRESIDENTIAL-PROFESSIONAL QUALIFIED OVERLAY), EAST SIDE OF JEFFERSON. BETWEEN.LAGUNA AND HOME. ^_ LEGAL DESCRIPTION: LOTS 2, 3, *f, 5, 6 & 7 IN SCHELL AND SITES ADDITION TO CARLSBAD TRACT 117 ACCORDING TO MAP THEREOF NO. 21^5 FILED FEBRUARY 20, 1929, AND A PORTION OF CARLSBAD LANDS ACCORDING TO MAP 1661 FILED MARCH 1, 1915. Assessors Parcel Number: 203 - 201 - . 2,3.^,5,6,7,16 & 17 Acres 1.35 No. of Lots 8 . GENERAL PLAN AND ZONING General Plan Land Use Designation RMH-0 Density Allowed 10-2.0 Density Proposed N/A Existing Zone R~3 Proposed Zone R-P-CQ) Surrounding Zoning and Land Use: Zoning Land Use North R-3 RESIDENTIAL South R-P RESIDENTIAL East R-3 RESIDENTIAL West R~P OFFICE PUBLIC FACILITIES School District CARLSBAD Water District CARLSBAD Sewer District CARLSBAD EDU's N/A Public Facilities Fee Agreement, dated FEB. 3, 1981, JAN. 8, 1981, JAN. 8, 1981, (Other: JAN. 7, 1981, DEC. 29, 1980, OCT. 23, 1980 S DEC. 19, 1980. ) ENVIPONMENTAL IMPACT ASSESSMENT X Negative Declaration, issued MAR. 11, 1981 Log No. ZC-230 E.I.R. Certified, dated • Other, LOC&T a B-P R-F CASE MQ. •>>« CASE NO. ZC 13O EXHI BIT A •>I7-£>| APPLICANT if after the information you have submitted has been reviewed, it is determined that further information is required, you will be so advised. APPLICA3Ts OTTO H. BANDEMER and CLARENCE H. SCHLEHUBER Name (individual, partnership, joint venture, corporation, syndication) 690 Elm Ave., Suite 101, Carlsbad, CA 92008 ^^ Business .Address • • 729-1131 Number Cecil, Marian and Steven Lingenfelter 1360 Groveland Place Naitu Pomona, Ca, 9]678 Business Address MEMSERS: Telephone Number Naiie (individual, partner, joint venture, corporation, syndication) Home Address Business Address Telephone 'Number Telephone Number Nane Home Address Business Aldress Telephone Number Telephone Number (Attach more sheets if necessary) I/He declare under penalty of perjury that the information contained in this dis- clostwe is true and correct and that it will remain true and correct and may be relied upon as being true and correct until amended. BANDEMER & SCHLEHUBER Applicant Mr, and Mrs. Calvin Perkett 812 Home Avenue Carlsbad, CA 92008 Mr. and Mrs. Harold Muller 1936 E. Hope Mesa, AZ 85201 Mr. and Mrs.- Robert Nelson 6755 Montia Court Carlsbad, CA 92008 Mr. and Mrs, Dennis McKee 4050 Sunnyhill Drive Carlsbad, CA 92008 Margaret Mann Estate 2772A Jefferson Carlsbad, CA 92008 Guadalupe & Josefina de los Santos 2770 Jefferson Carlsbad, CA 92000 Otto H. Bandemer and Clarence H. Schlehuber 2720 Jefferson Carlsbad, CA 92008 Mr. and Mrs, Cecil Lingenfelter 1360 Groveside Place Pomona, CA 91768 Mr. and Mrs. James R. Sullivan 2361 Bautista Vista,CCA 92083 Mr. and Mrs. Frank J. Walls 4050 Sunnyhill Carlsbad, .CA 92008