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HomeMy WebLinkAbout1982-08-03; City Council; 7109; Zone Change Laguna Dr between Jefferson and DavisCirQ>F CARLSBAD — AGENDiQ)ILL /3 CO C O •H 4-J •H T3 T3 0) •H QJ 0) CO 0) 0) CM O 4JCOE Q) 4J (U O ti•HO(U 01 (US-t £ U4-)4J oj•5 ."84J •c co o O -H •H 6,-ta C v-ia o Qrj |ii C CMoo COI OO CNI 00I i CO o 5 oz oo AR« 7 / 0 ^ MTG 8/3/82 OEPT. PL TITLE' ZONE CHANGE FROM R-1 TO RD-M(Q) - NORTH SIDE OF LACUNA DRIVE BETWEEN JEFFERSON STREET AND DAVIS AVENUE — ZC-259, TRAYER DEPT. HD.Jfig&M. CITY ATTY V^V CITY MBR^^^y ^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-259, per Planning Commission Resolution No.: 1987. ITEM EXPLANATION; This item is a zone change on five properties totalling 1.27 acres located as described above. The RDM(Q) zone is consistent with the RMH (1020 du's/acre) designation for this site specified by the General Plan. The applicant originally requested the RDM zone without the Q overlay. The Planning Commission adopted the Q overlay after hearing opposition from an adjacent single family homeowner. The Commission's intent was to ensure that adequate buffers were placed between the subject property when it develops and the adjacent single family residences. The applicant concurred with the Commission's action. Through staff review and Planning Commission hearing, all issues on this matter have been satisfactorily resolved. ENVIRONMENTAL REVIEW The Planning Director has determined that this project will not cause any significant environmental impacts and, therefore, has issued a Negative Declaration, dated July 2, 1982, which was approved by the Planning Commission on July 14, 1982. A copy of the environmental documents is on file in the Planning Department. FISCAL IMPACT The applicant will provide all required public improvements to the project. Also, the applicant has agreed to pay a public facilities fee to offset the costs of providing all other public services. EXHIBITS; A. P.C. Resolution No. 1987 B. Staff Report, dated July 14, 1982, w/attachments C. Memorandum dated August 12, 1982, from Land Use Planning Manager B\\ 1 2 Z 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. 1987 A RESOLUTION OP THE PLANNING COMMISSION OF THE CITY , OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONE CHANGE FROM R-1 TO RD-M(Q) LOCATED ON THE NORTH SIDE OF LACUNA DRIVE, BETWEEN JEFFERSON STREET AND DAVIS AVENUE. APPLICANT: TRAYER, ET.AL. CASE NO; ZC-259 WHEREAS, a verified application for certain property, to wit: The easterly 58 1/2 feet of Lots 1 to 6, inclusive, in Block 8 of Sunny Slope Tract of Carlsbad, Map No. 486, filed February 2, 1888 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 July, 1982, 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-259, based on the • following findings and subject to the following conditions: Findings; 1) The RDM(Q) zone is consistent with the RMH (4-10 du's/ac) land use designation on the General Plan for the reasons stated in the staff report. 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 2) The uses allowed in the RDM(Q) zone are compatible with existing and future uses in the vicinity of the subject site. Also, the Q overlay will ensure that proper buffering will be placed between the subject site and adjacent single family residences. 3) This project will not cause any significant environmental impacts and a Negative Declaration has been issued by the Planning Director on July 2, 1982 and approved by the Planning Commission on July 14, 1982. 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. Conditions: 1) Approval is granted for ZC-259, as shown on Exhibit "A", dated July 1, 1982, incorporated by reference and on file in the Planning Department. 2) 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 April 2, 1982, 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 April 26, 1982, 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 approval for this project shall be void. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the city of Carlsbad, California, held on the 14th day of July, 1982, by the following vote, to wit: AYES: Chairman Farrow, Commissioners Marcus, Rombotis, Schlehuber, Jose and Rawlins. NOES: None. ABSENT: Commissioner Friestedt. ABSTAIN: None. VERNON J. FARROW, JR., Chairman CARLSBAD PLANNING COMMISSION ATTEST: MICHAEL J. BOLZMMsLER, Secretary CARLSBAD PLANNING COMMISSION >C RESO NO. 1987 -2- APPLICATION SUBMITTAL DATE: MAY 13, 1982 STAFF REPORT DATE: July 14, 1982 TO: Planning Commission FROM: Planning Department SUBJECT: ZC-259 - TRAYER - Zone change from R-1 to RDM located on the north side of Laguna Drive between Jefferson Street and Davis Avenue. I.PROJECT DESCRIPTION The applicant requests approval of a zone change from R-1 to RD-M on 1.27 acres of property. The zone change includes five parcels. The general plan designation on the property is RMH (4-10 du's/acre) and the RD-M zone is consistent with this designation. Surrounding land uses include older single family residences to the east and west, vacant property to the north, and newer apartment buildings along the north side of Laguna Drive. Surrounding zoning consists of R-3 to the east, west and south, and R-1 to the north. II. ANALYSIS Planning Issues 1. Is the proposed RD-M zone consistent with the general plan designation of RMH? 2. Are uses allowed in the proposed zone compatible with surrounding land uses and zoning? Discussion The RD-M zone allows the development of multi-family projects including apartments and condominiums. The RMH designation allows a density which could accommodate these types of uses. Staff believes the RD-M zone is consistent with the RMH general plan designation Uses allowed in the RD-M zone would be compatible with existing and future land uses in this vicinity. Presently, apartments have been built along the south side of Laguna Drive. Older single family residences are existing on the east and west side of the subject site and, since these properties are zoned R-3, staff believes they will eventually be developed as multi-family residential Staff can make the required findings for a zone change to RD-M; therefore, staff is recommending approval of ZC-259. III. EHVIRQNMENTAL REVIEW The Planning Director has determined that this project will not cause any significant environmental impacts and, therefore, has issued a Negative Declaration dated July 2, 1982. IV. RECOMMENDATION It is recommended that the Planning Commission APPROVE the Negative Declaration issued by the Planning Director and ADOPT Resolution No. 1987 recommending to the City Council APPROVAL of ZC-259 based on the findings and subject to the conditions contained therein. ATTACHMENTS-. i .i.i........ ..,,..._,.,— j^ 1. P.C. Resolution No. 1987 2. Exhibit "A", dated July 1, 1982 3. Background Data Sheet 4. Disclosure Statement 5. Environmental Documents BH:ar 7/7/82 LOCATION LACUNA CO/ J R-3 CASE NO. ZC-259 APPLICANT _TRAY1R EXHIBIT-"A" 7/1/82 VICINITY MAP BACKGROUND DATA SHEET CASE NO: K APPLICANT: TRAYER, CHARLES REQUEST AND LOCATION: Zone Change from R-1 to RD-M northside of Laguna _ between Street and Davis Avenue. _ LEGAL DESCRIPTION: Easterly 58 1/2 feet of lots 1 to 6 in Block 8 of Sunny 1 55-27-29 , 30 , 38, Slope Tract of Carlsbad Map No. 486 , filed Feb. 2, 1888. APN; and 39 _ Acres 1.27 _ Proposed No. of Lots/Units _ 4 _ GENERAL PLAN AND ZONING Land Use Designation RMH Density Allowed 4-10 Density Proposed 4-10 Existing Zone R-1 Proposed Zone RD-M Surrounding Zoning and Land Use: Zoning Land Use Site R-1 North R-1 Vacant & SFR South g-3 Apartments East R-1 Older SFR West R-1 Older SFR PUBLIC FACILITIES School District Carlsbad Water District Carlsbad Sewer District Carlsbad Public Facilities Fee Agreement, dated April 26, 1982 ENVIRONMENTAL IMPACT ASSESSMENT X Negative Declaration, issued July 2, 1982 E.I.R. Certified, dated Other, 7 I£ after the information you have submitted has baen reviewed, it is determined t-h-ili furhher information .^required, you will be so adyj^ed-• ' APPLICAiST : j-5cr.e (individual, partnariShip, joint venture, corporation, syndication) Business Address AGENT: Telephone* Number to 1. llama Business Address TfTKO Telaohone Kucber k MSi-BSRSs Name '{individual, partner, joint: venture, corporation, syndication) /, 2L.V-3 Business Address Home £ddress Telephone Nuaber Telephone Xurober Eoma ?-ddress Business Acorass "elephsjia Nrrrbar Telephone liunber I/We declare under closure is true ar.c rolled utjcn. as beir (Attach taore sheets if necessary) rer.alty of perjury that the information contained in this dis- correct ar.d that it will remain true and correct and may be-* i trua and correct until amended. Applicant Agent, Cv.-ner, Partner OWNER AND APPLICANT Fairfax D. McKinstry 4Mf N. El Garnino Real, #65 Encinitas, Calif. 92024 LEGAL DESCRIPTION: See Attached SUBJ2CT: Property Addition, 960 Laguna Dr. Carlsbad, Calif. I certify that 1 am the legal owner , and that all the above information is true and correct to the best of ray knor] edge. Si f-nature ) */i*i Date 3.3— -s CMIER Ar!D APPLICANT Charles Trayer P.O. Box 1?76 Vista, Calif. 92083 LEGAL DESCRIPTION: See Attached SUBJECT: Property Addition, 9^-6 Laguna i £55 ~TZ To --3 S> Drive, Carlsbad I certify that I am the legal ovrner and that all the above information ! is true and' correct to the best of my knowledge. r] rr< ^ ^ /£/ , ^ ^ OWNERS AND APPLICANTS Richard Keith Smith Louis David Furrer 995 Knowles Avenue and 3751 Ivette Way Carlsbad, Ca. 92008 Carlsbad, Ca. 92008 LEGAL DESCRIPTION: See Attached SUBJECT: Property Addition, 902 and 926 Laguna Dr., Carlsbad, Ca. 92008 We certify that we are the legal owners and that all the above information is true and correct to the best of our knowledge. Signature Signature <^ J>tS^lZ?/V/sl/lfts— Date!?-/ MEMORANDUM DATE: August 12, 1982 TO: City Council FROM Land Use Planning Manager SUBJECT: ZC-259 (Trayer, et al) The City Council continued it decision on this item in order to obtain additional information from staff. Members of the Council were concerned about the impact that the requested RDM zone would have on adjacent existing single family homes on Davis Place. The attached location map (Exhibit "A") shows the relationship of the subject property to adjacent properties. The map also shows the existing zoning pattern in the area. The Council requested staff to determine whether any other zones besides the RDM would be consistent with the General Plan which designates the subject property for RMH (10-20 du's/acre). A review by staff indicates that the R-2 zone would be the only other zone that would fall within the General Plan designation. The R-2 zone would permit 2 units per lot or a maximum of 14 units per acre if developed under the Planned Development Ordinance. Council Options It appears that there are several options which the Council can consider regarding this zone change request. These options are as follows: 1. Approve the R-2 zone rather than the RDM zone. The R-2 zone would be consistent with the General Plan. 2. Approve the RDM zone with the Q Overlay as recommended by staff and the Planning Commission. This would require the applicant to process a site development plan and show how the development of the property under the RDM zone would be compatible with adjacent, existing development. 3. Apply a split-zone to the most westerly parcels; RDM and R-2 or R-1 (see attached Exhibit "B"). This would help to buffer the rear yards of the single family homes on Davis Place. However, given the narrow width of these two parcels, staff believes that this would be a difficult option to implement. 4. This item has brought to the city's attention that perhaps in certain instances the density range permitted by the RDM zone may be too open-ended, especially when the property in question is in a transition area between MJH:kb multifamily and single family. The last option, there- fore, would be for the Council to deny the requested zone change at this time and to direct staff to consider an amendment to the Zoning Ordinance. The amendment would allow the city, when it deems necessary, to be more specific concerning the actual desired density that would be permitted when granting the RDM zone. This is presently done in the R-1 zones when, for example, the city believes that the zoning should be R-1-10,000 rather than R-1-7,500. Attachments: Exhibit "A" - Location Map Exhibit "B" - Split-Zone Proposal LOCPATION LAGUNA DR R-P CASE ^IQ. ZC-259 APPL8CAMT TBAYER EXH!B!T-"AW 7/1/82 VJC!N)TY MAP R-2 RD-M LACUNA EXHIBIT-B ZC-259