HomeMy WebLinkAbout1982-10-19; City Council; 7109-1; Zone Change Laguna Dr between Jefferson and DavisCARLSBAD - AGEND.Q3ILL
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MTG. 10/19/82
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TITLEi 7ONP PFT AwnF P*POM p— 1 TO RHM ( n \
NORTH SIDE OF LACUNA DRIVE BETWEEN
JEFFERSON STREET AND DAVIS AVENUE
7C— ?S9 TRAYFR FT1 AT.
nFPT HO W^Mf
CITY ATTYS'l ?S
CITY MGf^^^1^
RECOMMENDED ACTION:
It is recommended that Parcels C, D and E as shown on Exhibit "A"
be rezoned to the RDM(Q) zone and that Parcels A and B retain
the existing R-1 designation. If the Council concurs, your
action would be to introduce Ordinance No. J&)S~&
ITEM EXPLANATION
This item has been continued twice by the City Council in order
to obtain additional information. Although the applicant's
request for rezoning to the RDM zone is consistent with the
general plan, the Council was concerned about the impact that the
zone change would have on the adjacent, existing single family
homes located on Davis Place.
In response to Council's request, the applicant has submitted a
letter (attached) detailing the reasons for his request and
indicating the number of units which would be permitted on each
lot included as part of the zone change if the request for RDM
zoning is approved. The greatest number of units would be
permitted on Parcels A and B. These are the most westerly lots
and the ones which will probably have the greatest impact on the
adjoining single family neighborhood because of their depth and
the fact that their side yard (5 ft. setback required) abuts the
rear yards of the single family homes on Davis Place.
Staff is presently working on an amendment to the RDM zone which
would provide procedures for better adapting the RDM zone when it
is used in a transition area between multi-family and single
family. After reassessing this application and doing additional
field work, staff does not believe that the two westerly parcels?
Parcels A and B should be rezoned until the RDM zone is amended.
Staff still can support the rezoning of the smaller parcels;
Parcels C, D and E, but only with the application of the Q
Overlay zone. 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. The compatibility features that staff would be
looking for in the development of these parcels would be reduced
height (i.e., one-story), increased setbacks and additional
landscape screening.
Staff recommendation, therefore, is to rezone Parcels C, D and E
to the RDM(Q) zone but to deny a rezone on Parcels A and B at
this time.
ENVIRONMENTAL REVIEW
The Land Use Planning Manager 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 Land Use
Planning Office.
Page 2 of Agenda Bill | 7 I Ol ~ I
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
1) Ordinance No. 9^6^~0 , with attached Exhibit "A"
2) Letter from applicant dated August 25, 1982
3) Previous report to City Council from Land Use Planning
Manager dated August 12, 1982
4) Previous agenda bill with attachments
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ORDINANCE NO. 9650
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, AMENDING TITLE 21 OF
THE CARLSBAD MUNICIPAL CODE BY AMENDING THE
ZONING MAP TO GRANT A CHANGE OF ZONE (ZC-259)
FROM R-1 TO RDM(Q) ON PROPERTY GENERALLY
LOCATED ON THE NORTH SIDE OF LACUNA DRIVE
BETWEEN JEFFERSON STREET AND DAVIS AVENUE.
ZC-259
ef
The City Council of the City of Carlsbad, California does
7 ordain as follows:
8 SECTION 1: Title 21 of the Carlsbad Municipal Code is
g amended by the amendment of the zoning map to grant a change of zone
(ZC-259) from R-1 to RDM(Q) on property as shown on the map marked
ZC-259 - Exhibit A, attached hereto and made a part hereof.
SECTION 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 August 29, 1979 and
amended on April 2, 1982 on file with the City Clerk and incor-
porated 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 incor-
porated 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. Said fees shall be paid
based on the April 2, 1982 version of Policy No. 17.
EFFECTIVE DATE: This ordinance shall be effective thirty
days after its adoption, and the City Clerk shall certify to the
adoption of this ordinance and cause it to be published at least
once in the Carlsbad Journal within fifteen days after its
adoption
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INTRODUCED AND FIRST READ at a regular meeting of the
Carlsbad City Council held on the day of
1982 and thereafter
PASSED AND ADOPTED at a regular meeting of said City
Council held on the day of , 1982 by the
/»0 following vote, to wit:
7 AYES:
8 NOES:
9 ABSENT:
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_ . ATTEST;
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MARY H. CASLER, Mayor
ALETHA L. RAUTENKRANZ, City Clerk
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H
R-1 ZONE
TO REMAIN
(PARCELS A&B)
A B
ZONE CHANGE
FROM R-1 TO RD-M-Q
(PARCELS C,D&E)
LAGUNA
EXHIBIT-A
TO ORDINANCE NO.
ZC 259
Mr. Charles N. Trayer
2323 Tamara Lane
San Marcos, CA 92069
August 25, 1982
City of Carlsbad
1200 Elm Street
Carlsbad, CA 92008
Dear PL/*-/»Jwca^
As you know. I am applying for a zone change on a Parcel
located just outside the redevelopment zone in Carlsbad,
(Z.C.259). I have lived in Carlsbad since 1958 and have
seen growth from 6,000 population to the present, I have
admired the concern of the Carlsbad citizens in determining
their destiny. I too am concerned about the growth of the
city and the needs of its citizens,
I own one of the five Parcels being considered for zone
change. The other four Parcels are separately owned. The
West Lot adjacent to mine (see attached map) is presently
occupied by the owner and the Lot to the East is a 450
square foot rental house. The rental houses were moved on
to the property when the Freeway was constructed and are
now in poor condition.
Under the zone \ve are requesting RDM (10-20 D.U's/ac) each
separate Parcels would accomodate the following units:
Parcel A 4«8 units to 9«6 units
Parcel E 4,4 units to 8,8 units
Parcel C 1,9 units to 3,8 units
Parcel D 2,2 units to 4»4 units
Parcel £ 1,4 units to 2,8 units
As you can see the separate lots are small and do not
constitute high density. Each lot is separately owned
excepting Parcels A & B, The purpose of applying together
was to lower the cost and avoid spot zoning, as I was the
only owner interested in developing, I feel the RDM-Q Zone
will enable the City to control the type of project built
and placate the surrounding neighbors,
RECEIVED
AUG27198*
CITY OF CARLSBAD
Planning Department
Page Two of Two Pages
At present Parcels D & E are being considered for privately
funded Senior Citizen Housing under the existing Carlsbad
Ordinance. Parcel C is occupied by the owner and will remain
so. Parcel A & B is not being considered for development at
this time,
I feel Senior Citizen Housing on my Parcel will benefit the
needs of not only the Seniors, but also the City of Carlsbad,
The density I am proposing is 36 DU's/AC instead of 75 DU's/AC
allowed in the Ordinance,
The structure will be a 4-Plex with the lower garages utilized
as units, thereby allowing for conversion back to a if-Plex.
The Parcel is located near the Carlsbad Village area and will
enable the Senior to utilize the facilities provided in the
downtown area. My feelings are also shared by Mr, Jimmink,
whose letter is also enclosed with this one.
As you can see on the attached sheet, the Parcel we are
requesting the zone change on, is only one of several Parcels
abuting R-l. The Parcel is also surrounded on three sides by
R-3 property, which is consistant with the General Plan,
In dealing with the City of Carlsbad in the past, I have found
that typically what was previously planned could usually be
relied upon as fact. This is the assumption I used when I
purchased the property and later applied for the Zone change.
The creation of a spot zone does not seem consistent with
the City's past performance and in this case seems unreasonable
in that I am striving to provide much needed housing within
the Carlsbad Village area.
If you would like to discuss this further, please feel free to
contact myself or my Contractor,
respectfully Yours,
Charles N, Trayer
Owner Parcel "D"
CNT:gb
CC: City Council
City Planning Department
Enclosures
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t A GUN A
c
Incorporated In the State of California,, 1975 Corporate number 738728
A Non-Profit Corporation
CARLSBAD SENIOR CITIZENS' ASSOCIATION
August 25, 1982
BOARD OF DIRECTORS
Dr. Francis Lantz
Chairman
Manuel Castor*na
Vice Chairman
Ed* W*t tr**
Secretary
H*l*n Duncomb*
Recording Secretary
Bitty Holgaard
Treasurer
Norrls Coehran
Tom Cunning
Raymond Ed*
Dr. Edgar Lute
Ql*n McComaa
Jack M. Jlmmlnk
Executive Director
Ann Kulchln
City Council
Representative
258 Beech Avenue
Carlsbad, California 92008
Phone (714) 434-4127
Mr. Charles Thrayer
P. 0. Box 1774
Vista, Ca. 92083
Dear Mr. Thrayer:
As per our previous conversations on behalf of
the Carlsbad Senior Citizens Association, I am
forwarding this letter of support for your Senior
Housing Project.
We are constantly beseeched for housing by seniors
who currently reside in Carlsbad, and from those
who live in other states who wish to retire here.
Our Board of Directors has indicated a willingness
in assisting you in placement for rentals and
planning assistance. Your reflection rentals of
one bedroom at $350.00 and two bedrooms at $400.00
seems to be on a realistic level within seniors '*•
range for payment .
If I can be of any further assistance, please let
me know .
Sincerely yours,
fO-?>r?U-
ick M. Ji/fafnink
Executive Director
JMJ/hw
•*tA>
C-
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=,
Covmcil Opt ions
It cippears 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 whan
the property in question is in a transition area between
MJH:kb
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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 Hap
Exhibit "B" - Split-Zone Proposal
LACiOMA
EXH3B1T-8
ZC-259
CSPI-OF CARLSBAD — AGEMDJILI
"Z.
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DE-PT. PL
TITLE: ZONE CHANGE FROM R-1 TO RD-M(Q) -
NORTH SIDE D? LACUNA DRIVE BETWEEN
JEFFERSON STREET AND DAVIS AVENUE -
ZC-259, TRAYER
DEPT. HD..
CITY ATTY
CITY jVIQR,-
RECOMMENDED ACTIOM:
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-259s 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, har;
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 1982, ^/attachments
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PLANNING COMMISSION RESOLUTION NO. 1987
A RESOLUTION OF 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. 486f
filed February 2, 1888
has been filed with the city of Carlsbadf 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 " j
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 persona j
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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, th<=
Commission recommends APPROVAL of ZC-259P 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.
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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 2r 1982 and approved by the Planning
Commission on July 14, 1982,
4) The applicant has agreed ana 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 Julyf 1982, by the following vote, to wit:
AYESs Chairman Farrow, Commissioners Marcus, Rombotis,
Schlehuber, Jose and Rawlins.
NOES: None*
• ABSENT: Commissioner Friestedt,
ABSTAIN: None*
VERNON J. FARROW, JR.t Chairman
CARLSBAD PLANNING COMMISSION
i
ATTEST:
MICHAEL J. HOLZM'HfLER, Secretary
lARLSBAD PLANNING COMMISSION
>C RESO NO. 1987 -2-
A^f: ' ,1 CATION SUBMITTAL DATE
"^ MAY 13, 1982
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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.
Pi anning 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?
Disc ussier'.
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.
111- EHV"RONMENTAL REiVI EW
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
•_.•.!,— !.!- .— ... - - >. '
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
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AHiBIT- A VJCJNiTY MAP
W ' ' s*X
BACKGROUND DATA SHEET
CASE NO: J2K^2E»7
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
155-27-29,30,38,"
Slope Tract of Carlsbad Map No. 486, filed Feb. 2? 1888. APN;
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
Surrounding Zoning and Land Use;
Zoning Land Use
Site R-1 _______
North R-1 Vacant & SFR
South R-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
ENVI RONMP:NTAL i MPACT ASSESSMENT
X Negative Declaration, issued ^July 2, 1982
E.I.R. Certified, dated
Other, ; ^___ \°i
J V ^
• If after the information you have subcr.it. te.S has Faefi
:thAt"'fux-bher infornatioa ^required^ you will be so ac$
APPLICANT:i-V-rV-.
jia.-r.e (individual, partnership, joint venture,, corporation,, syndication}
Business Address
AGEttT:
<a.°t Nuabar
U i l\W
Businaas Address
Telaohona
' '.;•-. iE&BBBSs;
-{individual, partner, joint: _
Ventura^, corporation, syndication)
Business Address
Telephons Number Telephone Ku-nljsr2r
Eome ?.ddress
Telephone Sun
I/:-?e declaire un
closure is true
relied upon as
(?»ttach more shaets if necessary)
pe.-.alty of perjury that th= information contained irt this rlxj
correct and that it will remain true and correct and i?.ay be-*
: rrrae and correct until amended.
Applicant
OWNER MID APPLICANT
Fairfax D. McKinstry
i^j. N. El Camino Real, #
Encinltas, Calif.
LEGAL DESCRIPTION: Sea Attached
SUBJECT: Property AdditionV""960 Laguna Dr.
Carlsbad, Calif.
I certify that I am the legal owner ,
.and that all the above information is
true and correct to the best of ray
kno\v] .edge. .
Si gn a tu r e >_ ~jv,;3Z. ^at
-VxC-^V 'Z,
•w>
Wim AI-ID APPLICANT
Charles Trayer
P.O. Box 1776
Vista, Calif. 92033
LEGAL DESCRIPTION: See Attached
SUBJECT: Property Addition, 9^-6 Laguna
Drive/ Carlsbad
I certify that I am the legal
ovrner and that all the above 'information
is true arid.' correct to the bast of rny
knov/ledge,,
Signature L
OWNERS AND APPLICANTS
Richard Keith Smith Louis David Furrer
995 Knovles Avenue and 3751 Yvette Vfay
Carlsbad, Ca. 92008 Carlsbad, CaB 92008
LEGAL DESCRIPTION: See Attached
SUBJECT: Property Addition, 902 and 926 Laguna Dre>
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*
, Date >r^-/<2- gg __