Loading...
HomeMy WebLinkAbout1982-10-19; City Council; 7109-1; Zone Change Laguna Dr between Jefferson and DavisCARLSBAD - AGEND.Q3ILL CN CO CTi $ m O «s o | o O O AR« 7/0? - / MTG. 10/19/82 nppT PLN 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 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 3 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: 10 11 12 13 I _ . ATTEST; 15 16 MARY H. CASLER, Mayor ALETHA L. RAUTENKRANZ, City Clerk 17 (SEAL) 18 19 20 21 22 23 24 25 26 27 28 .2 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 7 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 - 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. Q I-O o O O AR# 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2 26 2 28 f -»(X 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 i 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. H 1 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 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 — 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 -2- !-* : CD z E 'tof 13 8 M P"^ 8 "tf* W *» J 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 __