HomeMy WebLinkAbout1984-02-07; City Council; 7635; Zone Change - Harrington8 ti
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CITf- >F CARLSBAD - AGENDA AtL-
,B# 74.35 TITLE Zm CHANGE E'ROt4 R-1-15 m R-1-10 B~EN DEPT. HD.
ITG. 2/7/84
IEPT.
ADAMS smm AND XXlA HEDIoNI3A IEu;ooN. ZC-296 - HARFCCNcroN. PLN
RECOMMENDED ACTION:
130th the Planning coaranission and the staff are recomerding that the City Council introduce Ordinance No. 9709 , APPX"G ZC-296.
ITEM EXPLWATION
The applicant is requesting a zone change from R-1-15,000 to R-1-10,000 on 14.55 acres located between Adams Street and Agua Hedionda Lagoon south of Hoover
Street. vacant . There are 12 existing lots within the proposed area. The lots are all
The proposal would result in an increase of 33% in density and would raise the possible number of units permitted from 38 to 58. The Planning Comnission, at their January 11 hearing, had mncerns regarding the increase in density in relation to the steepness of the slopes. requirements of the Agua Hedionda Specific Plan, hi& include future site review, would provide protection against any grading or other impacts on the sensitive lagoon area.
They felt, mer, that the
FISCAL IMPACI'S
There will be no direct fiscal impact created by the proposed zone change. property Owners have agreed to pay a public facilities fee at the time of developent to offset any future public costs.
The
ENVI-AL REVIEW
The Land Use Planning Manager has determined that this project Will not cause any significant enviromntal impacts, and therefore, has issued a Negative Declaration, dated Decen33er 30, 1983 which was approved by the Planning Comnission an January 11, 1984.
EXHIBITS
'i- 1 . Location Map
2. Ordinance No. 97;93,-i#'
3. pc Resolution No.
4. pc Staff Report w/attachments
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LOCATION MAP ’
4- SITE
CHANGE FROM R-1-15
TO R-1-10
2 GREG HARRINGTON ZC-296
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ORDINANCE NO. 9709
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
FROM q-1-15,OOO To R-1-10,OOO ON 14.55 ACRES ON
PROPERTY GENERALLY LOCATED ON THE SOUTH SIDE OF
ADAMS STREET EAST OF HOOVER STREET.
APPLICANT: HARRINGTON
CASE NO: ZC-296
The City Council of the City of Carlsbad, California, does
1 xdain as follows: i
SECTION 1: tle 21 of the Carlsbad Municipal Code is
of a zonin om R-1-15,000 to R-l-
attached hereto and
SECTION 2:
10,000 on property as
required by City Cou
zondition that the applica
and according to the agreements
City Clerk and incorporated
paid as promised, this
General Plan and
based on th
days after its adoption, and the City Clerk sh certify to the
adopt ion.
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INTRODUCED AND FIRST READ at a regular meeting of the
arlsbad City Council on the day of , 1984,
nd thereafter
PASSED AND ADOPTED at a regular meeting of said City
day of , 1984, by the
,TTEST:
v MARY H. CASLER, Mayor
\ ABSEN~ :
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MARY H. CASLER, Mayor
i
,TTEST:
,LETHA Le RAUTEN
SEAL)
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GREG HARRINGTON ZC-296 * 2
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PLANNING COMMISSION RESOLUTION NO. 2239
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONE
CHANGE FROM R-1-15,000 TO X-1-10,OOO ON PROPERTY GENERALL
LOCATED ON THE SOUTH SIDE OF ADAMS STREET, EAST OF HOOVER
STREET.
APPLICANT: GREGG HARRINGTON
CASE NO. : ZC-296
WHEREAS, a verified application for certain property, to
wit:
Lots 1, 3, 4, 5 and a portion of Lots 2 and 6 of
Bellavista according to Map 2152 filed March 7, 1929,
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 11th day of
January, 1984, 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:
That the foregoing recitations are true and correct.
That based on the evidence presented at the public hearing,
the Commission recommends APPROVAL of ZC-296, based on the
following findings and subject to the conditions contained
therein.
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Findings :
The proposed zone change to R-1-10,000 is consistent with the
General Plan since this designation would allow the subject
properties to be developed at a density of up to 4 du/ac-ZIind
the General Plan has designated this area as RLM, Residential
Low-Medium (0-4 du/ac).
The proposed zone change to R-1-10,000 is consistent with the
Agua Hedionda Land Use Plan since this designation would allow
the subject property to be developed at a density of up to 4
du/ac and the Agua Hedionda Land Use Plan has designated this
area as RLM, Residential Low-Medium (0-4 du/ac).
The project is consistent with all City.public facility pol-
icies and ordinances since:
a) The Planning Commission has, by inclusion of an appropriat
condition to this project, insured that the final map will
not be approved unless the City Council finds that sewer
service is available to serve the project. In addition,
the Planning Commission has added a condition that a note
shall be placed on the final map that building permits may
not be issued for the project unless the City Engineer
determines that sewer service is available, and building
cannot occur within the project unless sewer service
remains available, and the Planning Commission is satisfie
that the requirements of the public facilities element of
the general plan have been met insofar as they apply to
sewer service for this project.
The proposed zone change is consistent with all other elements of the General Plan.
The project is within the Agua Hedionda Land Use Plan which
requires approval of a special use permit for the construction of all units other then a single family residence. This will
ensure that the proposed project will be sensitive to the
existing topography and compatible with adjacent development.
This project will not cause any significant environmental
impacts and a Negative Declaration has been issued by the Land Use Planning Manager on December 30, 1983 and approved by the
Planning Commission on January 11, 1984.
Conditions:
1) Approval is granted for ZC-296, as shown on Exhibit "A", dated January 5, 1984, incorporated by reference and on file in the
Land Use Planning Office.
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//// PC RES0 NO. 2239 -2-
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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, copies of these agreements, dated
September 308 1983, October 3, 1983, October 7, 1983 and
November 11, 1983, 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.
Planning
the 11th
ATTEST :
PASSED, APPROVED AND ADOPTED at a regular meeting of
Commission of the City of Carlsbad, California, held
day of January, 1984, by the following vote, to wit:
AYES :
NOES :
ABSENT :
ABSTAIN :
the
on
JERRY ROMBOTIS , Chairman
CARLSBAD PLANNING COMMISSION
MICHAEL J. HOLZMILLER
LAND USE PLANNING MANAGER
PC RES0 NO. 2239 -3-
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STAFF REPORT
DATE : January 11, 1984
TO : 'Planning Commission
FROM : Land Use Planning Office
SUBJECT: ZC-296 - GREGG HARRINGTON - Request for a zone change
from R-1-15,000 to R-l-lO,OOO for 12 lots with a
combined area of 14.55 acres located on the south side
of Adams Street, east of Hoover Street.
I. RECOMMENDATION
It is recommended that the Planning Commission APPROVE the
Negative Declaration issued by the Land Use Planning Manager and
ADOPT Resolution No. 2239 recommending APPROVAL of ZC-296 based
on the findings contained therein.
11. PROJECT DESCRIPTION AND BACKGROUND
The applicant is requesting that the zoning of the above
described parcels be changed from R-1-15,000 to R-1-10,000. Agua
Hedionda Lagoon is on the south side of the subject properties
and the property to the west is vacant. The property to the east
is occupied by a restaurant and some of the properties to the
north are occupied by single family residences, while others are
vacant.
The properties involved in this zone change are vacant and
covered with brush. Most of the properties involved in this zone
change slope steeply down to Agua Hedionda Lagoon. The Agua
Hedionda Land Use Plan and Carlsbad General Plan designate these
properties as RLM, Residential Low-Medium (0-4 du/acre).
A zone change for a small portion of these properties was
submitted by the same applicant approximately six months ago. Staff recommended denial of the proposed zone change for a number of reasons. The main concern was that the proposed zone
change appeared to be a spot zone. Staff also had concerns
about increasing density in this area because of the steep topography, circulation and compatibility with existing development. The applicant was informed that staff would look upon the requested zone change more favorably if all the property between the "Masion du Luc" restaurant and the east side of Hoover Street were included in the proposed zone change.
This would eliminate staff ' s concern about the proposed zone
change resulting in a small spot zone. The applicant has
submitted a new application which includes all of the above
mentioned properties.
111. ANALYSIS T
Planninq Issues
1) Is the proposed R-l-lO,OOO designation consistent with the RLM General Plan and Agua Hedionda Land Use Plan
designation?
2) Is the proposed R-l-lO,OOO zone and the uses allowed
P within this zone consistent with surrounding zoning and
land uses?
Discussion
Both the existing R-1-15,OOO and the proposed R-l-lO,OOO zone are
consistent with the General Plan and Agua Hedionda Land Use Plan
designation of RLM (0-4 du/ac) on this site.
The proposed zone change from R-1-15,000 to R-l-l0,000 would
result in a 33% density increase on the subject properties. This
would allow the total number of units on the subject properties
to increase from a maximum of approximately 42 to 63.
Staff believes that the proposed density increase will not
adversely impact this area. The Engineering Department has
informed staff that the proposed zone change will increase traffic in this area, but the existing street system appears to be adequate to handle the additional traffic generated by this zone change.
Staff had some concern about increasing density on these
properties because of their steep topography. Staff also had
concerns about compatibility between development on the subject
property and development on the R-1-15,OOO lots to the north of Adams Street. After reviewing the proposed zone change and the
Agua Hedionda Land Use Plan, staff believes that the proposed
zone change will not adversely impact the properties to the north
of Adams Street. Adams Street will provide a good buffer between
the existing R-1-15,000 zoning to the north of it and the
proposed R-l-lO,OOO zoning to the south of it.
The Agua Hedionda Land Use Plan has a number of stringent
development policies which will ensure that any development on the subject property will be site sensitive and not adversely
impact residences to the north of Adams Street. These policies
are detailed in Exhibit 'B" .
The Engineering Department has informed staff that some of the sewer lines in this area may be inadequate to handle the sewerage
flow that would be generated under the existing zoning. Any
increase in density would exacerbate this situation. The
Engineering Department is close to completing a detailed study
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of sewer line capacity in this area and will be able to make
definite recommendations in the near future. It is very probable that future development in this area will be required to upsize some of the sewer lines. Staff believes that both the applicant
and the Commission should be aware of this situation.
In conclusion, staff believes that the proposed zone change is
compatible with the General Plan and Agua Hedionda Land Use Plan
and should not adversely impact the area. Staff, therefore,
recommends approval of ZC-296.
IV. ENVIRONMENTAL DOCUMENTS
The Land Use Planning Manager has determined that this project
will not have a significant effect on the environment and,
therefore, has issued a Negative Declaration on December 30,
1983
ATTACHMENTS
1) Planning Commission Resolution No. 2239
2) Location Map
3) Background Data Sheet 4) Disclosure Form
5) Environmental Documents
6) Exhibit "A" and "B", dated January 5, 1984
MH : bw
12/30/83
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Policies
ZC-296 EXHIBIT 8 1-5-84
- 8.1 Park Avenue, Adams Avenue and Carlsbad Boulevard are designated as scenic roadways. Development adjacent to these roads shall maintain a minimum 20 foot landscaped buffer between the street and parking areas. Required landscaped ,
setbacks may include sidewalks and bikeways, but shall not
include parking areas. Parking areas s.,all be screened from . the street utilizing vegetation, tree forms, and berms, as
' appr0priai.e.
- 8.2 preserved, and made available to the public, as indicated on Exhibit K.
Special vista points and viewing areas shall be
- 8.3 Development located adjacent to scenic roadways, or
located between the road and shoreline,,shall be regulated as follows:
Where a significant elevation difference (egg. I 35 feet) exists between the shoreline and the first parallel public road, as in the case of Hedionda Point and Snug Harbor, no portion of a structure in the intervening area shall be permitted to exceed the elevatipn.of the .. roadway.
Where no signiEicant elevation difference exists between the shoreline and the first parallel public road,
permitted development in the intzrvening area shall provide a view corridor, of a width equivalent to at least one-third of the road frontage of the parcei, which
shall be kept free of all structures and free of landscaping which at maturity would rise above a
reasonable viewline from vehicles passing on the public
road.
On all property adjoining the shoreline, permitted development shall be designed to "step down" in height, to avoid casting shadows on shoreline areas and to produce a perceived transition from open space areas to
developed areas; and
Any development proposed to be located OR or near a significant landform (e.g., Hedionda Point) shall be designed so as to minimize disturbance of natural landforms, and shall be developed in a manner that
assures its compatibility and harmony with the natural landform through use of such architectural techniques as terraced or pole foundations and variation of roof lines
to complement the topography. - 8.4
the provisions of the Carlsbad Scenic Preservation Overlay Zone.
All new development in the plan area shall-be subject to
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BACKG- DATA SHEET
CASE NO: ZC-296 __
APPLICANT: Greqg Harrington
RnMTEsr MID IJDCATICN: Zone change fran R-1-15 to R-1-10 for 12 parcels on the
south side of Adam Street to the east of Hoover Street.
LMzAT.I DESCRIPTION: Lots 1, 3, 48 5 and a porh 'on of ms 2 and 6 of Elellavista -- accordinq to Map 2152, filed March 78 1929. APN:
Acres 14.55 Prcpsed No. of Lats/units -
Land Use Designation RLM
Density Allowed 0-4 Density Proposed 0-4
Existing Zone R-1-15,OOO Praposed Zone R-1-10,000
SUrrOUdl 'ng Zoning and Land Use:
zoning Land Use
Site R-1-15 Vacant
North R-1-15 SFD
south os
East R-T
West R-1-15
Lagoon
Restaurant
Vacant
PUBLIC FACILITIES
School District Carlsbad Water Carlsbad Sewer Carlsbad EDU's
Public Facilities Fee Agreerrrerrts, dated Septmber 308 1983, October 3, 1983,
October 78 1983, and Novenber 11, 1983.
- X Negative Declaration, issued Decenker 30, 1983
- E.I.R. Certified, dated
Other,
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PETITION OF OPPOSITION -- ZC-296
We the undersigned property owners and residents adjacent to and affected by
the requested zone change ZC-296, Gregg Harrington, on property located on the
South side of Adam Street and east of Hoover Street, wish to inform the
Honorable Mayor and Council Members that:
We are against this requested change from the current designation of R-1-15,000 as we feel there is no need for this change, other than to accommodate the desires of a selected few to build 33% more homes than is currently allowed on the property. Zone changes granted for the benefit of a few, are usually not in the best interest of the general public, particularly in a sensitive area subjected to an extended planning process which was only recently consummated.
All of the area abutting the property on Adams Street is R-1-15,000, with the closest R-1-10,000 area located on Hillside Drive more than L mile away to the East. Residents and home Owners have accepted the current designation of their property, and believe that new Owners and developers of the area in question should also abide with the current land use designations.
Agua Hedionda Lagoon is one of the few remaining open areas that makes Carlsbad the beautiful comnunity it is. there will only serve to compromise the General Plan further. As pointed out in the recent General Plan analysis, the average density is actually 4 dwelling units per acre, while the General Plan projects 3.4 dwelling units per acre. We believe that such deviations from the current land use designations cannot be continually accommodated without some significant impact on the overall General P1 an.
Squeezing "just a couple more" home in here and
Let us not make the profit and convenience of development be of more concern than the long term affects on one of the principal assets of Carlsbad.
NAME
_I_
ADDRESS
PETITION OF OPPOSITION -- ZC-296
We the undersigned property owners and residents adjacent to and affected by the requested zone change ZC-296, Gregg Harrington, on property located on the South side of Adams Street and east of Hoover Street, wish to inform the Honorable Mayor and Council Members that:
We are against this requested change from the current designation of R-1-15,000 as we feel there is no need for this change, other than to accomnodate the desires of a selected few to build 33% more homes than is currently allowed on the property.
Zone changes granted for the benefit of a few, are usually not in the best interest of the general public, particularly in a sensitive area subjected to an extended planning process which was only recently consummated.
All of the area abutting the property on Adams Street is R-1-15,000, with the
closest R-1-10,000 area located on Hillside Drive more than $ mile away to the East. Residents and home owners have accepted the current designation of their property,
and believe that new owners and developers of the area in question should also abide with the current land use designations.
Agua Hedionda Lagoon is one of the few remaining open areas that makes Carlsbad the beautiful comnunity it is.
there will only serve to compromise the General Plan further. As pointed out in the recent General Plan analysis, the average density is actually 4 dwelling units per acre, while the General Plan projects 3.4 dwelling units per acre. We believe that such deviations from the current land use designations cannot be continually accomnodated without some significant impact on the overall General P1 an.
Squeezing "just a couple more" home in here and
Let us not make the profit and convenience of development be of more concern than the long term affects on one of the principal assets of Carlsbad.
r: NAME - ADDRESS
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- -v2/&y .PETITION SUPPORT OF
$ONE CHANGE
(shown left)
TO: UEMBERS OF THE PLANNING COmISSION AND CITY COUNCI L .
WE THE UNDERSIGNED ARE IN SUPPORT OF THE ZONE CHANGE ROM R - 1 15 .OOO TO R-1 10.000 LO CATED BETWEE N THE
MAISON DU LAC REST. AND SNUG HARBOR FRONTING ON THE
AGUA HEDIONDA LAGOON.
OUR SIGNATURES ARE LISTED BELOW TO ENCOURAGE YOU TO OTE IN + AVOR OF 1 HIS ZON E CiiANGE. _- -- --
Received
PDDRESS DATE
,- ,-
...
-(shown 3eft)
TO:-MEUBERS DF THE PUNNIUG WISSION AND CITY rnUNCIL-
UE THE UNDERSIGNED ARE IN SUPPORT OF THE ZONE CHANGE OM R-1 15.000 TO R-1 10.000 LOCA TED BETUEEN THE MAISON DU GC REST. AND SNUG HARBOR FRONTING ON THE AGUA HEOIONDA LAGOON.
OUR SIGNATURES ARE LISTED BELOW TO ENCOURAGE 'YOU TO
- VbTE- IN FAVOR OF -T HIS -LONE €WNGE .-- . __ - .-
#AME -
---,- CITY CoWIL. I
WE THE UWMRSIGIJED ARE IN SUPPORT OF THE ZONE CW-;:; ROM R 1 15.000 TO R - -1 10,OOO LOCATED BETWEM THE **
MAISON DU-LAC REST. AND SNU6 HARBOR FRONTING ON THE AGUA HEDIONOA LAW. e 4
OUR SIGNATURES ARE LISTED BEL&- TO 'ENCOURAGE YOU TO %,G N FAVOR OF T HIS ZONE CHANGE.
.-
ADDRESS DATE
Carlsbad Journal
Decreed a Legal Newspaper by the Superior Court of Son Diego County
31 38 ROOSEVELT ST. 0 P.O. BOX 248 0 CARLSBAD, CA 92008 0 729-2345
Proof of Publication
STATE OF CALIFORNIA, s.,
COUNTY OF SAN DIEGO,
I am a citizen of the United States and a resident of the county aforesaid;
I am over the age of eighteen years, and not a party to or interested in the above entitled matter.
I am principal clerk of the printer of the Carlsbad Journal a newspaper of general circulation,
published twice weekly in the City of Carlsbad, County of San Diego, State of California, and which
newspaper is published for the dissemination of local news and intelligence of a general character, and
which newspaper at all times herein mentioned had and still has a bona fide subscription list of paying
subscribers, and which newspaper has been established and published at regular intervals in the said
City of Carlsbad, County of San Diego, State of California, for a period exceeding one year
next preceding the date of publication of the
notice hereinafter referred to; and that the notice
NOTICE OF PUBLIC HEARING zc-268
NOTICE IS HEREBY GIVEN that thecity CounciloftheCityofCarls- bad will hold a public hearing at the City Council Chambers, 1200 Elm Avenue, Cdrlrbad, California, at 6:W P.M., on Tuesday, February 7, lW4. to cbhsider an application for a zone cllange Mrn R-I-lS,OOa, single family residential, 15,ooO
square foot minimum lot size, to R- 1-1O.OOO. ringla hmily reridentiai. 10,000 square foot minimum lot sire for 12 loto with combined area of 14% acres on pro+rty generally located on the south side of Adams Street. cut of Hoover Street and more particularly d2ocribMl as: Lots 1.3,4 and ti apd a portion of Lota2and6ofEellavistr. accmding to Map 2152 filed March 7,.1928. Applicant: 6rea Harrington CARLSBAD CITY COUNCIL
of which the annexed is a printed copy, has been
published in each regular and entire issue of said
newspaper and not in any supplement thereof on
the following dates, to-wit:
.......... .Janmry. 21.. .... 19.8b.
................................. 19 ....
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I certify under penalty of perjury that the foregoing is true
and correct. Executed at Carlsbad, County of San Diego, State of California on t-- P 31 ‘;t.