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HomeMy WebLinkAbout1984-02-07; City Council; 7635; Zone Change - Harrington8 ti B 8 6 8 2 a 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 I LOCATION MAP ’ 4- SITE CHANGE FROM R-1-15 TO R-1-10 2 GREG HARRINGTON ZC-296 1 2 3 4 5 6 7 e 9 1c 17 12 1: 14 1: 1E 15 1€ 1: 2( 21 2: 2: 24 2: 2E 25 2€ 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. 3 1 2 3 4 5 6 7 E S 1c 11 12 1? 14 1: 1E 17 1E 1: 2c 21 22 2: 24 2f 2E 27 2E 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~ : I MARY H. CASLER, Mayor i ,TTEST: ,LETHA Le RAUTEN SEAL) i /-I -2- /-I GREG HARRINGTON ZC-296 * 2 7 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 20 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. 1 2 3 4 5 6 7 8 9 10 11 12 14 , 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. //// //// PC RES0 NO. 2239 -2- 7 i 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 r- 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- 8 i t 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 -2- I 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 -3- I 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 104 -48- 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, 1.3 P. T7 I /- 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 E- ! - -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 .... .............................. 19 .... ................................. 19 .... ................................. 19 .... 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.