HomeMy WebLinkAbout1984-11-20; City Council; 7964; Appeal of a Planning Commission DenialCITY ^F CARLSBAD — AGEND/ ILL
AR# 7 ?£ V
MTG. 11/20/84
DEPT. PLN
' ' ' fal" APPEAL OF A PLANNING COMMISSION DENIAL
OF A GENERAL PLAN AMENDMENT.
GPA/LU 84-2 - MONROE STREET.
DEPT. HD. 614
r.nv ATTY^/:^
CITY MQR.^^L-
cr.QX
og
RECOMMENDED ACTION:
It is recommended that the City Council DENY the appeal of the Planning
Connission decision denying GPA/LU 84-2 and that the City Attorney be directed
to prepare documents DENYING GPA/LU 84-2 per Planning Cotmission Resolution No.
2286.
ITEM EXPLANATION
This item is an appeal of a Planning Ccranission decision to deny a general plan
amendment from RLM (0-4 du's/acre) to RH (20-30 du's/acre) on property located
on the east side of Monroe Street between Gayle Street and Chestnut Avenue.
This item was continued from the City Council general plan amendment hearings in
June, 1984. The application consists of four lots with a combined area of .73
acres. Presently, 16 apartment units are on the site.
The Planning Ccranission denied this request for a number of reasons. First, the
amendment would constitute a "spot" of high density zoning amidst a medium low
density residential area. The site is surrounded by property designated as RLM
(0-4 du's/acre) on the general plan. Second, allowable uses under a high
density designation would not be compatible with surrounding single family uses.
Such higher density uses would create increased traffic in an area where present
levels of traffic are high and where there is a high number of high school
children. Finally, approval of this amendment could establish an undesirable
precedent for increased density in this vicinity.
The applicant has indicated he wants the amendment to be able to upgrade and
convert his existing apartments to condominiums. Presently, the density of the
apartments do not conform to the density requirements of the general plan.
Although the applicant has not indicated any intention to add units, approval of
this general plan amendment would allow him to do so at a future date.
The Planning Commission also adopted a Resolution of Intention to rezone the R-3
property in this area to R-l to bring these properties into conformity with the
general plan.
ENVIRONMENTAL REVIEW
If the City Council approves the appeal, a Negative Declaration must also be
adopted. The Land Use Planning Manager has issued a Negative Declaration on
April 11, 1984.
FISCAL IMPACT
If this appeal is approved, the applicant would be required to provide all
public facilities at the time any new development occurs. Also, the applicant
has agreed to pay a public facilities fee to offset the cost of providing other
public services.
O
OO
Page 2 of Agenda Bill 79^
EXHIBITS
1. Location Map
2. PC Resolution No. 2286
3. PC Resolution of Intention No. 170
4. Staff Report, dated April 25, 1984 w/attachments
LOCATION MAP
CARLSBAD
HIGH SCHOOL
MONROE STREET GPA/LU 84-2
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
PLANNING COMMISSION RESOLUTION NO. 2286
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING DENIAL
OF AN AMENDMENT TO THE LAND USE ELEMENT OF THE
GENERAL PLAN FROM RESIDENTIAL LOW-MEDIUM, 0-4 DU/AC
TO RESIDENTIAL HIGH DENSITY 20-30 DU/AC ON PROPERTY
GENERALLY LOCATED AT 3460, 3470, 3476 AND 3480
MONROE STREET
APPLICANT: MONROE STREET
CASE NO.; GPA/LU 84-2
WHEREAS, a verified application for an amendment to the
General Plan designation for certain property located, as shown on
Exhibit "A", dated April 9, 1984, attached and incorporated herein
have been filed with the Planning Commission; and
WHEREAS, said verified applications constitute a request
for amendment as provided in Title 21 of the Carlsbad Municipal
Code; and
WHEREAS, the Planning Commission did, on the 25th day of
April, 1984, hold a duly noticed public hearing as prescribed by
law to consider said request;
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 General Plan Amendment.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad, as follows:
A) That the" above recitations are true and correct.
B) that in view of the findings made and considering the
applicable law, the decision of the Planning Commission is to
recommend DENIAL of GPA 84-2, as shown on Exhibit "A", dated
April 9, 1984.
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
Findings:
1} The proposed general plan amendment to residential high density
is an inappropriate use for the site because it is surrounded
by residential low-medium density development.
2) The proposed general plan amendment could adversely impact the
surrounding properties by increasing density in a single family
neighborhood.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Planning Commission of the City of Carlsbad, California, held on th
25th day of April, 1984, by the following vote, to wit:
AYES: Chairman Rombotis, Commissioners Rawlins,
Schlehuber, Marcus, Lyttleton and Smith.
NOES: None.
ABSENT: Commissioner Farrow.
ABSTAIN: None.
YyfcOMBOTIS, Cl
SBAD PLANNING COMMISSION
ATTEST;
MICHAEL J
LAND USE PLANNING MANAGER
PC RESO NO. 2286 -2-
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
.PLANNING COMMISSION RESOLUTION OF INTENTION NO. 170
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD DECLARING ITS INTENTION TO
CONSIDER AN AMENDMENT OF TITLE 21 OF THE CARLSBAD
MUNICIPAL CODE.
Pursuant to Section 21.52.020 of the Carlsbad Municipal
Code the Planning Commission of the City of Carlsbad hereby
declares its intention to consider an amendment of Title 21 of the
Carlsbad Municipal Code to:
Amend the zoning map to change the zone designation for
2.23 acres of property generally located at the east side
of Monroe Street between Linda Lane and Chestnut Avenue
from R-3 to R-1 as shown on Exhibit "B", dated April 9,
1984.
The Director of Building and Planning is directed to study
said amendment and after appropriate study set the matter for
public hearing before this Commission.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Planning Commission of the City of Carlsbad, California, held on th
25th day of April, 1984, by the following vote, to wit:
AYES: Chairman Rombotis, Commissioners Rawlins,
Schlehuber, Marcus, Lyttleton and Smith.
NOES: None.
ABSENT: Commissioner Farrow.
ABSTAIN: None.
ATTEST:
lairman
PLANNING COMMISSION
ZMILL.LAND USE PLANNING MANAGER
SUBMITTAL DATE:
FEBRL iY 21, 1984
STAFF REPORT
DATE: April 25, 1984
TO: Planning Commission
FROM: Land Use Planning Office
SUBJECT: GPA/LU 84-2 MONROE STREET - Request to amend the
General Plan from RLM, Residential Low Medium (0-4
du/ac) to RH Residential High Density (20-30 du/ac) for
four properties located at 3460, 3470, 3476 and 3480
Monroe Street in the R-3 zone.
I. RECOMMENDATION
It is recommended that the Planning Commission APPROVE the
Negative Declaration issued by the Land Use Planning Manager and
ADOPT Resolution No. 2286 recommending DENIAL of GPA/LU 84-2 to
the City Council based on the findings contained therein.
II. PROJECT DESCRIPTION
The applicant is requesting an amendment of the Land Use Element
of the General Plan from Residential Low-Medium (RLM), 0-4
du's/ac,to Residential High Density (RH), 20-30 du's/ac,for
property located as described above. The properties involved
consist of four lots with a combined area of .73 acre. Each lot
is presently occupied by a 4 unit apartment building. The units
were constructed in 1964. The applicant has indicated that the
proposed general plan amendment would be the first step in
converting the existing apartment units to condominiums.
III. ANALYSIS
1) Is the proposed land use of residential high density an
appropriate use for the site?
2) Would the proposed general plan amendment adversely effect
the surrounding properties?
Discussion
Staff believes that the proposed land use designation of
residential high density is inappropriate for this site. As
shown by Exhibit "A", the subject property is surrounded on
three sides by property designated as RLM, Residential Low-
Medium (0-4 du/ac), while the property to the west is occupied
by the Carlsbad High School. Approval of the proposed general
plan amendment would result in a spot of residential high
density surrounded by residential low-medium density. The
nearest residential high density is located nearly a mile away
near the intersection of Tamarack Avenue and Interstate 5.
7
The existing apartments and R-3 zoning are not in conformance
with the general plan's designation of RLM. The property was
zoned R-3 and the existing apartments were constructed prior to
adoption of the City's General Plan. When the General Plan was
adopted in 1974, the City realized that it would be
inappropriate to designate these properties as residential high
density and designated them as RLM despite the zoning and
existing development. Staff believes that there is no
justification to change the general plan designation of this
site at the present time.
Staff believes that approval of this general plan amendment would
adversely effect adjacent properties. Approval of this general
plan amendment would allow the applicant to remove the existing
units and increase the density of development of this site. Such
an increase in density would result in additional traffic in the
vicinity of Carlsbad High School and Chestnut Avenue. This area
already has heavy traffic and the additional traffic generated by
any increase in density would exacerbate the situation.
Approval of the proposed general plan amendment could set an
undesirable precedent that would encourage additional requests
for general plan amendments to increase density in this area.
As mentioned previously, the applicant has indicated that they
are requesting this general plan amendment as the first step in
converting the existing apartments to condominiums. Staff would
have difficulty in supporting this request. The units were
constructed 20 years ago and it would be extremely difficult to
bring them into conformance with the development standards and
design criteria of the planned development ordinance.
The existing R-3 zoning of the subject property is inappropriate
for this site, because of the reasons stated above. Attached to
this report is a resolution of intention to rezone the subject
properties as well as the adjacent properties to the north to R-l
to bring them into conformance with the General Plan Designation
of RLM. This proposed rezone would effect 12 properties with a
combined area of 2.23 acres. Staff acknowledges that the
proposed rezone would create legally non-conforming uses.
However, rezoning these properties from R-3 to R-l would not
adversely effect their development potential. Any future
development would have to conform with the density requirements
of the General Plan Designation of RLM whether the zoning was R-3
or R-l.
In conclusion, staff believes that the proposed land use is
inappropriate for the site and could adversely impact the
surrounding properties, therefore, staff recommends denial of GPA
84-2 and approval of the resolution of intention to rezone the
subject properties and the properties to the north from R-3 to R-
1.
-2-
IV. ENVIRONMENTAL REVIEW
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 April 11, 1984,
Attachments
1. Planning Commission Resolution No. 2286
2. Planning Commission Resolution of Intention No. 170
3. Location Map
4. Background Data Sheet
5.. Disclosure Form
6. Environmental Documents
7. Exhibit "A", and "B" dated April 9, 1984
MH:ad
4/12/84
-3-
BACKGROUND DATA SHEET
CASE NO: GPA/LU 84-2
APPLICANT: Monroe Street
REQUEST AND LOCATION: General Plan Amendment from RLM (0-4 du/ac) to RH
(20-30 du/ac) for property at 3460,3470,3476 & 3480 Monroe Street
LEGAL DESCRIPTION: Lots 34 through 37 inclusive according to Map No. 4051
filed January 8f 1959 APN; 205-153-8-11
Acres .73 Proposed No. of Lots/Units ••
GENERAL PLAN AND ZONING
Land Use Designation RLM
Density Allowed 0-4 du/ac Density Proposed 20-30 du/ac
Existing Zone R-3 Proposed Zone
Surrounding Zoning and Land Use:
Zoning Land Use
Site R-3 Apartments
North R-3 Apartments
South R-l Agriculture
East R-l SF
West 0-S School
PUBLIC FACILITIES
School District Carlsbad Water Carlsbad Sewer Carslbad EDU's
Public Facilities Fee Agreement, dated February 21, 1984
ENVIRONMENTAL IMPACT ASSESSMENT
X Negative Declaration, issued April 11, 1984
E.I.R. Certified, dated
Other,
that further information -* required, you will be so
APPLICANT: Linda Swarthout
AGENT:
MEMBERS:
Name (individual, partnership, joint venture, corporation, syndication)
3800 E Coast Highway Suite #1 Corona del Mar, Ca. 92625
Business Address
673-5900
Telephone Number
C. Alan Reos DBA Design Studio Unlimited
Name
29421 Quail Run Dr. Agoura Hills, Ca. 91301'
Business Address
818 889-3688 '
Telephone Number
Name '(individual, partner, joint
venture, corporation, syndication)
Home Address
Business Address
Telephone Nvsvber Telephone Number
Borne Address
Business Address
Telephone Nuaber Telephone Sunber
(Attach more sheets if necessary)
I/We declare under penalty of perjury that the information contained in this dis-
closure is true and correct and that it will remain true and correct and nay be'
relied uoon as being true and correct until amended.
App 1 i c a n t ^p
Agent, Cv:ner, Partner
DEVELOPMENTAL
SERVICES
LAND USE PLANNING OFFICE
1200 ELM AVENUE
CARLSBAD, CALIFORNIA 92008-1989
(619) 438-5591
of Carlstoab
NEGATIVE DECLARATION
PPCXIECT ADDRESS/LOCATION: 3460, 3470, 3476 & 3480 Monroe Street.
PROJECT DESCRIPTION: General Plan Amendment from RLMf 0-4 du/ac to
RH, 20-30 du/ac for four parcels with a combined area of .73 acres.
The City of Carlsbad has conducted an environmental review of the
above described project pursuant to the Guidelines for Implementation
of the California Environmental Quality Act and the Environmental
Protection Ordinance of the City of Carlsbad. As a result of said
review, a Negative Declaration (declaration that the project will not
have a significant impact on the environment) is hereby issued for the
subject project. Justification for this action is on file in the
Land Use Planning Office.
A copy of the Negative Declaration with supportive documents is on
file in the Land Use Planning Office, City Hall, 1200 Elm Avenue,
Carlsbad, CA. 92008. Comments from the public are invited. Please
submit comments in writing to the Land Use Planning Office within ten
(10) days of date of issuance.
DATED: April 11, 1984
CASE NO: GPA/LU 84-2
APPLICANT: Monroe Street
PUBLISH DATE: April 14, 1984
MICHAEL TfT* HOLZMILLER
Land Use Planning Manager
ND-4
5/81
EXHIBIT A
4-9-84
SITE
RLM to RH
MONROE STREET GPA/LU 84-2
EXHIBIT B
4-9-84
AREA PROPOSED
FOR REZONE
FROM R-3 to R-1
CARLSBAD
HIGH SCHOOL
Mary Casler, Mayor
City Council
City of Carlsbad November 19, 1984
Mayor Casler:
It is my request that Item 15 (AB7964) on the
council's agenda of November 20, 1984, be withdrawn.
I am requesting this in order to allow my new development
team to work with surrounding property owners and resolve
issues that have arisen in my initial application.
It is hoped that this will result in a plan coming forward
that will have support from all parties.
Your consideration will be appreciated.
Sincerely,
LindA Swarthout
CC: city clerk
city manager
land use manager
LINDA SKARTHOUT
3800 E Coast Hwy #1
Corona Del Mar, Ca 92625
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad will hold a
public hearing at the City Council Chambers, 1200 Elm Avenue, Carlsbad,
California, at 6:00 p.m. on Tuesday, November 20, 1984, to consider an appeal of
a Planning Conmission decision to deny a general plan amendment from RLM,
Residential Low Medium (0-4 du/ac) to RH, Residential High Density (20-30 du/ac)
for four properties generally located at 3460, 3470, 3476 and 3480 Monroe Street
in the R-3 zone and more particularly described as:
Lots 34 through 37 inclusive, in the City of Carlsbad, County of San
Diego, State of California, according to map thereof No. 4051, filed in
the Office of the County Recorder of San Diego County, January 8,
1959.
Those persons wishing to speak on this proposal are cordially invited to attend
the public hearing. If you have any questions please call the Land Use Planning
Office at 438-5591.
CASE FILE:
APPLICANT:
PUBLISH:
GPA/LU 84-2
MONROE STREET CONDO
NOVEMBER 11, 1984
CITY OF CARLSBAD CITY COUNCIL
LOCATION MAP
CAMLSIAO
HMM SCHOOL
SITE
BIB I [H[ [ ffpp——
f
MONROE STREET | GPA/LU 84-2
/•i,
///••""
695 Winston Ave.
San Marino, CA 91108
November 13, 1984
City Council
City of Carlsbad
1200 Elm Ave.
Carlsbad, CA 92008
City Council:
We are the owners of the properties at 3424 and 3434 Monroe Street,
Carlsbad. We are not in favor of the variance requested for the
properties at 3460, 3470, 3476 and 3480 Monroe per the attached
notice. We agree with the denial of this request and ask you to
deny the appeal.
Glenn M. Smith
CMS:ell
cc: Bob Fisher