HomeMy WebLinkAbout1985-10-15; City Council; 8363; Zone Change - PedleyClr OF CARLSBAD - AGENC .BILL
i~#g3k3 TITLE REQUEST FOR A ZONE CHANGE FROM
IEPT. PLN
R-1-7500 TO RD-M IIITG.w= ZC 325 - PEDLEY
DEPT. HD.~
CITY MGR.~~!E
CITY Am!!&
RECOMMENDED ACTION:
The Planning Commission and staff are recommending that the City
Council approve the Negative Declaration issued by the Land Use
Planning Manager and introduce Ordinance No. 97fO , APPROVING
ZC-325.
ITEM EXPLANATION
The applicant is requesting a zone change from R-1-7500 to RD-M on
property located on the north side of Date Avenue midway between Garfield Street and the AT&SF Railroad. The existing General Plan
on the property is RMH (9.1 - 15 du's/acre). The surrounding area
is also designated as RMH.
The subject parcel presently exists as a very small island of R-1
zoning. Surrounding zoning on three sides is RD-M, although present development is characterized by older, single-family
dwellings. The property has the potential to develop with a
maximum of six units. This site is not the only R-1-7500 island
remaining in this vicinity, several others exist (see location map
attached). In addition most of the uses on Olive Avenue and Date
Avenue to the south are primarily single family detached.
The property is located in an area where staff is concerned about
traffic and parking problems. These problems have been temporarily
mitigated through the Beach Area Overlay (BAO) Zone. The Council
has also directed that a major traffic and land use study be
completed for this area.
Because of the small size of the lot, the fact that development is
not being proposed at this time, and because the RD-M zone is consistent with the RMH General Plan designation, the Planning Commission and staff are recommending approval. If development of the property is proposed before the City completes a traffic and planning study for the area, the applicant would be required to prepare a traffic study.
For further information please see the attached staff report to the Planning Commission.
ENVIRONMENTAL REVIEW
The Land Use Planning Manager has determined that this project will not cause any significant impacts and, therefore, has issued a
Negative Declaration, dated September 14, 1985. The Planning Commission recommended approval on September 25, 1985. A copy of the environmental document is on file in the Land Use Planning
Office.
-7\
Page 2 of Agenda Bill No. ,$3b3
FISCAL IMPACT
The increased need for city capital facilities resulting from this
development will be offset by the payment of the public facilities
fee. Any capital facilities related directly to this development will be constructed and paid for by the developer.
Increased operating expenses related to this development will be
offset to some extent from increased tax or fee revenue generated
by the development. No detailed economic impact analysis of this
development has been conducted at this time so predictions of the
portion of operating expenses covered by additional operating revenue created as a result of this project cannot be made.
EXHIBITS
1. Location Map 2. City Council Ordinance No. ?7fQ
3. Planning Commission Resolution No. 2494
4. Staff Report dated September 25, 1985 w/attachments
LOCATION MAP
.PEDLEY
EXHIBIT A
SEPT. 11, 1985
I
ZC-325
0 0 SINOLE FAMILY RESIDENTIAL *I
OMULTIPLE FAMILY RESIDENTIAL Rp 0
0 RESIDENTIAL MEDIUM ~0-u
3
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
28
h -.,
ORDINANCE NO. 9780
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AMENDING TITLE 21 OF THE
NICIPAL CODE BY AMENDING THE ZONING
1-7500 TO RD-M ON PROPERTY GENERALLY
314 DATE AVENUE MIDWAY BETWEEN GARFIELD
SF RAILROAD.
il of the City of Carlsbad, California,
does ordain as follow
amended by the amendment R-1-7500 to RD-M on
property as shown on the - Exhibit "A", attached
hereto and made a part hereo
condition that the applicant s a public facilities fee as
amended on April 2, 1982, on file
executed by the applicant for payment said fee a copy of that
Plan and approval for this project shall be . Said fees shall
EFFECTIVE DATE: This ordinance shall
adoption. \
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
INTRODUCED AND FIRST READ at a regular meeting of the
Carlsbad City Council held on the day of 8
1985, and thereafter
PASSED ADOPTED at a regular meeting of said City
Council held on the , 1985, by the
following vote,
AYES :
NOES:
ABSENT :
\\
1. MARY H. CASLER, Mayor
5,
*\
I, ATTEST :
%\ 'i
'\
\
\
ALETHA L. RAUTENKRANZ, City Clerk ..
i
(SEAL) 'i
-2-
,
-
SEPT. 11, 1986
LOCATION MAP
.PEDLEY I ZC-325
I
1
I I I
1
2
3
4
5
6
7
e
9
1c
11
12
12
14
15
1€
11
If
1s
2c
21
22
23
24
25
26
27
28
PLANNING COMMISSION RESOLUTION NO. 2,494
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONE
CHANGE FROM R-1-7500 to RD-M ON PROPERTY GENERALLY LOCATED at 314 DATE AVENUE MIDWAY BETWEEN GARFIELD STREET AND THE
ATQSF RAILROAD.
APPLICANT: PEDLEY
CASE NO.: ZC-325
WHEREAS, a verified application for certain property, to
wit:
The Southwest Half of Lot 2, Block T, of Palisades No. 2, in the City of Carlsbad, according to Map thereof No.
1803, filed in the Office of the County Recorder, August
25, 1924,
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 25th day of
September, 1985, 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:
A) That the above recikations are true and correct.
B) That based on the evidence presented at the public hearing,
the Commission recommends APPROVAL of ZC-325, based on the
following findings and subject to the following conditions:
Findings :
1) That the zone change to RD-M is consistent with the
designation of RMH for this property established by the Land
Use Element of the General Plan and the Beach Overlay Zone.
7
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
20
That the uses permitted by the RD-M zoning are consistent and compatible with other uses permitted in the area, including the Beach Overlay Zone.
That the subject lot is adequate in size and shape to accommodate uses permitted in the RD-M zone.
The project is consistent with all City public facility pol- icies and ordinances since:
a) The Planning Commission has, by inclusion of an appropriate condition to this project ensured building permits will not be issued for the project unless the Citj Engineer determines that sewer service is available, and building cannot occur within the project unless sewer service remains available, and the Planning Commission is satisfied 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.
b) All necessary public improvements have been provided or
will be required as conditions of approval.
c) The applicant has agreed and 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.
The proposed project is compatible with the surrounding futurt land uses since surrounding properties are designated for residential development on the General Plan.
This project will not cause any significant environmental impacts and a Negative Declaration has been issued by the Lanc
Use Planning Manager on September 14, 1985 and approved by tht Planning Commission on September 25, 1985.
Conditions:
1 ) Approval is granted for 2c-325, as shown on Exhibit "A", datec September 11, 1985, incorporated by reference and on file in the Land Use Planning Office. Development shall occur substantially as shown unless otherwise noted in these conditions.
////
////
////
//// PC RES0 NO. 2494 -2-
1
2
3
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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 February
15, 1985, 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.
E ng ineer i ng :
3) Prior to development of this site, a detailed traffic analysis
shall be submitted to and approved by the City Engineer for
development of this area of the beach community, specifically
this report shall detail mitigation measures of circulation,
access and parking. Completion of a detailed traffic analysis for this area by the City of Carlsbad shall satisfy this
requirement,
p1 anning
the 25th
ATTEST:
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Commission of the City of Carlsbad, California, held on
day of September, 1985, by the following vote, to wit:
AYES:
NOES :
ABSENT:
ABSTAIN:
CLARENCE SCHLEHUBER, Chairman CARLSBAD PLANNING COMMISSION
MICHAeL J. HOZLMILLER
LAND USE PLANNING MANAGER
PC RES0 NO. 2494 -3-
9
APPL ICATI~~SUBMITTAL DATE
FEBRUARY 24, 1985 &
STAFF REPORT
DATE: SEPTEMBER 25, 1985
TO: PLANNING COMMISSION
FROM: LAND USE PLANNING OFFICE
SUBJECT: ZC-325 - PEDLEY - Request for a zone change from R-1- 7500 to RDM on property located on the north side of Date Avenue midway between Garfield Street and the ATCSF Railroad.
I. RECOMMENDATION
It is recommended that the Planning Commission ADOPT Resolution
No. 2494 recommending APPROVAL of ZC-325 based one findings and subject to the conditions contained therein.
I1 . PROJECT DESCRIPTION
The applicant is requesting that the zoning of the above- mentioned parcel be changed from R-1-7500 to RDM. The parcel exists as an R-1-7500 island surrounded by RD-M properties. The subject property is -46 acres of relatively flat land containing an existing, older, single-family residence. Other properties on Date Avenue are also occupied by older, single-family dwellings.
. ..
I11 . ANALYSIS
Planning Issues
1) Is the requested zone change consistent with the Land Use Element of the General Plan and the Beach Overlay Zone?
2) Is the lot suitable in size and shape to accommodate
3) Would the zone change adversely impact surrounding
4) Is the street system serving the project adequate to
development permitted in the proposed zone?
properties?
handle any increase in traffic generated by the change of zone?
Discussion
As stated, the applicant is proposing a zone change from R-1-7500 to RD-M. The requested change of zone would be consistent with the RMH designation of the Land use Element of the General Plan
for this property. RMH denotes residential development at a
medium to high density (9.1 - 15.0 du/acre).
The subject parcel presently exists as a very small island of R-1
zoning. Surrounding zoning on all sides is RD-M, although present development is characterized by older, single-family dwellings. The applicant has indicated that he has no intention of developing the property at the present time; however, in the future, the 223' x 90' lot would have the potential to develop
with a maximum of six units. This would be compatible with the surrounding zoning which already permits higher density residential development. As it would be consistent with zoning on adjacent property and eliminate an existing island, staff does not anticipate any adverse impacts to surrounding properties associated with the proposed zoning. when the property does develop, a site development plan would have to be processed to
ensure conformity with the requirements of the Beach Overlay Zone.
Staff is aware of the traffic and parking problems in this area of the City. These issues are compounded by the fact that basically this portion of the beach overlay area is one large cul-de-sac served only by Garfield Street. Engineering staff
has addressed this issue through a condition placed on the
be submitted and approved prior to approval of ' any development plans. The subject,site is served by Date Avenue, a paved but unimproved street. As is customary, additional street improvements would be required when further development occurs or when an assessement district is formed.
project which stipulates that a traffic analysis woqld have to ..
This site is not the only R-1-7500 island remaining in this vicinity, several others exist. In addition most of'the uses on Olive Avenue and Date Avenue to the south are primarily single family detached. The Planning Commission may wish to wait until the City completes the traffic study for this area as directed by Council to change the zone.
Overall, staff feels that approval of the requested zone change
would be desirable by eliminating a spot-zone and enabling better use of the property in a manner more compatible with surrounding uses. Staff, therefore, recommends approval of ZC-
325.
IV. ENVIRONMETNAb REVIEW
The Land Use Planning Manager has determined that this project will not have a significant impact on the environment and, therefore, has issued a Negative Declaration on September 14,
1985.
-2-
AT.TACHMENTs
1
1) Planning Commission Resolution No. 2494 2) Location Map 3) Background Data Sheet
4) Disclosure Form 5) Environmental Document
AML ; bn 9/12/85
.. . .. * .. . .I. . , .. .. ... ..
-3-
BACKGROUND DATA SHEET
CASE No: ZC-325
APPLICANT: PEDLeY
REQUEST AND IOCATION: mest for a zone change from R-1-7500 ,o RD-M at 314
Date Avenue.
Acres -46 proposed No. of Luts/Units N/A
GENERAL PLAN AND ZONING
and Use Designation Fuw .. .. . ,-.
* Density Allowed 9.1 - 15.0 duls/ac Density Proposed 9.1 - 15.0 duls/ac
Existing Zone EE-1-7500 proposed zone RD-M
Surrounding Zoning and Land Use:
zoning Land use
Site W1-7500 SFD
North RD-M 4 Apartments
South Rq-M SFD
East ID-M SED
West FD-M
PUBLIC FACILITIES
SFD
Carlsbad/
School District Carlsbad Water Costa Real Sewer Carlsbad Em's --
Public Facilities Fee Agreement, dated February 15, 1985
- X Negative Declaration, issued September 14, 1985
- E. I. R. Certified, dated
other.
Marie Podlor
314 Dato Avenuo, CIrlsbrd, CA 92008
APPLICAWTt N- (individual, partmrrhip, joint venture, corporation, syndication)
BuSbeS8 Addt.U
( 619 )729-3219/( 916 823-6601
.. ..
3isiness Mdrers
.-
Ime d-a under penalty of p8rjUW that the information contained in this ais-
closure is trum and correct and that it will r-in true and correct and may be
relied upon as being true and corrwt until amndd,
.. ,.
DEVELOPMENTAL
SERVICES .
LAND USE PLANNINQ OFFlC€
Citg of Carlsbab
12M) ELM AVENUE
CARLSBAD, CA 920081989
(619) 436-5599
Pw3JEcIc ADDRESSm@l: 31 4 Date Avenue, mrth side of Date Avenue, midway between Garfield Street and the ATfSF Railroad.
PFOJECT DESCFtIPTI@l:
The City of Carlsbad has conducted an emironrtental review of the abme described project pursuant to the Guidelines for Implementation of the California Enviromntdl pUality Act ard. the Emirormental Protection ordinan& of the City of carl~. AS a result of said review, a Negative Declaration (declaration that the project will not have a significant impact on the ernriroment) is hereby issued ar the subject project. Justification for this action is on file in the
and use Planning Office.
Zone change fran A-1-7500 to Wm.
-. '
A copy of the Negative Declaration with supportive documents .is on file in the Land Use Planning Office, City Hall, 1200 Elm Avenue,
Carl-, CA. 92008. Ccmnents fran the pzblic are invited. Please sulmit aments in writirg ti0 the Lard Use Planning Office within ten
(10) days of date of issuance.
DATE3>: Septenber 14, 1985
CASE E30: 2C-325
APPLIcAm: p?eDIEY
PUBLISH aRTE: Septenber 14, 1985
Land Use Planning Manager
- October 15, 1985
TO: Aletha L. Rautenkranz, City Clerk
FROM: Anne Mauch, Carlsbad resident(Garfie1d Street)
RE: Public hearing on upzoning the Pedley property on Date (Agenda Item 24)
Since other commitments may unavoidably delay my attendance at this evening's council meeting, I respectfully request the following remarks be read into the record of the above captioned hearing.
Mayor Casler, Members of the Council:
In the past several months, yoi have repeatedly demonstrated a strong sensitivity and commitment to the beach area. Throughout the many deliberations of the issues, concern over the impact of escalating densities has been a constant
and primary factor, Even before the Land Use Review
Committee recommended lowering density ranges citywide, the council took steps to decrease density ranges at the beach.
In addition, the council voted unanimously to amend the Land
Use Element of the General Plan to designate the beach neighborhood a Special Treatment Area. The criteria for
"special treatment" are even now in the process of being developed. In a recent document describing the measures under consideration, Michael Holzmiller, Land Use Planning Manager, noted "the possibility of ...limiting density, restricting heights ,'I etc.
Under the circumstances, for the council to increase the allowable densities in that area by approving the requested zone change from R-1 to RDM would seem particularly inappropriate at this time--and contrary to the whole thrust of the council's recent actions and priorities for the beach community,
I therefore-urge Council to deny and and all requests for upzoning property in the Special Treatment Area--at least until such time as the planning and engineering staff have completed their analyses and recommendation, and the council has had an opportunity to review their findings.
-
Thank you,
.. r.. .
1) Lleweyn Shores
3138 Roosevelt Street
Carlsbad, CA 92008
206-080-06,07,30
2) Lucille & Percy Cloud 5201 Shore Drive Carlsbad, CA 92008
206-080-14 206-080-23
3) Robert Fitzpatrick 8070 W. Lilac Rd. Bonsall, CA 92003 206-080-22 206-080-26
9) AT&SF Railroad 206-080-27 206-080-28
S) David & Natalia Martinez 395 Chinquapin St. Carlsbad, CA 92008 206-080-19
6) Marsh.al1 & Cara Lyle 385 Chinquapin St. Carlsbad, CA 92008 206-080-18
7) Fred & Delores Nerlinger Hugh & Fern Rawnsley 390 Oak Avenue
Carlsbad, CA 92008
206-080-17
%)Norman & Cynthia Jolley Irwine & Connie Okumura
1107 McKay Lane Redondo Beach, CA 90278
206-080-16
q) William Condos
319 Chinquapin Ave.
Carlsbad, Ca 92008
206-080-15
jb) Verlyn & Jane Paulus
295 Chinquapin Ave. Carlsbad, CA 92008 206-080-13
\I) Ruth Lloyd 2L)Chester & Helen Burke
203 Beech Tree Dr. 251 Chinquapin Ave Encinitas, CA 92024 Carlsbad, CA 92008
206-080-12 206-080-11
206-080-10
\2) Florence Milliken 4062 Garfield St. 2~) Mary Raleigh Carlsbad, CA 92008 4058 Garfield St.
206-080-09 Carlsbad, CA 92008
206-080-08
~3) G.& E. Meese P.O. Box 975 23) G.& E. Meese Carlsbad, CA 92008 4072 Garfield St.
206-091-01,02 Carlsbad, CA 92008
206-091-03,07
14) John & Muriel Brady 4090 Garfield Street 2~) Margery Nelson
Carlsbad, CA 92008 220 Olive Ave.
206-091-04 Carlsbad, CA 92008
206-091-06
IS) Mary Davis 236 Olive Ave 2s)J.& S. Morales
Carlsbad, CA 305 Date Ave
206-091-08 Carlsbad, CA 92008
206-091-09
16) E.& G. Vivant 5136 N. Peck Rd. ZL) N.& L. Greve El Monte, CA 91732 513 Seventh St.
206-091-10 Santa Monica, CA 90402
206-091-11
17) Kip McBane Leslie Williams 37)Mem. Hospital of Japan-
327 Date Avenue ese Community
Carlsbad, CA 92008 P.O. Box 311
206-091-12 Huntington Beach, CA 92643
i$)~.& P. Kelly 206-091-13
393 Date Ave.
Carlsbad, CA 24) S.R M. Oshima 206-091-14 352 Olive Ave Carlsbad, CA 92008
jq) Vinedale Dev. Corp. 206-091-15
178 Walnut Ave
Carlsbad, CA 92008 2q) P.& P. Case 206-020-35 P.O. Box 637 Pauma Valley, CA 92061
zc) L.& J. Pritten 206-020-12 330 Chinquapin Ave.
Carlsbad, CA 92008 j’~) M. Bassett & A. Teary
206-020-11 344 Chinquapin Ave Carlsbad, CA 92008 206-020-27
Carlsbad Journal
Decreed a Legal Newspaper by the Superior Court of Son Diego County
3 138 ROOSEVELT ST. 0 P.O. BOX 248 0 CARLSBAD, CA 92008 729-2345
Proof of Publication
STATE OF CALIFORNIA, ss
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 Sun 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 Sun 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
of which the annexed is a printed copy, has been
newspaper and not in any supplement thereof on
the following dates, to-wit:
NOTICE OF PUBLIC HEARING
particularly described as: The Southwest halfofLot2. Block T, of Palisades No. 2, in the City of Carlsbad. according to Map thereof No. 1803, filed in the Office of the
the CityCouncil ofthe City OfCarls- County Recorder’ August 25’ 1924’ If you challenge the zone change bad will hold a public hearing at in court, you may be limited to rais- the City Council Chambers. ,1200 Elm Avenue, Carlsbad, California, ing only those issues YOU or some-
at 8:oo P.M. on Tuesday. October 15 one else raised at the public hear-
1985, to consider an application fo; ing described in this notice. or in
a change from R-I-7500 to written correspondence delivered RDM on property generally located to the City OfCarlsbad at or Prior to
ZC-325
NOTICEISHEREBYGIVENthat published in each regular and entire issue Of said
85 ................................. 19 .... October 5
on the north side of Date. Avenue midway between Garfield Street Applicant ,and the AT&SF Railroad and more
the hearing’
‘ITY CoUNCIL
................................. 19 .... LOCATION MAP
! ................................. 19 .... -
................................. 19 ....
I ................................. 19 ....
3
I certify under penalty of perjury that the foregoing is true
and correct. Executed at arlsb d County of San Diego, State of California on tke 3th
Clerk of the Printer
..
*2’ ; PEDLEY I ZC-325
CY 4576: Oct. 5. 1985
-