HomeMy WebLinkAboutZC 196; La Costa Avenue & ECR Zone Change; Zone Change (ZC). '
DATE:
TO:
FROH:
CASE NO:
APPLICANT:
REQUEST:
STAFF REPORT
JUNE 22, 1977
PLANNING COMMISSION
PLANNING DEPARTHENT
ZC-196
CITY OF CJI.RLSBAD
CITY INITIATED ZONE CHANGE FROM C-2 TO CTQ AND RPQ ON
CERTAIN PARCETJS LOCATED AT 'l'EE SOLJTHE!1.ST CORNER OF LA
COSTA AVENUE AND EL ClU·liNO REI~L.
SECTION I. PECOI,c:E:~DATION
Staff recomnends that ZC-195 be approved for the following reascns:
1) General Plan Consistencv: The proposed zone change is consistcn~ w~~~
the general plan. b2cause the general plan·land use Dap ~esi~~ates t~~
Travel Services ca-cegory for this area. The change \·Jill :-:a·:e nc
adverse effect on any element of the general plan. The zone cha~ge
is mandated by section 65860 of the government code.
2) Environment: The proposed zone change is consistent with the Carlsbad
Environ~e~tal Prote~tion Ordinance of 1972 because a Neg~tive
Declaration was issued for the following reasons:
a) · The zone change will not effect the existing environ:r.,ent.
·b) The zone change is mandated by section 65860 of the govern!'le::.t
code.
3) Public Facilities: The proposed zone change is consistent \yith
·applicable City public facility polices and ordinances because the
subject change will not result in any impacts on public facility
availability.
SECTION II. BACKGROUND.
1) Location and Description: The subje~t area is located at the south-
east corner of La Costa Avenue and El Camino Real and extends south
almost to Perenne and over 600 feet to the east. The topography is
flat at the corner then rises rapidly to the east and south (See exhibit
A & B)
2) Existing Zoning:
Subject Property:
North:
··south:
East:
West:
C-2
C-2
P-G
P-C
.C (County)
3) Related Cases: The C1ty has been using rezonin~ to acheive general
plan consistency since adoption of the Land Use Element in 1974
(ZC-155, 156, 160, 161, 162, 167, 168, 191, · 196 and 195).
4) Environmental Impact Information: A'Negative Declaration was issued
for the following reasons:
·1) The zone change was mandated by Section 65860 of the government
·code.
2) The zone change will have no effect on the existing environment.
5) General Plan Information: The proposed zone change would bring the
zoning of this area into consistency with the general plan. The
general plan designates this area (Exhibit A & B) as Travel Service
and Professional and Related Corarner.cial.
6) Travel Service Corrtmercial: The general plan land use eler:-~ent contnins
a Travel Service category, a relatively specific land use, intended
to serve tourists and the traveling public. Uses would i~cludc
travel services sach as motels, hotels and restaurants.
7) Professio~al and Related CoD~ercial: This general plan land use
category designa:es areas whic~ a~e ·suited to office and ~ro~cssion3l
uses, including supportive related co~--:.erc ia 1 uses ..
8) Commercial Tourist Zone: This zone was adopted early in 1977 to
implement the Travel Service category of the general plan. The
purpose o~ this zone is to provide for the develop~ent and use of
certain types of. co~mercial busuwsses near transpc~ta tic:: centerE .-
recreation areas or inclose proximity to highways and freeways used
by interregional traffic.
9) Residential Professional Zone: This is an existing zone created to
provide areas for the development of certain low-intensity businesses
and professional offices and related uses in locations in conjunction
with or adjacent to residential areas and to provide transitional
light traffic generating com~ercial areas between established res-
·idential areas and nearby commercial or industrial development.
10) Major Planning Considerations: Will such a zone change negatively
effect the subject or surrounding properties?
SECTION III: DISCUSSION
Please· see summary sheet Exhibit "A" for discussion.
Attachments:
Exhibit "A" dated 6/9/77
Exhibit "B" dated 5/31/7.7
CDG:ar
6/10/77
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.. C-2
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P-C
ZC-196
·SUMMARY SHEET EXHIBIT "A"
P-C
t
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:~.ClJSSION:
:2 General Plan designates area indicated as A, al::ove as TS Travel Service. Parcels 10 & ll
·.:_. urdevelop2d at this time. Parcel 11 has a small grassy area with a sign advertis.i,-,g the
. Co0ta development. Tor:ography at the intersection is fairly level but rises sharply to t_l-:e
..:::;t ;:md southeast.
tl12 Comnission determines that this section should be rezoned Cornrrercial 'lburist (CI'), tLen
~~ \!-Overlay Zone should be applied to this area. The overlay zone would ensure that de,J-
:arr.cnt of the t\vo parcels V.1Quld be in conjunction with one another.. It -would also protect
:ainst the potential traffic problem \vhich could be created at the intersection of El camino
::ll and La Costa Avenue. •
::::tion "B"
e . General Plan has designated Section "B" as "O" Professional and Related Comrercial. The
:to is undevelop:x:l and zoned C-2. The C-2 Zone is not consistent with the "0" designation
nee C-2 pennits nearly all comrercial uses. The proper zone is Residential-Professional (RP)
~c to acheive consistency with the General Plan. If the RP Zone is applied it would t-'Cnni t
iice and related camlCrcial uses, but \'.X)Uld prevent residential use because RP Zone sp,_'cifi-
lly r:tates that residentail is permitted only as indicated on the General Plan. Since the
::1eral Plan does not give ;:my density for that a.rea, residcnti.1l is not r:cnnittcd. The m)
nc \\'Ould also act as a buffer retwecn the comncrciul uctivities of Section "!\" and th~ sur-
urrl.ing planned cam1lll1ity residential areLtS. 'Ihe Q-Overlay zone should also be~ applied to~-.,.
I I f I I
P-a to provide th.J.t develop-rent will be carpatible with surrounding areas and to insure ~iiiilllll_.,...
ce with the General Plan.
is staffs 1 rcconncnci"1tion that Section "A" be rezoned from C-2 to CT-Q and that Section "D"
rezoned from C-2 to RPQ for the reasons stated above.
BURNETT DEVELOPMENT COitv1P P.\l'~Y
Planning Department
City of Carlsbad
Carlsbad, California
June 13, 1977
Re: 16.70 Aqres, SEC El Camino Reul
and La Costa Boulevard
Gentlemen:
I am directing this letter in regard to the proposed change of zone of the
referenced property from Neighborhood Commercial to Travel Service and
Professional.
I am presently involved in the purchase of this property and, having evaluated a
number of factors concerning its size, topography, configuration and location,
have determin~d, in my best judgment, that the property is besl suited for
deyelopment wh~ch ~s·not entirely consistent wit~ the proposed c~1ange of zone.
Based upon a preliminary analysis of the ·property as conducted by myself! my
architect and the realty firm of Coldwell Banker, I believe it would be in U1e best
interests of the City of Carlsbad to consider a General Plan Amendment to
designate the land use of the property as Community Commercial in lieu of
Travel Service and Professional, and in connection therewith, I am attaching with
this letter, an Application For General Plan Amendment~
. .
I am currentiy in the process of preparing a preliminary plot plan of my proposed
development of the property. At this time, the development would include a
major· market, dr·ug store, restam·ants, theater, an office/financial complex to
include a bank, savings and loan and professional offices, [)Ius additional stores to
accommodate approximately 30 specialty retail and servi_ce related uses.
Bccnuse of the substantial nature of the project, the myriad of intended uses. its
location, size and relntion to a residential aren which is experiencing dynamic
· changes, it would appear that a Community Commercial land usc would be mor·e
appropriate to meet the immediate and long term needs of the cornmtmity, and
the long runge objectives of the City of .Carlsbad •.
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It is my understanding that the Planning Commission has scheouled its meetinr; of
June 22 to initiate the change of zone on this property to T!'avel Ser·vice and
Professional. If possible, I would like to request the P1nnning Commission to
delay any further action on the change of zone until I have the opportunity to
discuss the proposed development with you and the Planning Commission m
greater detail.
It is because I well realize the importance of this property, and the· impact of its
development on the City of Carlsbad and the surrounding community, that I hope
to be able to work closely v/ith you in developing a pr·ojcct which is proper and in
the best interests of all concerned.
WFB:lw
En c.
June 16, 1977
Hr. WIJllo~:~ F. nurnctt
Burnett Dovelrm;:v:mt Co.
P.Jclflc i\:.1:u..:ll ~1~.:.
523 'bst Sixth Strrc-:;t
Los 1\ng.::-les, c-r.. )OGJi,
Re: Prop:::rty on s:·.~.
Dear Hr. Burnett:
,.:." " ....
r -1 1 ·I.Fi I-. (,;.
In rcspo:t:;c to your l':t•:er of .Jun,~ l~\tll, st·Ji!
9u:Jrant0::! a Genera 1 ;>l-:;·, ;\::-H!n-!lllent 1d 11 t.c -'1•":·1 ·
Clty Hill CCi1tl~t~·~ ··i•.L ti;<2 :ZC'rli; c:-jlf:0<' r·ri)(J ·-'·
Is necessary for the t0llo;-dng reasons:
~:1a l ~:i!~.(~..~ i ~-. ,.
· ·.: ·,,r l'f,js nr:·.-;.
. ': t: /: --t , .., ,.. l .. "'. ; I I t t -L~ t .l /.\.., .. 1 "4 • •
1. 'lhe CT :en;~ Is cc•nsi:.tent ·.-nth the Tr,~v.-~1 ::.•ivlc:t~ cai:'.~
gory of th:-C,~·ner<'l Pl2:1 \J'dch h~s l-~--;; cl,,. i:'~n';t.-:·J f~r
thIs <1r<;a.
2. Current zonlnr: (C-2) ls ln~:on~lstent 1-:ith t:·~ Gent:ral
Plvn \·!h'ich' ls-contr<:<ry to Section Gs.:~ . .J of the Govern-
ment Code.
3. Current zonlno would allow con-nerclal u~.e.s to be butlt
on the site without any dl5crettonary dCtlon.
The approval of ZC-196 ot this tlr.ta h'OUld not rule out the possibility
of a General Pl:m Ar.-endment at a later d~te. One_ of the -Important rc;J-
sons for considering ZC-196 at this tlma Is tho appllc~tlon of the Q-
over1ay zone which \"Ill provldo for lntcgrnl dcvt•l<":;:.f!nt of th~ -nrf.:l, .
Your letter will be made part of the stvff report· ror tho June 22, l~·i'7
hebrlng, If you have any further questJona, plesse contact the City at
729•1181 and osk for PJannlng.
Sincerely,
Bud Plonder
Assistant rJ~nnJng Dlroctor
8PrCOGaer
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PLANNING COMMISSION RESOLUTION NO. 1400
RESOLUTION OF THE PLNEHNG co:-HHSSIO!l OF TilE
CITY OF CAH.LSB!~D I CALlFORNil\ I PECOt1.."1S~lDING '
APPROVAL OF A zorm CHM;GE FR0~·1 C-2 TO C-2--Q
ON PROPERTY GEllER!~LLY LOCATED ON THE SOUTH-
EAST INTERSECTION OF EL CAMINO REAL AiJD Ll\
COSTA AVENUE.
CASE NO: ZC-196
APPLICANT: CITY OF CARLSBl1D
WHEREAS, a verified application for certain property as
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shown on the attached map, Exhibit "A", has been filed \·lith the
City of Carlsbad ar:d referred to the Planning Commission; and
~vHEREA-:,s, said verified application constitutes a request
as provided by Title 21 of the Carl~bad Municipal Code; and
~vHEREAS, the_ Planning Corwl1ission did on the 24th day of
August, 1977, hold a duly noticed public hearing as prescribed
by law to consider said request; and
~vHEREAS, at said public hearing, upon hearing and considering
the testimony and arguments, if any, of all persons \vho desired
to be heardt said Commission considered all factors relating to
the Zone Change and foun~ the following facts and reasons to exist:
1) The Q-Zone would allow conditions to be placed on future
development to mitigate the identified environmental impacts.
2) The Q-Zone would allow future review of the City prior to
development to insure compatibility with surrounding dev-
elopment.
NOi1, THEREFORE, BE IT 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 heretofore and considering
XXX·
the applicable law, the decision of the Planning CoiTmission
is to appro_ve ZC-196 located on the south east intersection
of El Camino Real and La Costa Avenue. ·
l PASSED, l\.PPHOVED AND ADOPTED at a regular meeting of the
2 City of Carlsbad Planning Commission held on August 24, 1977 by
3 the following vote to wit:
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AYES:·
NOES:
ABSENT:
ATTEST:
Commissioner Larson, Rombotis, L'Heureux, Watson,
Fike~, Jose; Woodward.
None.
None.
:: <:kv/Nk: U2~wta~~
/J111ES C. HAGAI~Yill { j3ECRETARY
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ZOiJE CHANGE 196 cm~PLI ED FROr-1 OFFICIAL 500 SC/\LE ZotlHIG
ATLAS PAGE llJ CITY OF CARLSB/\DJ CALIFORt.JIA.
EXHIBIT "A"
..
-~ . CITY OF ,..RLSBAD , Initial:
AGENDA BILL NO. __ ~s~1~9L5L-~s~,~lp~p~~~e~m~e~n~t~·~P~~~.~l~------Oept. Hd.
DATE: NOVEMBER l, 1977
DEPARTMENT: PLANN lNG
SUBJEr.T:
REPORT FROM P(ANNING COMMISSION
City Atty
City Mgr.
•./ J
ZC-196, Zone Change Request, southeast corner
of La Costa and El Camino Real (C-1-Q)-~ Jf ~~~(~
STATEMENT OF THE MATTER f --
REQUEST:
ZC-196 is a zone change request for property situated on the south east
corner of La Costa and El Camino Real (Burnett). The item originally was
accompanied with GPA-48, a General Plan Amendment that changed the land
Use from Travel & Office to Neighborhood Commercial on the site.
Originally the Planning Commission recommended the change of zone to C-2-Q .
. The City Council felt, however, that the C-1 zone was the proper zone to
implement the Nefghborhood designation of the General Plan. The City Council
also felt that some of the C-2 uses would be inappropriate at this location.
Therefore the City Council suggested that the proper zone should be C-1-Q.
Since this is contrary to the Planning Commission•s recommendation, the
action was returne~ to the Planning Commission for further report. The
Pla~ni~s Commission re\!ewed the City Council •s suggestion of C-1-Q ~nd have
concurred that the zone should be C-1-Q.
EXHIBITS:
Stal-f Report detecl, September 27, 1977
Staff Report dated, June 22, 1977
Planning Com~ission Resolution No. 1400
RECOMMENDATION:
It is recommended that the City Attorney be directed to prepare documents
approving ZC-196 as per Planning Commission Resolution No. 1400 as to
C-1-Q as modified by this report.
FORM PLANNING 73
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MEMO HAN DUM
DATE: September.27, 1977
TO: Planning Commission
FROM: Planning Sta~f
RE: ZC-196
On ·september 20, 1977, the City Council heard ZC-196 and returned it
to the Planning Commission for further report. The request was a
City initiated change of .zone from C-2 to C-T and R-P on property
situated on the southeast corner of Sunny Creek Road and La Costa.
The Planning Commission recommended the zone be changed to C-2-Q.
However the City Council has suggested that the property be rezoned
C-1-Q instead of C-2-Q.
ZC-196 was a follow-up action with GPA-48, which was a request to
change the land use.from Travel Service and Office to Neighborhood
Commercial. The City Council approved GPA-48 changing the designation
of subject property to Neighborhood Commercial.
The Planning Commission felt that'the C-2-Q zGne is compatible with
the Neighborhood Cormnercial in that the C-2 zone allm·lS all corr.:r.ercial
uses needed for a neighborhood zone. Also, the C-l. zone i:; too
restrictive since it does not allow on-sale alcohol, which the
applicant had proposed on this site. The Planning Corrmission felt
that the Q-Overlay Zone would give the City the appropriate mechanism
to insure proper development especially as it pertained to access and
grading •.
Although the City Council concurred with the Planning Commission on
GPA-48 to allow Neighborhood Commercial at this site, they did not
find the C-2 zone as uhe proper for implementation. They felt
that the C-2 zone allows some uses that are not conducive to good
neighborhood ~hopping.
· Recognizing the Planning Commission reason for the C-2 zone (to
permit on-sale alcohol), the City Council directed the Planning
Commission to consider alternative methods. Therefore, at the same /
time they requested Planning Commission to consider C-l~Q, the City
Council directed. the Planning Commission to consider allowing a restaurant
with alcoholic beverages by a Conditional Use Permit in the C-1 zone.
This amendment has been noticed and will be heard the same_night as
this r.eport.
·' .... ,,
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Staff concurs with the City Council that the C-1 zone is the
Neighborhood Commercial Zone and there fore !>hou1d be u~~cd to implcmcn t
the JJand Usc Category "Neighborhood Commercial". Staff acknowledges t.ha t
the C-1 zone is weak and there arc doubts in its· obi1i ty to impJ crncnt -
the General Plan. However, we anticipate changes in the C-1 zone
to better reflect the intent and purpose of Neighborhood Commercial.
Therefore we feel at this time that the City should usc the C-1
to implement the Neighborhood Corrunercial land use ond C-2 zone for
other compatible land uses such as Community Commercial. ---·----------.~~-"'·~·--~·~___.
Recommendation:
It is recommended that the Planning Commission submit this report to
the City Council agreeing that the C-1-Q is·the proper zone to implem~nt
the Neighborhood Commercial Land Use Category of the General Plan and
that ZC-196 be changed to C-1-Q.
Attachments
Staff Report dated June 22, 1977
Excerpts Planning Commission Ninutes 8-24-77
Excerpts City Council Minutes 9-20-77
BP: jp
10/6/77
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ZONE CHANGE 196
FROM C-2 TO
C-1-0
SHEET NO II OF OFFICIAL
ZONING MAP IN THE
CITY OF CARLSBAD I
CALIFORNIA
..
CITY OF ,._. RLSBAD
"""' AGENDA BILL N0. __ .,5;t:..-.,__/..u..~r~-r-·_ -------
DATE: _________________ s_e~p~t_em_b_e_r __ 2_0~,_1_9_7_7 ______ __
DEPARTHENT: PLANNitiL_ _________ _
SUBJECT:
Initial:
Dept. Hd.
City Atty
City Mg r.
ZC-196, From C-2 to CT-Q and R-P-Q, City initiated General Plan
consistency rezoning La Costa Avenue and El Camino Real (Southeast
corner). STATEMENT OF THE MATTER
As part of the rezoning project to bring zoning into. consistency with the General Plan,
staff initiated rezoning areas designated in the General Plan as Travel Service to be
rezoned to the new Commercial Tourist Zone. During the hearing many people protested
rezoning of these properties. The Planning Commission tabeled the hearings and asked
that the staff review the appropriateness of the General Plan and the CT Zone.
One of the sites chosen for rezoning is the property that contains the application
for GPA-48. Staff originally suggested the rezoning be from C-2 to C-T-Q and R-P~Q to
implement the General Plan of T-S (Travel Service) to C (Community Commercia1). This
meant that the new zone could not be determined until decision on the General Plan
was made. However, so both the General Plan Amendment and the rezoning could be heard
at one time staff renoticed ZC-196. This allows the· City to make· zoning consistent
with the General Plan at the same time.as considering the-General Plan Amendment. Since
there were various possible actions the City could take staff submitted the options
available for zone consistency. These zone options are listed in the memorandum dated
August 24,1977. ·
The Commiss·ion recommended that the General Plan be changed to Neighborhood Commercial
at this site. Normally the C-1 (Neighborhood Commercial) would be the appropriate
zone. However, the Planning Commission felt that the present C-2 Zone will provide
for Neighborhood as well as permit a restaurant with alcoholic beverages as proposed
by the applicant. The Commission recommended that a "Q" Overlay Zone be placed on the
existing C-2 Zone so tha.t development geared-to Neighborhood Commercial could tie
assured and that access and grading would be reviewed by the Planning Commission.
EXHIBITS
-Planning Commission Resolution No. 1400
Staff Report dated June 22, 1977 •
Memorandum to Planning Commiss\on dated, August 24, 1977
RECOMMENDATION .
The Planning Commission recommended that ZC-196 be from C-2 to C-2-Q to implement
the General Plan as amended by GPA-48. If the City Council concurs, it is recommended
that the City Attorney be directed to prepare document as per Planning Commission
Resolution No. 1400.
If the City Council returns previous action on GPA-48 to the Planning Commission,
staff then recommends that ZC-196 also be returned to Planning Commission so it can
be made consistent with the General Plan.
•
FORf~ PLANNING 73
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PLANNING CO~h~ISSION RESOLUTION NO. 1400
RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A ZONE CHANGE FROM C-2 TO C-2-Q
ON PROPERTY GENERALLY LOCATED ON THE SOUTH-
EAST INTERSECTION OF EL CAMINO REAL AND LA
COSTA AVENUE.
CASE NO:
APPLICANT:
ZC-196
CI~Y OF CARLSBAD
WHEREAS, a verified application for certain property as
shown on the attached map, Exhibit "A", has been filed with the
City of Carlsbad and referred to the Planning Commission; and
WHEREAS, said verified application constitutes a request
as provided by Title 21 of the Carlsbad Municipal Code; and
WHEREAS, the.Planning Commission did on the 24th day of
August, 1977, hold a duly noticed public hearing as prescribed
by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering
the testimony and arguments, if any, of all persons who desired
to be heard, said Commission considered all factors relating to
the Zone Change and found the following facts and reasons to exist:
1) The Q-Zone would allow conditions to be placed on future
development to mitigate the identified environmental impacts.
2) The Q-Zone would allow future review of the City prior to
development te insure compatibility with surrounding dev-
elopment.
NOW, THEREFORE, BE IT resolved oy 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 heretofore and considering
XXX
the applicable law, the decision of the Planning Commission
is to approve ZC-196 located on the,~outh east intersection
of El Camino Real and La Costa Avenue.
~ PASSED, APPROVED ANO ADOPTED at a regular meeting of the
2· City of Carlsbad Planning Commission held on August 24, 1977 by
3 the following vote to wit:
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AYES:
NOES:
ABSENT:
ATTEST:
Commissioner Larson, Rornbotis, L'Heureux, ~'latson,
Fikes, Jose, Wood~vard.
None.
None.
ERIC LARSON, CHAI~~N
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ZONE CHANGE 196 cor~PLIED FRDr··1 OFFICIAL 500 SCALE ZONHlG
, ATLAS PAGE 11., CITY OF CARLSBAD., CALI FORU IA •
EXHIBIT "A"
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DATE:
TO:
FROM:
CASE NO:
APPLICANT:
REQUEST: ·
STAFF REPORT
JUNE 22, 1977
PLANNING COMMISSION
PLANNING DEPARTMENT
ZC-196
CITY OF CARLSBAD
CITY INITIATED ZONE CHANGE FROM C-2 TO CTQ AND RPQ ON
CERTAIN PARCELS LOCATED AT THE SOUTHEAST CORNER OF LA
COSTA AVENUE AND EL CAMINO REAL.
SECTION I. RECOMNENDATION
Staff reco~ends that ZC-196 be approved for the following reasons:
1) General Plan Consistency: The proposed zone change is consistent with
the general plan because the general plan land use map designates the
Travel Services category for this area. The change will have no
adverse effect on any element of the general plan. The zone change
is mandated by section 65860 of the government code.
2) Environment: The proposed. zone change is consistent with the Carlsbad
Environmental Protection Ordinance of 1972 because a Negative
Declaration was issued for the fbllowing reasons:
a) The zone change will not effect the existing environment.
b) The zone change is mandated by section 65860 ·of. the government
code.
3) Public Facilities:· The proposed zone change is consistent with
applicable City public faci~ity polices and ordinances because the
.subject change will not result in any impacts on public facility
availability. ·
SECTION II. BACKGROUND.
1) Location and Description: The subject area is located at the south-
east corner of La Costa Avenue and El Camino Real and extends south
almost to Perenne and over 600 feet to the east. The topography is
flat at the comer then rises rapidly to the east and south (See exhibit
A & B)
2) Existing Zoning:
Subject Property:
North:
South:
East:
West:
C-2
C-2
P-C
P-C
C (County)
3)
. r"
Related Cases: ·The ~ty has been using rezonin~to achei ve general
plan consistency since adoption of the Land Use Element in 1974
(Z~-155, 156, 160, 161, 162, 167, 168, 1~1, 196 and 195).
4) Environmental Impact Infor~ation: A Negative Declaration was issued
for the following reasons:
1) _The zone change was mandated by Section 65860 of the government
code.
2) The zone change will have no effect on the existing environment.
5) General Plan Information: The proposed zone change would bring the
zoning of this area into consistency with the general plan. The
gene~al plan designates this area (Exhibit A & B) as Travel Service
and Professional and Related Commercial.
6) Travel Service Commercial: The general plan land use element contains
a Travel Service category, a relatively specific land use, intended
to serve tourists and the traveling public. Uses would include
travel services such as motels, hotels and restaurants.
7) Professional and Related Commercial: This general plan land use
category designates areas which are suited to office and professional
uses, including supportive related commercial uses.
· 8) Commercial Tourist Zone: This zone was adopted early in 1977 to
implement the Travel Service category of the general plan. The
purpose of this zone is to provide for the development and use of
certain types of cornrnerc·ial businesses near transportation centers,
recreation areas or inclose proximity to highways and freeways used
by interregional traffic.
9) Residential Professional Zone: This is an existing zone created to
provide areas for the development of certain low-intensity businesses
and professional offices and related uses in locations in conjunction
with or adjacent to residential areas and to provide transitional
light traffic generating commercial areas between established res-
idential areas and nearby commercial or industrial development.
10) Major Planning Considerations: Will such a zone change negatively
effect the subject or surrounding properties?
SECTION III: DISCUSSION
Please see sununary sheet Exhibit "A" for discussion.
Attachments:
.Sur.rnary Sheet Exhibit A
Iocation .~!ap
Letter from William BUlnett dated 6/13/66
letter fran Bud Plender dated 6/16/77
CDG:ar
6/10/77
-2-
C-2
P-C .
ZC-196
SUMMARY SHEET EXHIBIT 11A11
P-C
t
N
ISCUSSION:
ection "A"
he General Plan designates area indicated as A, above as TS Travel Service. · Parcels 10 & 11
re un:Ieveloped at this t:ime. Parcel 11 has a small grassy area with a sign advertising the
a_Co3ta development. Tbpography at the intersect~on is fairly level but rises sharply to the
ast and southeast.
f th~ Ccmnission detennines that this section should be rezoned Cornrrercial 'Iburist (CI'), then
he Q-Overlay Zone should be applied to this area. The overlay zone would ensure that dev-
:lorr.cnt of the two parcels would be in conjunction with one another. It would also protect
gainst the potential traffic problem which could be created at the intersection of El Camino
eal and La Costa Avenue.
cction "B"
he General Plan has designated Section "B" as "O" ·Professional and Related Corrrrercial. The
itc is undeveloped and zoned C-2. The C-2 Zone is not consistent with the "0" designation
ince C-2 permits nearly all coiitrercial uses. The proper zone is Residential-Professional (RP)
one to acheive consistency with the General Plan. If the RP Zone is applied it would p:~nnit
ffice and related commercial uses, but would prevent residential use because RP Zone specifi-
ally Btates that residcntail is permitted only as indicated on the General Plan. Since the
e..-x:?ral Plan does not give any density for that area, residential is not permitted. 'l'he HP
o~ \VC>Uld also act as a buffer between the cornncrcial activities of Section "A" and the sur-
ounding planned community residential areas. The Q-Overlay zone should also be applied to this
rca to provide that developrent will be canpatible with surrounding areas and to insure compli-
nce with the General Plan.
:t is staffs' rec.x:mrendation that Section "A" be rezoned from C-2 to CT-Q and that Section "B"
c rczoru:rl from c-2 to RPO for the reasons stated above.
BURNETT DEVELOPMENT COMPANY
Planning Department
City of Carlsbad
Carlsbad, California
June 13, 1977
Re: 16.70 Acres, SEC El Camino Real
and La Costa Boulevard
Gentlemen:
... 11.f,r,f 1 · ~1o~1 7 -' . .t _;
CiT'/ OF CP.RLSB1~D r . . 1:::-:.-,~r" r·-.. ,~,.J,n,... ... -' ·I t 1 : , ) ; ~' ·; ~ ,; :. ~ .f ·. n ;_
I am directing this letter in regard to the proposed change of zone of the
referenced property from Neighborhood Commercial to Travel Service and
Professional.
I am presently involved in the purchase of this property and, having evaluated a
number of factors concerning its size, topography, configuration and location,
have determined, in my best judgment, that the property is best suited for
development which is·not entirely consistent with the proposed change of zone.
Based upon a preliminary analysis of the property as conducted by myself, my
architect and the realty firm of Coldwell Banker, I believe it would be in the best
interests of the City of Carlsbad to consider a General Plan Amendment to
designate the land use of the pc.operty as Community Commercial in lieu of
Travel Service and Professional, and in connection therewith, I am attaching with
this' letter, an Application For General Plan Amendment.
I am currently in the process·of preparing a preliminary plot plan of my proposed
development of the property. At this time, the development would include a
major· market, drug store, restaurants, theater, an office/financial complex to
include a bank, savings and loan and professional offices, plus additional stores to
accommodate approximately 30 specialty retail and service related uses.
Because of the substantial nature of the project, the myriad of intended uses. its
location, size and relation to a residential area which is experiencing dynamic
changes, it would appear that a Community Commercial land usc would be rnMc
appropriate to meet the immediate and long term needs of the comr~t~nity, and
the long range objectives of the City of Carlsbad.
-2-
It is my Wlderstanding that the Planning Commission has scheduled its meeting of
June 22 to initiate the change of zone on this property to Travel Service and
Professional. If po~sible, I would like to request the Planning Commission to
delay any further action on the change of zone until I have the opportunity to
discuss the proposed development with you and the Planning Commission in
greater detail.
It .is because I well realize the importance of this property, and the impact of its
development on the City of Carlsbad and the surrounding community, that I hope
to be able to work closely with you in developing a project which is proper and in
the best interests of all concerned.
Very truly yours,
// ./ . --7//
{ .. --{_.~/( f't--'7 ~-t__;~C-·(_ /'"\. t'--L-?.
William F. Burnett
WFB:lw
En c.
June 16, 1977 .
Hr. \,I lilt am F. Burnett
Burnett Dcvelop~~nt Co.
Pacific th.itual SldJ.
523 \/est Sixth Street
Los Angeles, CA 900ili
Ra: Property on SEC of El Cnnfno Real a.1d l4l Cv;t:,, :.venue
Dear Hr. Burnett:
In response to your letter of Juna 13th, St:Jff f::,:d~ that tht:rc 1~ nu
guarantee a General Plan Am.-.!ndmant' "" J I be ap:H·ov,!d tor this area. The
Ctty will continue w(th the zone chan9e proce~~ as staff feels ZC·l96
I~ necessary for the following reasons:
l. The CT zone Js consistent with the Travel Service cate-
gory of tflc General Plan t:1hlch has been cicslgr~<ltcd for
this area.
2. Current zoning (C-2) Is Inconsistent with the Genl:ral
Plan Nhlch Is contrary to Section 65360 of the Govern·
ment Code. · · · ·
3. Current zoning would allow commercial uses to ~e built
on the site without any dlscrettonary action.
The approval of ZC-196 at this tlma would not rule out the posslb11lty
of a Genet"<l1 Plan Amendment at a later date. One-of the Important rea-
sons for considering ZC-196·at thls time fs the application of the Q-
overloy zone which will provide for Integral development of the urea.
Your letter wt11 be m~de part of the staff report·for the June 22, 1977
hearing. If you hsve ~ny further questions, please contact the City at
729·1181 and ask for Planning.
Sincerely,
Bud Plender
Assistant Planning Director
IPaCOGaar
MEMORANDUM
August 24, 1977
TO: Planning Commission
FROM: Planning Department
SUBJECT: ZC-196 Options
The attached staff report for ZC-196 was presented to the Planning
Commission at a public.hearing on June 22, 1977. At that time, all
of the proposed C-T rezonings were tabled pending further direction
by the City Council. Since the Commission was to consider a General
Plan.Amendrnent for most of the property included in ZC-196, staff
felt it desirable to return ZC-196 to the Commission at the same
time. The Planning Commission concurred \vith staff in this regard
on July 27, 1977.
Depending on what action is taken on GPA-48, the Planning Commission
would have the following options in rezoning the subject property:
1. If the Commission follows staff's recommendation to deny GPA-48
and leaves the present TS and 0 designations on the Land Use Plan,
·the appropriate acti9n would be to approve ZC-196 as outlined in
the staff report. ..
2. If the Commission approves GPA-48 as requested by the applicant,
staff would urge that ZC-196 be approved to apply the Q-zone
overlay to the existing C-2 zoning on the property. The notice
for the public hearing on this matterwould allow such an action.
3. If the Commission changes the General Plan designation to anything
other than discussed in No. 1 or 2 abo~e (TS and 0 or C), State
law requires a minimum 14. day delay prior to rezoning. If this
is done, staff will return the appropriate zone change action
to your body as soon as possible •
. Attachment:
Staff Report dated June 22, 1977
MZ:s
...
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CITY OF CARLSBAD @
2 Initial: AGENDA BILL NO._n95 -Supplement No Dept.Hd. ___ _
DATE: ____________ ~N~o~v~embe~ 15. 1977 c. Atty.V.f6>
~i)
DEPARTMENT : ___ ~C:..=i:..:t:.Xy--!:A~t~t~o:!.:!r~n~e=.:vl:-:.-·-------------~><----... C • f·1gr • ~
Subject: .REPORT FROM PLANNING COMMISSI N.
Southeast Corner of La Costa and El C Carlsbad)
Statement of the Mat·ter
The City Council at your meeting of November 1, 1977 directed
the City Attorney to prepare the necessary documents approving
Zone Change (ZC-196). The resolution approving the zone change
and the ordinance adopting the zone change are attached.
Exhibits
Resolution No. 5:LSt .
Ordinance No. 9!j 'fy
" ~ .·
,·
Recommendation
If the Council desires to approve Zone Change 196 and grant ~the change of zone , your ac;ryn is to adopt Resolution No.~~J[b
and introduce Ordinance No. 1-!i 7~
~ .
Council Action:
11-15-77 Council adopted Resolution No. 5256, announcing findings and
deciston regarding change of zone (ZC=l96) from C-2 to C-1-Q on
property generally located on the southeast intersection of El
Camino Real and La Costa Avenue; and
O~dinance No. 9494 was introduced for a first reading, amending
T1tle 21 of the Carlsbad Municipal Code by amending the Zoning
Map to grant a change of zone (ZC-196) from C-2 to C-1-Q on
property located on the southeast intersection of El Camino Real and La Costa Avenue.
12-6-77 Ordinance #9494 was given a second reading and adopted.
' ! I~
...
CITY OF CARLSBAD
AGENDA BILL NO. 519_5 -Snppl ement No 2
DATE: Novemb~ 15. 1977
DEPARTMENT: Cit Attorne
Sub) ect: . REPORT FROM PLANNING COWUSSI
Southeast Corner of La Costa and El Cami
Statement of the Mat·ter
Initial:
Dept. Hd • __ _
c. A tty .v.,Qg
c. Mgr. ~
of Carlsbad)
The City Council at your meeting of November 1, 1977 directed
the City Attorney to prepare the necessary documents approving
Zone Change (ZC-196) . The resolution app~oving the zone change
and the ordinance adopting the zone change are a~tached.
Exhibits
Resolution No. 5~st, .
Ordinance No. tf'tj 'fy
Recommendation
If the Council desires to approve Zone Change 196 and grant
. the change of zone , your ac;ryn is to adopt Resolution No.~~JLb
and introduce Ordinance No. '1-!t-:J~
Council Action:
11-15-77 Council adopted Resolution No. 5256, announcing findings and
decision regarding change of zone {ZC=l96) from C-2 to C-1-Q on
property generally located on the southeast intersection·of El
Camino Real and La Costa Avenue; and
O~dinance No. 9494 was intro~uced for a fJrst reading, amending
T1tle 21 of the Carlsbad Mun1cipal Code by amending the Zoning
Map to grant a change of zone (ZC-196) from C-2 to C-1-Q on
property located on the southeast intersection of El Camino Real and La Costa Avenue .
;·0.'!\
'*'x' ,-:Jl
1 ORDINANCE NO. 9494
2 AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, AMENDING
3 TITLE 21 OF THE CARLSBAD f·1UNICIPAL CODE
BY AMENDING THE ZONING MAP TO GRANT A
4 CHANGE OF ZONE (ZC-196) FROM C-2 TO C-1-Q
ON PROPERTY GENERALLY LOCATED ON THE SOUTH-
5 EAST INTERSECTION OF EL CAMINO REAL AND
LA COSTA AVENUE. APPLICANT: CITY OF
6 CARLSBAD. --------~-----------------------------------
7 The City Council of the City of Carlsbad, California does
8 ordain as follows:
9 SECTION 1: Title 21 of the Carlsbad Municipal Code is
10 amended by the amendment of the zoning map to grant a change of
11 zone (ZC-196) from C-2 to c-1-Q on property as shown on map marked
12 ZC-196, Exhibit A, attached hereto and made a part hereof.
13 EFFECTIVE DATE: This ordinance shali be effective thirty
14 days after its adoption, and the City Clerk shall certify to the
15 adoption of this ordinance and cause it to be published at least
16 once in the Carlsbad Journal within fifteen days after its adoption.
17 INTRODUCED AND FIRST READ at a meeting of the Carlsbad City
18 Council held on the _______ day of ___________ , 1977, and thereafter
19 PASSED AND ADOPTED at a meeting of said City Council held
20 on the day of , 1977 by the following vote, to wit: ----------------~
21 AYES:
22 NOES:
23 ABSENT:
24
25
26
27
28
ATTEST:
MARGARET E. ADAMS, City .Clerk
'(SEAL)
ROBERT C. FRAZEE, Mayor
... :
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ZONE CHANGE 196
FROM C-2.-; TO
C-1-Q .
SHEE.T NO II. OF OFFICIAL
. ZONINt ~AP IN THE
CITY OF CARLSBAD,.
CALIFORNIA
..
.,. EXHIBIT A._TO ORDINANCE NO. ___ _
-:,.;.-... ·-
. .
-1
. . . .., ...
·.
' .
AGENDA BILL NO.
( (
Q)~------
DATE: September 20, 1977 ------------------~--------~------------
0 EPA RT ~1 EN T: ----~-LP..J..JLA=NlllN .. ui NJ..l.IG~__ ______ _
SUBJECT:
r,nitial:
"ept. H d.
City Atty
City Mgr.
/
' / "-1 I
' // "-..---·'
~
5
[' JJ 1~
; STATEMENT
ZC-196, From C-2 to CT-Q and R-P-Q, City initiated General Plan
consistency rezoning La Costa Avenue and El Camino Real (Southeast
corner). 0 F THE MAT-,=-Tr=-ERn-------------------------
.,
As part of the rezoning project to bring zoning into consistency with the General Plan,
staff initiated rezoning areas designated in the General Plan as Travel Service to be
rezoned to the new Commercial Tourist Zone. During the hearing many people protested
rezoning of these properties. The Planning Commission tabeled the hearings and asked
that the staff review the appropriateness of the General Plan and the CT Zone.
One of the sites chosen for rezoning is the property that contains the application
for GPA-48. Staff originally suggested the rezoning be from C-2 to C-T-Q and R-P-Q to
implement the General Plan of T-S (Travel Service) to C (Community Commercial). This·
meant that the new zone could not be determined until decision on the General Plan
was made. However, so both the General Plan Amendment and the rezoning could be heard
at one time staff renoticed ZC-196. This allows the City to make· zoning consistent
with the General Plan at the same time as considering the General Plan Amendment. Since
· there were various possible actions the City could take staff submitted the options
available for zone consistency. These zone options are listed in the memorandum dated
August 24,1977.
The,Commission recommended that the General Plan be changed to Neighborhood Commercial
at this site. Normally the C-1 (Neighborhood Commercial) would be the appropriate
zone. However, the Planning Commission felt that the present C-2 Zone will provide
for Neighborhood as well as permit a restaurant with alcoholic beverages as proposed
by the applicant. The Commission recommended that a 11 Q11 Overlay .Zone be placed on the
·existing C-2 Zone so that development-geared to Neighborhood Commercial could be
assured and that access and grading would be reviewed.by,the Planning Commission.
EXHIBITS
Planning Commission Resolution No. 1400
Staff Report dated June 22, 1977 ,
Memorandum to Planning Commission dated, August 24, 1977
RECOMMENDATION
The Planning Commission recommended that ZC-196 be from C-2 to C-2-Q to implement
the General Plan as amended by GPA-48. If the City Council concurs, it is recommended
that the City Attorney be directed to prepare document as per Planning Commission
Resolution No. 1400. ·
If the City Council returns previous action art GPA-48 to the Planning Commission,
staff then recommends that ZC-196 also be returned to Planning Com~ission so it can
be made consistent with the General Plan. (~(]~ .t r ~/&LJ)
FORM PLANNING 73
( (
AGENDA BILL NO. 5195 -2-September 20, 1977
9-20-77 Following the public hearing the matter was returned to
the Planning Commission for a report as to the C-1-Q zone
being appropriate for this property. Also the Council
directed the Planning Commission to consider an amendment
of the C-1 zone provision to allow the on-site sale of
liquor in restaurants on a CUP basis.
-'
C I·TY OF CARLS BAD
ENVIRONMENTAL PROTECTION ORDINANCE OF 1972
DECLARATION OF NEGATIVE (NON-SIGNIFICANT) ENVIRONMENTAL EFFECT -
TYPE OF APPLICATION: __ ~~==o~~~c~~LJA-=~«~K~JC~-----------------------
p E RM IT AND I 0 R FILE N 0 o _J.z~e.._---_;_\ _,'\....,.6«<----------------
THE ENVIRONMENTAL IMPACT ASSESSMENT HAS BEEN RECEIVED FOR:
PROJECT DESCRIPTION Zo~e Cha//l:jC horn . c-z J-o c. TQ
Ctn q( /( P Q
PROJECT LOCATION 3 pa_tjc_e{s /n<::....a...f-.ed oe1 a ':1 d neqr l-4.e
SoVJ i Gt cast CQui/) -err 0 {-c--1 u wt ( Vl.o 1!-.e& ( Cl.l/l d ~ Co J ~ A uP
I declare that I have examined the information for the above project
as submitted by the applicant, and on the basis of the Environmental
Impact Assessment questionaire on file in my office as a public
document, it is my determination that this project will not have any
significant impact upon the environment within the meaning of the
California Environmental Quality Act of 1970 and the Environmental
Protection Ordinance of 197Z for the following reasons:
) The_ ZoeJe-Oanv< •S v:·~·utvtA~-Ie>c.f J,A.,:~der fi-t-< ftcUt.Sir;IVS o-€-
S e cti ;n ' 5'~9 "t!-th <-Gau-er V< V'-'t-E'M c Co de
z_). Th-e. Zone ~nge. 1..-tHI/ Jl.af e £-teet fl~-e.. -e.x.t Sil~
('11 U! ToM 1/Vl-CRZ""""-"_._f~--------------~-------
-------
The Environmental Imapct Assessment will be available for public
reView and comment for FIVE DAYS from date.
DATED:. ta/8/7 7
REV o 3/16/77
FORM PLANNING 42
E • I. S o Log No o ---'-.=3=:.-!.'f.;;:.3 __ _
...
NOTICE OF DECLARATION OF
NONSIGNIFICANT ENVIRONMENTAL IMPACT
.. ' NOTICE IS HEREBY GIVEN that the following p_rojects have submitted environmental
impact information to the City of Carlsbad in accordance with the Environmental
Protection Ordinance of 1972 (Ord. 1150) and have been declared to have a non-
significant environmental impact. For further information, contact the
Cartsbad Planning Deparbnent. ~ v ('!\
1.
2.
3.
4 •
(p (i CARLSBAD PLANNING DEPARTMENT
APPLICANT
Robert Levi
M.S. 308 . \
\
LOCATION
Lots 331 & 332
La Costa Meadows #2
C1ty of Ca~lsbad Between Elm-
Ave. & Grand Ave.
(ZC 194 } just west of I-5
City of Carlsbad East line
(ZC195) Carlsbad Blvd.·
between Elm and
Walnut
t.
C1ty of Carlsbad 3 parcels located
(ZC 196} on and near the
.. -. southeast corner
of El Camino Real
and La Costa Ave.
1
ACTIVITY REASON FOR NEGATIVE
DECLARATION
1-lot condo-a) Area is within
miniurn map for urbanized envir-
4 units onment •
Zone Change
from c....,2 to
OT 2
b) Lots have already
been graded.
a) The zone change is
nandated un¢ler b'1e
provisions of sectior
76860 of the Gov't _
code.
· b) Th~ Zone change will
not affect the existir
.~ environment.
Zone Change
from C-2 and
to CTQ.
Zone Change
from C-2 to
CTQ and RPQ
a). The zone change is
R-3mandated under the
provisions of Sectio:
65860 of the Gov' t
Code.
b) The Zone change will
not affect the . . ' . exJ..sting envl.rOn-
ment.
a) . The zone c;hanqe 1s mandatea unaer
the provisions of
of Section 65860
of the Gov' t Ccxle.
b) The Zone change
will not affect the
existing environ-
. nent.
.)
ENVIRONMENTAL IMPACT ASSESSMENT FORM
Receipt No. ---_EIA NO. __ _
Date: tJfM/lg ,3 1 1/?7 _
Name o~pplicant: c_,+'J o-f! ~cis~J
Address: /doo~ t1£
Permit Applied For: Z(te ettd(Age C-)._ ~ C..TQ j £fQ
Case Nos.: 2C/ fte
Location of Proposed Activity: Arcq Q +: t::tfllcP VJ.e_02r.r ft,c
. S::u./-4 eo c t Cot! t1 er o.? C/ Cqf#/A JD UA f Ej LA CUos-t9 II cJ e
BACKGROUND INFORMATION
1.·, Give a brief description of the proposed activity (attach
any preliminary develop~ent plans)~
c_ \ ~ l v'f:tLGt:·~-eQ_ .2..o <A. .e_ ~ CA.q <. ~VI ~ClL -+ed ~J
~ ~-titlf'-'1·-wte..VLt ~~e( # &s:-%~0
2. Describe the activity area, including distinguishing
natural and manmade characteristics; also provide precise
slope analysis when appropriate.
Ro'-<-~h fopo.,r~ ~lAc; 1D ecJc vel ·~s. -trr~A. ~'Cc:.t.VI.J.. ~ <:1-k.le ~
::2-ovtc_ Lc.:>t I~ Lac... ~olft:"" re.s; '/:-rtc f-t 0c -+-"'"'-o_N ~ C\,.,(,_V'"If"'.e.c...c t
~V\ e.. • F'u.ll' ~ d s.se s r ~ ~U-L't '--' t I ( c c..cL.t"" c:o ~· +~ -\-1 ~
~ .:P.e.u&of vt.-\.~,.... f
3. Describe energy conservation measures incorporated into
the design and/or operation of the project. ~A
J
·.
ENVIRONMENTAL IMPACT ASSESSMENT FORM
II. Environmental Impact Analysis
Answer the following questions by-placing a check in the appropriate
space.
)
Yes
1. ·could the project significantly ch~nge present land uses
in the vicinity of the activity?
2. Could the activity affect the use of a recreational
area, or area of important aesthetic value?
3. ·Could the activity affect the functioning of an
established community or neighborhood?
4. Could the activity result in the displacement of
community .residents?
5. Are any of the natural or man-made features in the activity
. area unique, that is, not ·found in other parts of the
County, State,· or nation?
6 •. Could the activity significantly affect a historical or
archaelogical site or its setting?
7• Could the activity significantly affect the potential
use, extraction, or conservation of a scarce natural res-
ource?
8. Does the activity area serve as a habitat, food source
nesting place, source of water, etc._for-rare or endangered
wildlife on fish species?
9. Could the activity significantly affect fis-h, \'lildlife or
plant 1 ife?
10. Are there any rare or endangered plant species in the
activity .area?.
11 .• Could the activity change existing features of any.of
the city's lagoons, bays, or tidelands?
12. Could the activity change existing features of any of
the City's beaches?
13. Could the activity result in the erosion or elimination
of .agricultural lands? . I
Could the activity serve to encourage development of
~resently undeveloped areas or intensify development
of already developed areas? ·
..
No
/.
/
I
/
/
j
_j_
L
_L
v-
15. Will the activity require a variance from established environmental
standards (air, water, noise, etc)? -..
16. Will the activity require certification, authorization or issuance
of a permit by any, local, State or Federal environmental control
agency?
17. Will the activity require issuance of a varianc·e or conditional
use permit by the City?
18. Will the activity involve the application, use, or disposal of
potentially hazardous materials?
19. l·lill the activity involve construction of facilities in a flood
·JJ lain?
20. Will the activity involve construction of facilities on a slope of
25 percent or greater?
21. ~lill the activity involve construction of facilities in the
area of an active fault?
22. Could the activity result in the generation of significant
amounts of noise?·
23. Could the activity result in the generation of significant
amounts of dust?
24. Will the activity involve the burning of brush, trees, or
other materials? .
. 25. Could the activity result in a significant change iri the .
quality of any portion of the region•s air or· water resources?
(Should note surface, ground water, off-shore).
26. Will there be a significant change to existing land form?
(a) · indicate estimated grading to be done in cubic yards·-!1=-r-O ... A-:-'_. _
(b) percentage of alteration to the present land form.--=-___,~ ..... J-J~~I\~-
1/ (c) maximum height of cut or fill slopes. p~/A
Will the activity result in substantial increases in the use of utilities,
sewers, drains or streets?
111. State of No Significant Environmental Effects
If you have answered yes to one or more of the questions in Section II but you
think the activity will have no significant environmental effects, indicate your
reasons below:
~ . '
/
/
/
/•
/
/
7
/
---·-~-------
)
IV: Comments or Elaborations to Any of the Questions in Section II.
(If additional space is needed for answering any questions, attach additional
sheets as may be needed.)
) \
Signature_ ~ -
(Person completing report)
Date Signed: PM& 3 7 /1'77 '
Conclusions {To be completed by the Planning Director). Place a check
in the appropriate box."
( ) Further information is required.
( ) It has been determined that the project will not have significant
environmental effects. { ) You.must submit a preliminary environmental
impact statement by the following date { ) You
should make an appointment with the Planning Director to discuss
further processing of your project, in accordance with Chapter 19.04
of the Municipal Code.
DP.TE RECEIVED:_· ------
Revised 7-/3/74
FORM PLANNING 40
BY:-="..----.---;:-;---:------Planning Director, or, }
MEMORANDUM
DATE: September 27, 1977
TO: Planning Commission
FROM: Planning Staff
RE: ZC-196
On September 20, 1977, the City Council heard ZC-196 and returned it
to the Planning Commission for further report. The request was a
City initiated change of zone from C-2 to C-T and R-P on property
situated on the southeast corner of Sunny Creek Road and La Costa.
The Planning Commission recommended the zone be changed to C-2-Q.
However the City Council has suggested that the property be rezoned
C-1-Q instead of C-2-Q.
ZC-196 was a follow-up action with GPA-48, which was a request to
change the land use from Travel Service and Office to Neighborhood
Commercial. The City Council approved GPA-48 changing the designation
of subject property to Neighborhood Commercial.
The Planning Commission felt that the C-2-Q zone is compatible with
the Neighborhood Commercial in that the C-2 zone allows all commercial
uses needed for a neighborhood zone. Also, the C-1 zone is too
restrictive since it does not allow on-sale alcohol, which the
applicant had proposed on this site. The Planning Commission felt
that the Q-Overlay Zone would give the City the appropriate mechanism
to insure proper development especially as it pertained to access and
grading.
Although the City Council concurred with the Planning Commission on
GPA-48 to allow Neighborhood Commercial at this site, they did not
find the C-2 zone as the proper for implementation. They felt
that the C-2 zone allows some uses that are not conducive to good
neighborhood shopping.
Recognizing the Planning Commission reason for the C-2 zone (to
permit on-sale alcohol), the City Council directed the Planning
Commission to consider alternative methods. Therefore, at the same
time they requested Planning Commission to consider C-1-Q, the City
Council directed the Planning Commission to consider allowing a restaurant
with alcoholic beverages by a Conditional Use Permit in the C-1 zone.
This amendment has been noticed and will be heard the same night as
this report.
Staff concurs with the City Council that the C-1 zone is the
Neighborhood Commercial Zone and therefore should be used to implement
the Land Use Category "Neighborhood Commercial". Staff acknowledges that
the C-1 zone is weak and there are doubts in its ability to implement
the General Plan. However, we anticipate changes in the C-1 zone
to better reflect the intent and purpose of Neighborhood Commercial.
Therefore we feel at this time that the City should use the C-1
to implement the Neighborhood Commercial land use and C-2 zone for
other compatible land uses such as Community Commercial.
Recommendation:
It is recommended that the Planning Commission submit this report to
the City Council agreeing that the C-1-Q is the proper zone to implement
the Neighborhood Commercial Land Use Category of the General Plan and
that ZC-196 be changed to C-1-Q.
Attachments
Staff Report dated June 22, 1977
Excerpts Planning Commission Minutes 8-24-77
Excerpts City Council Minutes 9-20-77
BP: jp
10/6/77
-2-
\
DATE:
TO:
FROM:
CASE NO:
APPLICANT:
REQUEST:
STAFF REPORT
JUNE 22, 1977
PLANNING COMMISSION
PLANNING DEPARTMENT
ZC-196
CITY OF CARLSBAD
CITY INITIATED ZONE CHANGE FROM C-2 TO CTQ AND RPQ ON
CERTAIN PARCELS LOCATED AT THE SOUTHEAST CORNER OF LA
COSTA AVENUE AND EL CAMINO REAL.
SECTION I. RECOMMENDATION
Staff recommends that ZC-196 be approved for the following reasons:
1) General Plan Consistency: The proposed zone change is consistent with
the general plan because the general plan land use map designates the
Travel Services category for this area. The change will have no
adverse effect on any element of the general plan. The zone change
is mandated by section 65860 of the government code.
2) Environment: The proposed zone change is consistent with the Carlsbad
Environmental Protection Ordinance of 1972 because a Negative
Declaration was issued for the following reasons:
a) The zone change will not effect the existing environm~nt.
b) The zone change is mandated by section 65860 of the government
code.
3) Public Facilities: The proposed zone change is consistent with
applicable City public facility polices and ordinances because the
subject change will not result in any impacts on public facility
availability.
SECTION II. BACKGROUND
1) Location and Description: The subject area is located at the south-
east corner of La Costa Avenue and El Camino Real and extends south
almost to Perenne and over 600 feet to the east. The topography is
flat at the comer then rises rapidly to the east and south (See exhibit
A & B)
2) Existing Zoning:
Subject Property:
North:
South:
East:
West:
C-2
C-2
P-C
P-C
C (County)
-1-
3) Related Cases: The City has been using rezoning to acheive general
plan consistency since adoption of the Land Use Element in 1974
(ZC-155, 156, 160, 161, 162, 167, 168, 191, 196 and 195).
4) Environmental Impact Information: A Negative Declaration was issued
for the following reasons:
1) The zone change was mandated by Section 65860 of the government
code.
2) The zone change will have no effect on the existing environment.
5) General Plan Information: The proposed zone change would bring the
zoning of this area into consistency with the general plan. The
general plan designates this area (Exhibit A & B) as Travel Service
and Professional and Related Commercial.
6) Travel Service Commercial: The general plan land use element contains
a Travel Service category, a relatively specific land use, intended
to serve tourists and the traveling public. Uses would include
travel services such as motels, hotels and restaurants.
7) Professional and Related Commercial: This general plan land use
category designates areas which are suited to office and professional
uses, including supportive related commercial uses.
8) Commercial Tourist Zone: This zone was adopted early in 1977 to ·
implement the Travel Service category of the general plan. The
purpose of this zone is to provide for the development and use of
certain types of commercial businesses near transportation centers,
recreation areas or inclose proximity to highways and freeways used
by interregional traffic.
9) Residential Professional Zone: This is an existing zone created to
prov1de areas for the development of certain low-intensity businesses
and professional offices and related uses in locations in conjunction
with or adjacent to residential areas and to provide transitional
light traffic generating commercial areas between established res-
idential areas and nearby commercial or industrial development.
10) Major Planning Considerations: Will such a zone change negatively
effect the subject or surrounding properties?
SECTION III: DISCUSSION
Please see summary sheet Exhibit "A" for discussion.
Attachments:
Stnnnary Sheet Exhibit A
Location ~1ap
Lettei from William Burnett dated 6/13/66
Letter from Bud Plender dated 6/16/77
CDG:ar
6/10/77
-2-
0
ZC-196
SUMMARY SHEET EXHIBIT "A"
DisaJSs:rON:
Section "A"
The General Plan designates area indicated as A, above as TS Travel Service. Parcels 10 & 11
are un:3eveloped at this tine. Parcel 11 has a small grassy area with a sign advertising the
La Costa development. 'lbpography at the intersection is fairly level but rises sharply to the
caSt and southeast.
If the Cormtission detennines that this section should be rezoned Ccmrercial 'lburist {Cl'), then
the (,}-Overlay Zone should be applied to this area. The overlay zone would ensure that dev-
elorr.cnt of the ~parcels would be in conjunction with one another. It would also protect
against the potential traffic problem which oould be created at the intersection of El Camino
Real an::1 La Costa Avenue.
Section "B"
The General Plan has designated Section "B" as "O" Professional and Related Comrercial. The
site is undeveloped and zoned C-2. The C-2 Zone is not oonsistent with the "0" designation
sin:e C:-2 pennits nearly all cx:mrercial uses. The proper zone is Residential-Professional {RP)
ZO:oo tc, acheive consistency with the General Plan. If the RP Zone is applied it would permit
office and related carmercial uses, but "WOuld prevent residential use because RP Zone specifi-
cally E;tates that residentail is permitted only as indicated on the General Plan. Since the
Gez~ral. Plan does not give any density for that area, residential is not permitted. The RP
Zooo wc>uld also act as a buffer between the cx:mrercial activities of Section "A" and the sur-
rcmrlirlg planned camnmity residential areas. The Q-Overlay zone should also be applied to this
area tc) provide that developrent will be carpatible with surrounding areas and to insure compli-
a»ee w:Lth the General Plan.
It is f:;taffs' recornrendation that Section "A" be rezoned from C-2 to Cl'-Q and that Section "B"
m rczc)ned from C-2 to RPQ for the reasons stated above.
~---
BURNETT DEVELOPMENT COMPANY
Planning Department
City of Carlsbad
Carlsbad, California
June 13, 1977
Re: 16.70 Acres, SEC El Camino Real
and La Costa Boulevard
Gentlemen:
RECEIVED
!1'"1 1 ' "977 ·-· •);\ ·l I
CITY OF CARLSBAD
Pia;:nin~J Department
I am directing this letter in regard to the proposed change of zone of the
referenced property from Neighborhood Commercial to Travel Service and
Professional.
I am presently involved in the purchase of this property and, having evaluated a
number of factors concerning its size, topography, configuration and location,
have determined, in my best judgment, that the property is best suited for
development which is·not entirely consistent with the proposed change of zone.
Based upon a preliminary analysis of the property as conducted by myself, my
architect and the realty firm of Coldwell Banker, I believe it would be in the best
interests of the City of Carlsbad to consider a General Plan Amendment to
designate the land use of the property as Community Commercial in lieu of
Travel Service and Professional, and in connection therewith, I am attaching with
this letter, an Application For General Plan Amendment.
I am currently in the process of preparing a preliminary plot plan of my proposed
development of the property. At this time, the development would include a
major market, drug store, restaurants, theater, an office/financial complex to
include a bank, savings and loan and professional offices, plus additional stores to
accommodate approximately 30 specialty retail and service related uses.
Because of the substantial nature of the project, the myriad of intended uses, its
location, size and relation to a residential area which is experiencing dynamic
changes, it would appear that a Community Commercial land use would be more
appropriate to meet the immediate and long term needs of the community, and
the long range objectives of the City of Carlsbad.
Pacific Mutual Building • 523 West Sixth Street • Los Angeles, California 90014 • (213) 680-9315
-2-
It is my understanding that the Planning Commission has scheduled its meeting of
June 22 to initiate the change of zone on this property to Travel Service and
Professional. If possible, I would like to request the Planning Commission to
delay any further action on the change of zone until I have the opportunity to
discuss the proposed development with you and the Planning Commission in
greater detail.
It is because I well realize the importance of this property, and the impact of its
development on the City of Carlsbad and the surrounding community, that I hope
to be able to work closely with you in developing a project which is proper and in
the best interests of all concerned.
Very truly ~ rs,
cu~-~~~~6
William F. Burnett
WFB:lw
Enc.
Jwe 16, IJ77
Mr. Willi• '· hf'H&t
lu,..tt hve10JIIIftt Co.
P.clflc Mutual IJdg.
52J W.tt Sixth Street
Los Ante lea, CA 9001 ~
a.a ,,.,.,.ty on SIC of El C•lno "•' and La Costa "~e
Dear Mr. Juraett:
In ret.ponse to your letter of June 13th, staff feels that there Is no
gwar .. t• a leftent1 Plan MeftdMeftt will M apf)roved for th It ar•. The
City will ceatln• with the .,.. chanee prouss as staff feels ZC-196
It necesury for the following rHSORtt
1. The tT aone Is conslttertt with the Travel Service cate-
gory of the General Plan which has been deslgnated for
this a,... -
2. Current zoning (C•2) Is laoonslstent with the leneral
Plan which Is contrary to Section ''86o of the GoverR-
..,.tlode.
). Curreftt .. a,.. wuld all• ca•arclal ••• to INt IJullt
Oft the aha without any 4hcretlonary acthm.
The .,,.,., of R•lt6 at this tl• M~~Uld not f"VIe out the ,...atttthy
of a ...,.., PI• "-,..•t at a 1ater Qte. One of tha a.,...t•t , ...
... fw ... t4wl"' ZC•1J6 at this tl• 11 the .,tlcatiOft of the Q•
overlay .... which wl11 provide for IAt .. ral cte¥e1.,_,.t of the area.
Yeur •••.., wfl1 " ...,. pwt of v. staff report for the June 22, tJn
.......... " ,.. ..... -,.......,. .......... , .......... , the City ••
78-1111 -.. ,., , ........ ,,....,.,,,
... ,.....,
AIIIIUM PttMI .. II,_W
••••••
.MEM)RANDUM -MAY 25, 1977
TO:
F:ooM.:
RE:
PLANNING COMMISSION
PLANNING DEPARThiENT
RESOLUI'ION OF INTENTION NOs. 151 (ZC-194, CT Zone)
154 (ZC-195, CT Zone)
155 (ZC-196, CT Zone)
RECOMMENDATION
It is recomnended that the Planning Corrmission APProVE Resolutions of Intention
No. 151, 154 & 155 to hold public hearings to consider the reclassification of certai.Tl
areas to the cr Zone.
BACKGROUND
7JC-194, 195 & 196 are City initiated 30ne change resulting from the City Council's
recent adoption of ZCA-83, a zone code amenc1rrent creating the Corrrnercial 'lb'...lrist (CT).
The new zone is intended to provide consistency be~c:;en the Zoning Ordinance and
the Land Use ElE'lrel1t of the General Plan which designates a number of locations
in the City as Travel Service. These areas will provide for certai•1 types of
ca:rrrercial businesses to service transportation centers, recreation areas or
travellers on highv;ays and freeways used by interregional traffic.
Tne General Plan designates 16 acreas as Travel Service .. Staff is requesting that
only three of these areas be considered for rezoning at this time. The areas not
considered are either in the County, less than 3 acres 1 zoned P-c, or presently
have specific plans which should be revia~ and possibly deleted before rezoning.
Please see summary sheets for discussion.
crx;:ar
Attqchrrents :
'Ihree sumnary sheets
Resolutions of Intention No. 151, 1541 155
\
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DISCUSSION:
Section "A"
,.-'\
1-'-I
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ZONE CHANGE 196
C-2 TO CTQ & C-2 TO RPQ
AS SHOWN IN SAN DIEGO COUNTY ASSESSOR
BOOK 216 PAGE 122 PARCELS 9,10,11 .
The General Plan designates area indicated as A, above as TS Travel Service.
Parcles 10 & 11 are undeveloped at this tine. Parcel 11 has a small grassy
area with a sign advertising the La Costa developrent. 'Ibpography at the inter-
section is fairly level but rises sharply to the east and southeast.
If the Commission determines that this section should be rezoned Cammercial Tburist
(cr) , then the Q-Overlay Zone should be applied to this area. The over lay zone
w:>uld ensure that develo:ptent of the two parcels would be in conjunction with one
another. It would also protect;. against the potential traffic problem which could
be created at the intersection of El camino Real and La Costa Avenue.
Section "B"
The General Plan has designated Section ~'B" as "0~' professional and related canercial.
The site is undeveloped and zoned C-2. The C-2 Zone is not consistent with the "0"
designation since C-2 permits nearly all cc:mrercial uses. The proper zone is Res-
idential-Professional (RP) Zone to acheive consistency with the General Plan. If the
RP zone is applied it would pennit office and related a::mrercial uses, but w:>uld
prevent residential use because RP zone specifically states that residential is per-
mitted only as indicated on the General Plan. Since the General Plan indicates "O"
residential is not pennitted. The RP zone would also act as a buffer between the
conmercial activities of Section "A" and the surrounding planned ccmmmity residential
areas. The Q-Overlay Zone should also be applied to this area to provide that dev-
elo:pment will be cx:mpatible with surrounding areas and to insure corrpliance with the
General Plan.
TENTATIVE RFa)MMENDATION:
It is recormended that Section "A" be rezoned fran C-2 to cr-Q and that Section "B"
be rezoned from C-2 to RPQ for the reasons stated above.
CI:G:ar
MEMORANDUM
DATE:
TO:
FP.OM:
REGARDING:
JULY 13, 1977
PLANNING COMMISSION
PLANNING DEPARTMENT
Letter from Burnett Development Co. requesting a
continuance for ZC-1'96'
The Planning Department has received a letter from William Burnett
asking for a continuance on ZC-196. The Burnett Co. is currently in-
volved in purchasing the subject property and has submitted an appli-
cation for a General Plan Amendment. It is Mr. Burnett's feeling that
the property is better suited for a community commercial development
than the proposed Travel Service & Offices uses (a copy of the letter
and the response is attached to the staff report) .
Staff feels that ZC-196 should not be continued because there is no
guarantee that a General Plan Amendment will be approved and that
ZC-196 is necessary for the following reasons:
1) Current zoning (C-2) is inconsistent with the General Plan which
is contrary to section 65860 of the Government Code.
2) Current zoning would allow commercial uses to be built on the
site without any discretionary action.
3) A zone change to CTQ would satisfy the requirements of the
government code and give the City the control needed to ensure
proper development of the site.
An alternative action the PC may wish to consider is to rezone the
site to C-2-Q. This would not satisfy the con~istency requirements
of the government code, in regulating uses, but would provide site
development review to ensure a compa~ible and cohesive development.
COG: jp
Carlsbad Journal
I
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Decreed A Legal Newspaper by the Superior Court of San Diego County
3088 PIO PICO AVENUE e P.O. BOX 248 e 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,
printed and 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, printed and published at regular
intervals in the said City of Carlsbad, County of San Diego, State of California, for a period exceeding
NOTICE OF PUBUC HEARING -
~NE CHANGE -ZC·l·
NOTICB IS HEREBY QIVJ:N lll.c lbe Plualnc CommiuiOII or tbe City or
C.rllbed will llleld a Publlr 1lariJII at lbe CltJ Cowldl Qwaben, 1.200 Elm Av-
enue, Cai'IINd. Cllllenla at T:GOPI 011 Wednesday, AUIUil 24, Ul7'7;toconsider
an appllalj• ror app-.1 fila -~ba•ll a-C-2 (Geaenl Commercial) io
C·T-Q ...,.._p.q er..,. allier-4111ermilled to be ~OIIIillellt wilb lbe General
Plan 011.........., .... ....., l«llled _. olEI Cullao Real aDd -lb o( La Colla A....,e.-u ...... •tllellltMIIelaap.
Tb-,._.willa IDe le spnt on .. Ia pnpoul are conla1ly iJlvlted to attend
tbe Publle 11eMiJ1c. lryau ~ uy CIIMIIIons. please ~all '1»1111 and ask ror tbe
Plannlnl"lltpal'llllenL
Appl~anl: CITY OF CARLSBAD
CITY OF CARLUAD PLANNING COIIIIlSSION
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$
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ZONE CHANGE 196
FROM C-2 TO
C-T-Q 8 R-P·Q
SHEET NO II OF OFFICIAL
ZONING MAP IN THE
CITY OF CARLSB/\0,
.CALIFORNIA
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 published in each regular and entire issue of
said newspaper and not in any supplement
thereof on the following dates, to-wit:
.Al:lK!.l_s:t .. ;l_Q . . . . . . . . . . . . . . . . . . . . 19 '1.7 .
................................. 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 h e l Oth
day of dJ::;;z ~
Clerk of the Printer
...
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I
-NOTICE OF PUBLIC HEARINr
ZONE CHANGE -ZC-196
NOTICE IS HEREBY GIVEN that the Planning Commission of the City
of Carlsbad will hold a Public Hearing at the City Council Chambers,
1200 Elm Avenue, Carlsbad, California at 7:00P.M. on Wednesday, August 24,
1977, to consider an application for approval of a zone change from C-2
(General Commercial) to C-2-Q or any other zone determined to be con-
sistent with the General Plan on property generally located east of El
Camino Real and south of La Costa Avenue and as shown on the attached map.
Those persons wishing to speak on this proposal are cordially
invited to attend the Public Hearing. If you have any questions, please
call 729-1181 and ask for the Planning Department.
APPLICANT: CITY OF CARLSBAD
PUBLISH: AUGUST 10, 1977 CITY OF CARLSBAD PLANNING COMMISSION
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ZONE CHANGE -ZC-196
NOTICE IS HEREBY GIVEN that the Planning Commission of the City of
Carlsbad will hold a Public Hearing at the City Council Chambers,
1200 Elm Avenue, Carlsbad, California at 7:00 P.M. on Wednesday, August 24,
1977, to consider an application for approval of a zone c·hange from C-2
(General Commercial) to C-T-Q and R-P-Q or any other zone determined to
be consistent with the General Plan on property generally located east
of El Camino Real and south of La Costa Avenue and as shown on the
attached map.
Those persons wishing to speak on this proposal are cordially
invited to attend the Public Hearing. If you.have any questions, please
call 729-1181 and ask for the Planning Department~
APPLICANT: CITY OF CARLSBAD
PUBLISH: AUGUST 10, 1977 CITY OF CARLSBAD PLANNING C0~1ISSION
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NOTICE OF PUBLIC HEARING
ZONE CHANGE -ZC-196
NOTICE IS HEREBY GIVEN that the Planning Commission of the City of
Carlsbad will hold a Public Hearing at the City Council Chambers,
1200 Elm Avenue, Carlsbad, California at 7:00P.M. on Wednesday,·August 24,
1977, to consider an application for approval of a zone change from C-2
(General Commercial) to C-T-Q and R-P-Q or any other zone determined to
be consistent with the General Plan on property generally located east
of El Camino Real and south of La Costa Avenue and as shown on the
attached map.
Those persons wishing to speak on this proposal are cordially
invited to attend the Public Hearing. If you have any questions, please
call 729-1181 and ask for the Planning Department.
APPLICANT:
PUBLISH:
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CITY OF CARLSBAD
AUGUST 10, 1977
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ZONE CHANGE 196
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SHEET NO II OF OFFICIAL
ZONING MAP IN THE
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CALIFORNIA . .
NuTICE OF PUBLIC HEARING
ZONE CHANGE -ZC-196
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NOTICE IS HEREBY GIVEN that the Planning Commission of the City of
Carlsbad will hold a Public Hearing at the City Council Chambers,
1200 Elm Avenue, Carlsbad, California at 7:00 P.M. on Wednesday, August 24,
1977, to consider an application for approval of a zone change from C-2
(General Commercial) to C-T-Q and R-P-Q or any other zone determined to
be consistent with the General Plan on property generally located east
of El Camino Real and south of La Costa Avenue and as shown on the
attached map.
Those persons wishing to speak on this proposal are cordially
invited to attend the Public Hearing. If you have any questions, please
call 729-'1181 and ask for the Planning Department.
APPI,ICANT:
PUBLISH:
...
CITY OF CARLSBAD
AUGUST 10, 1977
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CITY OF CARLSBAD PLANNING COMMISSION
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ZONE CHANGE 196
FROM C-2 TO
C-T-Q 8 R· P-Q
SHEET NO II OF OFFI-CIAL
ZONING MAP IN THE
·CITY OF CARLSBAD,
CALIFORNIA I .
·.
NOTICE OF PUBLIC HEARING
ZONE CHANGE -ZC-196
·.
·.
NOTICE IS HEREBY.~IVEN that the Planning Commission of the City of
Carlsbad will hold a Public Hearing at the City Council Chambers, 1200 Elm
Avenue, Carlsbad, California at 7:00 P.M. on Wednesday, June 22, 1977, to
consider an application for approval of a zone change from C-2 (General
Commercial} to CT-Q (Commercial Tourist with "Q" Overlay} and C-2 to
R-P-Q (Residential-Professional with a "Q" Overlay} on property generally
located east of El Camino Real and south of La Costa Avenue and as
shown on the attached map.
Those persons wishing to speak on this proposal are cordially invited
to attend the Public Hearing. If you have any questions, please call 729-1181
and ask for the Planning Department.
APPLICANT:
PUBLISH:
CITY OF CARLSBAD
JUNE 8, 1977
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CITY OF CARLSBA~PLANNING COMMISSION
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ZONE CHANGE 196
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SHEET NO II OF OFFICIAL
ZONING MAP IN THE
·ciTY OF CARLSBAD,
CALIFORNIA
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~OTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN tha lanning Co mission of the City of
Carlsbad will hold a Public Hearing at the City uncil Chambers,
1200 Elm Avenue, Carlsbad, California at 7:00 P . on Wednesday, August 10,
1977, to consider an application for approval f a zone change from C-2
(General Commercial) to C-T-Q and R-P-Q or a other zone determined to
be consistent with the General Plan on prop ty generally located east
of El Camino Real and south of La Costa Av nue and as shown on the
attached map.
Those persons wishing to speak this proposal are cordially
invited to attend the Public Hearing. If you have any questions, please
call 729-1181 and ask for the Planni g Department.
APPLICANT: CITY OF CARLSBAD
PUBLISH: JULY 27, 1977
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ZONE CHANGE 196
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SHEET NO II OF OFFICIAL
ZONING MAP IN THE
CITY OF CARLSBAD,
F CALIFORNIA
Carlsbad Journal
Decreed A Legal Newspaper by the Superior Court of San Diego County
3088 PIO PICO AVENUE e P.O. BOX 248 e CARLSBAD, CA 92008 e 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,
printed and 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 , printed and published at regular
intervals in the said City of Carlsbad, County of San Diego, State of California, for a period exceeding
NOTICE OF PUBLI ZONE CHANGE
NOTICE IS HEREBY GIVEN that tbf. Plannlnl Commlulon of the City of
C1rl1bad will hold a Public HUI'Inl at the City Council Chambtn, 1ll00 Elm Av·
enue, C1rl1bld, California at '1:00 P.M. on Wtdnaday, June 22, 18'7'7,,to coftllder an
application lbr approval or a aont chanlt from C·l (Gtlltral Colllllltrclall to CI'·Q
(Commercial TeuriJtwllh a ''Q" OVerlay) and C·2 to R·P-Q (Relldtntlai·Pro~Nional
with a ''Q" OVerlay) on property pntrally located tall oflltCamlno Real and lOUth
of La Colla Avtnut and a1 1hown on the attached map. Thole ptriOftl wllhlnt to IPtak on thll propo1alare cordially Invited to attend
the Public Htarln' tryou havt any queltiOftl, pltan call ?»1181 and alk for the
Plannlnl Department.
Applicant CITY OF CARLSBAD CITY OF CARLSBAD PLANNING COMMISSION
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ZONE CHANGE 196
FROM C-2 TO
C-T-0 8 R-P·Q
SHEET NO II OF OFFICIAL
ZONING MAP IN THE
CITY OF CARLSBAD,
·. CALIFORNIA
Zone Chance 1118f'rom C-2toC-T·Qio R·P-Q,Sheet No.ll ofOfficiaiZonlngMap in the
City ofCarl1bad, California.
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 published in each regular and entire issue of
said newspaper and not in any supplement
thereof on the following dates, to-wit:
June .. a . . . . . . . . . . . . . . . . . . . . . . . . 19 . 77.
................................. 19 ....
................................. 19 ....
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 ....
................................. 19 ....
I certify under penalty of perjury that the foregoing is true
and correct. Executed at Carlsbadj_ County of San Diego,
State of California on --'t ..... h.......,._e__..8"-'L ... h....__ _____ =c=--
day of June 1977
~o.Z .. ,&Ai2?wvz L
Clerk of the Printer
1200 ELM AVENUE
CARLSBAD, CALIFORNIA 92008
Dear Property Owner:
<!itp of <!arlsbab
June 8, 1977
TELEPHONE:
(714) 729-1181
Your property is located in the area of the proposed zone change.
If such a change is adopted, the effect would be a limitation
in the number of uses that could be utilized on your property.
If you have any questions, please feel free to call the City
of Carlsbad at 729-1181 and ask for the Planning Department.
Thank you,
/. ~--.... _ /':~ / (fl / 0~4tf.??J IJ.
Charles D. Grimm
Junior Planner
NOTICE OF PUBLIC HEARING
ZONE CHANGE -ZC-196
NOTICE IS HEREBY GIVEN that the Planning Commission of the City of
Carlsbad will hold a Public Hearing at the City Council Chambers, 1200 Elm
Avenue, Carlsbad, California at 7:00P.M. on Wednesday, June 22, 1977, to
consider an application for approval of a zone change from C-2 (General
Commercial) to CT-Q (Commercial Tourist with "Q" Overlay) and C-2 to
R-P-Q (Residential-Professional with a "Q" Overlay) on property generally
located east of El Camino Real and south of La Costa Avenue and as
shown on the attached map.
Those persons wishing to speak on this proposal are cordially invited
to attend the Public Hearing. If you have any questions, please call 729-1181
and ask for the Planning Department.
APPLICANT:
PUBLISH:
CITY OF CARLSBAD
JUNE 8, 1977
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ZONE CHANGE 196
FROM C-2 TO
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SHEET NO II OF OFFICIAL
ZONING MAP IN THE
CITY OF CARLSBAD,
CALIFORNIA
I i
LAW OFFICCS OF
, DAUBNEY A.ND BAI"'ICHE
":ILLIAM H. DAUBNE'I'
NICHOLAS C. BANCt<E
Ci;ARENCE H. SCHlEHUBER
,_.
A PROFE~SIONAL CORPOR:ATION
702 FOURTH STREET
POST OFFICE BOX 390
OCEANSIDE, CALIFORNIA 92054
Planning Director
City of Carlsbad
1200 Elm Avenue
lTuly 14, 19 77
Carlsbad, California 92008
RE: ZC-196
Dear Sir:
AREA CODE: 714
TELEPHONE 722-1881
As a follow up to last night's Planning Commission
hearing at which the above referenced matter was
continued,· indefinitely, please accept the following
letter as a formal request that you reconsider your
~ssessment of the appropriate zone for the real pro-
perty involved in the abov~ referenced proceedings.
lvhile I did not choose -to take a great deal of time
last night given the fact that the matter would
eventually be heard again, I nevertheless want to
establish in behalf of the owner of the proper-ty that the
C-T zone is entirely too restrictive for the property
involved.
Please consider the fact that it is extremely
unlikely that anyone would choose to build a ~hotel,
motel, or restaurant", directly across the street from
LaCosta and in direct competition with not only the
LaCosta complex, but also LaCosta's shopping center
and restaurant.
I look forward to working with you concerning this
matter and I am sure we can reach an agreement that
will be acceptable and beneficial to all concerned.
Sincerely,
y _, c ./~------. '/]~ , ...
NI HO~~-c: BANCBE ~-
NCB: jp
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LAW OFFICES OF
C-~/1-L/J
:2-c-!f£
WILLIAM H. OAUBNEY
NICHOLAS C. BANCHE
CLAR£NCE H. SCHl.EI-tUUCR
Planning Director
City of Carlsbad
1200 Elm Avenue
DAUBNEY AND BANCHE
A PROFf-:SSIONAL COr-lPORI\TION
702 FOUr'<TH STHE:ET
POST OFFICE: BOX 390
OCEANSIDE. CALIFORNIA !32054
July 14, 1977
Carlsbad, C2lifornia 92008
RE: ZC-196
Dear Sir:
Please list me as a person to whom notice
should be delivered in the event of any further
activities with regard to the Cohen parcel.
Sincerely,
~ c. Z=:::> __
C. BANCHE -----.__
NCB: jp
AREA COOt:: 714
TELCPHONt. 7L--..2-1Ct-_,l
LAW OFFICES OF
DAUBNEY. BANCHE AND PATTERSON
WILLIAM H. DAUBNEY
NICHOLAS C. SANCHE.
.JOHN E. PATTERSON
A PROFESSIONAL CORPORATION
702 FOURTH STREET
POST OFFICE SOX 390
JAMES A. TESTA OCEANSIDE. CALIFORNIA 92054
Planning Director
City of Carlsbad
1200 Elm Avenue
June 27, 1977
Carlsbad, California 92008
RE: ZC-196
Dear Sir:
AREA CODE 714
TELEPHONE 722-1881
The undersigned represents Wilfred P. Cohen, owner
of the property effected by the above referenced pro-
ceeding.
In his behalf, I would ask that you delay the pro-
ceedings pending hearings on the application filed by
one William F. Burnett.
The reason for this request is that Mr. Burnett's
application seeks a general plan amendment and appro-
priate zoning for the development of a neighborhood
commercial center.
Should action be taken consistent with the current
proceedings, Mr. Burnett's development plan would be
inappropriate.
In considering my request, please also consider the
narrow nature of the CTQ designation and the questionability
of providing some 9 acres of RPQ at the site.
I would also ask that you consider that nothing would
be lost to the City by this delay and as a matter of fact,
there might even be a gain considering the time savings
factor involved.
I would respectfully ask that you make a copy of this
letter available to the Commissioners prior to the next
Planning Director
City of Carlsbad
June 27, 1977
Page Two
regularly scheduled meeting concerning this matter.
NCB: jp
Sincerely,
01_~ c /"5.~------. N~HOLAS c. BANCHE
MEMORANDUM
DATE:
TO:
FROM:
REGARDING:
JULY 13, 1977
PLANNING COMMISSION
PLANNING DEPARTMENT
Letter from Burnett Development Co. requesting a
continuance for ZC-196
The Planning Department has received a letter from William Burnett
asking for a continuance on ZC-196. The Burnett Co. is currently in-
volved in purchasing the subject property and has submitted an appli-
cation for a General Plan Amendment. It is Mr. Burnett's feeling that
the property is better suited for a community commercial development
than the proposed Travel Service & Offices uses (a copy of the letter
and the response is attached to the staff report) .
Staff feels that ZC-196 should not be continued because there is no
guarantee that a General Plan Amendment will be approved and that
ZC-196 is necessary for the following reasons:
1) Current zoning (C-2) is inconsistent with the General Plan which
is contrary to section 65860 of the Government Code.
2) Current zoning would allow commercial uses to be built on the
site without any discretionary action.
3) A zone change to CTQ would satisfy the requirements of the
government code and give the City the control needed to ensure
proper development of the site.
An alternative action the PC may wish to consider is to rezone the
site to C-2-Q. This would not satisfy the con$~stency requirements
of the government code, in regulating uses, but would provide site
development review to ensure a compatible and cohesive development.
CDG: jp
LAW OFFICES OF
DAUBNEY AND SANCHE
WILLIAM H. DAUBNEY
NICHOLAS C. SANCHE
CLAFOENCE H. SCHLEHUBER
A F='ROFESS10NAL CORPORATION
702 FOURTH STREET
POST OFFICE BOX 390
OCEANSIDE. CALIFORNIA 92054
Planning Director
City of Carlsbad
1200 Elm Avenue
July 14, 1977
Carlsbad, California 92008
RE: ZC-196
Dear Sir:
AFOEA CODE 714
TELEPHONE 722-1881
As a follow up to last night's Planning Commission
hearing at which the above referenced matter was
continued, indefinitely, please accept the following
letter as a formal request that you reconsider your
assessment of the appropriate zone for the real pro-
perty involved in the above referenced proceedings.
While I did not choose to take a great deal of time
last night given the fact that the matter would
eventually be heard again, I nevertheless want to
establish in behalf of the owner of the property that the
C-T zone is entirely too restrictive for the property
involved.
Please consider the fact that it is extremely
unlikely that anyone would choose to build a "hotel,
motel, or restaurant", directly across the street from
LaCosta and in direct competition with not only the
LaCosta complex, but also LaCosta's shopping center
and restaurant.
I look forward to working with you concerning this
matter and I am sure we can reach an agreement that
will be acceptable and beneficial to all concerned.
Sincerely,
p:]___ C-_/~--
NICHor.:ASC: BANCHE ~
NCB: jp
WILLIAM H. DAUBNEY
NICHOLAS C. SANCHE
CLARENCE H. SCHLEHUBER
Planning Director
City of Carlsbad
1200 Elm Avenue
LAW OFFICES OF
DAUBNEY AND SANCHE
A PROFESSIONAL CORPORATION
702 FOURTH STREET
POST OFFICE BOX 390
OCEANSIDE. CALIFORNIA 92054
July 14, 1977
Carlsbad, California 92008
RE: ZC-196
Dear Sir:
Please list me as a person to whom notice
should be delivered in the event of any further
activities with regard to the Cohen parcel.
Sincerely,
BANCHE
NCB: jp
AREA CODE 714
TELEPHONE 722-1881
LAW OFFICES OF
DAUBNEY. BANCHE AND PATTERSON
WILLIAM H. DAUBNEY
NICHOLAS C. B.':<NCHE
.JOHN E. PATTERSON
A PROFESSIONAL. CORPORATION
702 F"OURTH STREET
· POST OF"F"ICE BOX 390
.JAMES A. TESTA OCEANSIDE. CALIFORNIA 92054
Planning Director
City of Carlsbad
1200 Elm Avenue
June 27n, 1977
Carlsbad, California 92008
RE: ZC-196
Dear Sir:
AREA CODE 714
TELEF'HON E 722-IBBI
The undersigned represents Wilfred P. Cohen, owner
of the property effected by the above referenced pro-
ceeding.
In his behalf, I would ask that you delay the pro-
ceedings pending hearings on the application filed by
one William F. Burnett.
The reason for this request is that Mr. Burnett's
application seeks a general plan amendment and appro-
priate zoning for the development of a neighborhood
commercial center.
Should action be taken consistent with the current
proceedings, Mr. Burnett's deveiopment plan would be
inappropriate.
In considering my request, please also consider the
narrow nature of the CTQ designation and the questionability
of providing some 9 acres of RPQ at the site.
I would also ask that you consider that nothing would
be lost to the City by this delay and as a matter of fact,
there might even be a gain considering the time savings
factor involved.
I would respectfully ask that you make a copy of this
letter available to the Commissioners prior to the next
Planning Director
City of Carlsbad
June 27, 1977
Page Two
regularly scheduled meeting •concerning this matter.
Sincerely,
52~--c /....z_? ____ _
N~HOLAS c. BANCHE
NCB: jp
1200 ELM AVENUE
CARLSBAD, CALIFORNIA 92008
June 16, 1977
Mr. William F. Burnett
Burnett Development Co.
Pacific Mutual Bldg.
523 West Sixth Street
Los Angeles, CA 90014
C!Citp of QCarlsbab
Re: Property on SEC of El Camino Real and La Costa Avenue
Dear Mr. Burnett:
TELEPHONE:
(714) 729-1181
In response to your letter of June 13th, staff feels that there is no
guarantee a General Plan Amendment will be approved for this ase
·City will continue with 'the zone change process as staff feels ZC-196.
is necessary for the following reasons:
1. The CT zone is consistent with the Travel Service cate-
gory of the General Plan which has been designated for
· this area.
2 •. Current zoning (C-2) is inc~nsistent with the General
Plan which is contrary to Section 65860 of the Govern-
ment Code.
3. Current zoning would al~ow commercial uses to be.built
on the site without any discretionary action.
The approval of ZC-196 at this time would not rule out the possibility
of .a General Plan Amendment at a later date. One of the important rea-
sons for considering ZC-196 at this time is the application of the Q-
ove.rlay zone which will provide for integral development of the area.
Your letter will be made part of the staff report for the June 22, 1977
hearing. If you have any further questions, please contact the City at
729-1181 and ask for Planning.
Bud Plender
Assistant Planning Director
BP:CDG:ar
Recei !\ 0. -----·
j'l . . APPLICATION NO. ZONE CHANGE . \~ ~
CITY OF CARLSBAD
(Please Type or Print)
1. REQUEST: Zo.ne Change from the present existing(-~
zone(s) to the c._TQ <L QfQ zone(s)
2. LOCATION: The subject property is generally located on the
( ~ f' VUl tf' , r<~ () \
S' o l.A + l, eel ~ t ~ 0 f ~ ( C Q """' I V\ 0 B e:t li ee II a 11 &
~ Ld {!c;>c..to l'l v cc.
3. ASSESSOR'S NUMBER: Book ----Page ____ _ Parcel ---
Book ---Page Parcel ----
4. PROPERTY OWNER'S SIGNATURE ADDRESS CITY ZIP PHONE
5. APPLICANTS SIGNATURE:
I hereby declare that all information contained within this
application is true.
________ N~a~m~e~------~Address City Zip Phone
a;~n~
Representing· (Company or Corporation)
c· l +-'J 'i c<Yll ~ ~~&
Relationship to Property Owner(s)
6. Is this request consistent with the General Plan and applicable
Specific Plans?~~e~s ________________________________ _
Please note: As per Section 21.520.30 of the City Code, the
Planning Director must find that this request is consistent
with the General Plan or applicable Specific Plans, or the
application shall not be accepted. This determination may
be appealed to the Planning Commission and City Council.
The City of Carlsbad Planning Department would appreciate the oppor-
tunity to work with the applicant throughout the Planning Stages of
the proposed development. In an effort to aid the applicant, the
Planning Department requests that it be given an opportunity to
evaluate ahd discuss the application and plans prior to submittal.
This request is ~ot a requirement; however, it may avoid major te-
. drafting or revision of the plan which only serves to lengthen the
processing time.
ATTACHMENTS:
Supplemental Information Form-Planning 21
Preparation Check list-Planning 30-(2)
Procedures-Planning 36
FORM Planning 3-(2) Date of Planning Commission Approval ____ _
I
~
l
SUPPLEMENTAL INFORMATION FORM
CHANGE OF ZONE
1) Gross Acres (or square footage if less than acre) -------
2) Present Zone C ";;l. Proposed Zone CTQ f gPQ
3 ) Genera 1 P 1 an Land Use Des i gnat i on \' az.. ueJ 'Se r u 1 ~ e. E(
c:£ec:.e
4) Source of Water Supply O\tue 0 '-'~'~ M 4 t0t~.ilsrf G...}qf<( Drs+,
5) Method of Sewage Disposal is L-.e_~t-4,Q,·a. CourJf:..; Wce.±=-etc Q,_dvrci-
6) Types of Protective Covenants to be Recorded __________ _
7) Transportation Modes Available to Service the Development __ __
Au..A-o -Tu~(/\.. ~, t Qy, ~
8 ) S c h o o 1 D i s t r i c t S e r v i n g t h e P r o p e r t y S ~ V\ ..D £ ~ u., +-<;::)
9 ) A r e S c h o o 1 F a c i 1 i t i e s C a p a b 1 e o f S e r v i n g t h i s P r o j e c t j ~ -~
(lmportant-~ritten confirmation of this requirement must be sub-
mitted prior to Planning Commission hearings or request may be
continued or denied).
10) This Application for a Change of Zone is supported by the
Following Reasons:
FO!H1
a) Such a Zone Chage is warranted because 1+-tS Wta.nJ<l.'\::oe::l
~ -1kg ~· C.C~P
b) Such a Zone Change will be in the interest of furtherance
c)
d)
e)
of P u b 1 i c W e l f a r e b e c a u s e 2. oV! P't ~ CQu cSl -{.. L.,q ~ ~ ti\..P tf' (
Pfur'\ w,{( l.oe. c.._ocv\'r$'ie«f=
The permitted uses in this proposed reclassification will
not be detrimental in any way to surrounding properti~s
because -ttw, V!ee,J ?-oc..e '--<.-Jtf{ -Le,. (M.ctCe cs:::.s::irq:..frJ-e
ftta (= ;fbtz //Ye.UcCLt'\' Ot-15:? I
The property in this application is more suitable for the
proposed zone than the existing zone because ~~i£ ev~t~o0 Y'e/ttt·J~ ~ VJ,p.f{(c f)alfe£#1. S (J?//IJ... in o& ~IY' y~e~ e:c&V<f-1e .f~ • '> ty/r (J)!!!. ZQA uy
What were the original deed restriction, if any, concerning
the type and class 9f permitterl uses on the subject property?
(Give expiration date of these restrictions). ________ __
.. C l <Hln_in ~1 ? 1 nat(' of rli1t11lillq Commisc;ion /\pprovnl_
.
~ \
PREPARATION CHECK LIST
GENERAL PLAN AMENDMENT/ZONE CHANGE
DOCUMENTS REQUIRED FOR SUBMITTAL:
)
1) Application with supplemental information sheet completed •
...
2) Environmental Impact Statement or Report with Fees (if required).
3) FEE: $100.00 plus $5.00 per ~ot.-
4) 300 Foot Radius Map -A map to scale not less than 1"=200'
. showing each lot within 300 feet of the exterior boundaries of .
the subject property, and each lot within 300 feet of the
exterior boundaries of the subject property shall be
. . . consecutively numbered to correspond with the property owner's
list.
5) Property Owner's list -A typewritten list showing the number
of each lot within 300', followed by the Owner's name and
.address. This list must be accurate and taken from the
latest equalized assessment roll on file in the office of the
Assessor of San Dieg9,'J600 Pacific Highway, Room 103,
San Diego, California 236-3771
..
FORM Planni~...:.:.1~o_· ___ _
1 )
2)
3)
4)
5)
6)
7)
PROCEDURES
Application to Planning ~ommission: In an effort to aid the
applicant~ the Planning Department requests that it be given
an opportunity to evaluate and discuss the application in its
various stages of development prior to submitDal. It is more
effective if applicant meets directly with staff; however,
written or telephone communic.:\tion is acceptable. It is the
responsibility of the applicant to make the initial contact
for such meeting.
Submittal: Application will be accepted only if the applica-
tion, plans and other pertinent materials are complete.
GenerallY, the date application will be heard will be deter-
mined by the submittal date as indicated within the approved
Planning Commission calendar.
flanning__~_()_~nmission Calendar: The Planning Commission adopts
an annual calendar that indicates application closing dates,
staff review dates, staff report completion dates, and Plan-
ning Commission hearing dates. You may acquire this calendar
at the Planning Commission Department.
Staff Review: On the date as indicated on the Planning Commission
Calendar, City Staff conducts a review meeting on all items on
the Planning Commission agenda. The applicant is invited to
attend and to explain the project and respond to staff preliminary
recommendations. Upon comp 1 et ion of this rev i e\'i, Staff wi 11 pre-
pare final staff recommendations to be sumbitted to the Planning
Commission. The final report with recommendations will be
available at the Planning Department five days prior to the
Planning Commission hearing (Friday afternoon prior to the
Planning Commission meeting date).
Hearing: The Planning Commission meets every 2nd and 4th
Wednesday of the month at 7:30 p.m. or as indicated on the
Planning Commission calendar. Depending on the type of appli-
cation, the Planning Commissi.on will either make a finding
and forward to City Council or make final action.
Appeals: Final action by Planning Commission may be appealed
to the City Council, provided such appeal is filed within ten
{10) days after the Planning Commission action. The applicant
should review with staff the procedure on the various types of
applications.
Final Decision: The City will notify the applicant and property
owner of the final decision.
FOI~t·~: l~}i1nnin_8_}_~_ DatP of r1;1nning Commission Arproval ____ 1_(_8_/?_'L.
• ~ \