HomeMy WebLinkAbout2015-06-17; Planning Commission; ; ZC 15-01|LCPA 15-01 - HENKINS ZONE CHANGE
The City of Carlsbad Planning Division
A REPORT TO THE PLANNING COMMISSION
Item No.
Application complete date: May 6, 2015
P.C. AGENDA OF: June 17, 2015 Project Planner: Carl Stiehl
Project Engineer: Steve Bobbett
SUBJECT: ZC 15-01/LCPA 15-01 – HENKINS ZONE CHANGE – A request for a determination, per
CEQA Section 15183, that the project is consistent with the General Plan, for which an EIR
was previously certified, and no further environmental review is necessary and a
recommendation of approval of a Zone Change and Local Coastal Program Amendment
to amend the Zoning Map to be consistent with the General Plan land use designation on
property located at 438 Tamarack Ave.
I. RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolution No. 7107 RECOMMENDING
APPROVAL of Zone Change (ZC 15-01), Local Coastal Program Amendment (LCPA 15-01), based on the
findings and subject to the conditions contained therein.
II. PROJECT DESCRIPTION AND BACKGROUND
This project is a requested zone change on one parcel (APN 204-280-23; 438 Tamarack Ave.) to change
the zone from R-1 (One Family Residential) to RD-M (Residential Density Multiple); the purpose of the
proposed zone change is to implement the existing General Plan land use designation, which is RMH
(Residential Medium High Density; 8-15 du/ac). The RMH land use designation has applied to the property
since at least 1990. The property contains two existing dwelling units. Access to the site is provided by
two driveways from Tamarack Avenue. No development is proposed as part of the zone change
application.
Table 1 below includes the General Plan designations, zoning and current land uses of the project site and
surrounding properties.
TABLE 1
Location General Plan
Designation Zoning Current Land Use
Site RMH – Medium-High
Density (8-15 du/ac)
R-1 – One Family Res. (Existing)
RD-M – Res. Density-Multi.
(Proposed)
Two Dwellings
North RMH – Medium-High
Density (8-15 du/ac) RD-M – Res. Density-Multi. Condominiums
South RLM – Low-Medium
Density (0-4 du/ac) R-1 – One Family Res. Tamarack Ave/Single
Family Dwellings
East RMH – Medium-High
Density (8-15 du/ac)
RD-M – Res. Density-Multi.
(west of Hibiscus Cr.)
R-1 – One Family Res.
(east of Hibiscus Cr.)
Condominium common
area
(west of Hibiscus Cr.)
Single Family Dwellings
(east of Hibiscus Cr.)
West RMH – Medium-High
Density (8-15 du/ac) RD-M – Res. Density-Multi. Condominiums/Railroad
1
ZC 15-01/LCPA 15-01 – HENKINS ZONE CHANGE
June 17, 2015
Page 2
Table 2 below includes the project site’s gross and net acreage, the number of dwelling units allowed by
the General Plan’s Growth Management Control Point (GMCP) density. The zone change does not change
the number of dwellings permitted on the site per the General Plan land use designation (RMH), which is
not proposed to be changed. No development is proposed.
TABLE 2
Gross Acres Net Acres DUs Allowed at RMH GMCP Density
(11.5 du/ac)
DUs Proposed and
Project Density
0.38 0.38 4 N/A
The existing R-1 zone does not permit the development of four dwellings on a single parcel; therefore the
R-1 zone does not implement the existing RMH land use designation. The proposed RD-M zone will enable
implementation of the RMH density. The zone change on the property (from R-1 to RD-M) is also
proposed as part of the current General Plan update to ensure consistency between the General Plan land
use designation and zoning; however the property owner has requested to process the zone change
separate from the General Plan update to minimize the time it will take to process a LCP amendment with
the Coastal Commission. The city’s approval of the LCP amendment will not be effective until it is
approved by the Coastal Commission. Should this zone change be approved before the General Plan
update, the General Plan will be revised, if necessary, to adequately reflect this zone change.
III. ANALYSIS
The existing RMH Residential Medium-High General Plan land use classification is for areas intended to be
developed with two-family dwellings and multiple-family dwellings at a density of between 8 to 15
dwelling units per acre. The existing R-1 One-Family Residential zone is inconsistent with the RMH land
use designation, which allows four dwellings on the site per the GMCP density; the R-1 zone is intended
for single-family development and the zone does not allow for more than one dwelling per lot. Typical
zones that implement the RMH land use designation are the R-3 Multiple-Family Residential and RD-M
Residential Density-Multiple zones. The site is directly adjacent to an existing condominium development
that is zoned RD-M. Therefore, the zone most consistent with the surrounding neighborhood and the
General Plan is RD-M. The RD-M zone allows for one-family, two-family and multiple-family dwellings,
which will enable implementation of the RMH General Plan land use designation.
The property is located in the Coastal Zone within the Mello II segment of the Local Coastal Program (LCP).
The existing LCP land use designation is RMH (consistent with the General Plan land use designation); the
proposed LCP amendment (to change the LCP zone from R-1 to RD-M) will ensure consistency with the
LCP land use designation and with the city’s Zoning Ordinance, which is the implementing ordinance for
the LCP.
The proposed project is located within Local Facilities Management Zone 1 in the northwest quadrant of
the City. The impacts on public facilities created by the project, and its compliance with the adopted
performance standards are consistent with the city’s Growth Management Program. If the property is
developed after the zone change, the land use designation and zone are in compliance with the dwelling
units provided for in the northwest quadrant of the city. Therefore, the zone change does not create a
situation where additional units than those accounted for in the Growth Management Program or the
General Plan would occur. The zone change is also supported by General Plan Land Use Element (Overall
Land Use Pattern) Implementing Policy C.16, which requires the Zoning Ordinance and map to be
amended to be consistent with the General Plan Land Use Map.
ZC 15-01/LCPA 15-01 – HENKINS ZONE CHANGE
June 17, 2015
Page 3
IV. ENVIRONMENTAL REVIEW
Pursuant to the California Environmental Quality Act (CEQA) staff conducted an environmental
assessment of the proposed zone change to determine potential impacts on the environment. The zone
change is located on a property that was designated with the General Plan RMH land use designation
when the city’s General Plan was adopted in 1994. The potential environmental effects of land uses
allowed per the RMH land use designation were adequately analyzed by the previously certified EIR for
the City of Carlsbad General Plan Update, March 1994, EIR 93-01. Pursuant to CEQA Section 15183, no
further environmental analysis is required for projects that are found to be consistent with a General Plan
for which an EIR has been previously certified. The attached Planning Commission resolution includes
findings of prior compliance with EIR 93-01, pursuant to CEQA Section 15183. A Notice of Determination
will be filed should the City Council adopt the findings of prior compliance with EIR 93-01 and approve the
proposed zone change.
ATTACHMENTS:
1. Planning Commission Resolution No. 7107 (ZC 15-01/LCPA 15-01)
2. Location Map
3. Disclosure Statement
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ZC 15-01 / LCPA 15-01Henkins Zone Change
SITE MAP
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. (Cityof
Carlsbad
DISCLOSURE STATEMENT
P-1(A)
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
Applicant's statement or disclosure of certain ownership interests on all applications which will
require discretionary action on the part of the City Council or any appointed Board, Commission
or Committee.
The following information MUST be disclosed at the time of application submittal. Your project
cannot be reviewed until this information is completed. Please print.
Note:
Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal
organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county,
city municipality, district or other political subdivision or any other group or combination acting as a unit."
Agents may sign this document; however, the legal name and entity of the applicant and property owner
must be provided below.
1. APPLICANT (Not the applicant's agent)
Provide the COMPLETE. LEGAL names and addresses of ALL persons having a
financial interest in the application. If the applicant includes a corporation or partnership,
include the names, titles, addresses of all individuals owning more than 10% of the
shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE
INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned
corporation, include the names, titles, and addresses of the corporate officers. (A
separate page may be attached if necessary.)
Person Anthony Henkins Corp/Part. ____ _,_ ______ _
Title Owner Title _____ -+-------
Address438 Tamarack Avenue Address. _____ .,...... ______ _
2. OWNER (Not the owner's agent)
P-1(A)
Provide the COMPLETE. LEGAL names and addresses of ALL persons having any
ownership interest in the property involved. Also, provide the nature of the legal
ownership (i.e., partnership, tenants in common, non-profit, corporation, etc.). If the
ownership includes a corporation or partnership. include the names, titles, addresses of
all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE
THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE
SPACE BELOW. If a publicly-owned corporation, include the names, titles, and
addresses of the corporate officers. (A separate page may be attached if necessary.)
Person SAME AS APPLICANT Corp/Part. __________ _
Title ___________ _ Title. _____________ _
Address _________ _ Address. ____________ _
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