HomeMy WebLinkAbout1972-02-29; City Council; 668; REQUEST FOR RECLASSIFICATION IN ZONE FROM R-3 TO C-2 (GENERAL COMMERCIAL) AND ADOPTION OF A SPECIFIC PLAN; APPLICANTS: CARLSBAD INVESTMENT CORPc a W -I -
Agenda Bill NQ. Date: February 29, 1972 '
*Referred TO: City-Council . .. ..
Subject: Request for Rec.lassification in Zone from Subsii tted BY:. R-3 'to C-2 (General Commercial) ,aJd Adoption'of .a Specif.ic Plan; Applicants: Carlsbad Investment Corp. . P 1 ann i ng Comm i s s i c
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-. . Sta tenent of the xz tter
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These matters were all heard and considered at.the regular meeting of the Ca.rlsbad City Planning Commission on ,February 8, 1972. The. commission u-nanimously approved the applicants', request for change
complete th-is app1,j'cation for your further revfew and hearing. * of zone and adoption of a specific plan. The documents' itemized below
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Exhibit
2 - Department Sketch 3. 1. R.esolution-,No; 761, announcing findings ..and decis.i*ons 4 - Sta.ff's report dated February 8, 1972 5 - Applicant's exhibit t- - 6 i Resolution No. 1956 7 - Ordinance No. 9294 '8 - Ordinance No. 9295
Staff recommend-ations, as more completely ou'tline'd in'referenced staff report, suggest th-at t6e subject zone chamge and specifi'c plan be adopted.
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Staff Pecornnendations
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AB No. Date:
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City Manager‘s Recornmenda tion
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Council’ Action -.
* 3-7-72 T.he request for reclassification in zone and the specific plan were approv,ed and Resolution #1’.956 was adopted; A first reading was given Ord. #9294, adopting the specific plan,..and Ord. #9295,
reclassifjing certa.in property from Zone R-3 to Zone C-2.
and the adoption. . 3-21-72 - A- second re.ading was given Ord’l’nance #9294 and Ordinance #9295, .
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La 94 I.?&-&
EZ&TIoNs TO APPLICAN. APPL &ION FOR CHjlNGE OF
b c*xc &u;s 2lc2.C=c==ncL3 it
1. CompieLz Parts A,B,C,D and E. Submitted to the Carlsbad
2. Filing Fee $100.00 plus $5.00 for each Planning Commission additional lot or parcel. Date Received 1-17- 7;
3. Make check payable to City of Carlsbad. Date of Hearing 3 -6'- ;
4. Information to be type written.
GElJERAL INFOWATION PART A------------------------
Name of Applicant Carlsbad Investment Corporation Telephone 729-4901
Applicant's Mailing Address Po 0. Box275
Location of Property by Street Between Pi0 Pic0 and Oak Avenue, formerly
Oak Avenue.
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PART B------------------- LEGAL DESCRIPTION OF PROPERTY
Attach to this application one copy of a complete legal description of . property for which a change of zone is requested.
PART C------------------------------- REQUEST
Change of Zone from R-3 to c-2
MAP PART D---------------------------------
A.O (AND A SEPIA) Attach to this application- COPIES of a map prepared by a registered
engineer, architect or licensed land surveyor which shows the exact boui dimensions and bearing of each line of the property for which a reclass. is requested; names and widths of bordering streets; location and width alleys and/or easements.
PART E------------------------ FPPLICAST ' S STATEMENT (Attach separate sheet if area for statement is not sufficieni
Is there a real I in the community for more of the types of uses permitted by the Zone
The available C -2 property in the downtown area is scarce indeed, especially wher considers this competitive use such as a restuarant.
2. Is the property involved in the proposed reclassification more suital .the purposes permitted in the proposed zone than for the purposes pel in the present classification? . It is considered by the applicant that the prc in question is a part of a freeway intersection. This together with its' proximity t
City Hall Complex makes this property highly desirable for the use contained in th
application.
1. Does public necessity require the proposed change?
requested than can be accormoGated in the areas already zoned for su(
by the proposed zone b etrimental in any
to surrounding properr. In the attached plan we are Q roposing adequate fenc
and landscaping to protect the residential neighborhood to the East and Soathe Fur
the adjoining properties are presently being considered for density zoningp It is 01 intent to be a compatible neighbor in this transitional period.
4. What were the original Zeed restrictions, if any, concerning the typ class of uses permitted on the property involved? Give the expirati of these restrictions.
7 9 "3- Would the uses perrt-iit
None o
The following spaces are for signatures of owners whose properties lie
radius of 30C feet of the property proposed to be reclassified and who
of the change (attach extra sheets if necessary).
No. on
Map Name Address Lot Block
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We, the undersigned property owners herewith request that our respectiv
reclassified and for the reasons above enumerated.
signatures of owners of property actually included in the proposed
reclassification.
No. on
properties which are included in the reclassification petitioned for, b (This space is for
Attach extra sheets if necessary.)
Map Name Address Lot Block 1
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None
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OWNER'S AFFIDAVIT
STATE OF CALIFORYIA)
COUNTY OF SAN DIEGO) SS
CITY OF r,~~,~,qp~r) 1
C.4-9LSB ID I~?.qs-?mYT COP9. X, (we), 5~: RoYeri r, '.~atson.~+~.being duly sworn, depose and say that X ( X (are) the owner(s) of part (EZ&11) of the property involved and thi application has been prepare6 in compliance with the requirements of th
City Planning Commission as printed herein and that the foregoing infor thoroughly and completely, to the best of SF (our) ability, presents an
argument in behalf of the application herewith submitted and that the
statements and information above referred to a cts true a correct to the best of X$ (our) knowledge and
Telephone Number 729-4901
Mailing Add
Subscribed and sworn to before m 6.- Janu
Filing Clerk or Nota* Public
This is to certify that the fore been inspected by and found to be complete and acceptable for filing with the City Planni Commission.
&UA.G. 3/z/c -\Ji.
Receip No.
By 1 -&.crAA I1
For the City Planning omini
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4 RESOLUTION RECOMMENDIWG TO THE CITY COUNCIL CHANGE OF ZONE FROM R-3 TO C-2 AI4D ADOPTIOW OF A SPECIFIC PLAN, ON . PROPERTY LOCATED BETWEEN PI0 PIC0 DRIVE AfJD OAK AVENUE
WHEREAS, pursuant to the provisions of Ordinance No. 9060, the
Planning Commission did on February 8, 1972, hold a duly noticed
public hearing to consider the application of CARLSBAD INVESTMENT
COMPANY for a Change of Zone from R-3 to C-2 and adoption of a
Specific Plan on real property located between Pi0 Pic0 Drive and
Oak Avenue, mdre particularly described as:
All that portion of Tract 115 of the Town of
Carlsbad, in the County of San Diego, State
of California, according to amended map of the
Town of Carlsbad, being Map No. 775, filed in
the office of the County Recorder of San Diego
County, February 15, 1894, more completely des-
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cribed in application on file in the City Plan-
ning Department.
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No. 9060:
1. The proposed project is oriented to Pi0 Pic0 Drive, the Shell Oil
27 12. The proposed development will not be detrimental to the surroundin
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I City of Carlsbad that it does hereby recommend to the City Council
the granting of an Amendment to Ordinance No. 9060, 'changing the zone
from R-3 to C-2 on said property, according to the following condition.
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I an occupancy permit.
2. Schedules for maintenance, designating individual responsibilitie
for same shall also be submitted for approval to the Parks and Rec-
reation Director prior to the issuance of an occupancy permit.
3. R~at the concept presented on the Specific Plan, Exhibit "Aii,
shall be adopted. Any deviation from the specific plan shall be
subject to the review and approval of the Planning Department.
4. That a 10' landscaped area shall be developed on the Oak Avenue
frontage, the 70' shall be measured from the property line to the
proposed fence line.
5. Sidewalk ornamental street lights and street trees shall be
constructed on Pi0 Pic0 Drive in accordance with City Standards.
6. A future improvement agreement to improve Oak Avenue to city
standards shall be entered into by owner and shall be a recordable
encumbrance against the property. Access rights to Oak Avenue shall
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231 Fire hydrant locations will be determined by the Fire Chief. =I 8. There is no sewer available in Pi0 Pic0 Avenue. Sewer is avail-
2511 able in Oak Avenue and is adequate to serve this development. An,
2sii indsutrial waste permit will be required due to the proposed use.
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I 1 driveway.
10. A parcel map shall be filed in accordance to the State Map Act.
11. The building shall be provided with an underground utility
service.
12. All signs shall be subject to the approval of the Planning
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AND FINALLY RESOLVED, that a copy of this Resolution be forwarded
ion in the manner prescribed by law,
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Civic Center
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Holiday Park
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-.- - and Adoption of a Specific Plan ant: CARLSBAD INVESTMENT CORPORATION !
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FEBRUARY 8, 1972
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ST A F F R E P 0 R T / M E M 0 R A N D U M
TO:
FROM: C IT Y MANAGER
SUBJECT: REQUEST FOR A CHANGE OF ZONE FROM R-3 (MULTIPLE
P LA N N I 14 G C 0 MM I S S I 0 N
FAMILY) TO C-2 (GENERAL COMMERCIAL) AND ADOPTION
OF A SPECIFIC PLAN FOR A RESTAUKANT FACILITY AND A REQUEST FOP, AN AMENDMENT TO THE GENERAL PLAN 0
' THE CITY OF CARLSBAD, AMEiiDIIG THE LAND USE PORT FROM LOW DENSITY RESIDENTIAL TO COMMERCIAL ON PR PERTY LOCATED BETWEEN OAK AVENUE AND PI0 PIC0
CARL S BAD I N V E STM E NT C 0 R P 0 RAT I 0 N AP P L I C A NT :
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Report submitted by: City Manager, Engineering, Fire, Parks & Recreation, Building and Planning Depart
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General Discussion
The applicant wishes to rezone a 12,100 square-foot parcel ted between Pi0 Pic0 Drive and Oak Avenue from R-3 to C-2 and a Specific Plan in order to construct a restaurant,
The applicant also in requesting to amend the land-use port of the City of Carlsbad General Plan from low-density (-3-7 un per acre) Residential to commercial.
.The current zoning in the area is R-1 to the east and south R-3 to the southwest and C-2 to the west.
To the east and south are primarily older single family residences.
Recently, the Planning Staff conducted a study to amend the residential densities of the General Plan along Pi0 Pic0 betw Tamarack Avenue and Elm Avenue. This study although directed primarily to multiple family residential land uses did not ex the development of compatible non-residential land uses, i.e. professional offices, medical facilities or restaurants.
The existing General Plan reflects low density residential development. The forementioned study on residential densitie indicated that compatible non-residential uses would not be excluded. The location of the proposed development is-orient primarily to Elm Avenue and Pi0 Pic0 Drive traffic.
.- w 0 Page Two Staff Report/Memorandum February 8, 1972
The applicant proposes to landscape and appropriately fence that portion of the property that fronts on Oak Avenue so as not to materially or physically hinder the residential activities to the south and east. Access will be confined to the Pi0 Pic0 Drive frontage,
The physical structure will be approximately 1 1/2 stories in height and located at the Pi0 Pic0 Drive frontage. The rear of the property toward Oak Avenue-will be utilized for required
parking for the restaurant.
The staff recommends approval of the subject proposal for the following reasons and subject to the following conditions.
Reasons of Approval:
1. The proposed project is oriented to Pjo Pic0 Drive, the Shel' oil facility and Civic Center complex on Elm Avenue,
2. The proposed development will not be detrimental to the surrounding properties nor incompatible with the surrounding neighborhood.
Conditions of Approval :
1. Landscape and sprinkler plans including specifications for their construction shall be submitted to the Parks and Recreatior Director for approval prior to their installation and prior to the issuance of an occupancy permit.
'2. Schedules for maintenance, designating individual responsibil ties for same shall also be submitted for approval to the Parks and Recreation Director prior to the issuance of an occupancy permit.
3. That the concept presented on the Specific Plan, Exhibit "A", shall be adopted. Any deviation from the specific plan shall be subject to the review and approval of the Planning Department.
4. That a 10' landscaped area shall be developed on the Oak Avenue frontage, the 10' shall be measured from the property line to the proposed fence line.
5. Sidewalk ornamental street lights and street trees shall be constructed on Pi0 Pic0 Drive in accordance with City Standards.
6. A future improvement agreement to improve Oak Avenue to City standards shall be entered into by owner. Access rights to Oak Avenue shali be dedicated to the City.
7. Existing water mains in Pi0 Pic0 Drive and Oak Avenue are
adequate for this development. Laterals for domestic water * service and public fire hydrants shall be installed per City Specifications. Fire hydrant locations will be determined by
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,? ' Page Three Staff Report/Memorandum February 8, 1972
the Fire Chief.
8. There is no sewer available in Pi0 Pic0 Avenue. Sewer is available in Oak Avenue and is adequate to serve this developmen An industrial waste permit will be required due to the proposed
use.
9. This parcel shall be graded to drain to Pi0 Pic0 through the
driveway.
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10, A parcel map shall be filed in accordance to the State Map
Act.
11. The building shall be provided with an underground utility services.
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JACg ARNOLD, City Manager
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RESOLUTION NO. 1956
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, ANNOUNCING FIND- INGS AND DECISION REGARDING CHANGE OF ZONE FROM R-3 TO C-2 (General Commercial) AND ADOPTION OF A SPECIFIC PLAN, ON PROPERTY LOCATED BETWEEN PI0 PIC0 DRIVE AND OAK AVENUE. (Carlsbad Investment Co.)
WHEREAS, on the 8th day of February, 1972, the Carlsbad
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City Planning Commission adopted Resolution No. 761, which is
herewith referred to and made a part hereof; and
WHEREAS, on March 7, 1972, a duly advertised public hear
\was held as prescribed by law to consider a Change of Zone fr,
R-3 to C-2 (General Commercial) Zoning, and Adoption of a Sper
Plan on property described as:
All that portion of Tract 115 of the Town of Carlsbad, in the County of San Diego , State of Cali forni a , according to amended map of the Town of Carlsbad being Map No. 775, filed in the Office of the County Recorder of San Diego County, February 15, 1894, more complete- ly described in application on file in the Office of the City Clerk.
WHEREAS, the City Council received a77 recommendations ar
heard all persons interested in or opposed to the proposed cht
of zone and Specific Plan;
NOW, THEREFORE, the City Council of the City of Carlsbad
HEREBY DECLARE FINDINGS AND RESOLVE that the findings of the I
Commission contained in Resolution No. 741 constitute the fin(
of the City Council of the City of Carlsbad.
BE IT FURTHER DECLARED AND RESOLVED that the City Councl’
certifies that -the approval of the proposed change of zone cl~
&ion and the adoption of the Specific Plan is necessary to car
out the general purpose of Ordinance No. 9060, as amended.
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City of Carlsbad, Califoi
ATTEST:
MARGARET E. ADAMS, City Clerk
(SEAL)
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ORDINANCE NO. 9294
AN ORDINANCE OF THE CITY COUNCIL ADOPTING A SPECIFIC PLAN ON PROPERTY LOCATED BETWEEN PI0 PIC0 DRIVE AND OAK AVENUE. (Carlsbad Investment Co.)
The City Council of the City of Carlsbad, California, C
ORDAIN that a Specific Plan for the hereinafter described re
property be adopted in the following particulars:
SECTION 1. PROPERTY DESCRIPTION. All that portion of
115 of the Town of Carlsbad, in the County of San Diego, Sta
California, according to amended map of the Town of Carlsbac I
11 1 Map No. 775, filed in the Office of the County Recorder of 5 I
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Diego County, February 15, 1894, more completely described i
application on file in the Office of the City Clerk.
SECTION 2. GENERAL CONDITIONS. The Specific Plan, mar
Exhibit "A", attached hereto, entitled "Specific Plan for R.
Watson" (Carlsbad Investnient Co.), is subject to the fO110wi
conditions and restrictions:
A. The development of the property described in Sectio
hereof shall be subject to the restrictions and limitations
forth herein which are in addition to all of the requirement
limitations and restrictions of all municipal ordinances and
and Federal statutes now in force, or which hereafter may be
force for the purpose of preserving the residential characte
of adjacent properties.
B. All public improvements shall be made in conformity
the Subdivision Ordinance and other'city standards to the sa
tion of the City Engineer, without cost to the City of Carls
and free of all liens and encumbrances.
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C. All land an/or easements required by tIiis Ordinanct
be granted to the City of Carlsbad without cost to the City
free of all liens and encumbrances,
SECTION 3. PRIVATE DEVELOPMENT CONDITIONS. The follov
conditions shall apply with respect to any development aftev
effective date of this Ordinance of the property described i
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Section 1 hereof:
A. Landscape a.nd sprinkler plans including specificat.
for their construction shall be submitted to the Pqrks and I
tion Director for approval prior to their installation and 1 I
I to the issuance of an occupancy permit.
B. Schedules for maintenance, designating individual r
bilities for same shall also be submitted for approval to tt-
and Recreation Director prior to the issuance of an occupanc
C. That the concept presented on the Specific Plan, Er
"A", shall be adopted. Any deviation from the Specific Plar
I be subject to the review and approval of the Planning Deparl
D. That a IO' landscaped area shall be developed on tf ! Avenue frontage; the 10' shall be measured from the propertj
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to the proposed fence line.
E. Sidewalk,ornamental street lights and street trees
constructed on Pi0 Pic0 Drive in accordance with City standa
F. A future improvement agreement to improve Oak Aveni
city standards shall be entered into by owner and shall be t
i able encumbrance against the property. Access rights to oak I shall be dedicated to the City.
I I G. Existing water mains to Pi0 Pic0 Drive and Oak Aver i. adequate for this development. Laterals for domestic water
and public fire hydrants shall be installed per City specifi
Fire hydrant locations will be determined by the Fire Chief,
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H. There is no sewer available in Pi0 Pic0 Avenue. !
is available in Oak Avenue and is adequate to serve this devt
An industrial waste permit will be required due to the propoi
use.
I. This parcel shall be graded to drain to Pi0 Pic0
the driveway.
J. A parcel map shall be filed in accordance to the :
Map Act.
K. The building shall be provided with an undergrounc
utility service.
L. All signs shall be subject to the approval of the
ing Department and shall be in compliance with the sign ordir
as interpreted by the City Attorney.
SECTION 4. REQUIRED PUBLIC IMPROVEMENTS BEFORE ISSUA)
OF BUILDING PERMIT. The following shall be granted to the Ci
Carlsbad before any building permit will be issued for the de
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A. All street improvements including water, sewer, UT
ground power and telephone, street tree planting, Street jig/-
storm drain and any other improvements deemed necessary by tl-
City Engineer shall be installed in conformance with City sta
and indicated on an approved improvement plan prior to the is
of a building permit.
B. All lands necessary for street widening'shall be d
ted to the City of Carlsbad prior to approval of said improve
plan.
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C. A grading plan shall be submitted prior to the iss
of a building permit,
SECTION 5. ADMINISTRATION AND ENFORCEMENT. The Build
Department shall not approve any building for occupancy until
Planning Director has certified' that all the conditions of th
32.0rdinance have been satisfied.
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The Planning Director of the City of Carlsbad is desi:
His decisior
be final as to whether the subject property has been proper13
developed and improved. However, the owners of the subject 1
may appeal to the City Council any decision of the Planning
Director relative to this Specific Plan. Such appeal shall 1
2'as the enforcing officer of this Specific Plan.
Ylwriting and filed with the City Clerk within 10 days followir
the receipt of the decision of the Planning Director. The Ci
9, I Council's decision shall be final.
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SECTION 6. EFFECTIVE DATE. This Ordinance shall be I/ i
leffective 30 days after its adoption. The City Clerk of the
/of Carlsbad shall certify to the adoption of this Ordinance ;
/cause it to be published once in the Carlsbad Journal within
fifteen (15) days after its adoption.
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INTRODUCED AND FIRST READ at a regular meeting of the
Council of the City of Carlsbad, California, held on the 7th
\of March, 1972, and thereafter PASSED AND ADOPTED at a regulz
meeting of said City Council on the 2lst of March, 1972, by 1
following vote, to wit:
AYES: Crnn. Dunne, McCornas, Jardine and Lewis.
NOES: None.
ABSENT: Cmn. Castro.
DAVID M. DUNNE, Mayor
ATTEST:
MARGARET E. ADAMS, City Clerk
(SEAL)
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ORDINANCE NO. 9295
AN ORDINANCE OF THE CITY OF CARLSBRD
AF.IENDING ORDINANCE NO. 9060 BY GRANT-
(General Commercial) LOCATED BETWEEN PI0 PIC0 DRIVE AND OAK AVENUE. (Carlsbad Investment Co.)
ING A CHANGE OF ZONE FROM R-3 TO C-2
The City Council of the City of Carlsbad, California, C
ORDAIN, that Carlsbad Zoning Ordinance No. 9060 is amended 1
read as follows:
SECTION 1. That the following described real property
I I granted a change of zone from R-3 to C-2 (General Commercial
subject to the provisions contained in Ordinance No. 9284, a
that the zoning map referred to in Section 21.06.030 of said
Ordinance No. 9060, as amended, be changed accordingly:
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All that portion of Tract 115 of the Town of Carlsbad, in the County of San Diego, State of California, according to amended map of the Town of Carlsbad, being Map No. 775, filed in the Office of the County Re- corder of San Diego County, February 15, 1894, more completely described in appl i ca- tion on 'file in the Office of the City Clerk.
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SECTION 2. EFFECTIVE DATE. This Ordinance shall be ef
thirty (30) days !after its adoption and the City Clerk shall
fy to the adoptioln of this Ordinance and cause it to be pub1
at least once in the Carlsbad Journal fifteen (15) days aft€
adoption.
INTRODUCED AND FIRST READ at a regular meeting of the C
Council of the Ci,ty of Carlsbad, California, held on the 7th
March, 1972, and Ithereafter PASSED,.APPROVED, and ADOPTED at
regular meeting of the City Council held on the 21st day of
1972, by the folllowing vote, to wit:
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AYES : Cmn. Dunne, McComas, Jardine and Lewis. ! NOES : None.
I ABSENT: Cmn. CaStrO.
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DAVID M. DUNNE, Mayor of City of Carl sbad, Cal i for ATTEST:
MARGARET E. ADAMS, City Clerk
I I (SEAL)
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