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HomeMy WebLinkAbout1973-09-04; City Council; 2123; Malone Company. . THL CITY OF CARLSPAD, CALIFOh. IA Agenda Bill M0.a-9 * Date Sept. 4, 1973 _ Referred Jo: . . Sub’ect: An Appeal by The Malone Company (Rick Engineering j Submitted By: c.0 . of Planning Commission Adtion re: Zen;? Change and Specific c Plan - to allow for Change of Zone from R-3 to C-2 to allow PLANNING for Professional. Building on the northeast corner of the inter- COMMISSION 1 Section of Pio Pica Drive and Oak Avenue. * Statement of the Matter * . v At their duly noticed regular meeting of August 14, 1973, the Planning Commission considered the subject request for Change of Zone to al low for a professional build- i ng . After Plann and considering al 1 testimony, this appl<cation was.DENIED by the ission. hearing ing Comn Exhibit 1. Certificate of Ownership *. Staff Report dated August 14, 1973 E.I.R. ‘Information Appl icants Exhibits Planning Commission Resolution No. 942 . P 1 ann i ng Comm ission’s reasons for denial set out in Resolution. . . . . . is No. .$ 1 . 1 A Date. Sept. 4, 1973 . * c T\ . . -- . city f-fanaqer's Reco?nmendation .- . . 4. . . .e This 'is an appeal by the applicant of..the Slanning Commission-actipn . regarding a request f,or a zone change and a'specific plan. by Rick Engineering t-o provide for a change of zone from R-3 to C-2 to -allow for a professional building on-the northeast corner of the intersection of Pio Pica Drive and Oak Ayenue. The applicant -. proposes to construct a professional building and the application was denied by the PlannSng Commission on the basis that it was - - non-conforming with the-existing General Plan and the potential - . uses..in the area. Apparently the:Planning Commission felt that' _ -. the proposed C-2 zoneng tias.too broad for the retiested use-and it would-appear-that a directive by the--City Council that a . Civic' Center overlay plan.be developed'by staff will provide a zone compatible to the intended uses-of the appl-icant. A Civic .Center overlay plan would provide.the cvpatib%Jity of land uses . i . between City-Hall, and potential related uses-of surrounding - - prqperty , and wouJd-encompass the area where' the applic'ant has . applied for a change of zone; : - . . f , f . *. . . . -Council-Action I - . . I i I 9-4-73 a. . . By' motion of the Cou(ci'1 .the Council stated its i-ntent to grant the appeal and referred the matter back to the Planning,Commission for further report. . . . . ? -. . . . ,. . . _. . . . . . . . . . . ._ . . . . - . . . . . I . ::. . . . . - -2- RICK ENGINEERING COMPANY / Fii’AoNNc’,~~Lc~~sG~~T~~~~ 509 ELM AVENUE l CARLSBAD, CALIFORNIA 92008 TELEPHONE l AREA CODE 714 l 729-4987 August 16, 1973 Honorable City Council City of Carlsbad 1200 Elm Avenue Carlsbad, California 92008 RE: AUGUST 14 PLANNING COMMISSION AGENDA ITEM NO. 5-E, SPECIFIC PLAN NO. 127 AND ZONE CHANGE NO. 122 Gentlemen: On behalf of the Malone Company, this letter is a request to appeal the Planning Commission’s decision on the above items, and appeal the motion to file the subject application. The reasons for appeal are as follows: - The recommendation of denial was because of not being in conformance with General Plan. This issue was covered very favorable in the staff’s recommendations and we would agree and suggest the staff’s recommendations be approved. - The issue of critical planning areas was brought out and this was considered by the applicant before submittal. One of the conditions the City had established for critical planning areas, was to deny a request for zone change that would increase existing densities. - The request of C-2 zone would not increase densitites and would be compatible with the guide lines of the critical planning areas. - Traffic was also a consideration. The proposed office building, we feel, would be very compatible for this area. The hours of operation would be an eight to five situation with almost no activity on Saturday or Sunday. Also, the only ingress and egress to the property is planned to be on-to fully improved Pio Pica Drive. Honorable City Council August 16, 1973 Page 2 - The Planning Commission was looking for a suitable transistion from Pio Pica into the residential uses to the east. The proposed office and blueprinting operation again would be a “during the week” type activity, and being a quiet industry, would be very compatible and a logical transistion from low key commercial to residential uses. Also, the unique shape of the property and existing commercial uses to the east, would not encourage a neighbor to use this rezoning as a justification for additional commercial zoning east of Pi0 Pica. - The staff’s report and Bill Rick had touched on the reasons for the C-2 zoning rather than say, and suggested by Commissioner Wrench, a R-P zone. The R-P zone would allow apartments to be built on the site and not be in conformance with the actual planning area goals. Be- cause of the shape of the property, and after the required set- backs are adhered to, the remaining area would not allow adequate building space. Also, the C-2 zoning is the only zoning that allows a blueprint operation, which is an integral part of the civil engineering business. It did not seem a good idea to us or to the staff to ask for another type zone and request conditional uses and variances for this site when it could be accomplished per ordinances in the C-2 zone. - Again because it is isolated it would not encourage adjacent commercial uses to be requested. For the reasons stated above, we appeal the decision of the Planning Commission to deny the application, and we appeal the motion to file the applicaiton and ask your Council to reconsider this matter, and approve our request as recommended by the City Staff Report. Sincerely, Robert C. Ladwig Y RCL:fm cc: E. C. Malone William B. Rick CITY OF CARLSBAD PLANNING DEP&?MENT ANALYSIS FOR AUGUST 74, 1973 TO: PLANNING COMMISSION REPORT ON: CONSIDERATION OF CHANGE OF ZONE CONSIDERATION OF SPECIFIC PLAN 'CASE NOS: ZC-122 SP-127. APPLICANT: E. C. MALONE FOR THE MALONE COMPANY, ET AL 2136 Avenida de la Playa La Jolla, California REQUEST: This item was considered as a public hearing at the Planning Commission rnxmof July 10, 1973. After the close of the public hearing,'the Planning Commission did continue the matter to permit staff time to study the total Pio Pica area. This has been completed and the staff recommendation reflects the findings. That the Planning Commission recommends approval to the City Council of a chance of zone from R-3 (Multiple Family) to C-2 (General Commercial) and a specif‘iTc plan for a 8400 sq. ft. two-story office building on Parcel "A" as shown on parcel map No. 716, filed in the Office of the Recorder of San Diego County. BACKGROUND: islocated at Street. Said 10,120 sq. ft The subject s the main phys The subject property, a portion of former State freeway right-of-way, the northeast corner of the intersection of Pio Pica Drive and Oak property has a frontage on Pio Pica Drive and contains approximately ite is flat with several large trees adjacent to Oak Avenue being' ical feature of the site. The proposal is.to preserve -these trees as a part of the landscaping program. DEVELOPMENT: The applicant indicates that an approximate 8400 sq. ft. two- -story oT?%e building will be constructed with an engineering firm occupying approximately half the building. A total of 21 parking spaces is proposed with 18 spaces being located within the building. This meets the ordinance requirements exactly. No building elevations were submitted. ZONING AND GENERAL PLAN: -. 1. Zoning: Existing: R-3 -_I_ Proposed: c-2 (S.P.) Adjacent: North C-l East C-2 South R-3 West L-C 2. General Plan: The adopted General Plan indicates the property to be potential low density. residential with.from 3-7 families per net acre. ENVIRONMENTAL IMPACT: The Planning Director has determined that the Proposed develop%%t will not have a significant impact on the environment. Therefore, no additional environmental considerations will be required. STAFF RECOMMENDATIONS: REGARDING THE CHANGE OF ZONE: That the general welfare, public convenience xgood zoning practices require that the Planning Commission recommend to the City Council that a change of zone from' R-3 to C-2 &APPROVED on the subject property. Justification is based upon: 1. The influence of the Civic Center development could reajonably extend along Pio Pica southerly to Oak Avenue. In addition, the impact of the freeway and the estimated traffic on Pio Pica could effect the' subject parcel to the degree that the site would not be considered appropriate for a residential activity. I A professional office activity, on the other hand, would be less affected and would also have less of an impact on adjacent residential since the activity is normally limited to 8-5 weekdays and does not have the amount of traffic that would be found with a retail- commercial use such as a restaurant. 2. As a part of the upcoming General Plan Revision and Zoning Ordinance Revision, staff envisions the establishment of a civic center overlay zone .a . concept on all the property surrounding the civic center area. A majority of the restrictions of this zone will deal with design and such an application on the subject property will further guarantee the compatibility of any development to the surrounding development. 3. The existence of commercial zoning and uses to the north and east of the subject parcel and its location adjacent to a frontage road of a State freeway are considered to be sufficient for reasons for a finding that the present General Plan commitment for the area is not realistic. In that this incompatibility is part of a larger area of incompatibility which includes the Civic Center area and the full length of Pio Pica Drive, Staff would not recommend a General Plan amendment for just the subject site at this time. Rather, as a part of the pending total general p'lan revision, all these inconsistencies will be eliminated. 4. In many ways, the potential use requested is less intense than is possible under the existing R-3 Zoning designation which would permit up to a total of 12 dwelling units on the site. 5. The uses permitted under the proposed C-2 zone district is considered to be a suitable transition from the existing single-family development to the east and the freeway activity to the west. REGARDING THE SPEC to the City Counci based upon: 1. Compatib potential activity 2. The size is FIC PLAN: That the Planning Commission recommend that the Specific Plan BE APPROVED. Justification lity of the proposed use to the existing activity and in the area. and location of the subject property is considered to be sufficient for the proposed development. 3. Though not compatible with the precise land use commitment as presently outlined in the General Plan, Staff is of the opinion that the proposed development would be compatible with the goals and'objectives of the General Plan. On at least two previous occasions, an attempt has' been made to revise the land use commitments for this total area. The influence of the freeway, the activity on Elm Avenue,-Pio Pica, and the Civic Center can not be mitigated sufficiently to permit residential activity in this area. Therefore, other types of uses should be utilized. To determine exactly what specific uses would be appropriate for this area is dependent upon commitments made in other parts of the City which can only be evaluated as part of a complete General Plan revision. However, one premise can be accepted, and that is - activities such as Civic Centers do require certain support facilities in close proximity. The proposed office building can reasonably be considered as a support to the civic center and would therefore be compatible with the ultimate land use commitment for this area as established by the pending General Plan revision. CONDITIONS OF APPROVAL: Any approval should be subject to the following conditions: 1. The approval of the specific plan is granted for the land as described in the application and any attachments thereto, and as shown on the plot plan submitted, labeled Exhibit A. The location of all buildings, fences, signs, roadways, parking areas, landscaping and other facilities or features shall be located substantially as shown on the plot plan labeled Exhibit A, except or unless indicated o‘therwise herein. 2. Unless the construction of the structure or facilitv is commenced 5%ti 12 8iligentPy pZrsue8 t r than ne ear f & ereaker, r th date the a rov 1 i "gra ted this apgpova'f wi?l au!!omatically become null and void. 3. Any minor change may be approved by the Planning Director. Any substantial change will require the filing of an application for an amendment to be considered by the Planning Commission. 4. All requirements of any law, ordinance or regulation of the State of California, City of Carlsbad, and any other governmental entity shall be complied with. 5. No signs or advertising of any type whatsoever shall be erected or installed until plans 'therefore have been approved by the City of Carlsbad. Said signs shall be incorporated into the design of the building. . 6. All areas shown as parking areas shall be surfaced with asphaltic concrete and shall be visibly marked outlining individual parking spaces and traffic flow. Said surfacing and marking shall be completed prior to final inspection of the structure or structures by the Building Department. The surface shall be kept in a reasonably good state of repair at all times. .7. .Prior to.-obtaining+a bu,ild>ing permit, and within 30 days thereof, the applicant shall file with the Secretary of the Planning Commission written acceptance of the conditions stated herein. 8. Compliance with and execution of all conditions listed hereon shall be necessary, unless otherwise specified, prior to obtaining final building inspection clearance. Deviation from this re- quirement shall be permitted only by written consent of the Planning Director. 9. Any mechanical and/or electrical equipment to be located on the roof of the structure shall be screened in a manner acceptable to the Planning Director. Detailed plans for said screening shall be sub- mitted, in triplicate, to the Planning Director. 10. All lighting shall be arranged to reflect away from adjoining properties and streets. 11. An incombustible trash enclosure shall be provided of a size and location acceptable to the Planning Director, and said area shall be enclosed with a fence and/or wass of sufficient height to adequately shield the area. Said fence and/or wall shall include a solid gate. 12. A detailed landscape and sprinkler plan prepared by a land- scape architect, shall be submitted to the Planning Director for consideration and approval. * 13. Prior to final building inspection clearance, all landscaping shall be installed. Said landscaping shall, at all times, be maintained in a manner acceptable to the Planning Director. 14. All landscape areas in parking lots shall be enclosed by a railed concrete curb or low wall. All planters adjacent to street right-of-way shall be constructed with weep holes per specifications of the City Engineer. 15. All utilities, including electrical, telephone and cable television, shall be installed underground and/or shall be completely concealed from view. . 16. All public improvements shall be made in conformity with the Subdivision Ordinance and other City Standards, to the satisfaction of the City Engineer, without cost to the City of Carlsbad and free of all liens and encumbrances. 17. Pio Pica Drive and Oak-Avenue shall be improved in accordance with City Standards. 18. Prior to the issuance of any permits , all exterior building elevations and specific floor plans shall be submitted to the Planning Director for consideration and qproval. 19. The range of uses for the proposed development shall be limited to those uses normally found in a professional office building and related use. ATTACHED MATERIALS: In addition to area maps, please find enclosed support materials submitted by Mr. Rick which attempts to describe the proposed activities in the subject development. . Associate Planner 5620 FRIARS ROAD . SAN DIEGO. CALIFORNIA 92110 TELEPHONE . AREA CODE 714 . 291-0707 July 27, 1973 Eh~E’ZiVED City Planning C ommis sion City of Carlsbad 1200 Elm Avenue Carlsbad, California 92008 - JJL 3 0 ?W cl-f-y OF CARLSBAD P_lanning Department Attention: Mr. Don Agatep FE: E. C. MALONE COMPANY’S APPLICATION FOR REZONE ZONE CASE NO. 122, SPECIFIC PLAN NO. 127 Gentlemen: The undersigned, on behalf of the applicant, E . C . Malone Company, wishes to state that the sole purpose and need for the application for C-2 rather than C-l commercial zone in this application is to permit the operation of a blueprinting and plan reproduction service on the premises. . WBR:lms * &by .’ t>, _’ . h., .> I d ENGINEERING COMPANY I PLANNING CONSULTINTS AND CIVIL ENGINFEAS 5620 FRIARS ROAD . SAN DIEGO, CALIFORNIA 92110 TELEPHONE . AREA CODE 714 . 291-0707 . TO Mr. Mil=e Zander, Planning Department The City of Carlsbad 1200 elm Avenue Carlsbad, California 92008 GENTLEMEN: WE ARE SENDING YOU 8 Attached n Under separate cover via the following items: Cl Shop drawings q Copy of letter Dated fl Prints El Change order III Plans q Cl Samples Cl Specifications COPIES DATE NO. DESCRIPTION 2-73 Copy of SEC. 101.0423-A B. PERMITTED USES THESE ARE TRANSMITTED as checked below: Cl For approval 0 For Checking 0 Resubmit copies for approval Cl For your use 0 Approved as submitted 0 Design only, not for construction IQ As requested 0 Approved as noted Cl Return prints corrected Cl For review and comment 0 Returned for corrections El Cl For Your Action * REMARKS- COPY TO---.------ SIGNED: William Be.- Rick/lms If enclosures are not ds noted. kindly notify us at once. . , ___ _ _.. __ . _-.-_ . . . . -_- --.. - . * . . ,. ‘:.. . : i 1 3 . SEC. 101.0423-A 2-73 hospitals. dinia and rcscaxh complexes. or adjacent to major concentration OF commcrcbl activities. B. PERhlIlTED USES In the CO Zone. no Luildini: or impravcmcnt or portion thcrcof, shall be acctcd. ~ns:ruclcd. convcrtcd. c~tahl~shcd, allcrcd ot cnlxrgcd. nor shall any prcmiscr be used crcrpt for 0°C or ntarc of rhc followinr: purp3xr: I. nusincrs and profcrwxul office u~cs. Such VICI may include accountants. adwrtirinK agcncicr, xchitcctr, akterncyr, con~r:tctws, doctors. cnpinccrr. fananciJ1 inrtrtutiorrs, insurance agencies. medial clrnics (no owrniglrt patients). photographcrr. real estate brokers, sccuriticr brokers. wrvtyors and STaphic artists. 2. The followin!: hurixcrcr and scrviccs providcil they are lucatcd oo the ume lot or prcmircs as a USE or IISCI lirtcd in p.wxgraph “i3.I.” and provided the comhined gross floor arca cf nil such UWCI sh.,ll not cxcred 25 pcrccllt of llic combined fir015 floor arca of the usa pcrmittcd w-&r [tir.‘grapt, “11.1.” cxisrln!; on the S;LIIX lot or premix% a. Addressing. rccrctarial and tclcphorze answering Icrviccs. b. Zi;;ir.cls ;n.xc:il:~ aics display and service. C. Drafting and blueprint rcrviccr : d. Electronic &ta procrs,ing. tabulating and record keeping rcrviccr e. hlcdicrl appli.wcc 5alcs. _. . I. Office fwniturc and cquipmcnt sales. . : .:-.. . . . g. Pharnucics. __.- . .: - : . . * h Xrrtauran1r :. ., :. I. Tr.wl bureaus.’ :: . ; . 1 ; ‘: ‘. 5. Ao3rtmcnts. .: -..: . --- \ ‘,I .m., _:. 4. Gbor unions (no hiring lulls) and trade associations. -’ - .: ‘-- 5. hfcdicnl. dental. biulocical and S-rav Lboratoricr . . . . 6. Private clubs. Fratrrnal orbanizxtions and lodscr. 7. Public utility clcctric substations. ~+~s rcgulatorr and comrnunicationr cquipzncnt building3 dcvclo;xd in accord.mcc with building and landsaping plans approved by the Bo.wd of hrchircctut.d Kcbisw. 8. Any o:hcr UICI which the Planninc Commi$rion may Find to bc rimihr in chrractrr to ihc uses. including acccwxy UYI. cnumcratrd in this wction al:d consir:clrt with the purpoac and intent of this zone. Ilx adopted resolution cmbodGorsurb.finrline.~aU bc filed in the olficc of the City Clerk. ‘6 t .- ‘,) /,_ ,_L.-4, ,, c r _. ! / 6 i ! I / . ! < i , --.-. . _./ _ _,. ,, ,,_ ..__ ._ _,./- z-7 I _ .-.-. :;- ... -- . -. .._ ._. . _ ,‘.‘. - _ L . . . , , E . . . ./---- ENVIRONMENTAL PR0TECTfOU ACT OF 1972 ENDORSEMENT OF COH?LIANCE - APPLICANT @CK E3 c/ix- . TYPE OF PERMITzD&5 c5&!~,(;&&- & 22 E&i Ftc uc-Y4d FILE NO. ~--k%$ 5p-/z7 t5~5-,7-~ ADDRESS AND LOCATION OF PROPOSED ACTIVITY - mxm-/&AS7 coen,&e PI0 --Prcc=, 0Al-L At,x. / CAk=&SB~D I declare that I have examined the file relating to the above captioned activity and have determined that all pro- ceedings required for compliance with the City of Carlsbad Environmental Protection. Ordinance of 1972 are complete. Dated: 7//r/73 RESOLUTION NO. 943 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA RECOMMENDING r3EPtfAi OF A REQUEST FOR CHANGE OF ZONE (C-2j GENERAL COMMERCIAL FROM (R-3) MtJLTIPLE FAMILY ZONE, TO ALLOW A PROFESSIONAL BUILDING DEVELr)PyET\!T 01\! PROPERTY GENERALLY LOCATED ON THE NORTHEAST CORMER OF OAK STREET AND PI0 PIG0 DRIVE BETWEEN OAK STREET AND ELM AVENUE (THE MALONE CO.-RICK ENGINEERING Co.) ! /I :i $1 ’ j/ i i! )I1 3’ WHEREAS, the Planning Commission of the City of Carlshad, August, 1973, hold a duly 3 > California, did on the 14th day of noticed public hearing to consider from R-3 (Multiple Family) to C-Z a request for a Change of Zone (GENERAL COMMERCIAL) to allow a L professional building development on property generally located on 2 the northeast corner of Oak Street and Pio Pica Drive between Oak 3 Street and Elm Avenue (The Malone Co.-Rick Engineering Co.), and r more particularly described as: 5 5 7' 31 Parcel "A" as shown on Parcel Map No. 716, filed January 20, 1972, in the Office of the Recorder of San Diego County. WHEREAS, said application has complied with the requirements of the "City of Carlsbad Environmental Protection Ordinance of 197; 3 and has been determined to have a non-significant impact on the 3 environment; and, 1 WHEREAS, at said public hearing, and upon hearing and con- 2 sidering the testimony and arguments, if any, of all persons who 3 desired to be heard, said Commission did find the following facts 1: /I 5 I ji/ // 7 j 3 /I :: 3 11 Ij 3 '/ (1 L 1: 2 1; ;/ !I 11 and reasons to exist which make the DENIAL of a Zone Change necess ary to carry out the provisions and general purpose of Title 21: 1. Non-conformance with the existing General Plan and potential uses in the area. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Carlsbad, that it does hereby recommend DENIAL to the City Council, of the adoption of an amendment to Title 21 for a reclassification in zone on said property. X X :c 1: II 11 1: It 1’ 3 l! I 2( 2: 2: 2: 24 2! 2; 2' 3 3: 3: .a. ,.,_ .._i ,._ i.,^ .,.,:; :* . . . . . -_.-* ,- ._,, I .,,ari’*... _., ;,, ,*:. “” .<i 1L.S.1 ‘1.7- *I‘.,‘>* ..; .7 ,,.. . ._ - .-- - “- 1 .-~ __ _.: -...., _ -L. ‘- e ~~&-.+33&f$@mm~~ ‘-~g-g..p-- --‘“s - -. ‘-’ - -.--.-T---- . +_a --il. -“r-he-* .-..-.-. -- .__. *. 2: 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 2t 24 25 26 27 28 29 30 31 32 PASSED, APPROVED AND ADOPTED at a regular meeting of the Ci-ty of Carlsbad Planning Commission, held on the 14th day of August, 1973, by the following vote, to wit: AYES: Commissioners Jose, Forman, Gfrench and Palmateer NOES: Commissioners Casler, Little and !Jom-ingGez ABSENT: None ATTEST: E.N. DOMINGUEZ, Chairman DONALD A. AGATEP, Secretary t !- _.. . .I ” .: ^ ^ ., ‘. .!-A .: ,a L . . I , * ._. _^ _ I: .i , * ..A:: l&.$.&;<&c&dL,:. .,dLL&&,~Z *,tiii,&>* c _‘. ~. MEMORANDUM August 14, 1973 TO: P LAN N I N G C 0 MM I S S I 0 N FROM: PLANNIW DEPARTMENT SUBJECT: LAND USE PROPOSALS ON PI0 PICO BET!*fEEIS TAMARACK AVENUE AND ELM AVENUE REF: CHANGE OF ZONE No. 122 (COLONIAL STALL-COM~~./PROF.~EYEL.) CHANGE 0~ ZONE NO. 122 (RICK PROF. BUILDING) The following report is submitted to the Planning Commission for consideration as it would relate to application for Change of Zone as submitted by : a) zc-121 Colonial Mall b) zc-122 Malone-Rick In late 1971, early 1972, the Planning Department instituted a study which addressed potential land uses in an area bounded by Pio Pica Drive, I-5, Adams Street, Elm Avenue, and Tamarack Avenue. The purpose of the study was to correct zoning provisions (R-3) which conflicted with General Plan Land Use and residential density recommen- dations (low density 3-7 du/ac.). After a lengthy investigation of property owners and citizen preferences, the Planning Department re- commended to the Planning Commission that an Ad-Hoc Committee be established to make findings and recommendations. The conclusions of. that Committee's action were: 1. That multiple-family residential densities should be limited to O-20 du/ac. 2. Other forms of land use compatible with residential activity be encouraged, i.e. Professional, Medical, Motel, Church or selected Commercial land use. 3. That a specific.area plan be developed which would require performance standards for design, landscaping and parking. The foregoing conclusions were prompted after an evaluation of environ- mental deficiencies which could exist by living adjacent to a major interstate freeway. The following discussion outlines the parameters upon which the conclusions and recommendations were drawn. Land use along Pio Pica between Tamarack Avenue and Elm Avenue consists of two new motels, a church, Parochial School (SP), Holiday Park, a restaurant and 2 or 3 residential units which side to Pio Pica, and 4 vacant parcels of land. The balance of the land use in the total study area is either single-family or vacant land. . .- Memorandum Pio Pica & Elm Study August 14, 1973 Page 2 Zoning on the same parcels is either R-3 (along Pio Pica) or R-1-7500 (single family). The General Plan land use recommendation is for low density residential 3-7 du/ac. Therefore, the conflict of land use, zoning and GeneraL Plan recommendation. The Staff was, and is, of the opinion that residential development of any kind along Pio Pica is not environmentally sound, nor is it a viable land use. The question which must be considered is, if single .family land uses are not viable uses adjacent to a freeway, why then would any public agency consider subjecting more people and more residential units to the detrimental effects of noise, air and visual pollution. Inasmuch as the major existing land uses along Pio Pica are not residentially oriented, it would seem prudent to consider alternative, but compatible, uses which could be deployed, and which would provide a transition between existing established residential land use and the freeway. Alternative land uses which were discussed during the 1971/1972 study, and which in reality are occurring now, consist of motel units, medical/ professional buildings and selective commercial uses. Through effective design, the forementioned uses could be developed and would not unnecess- arily encroach upon existing residential areas easterly of Adams St. Applications received by the City in the recent past have conformed to the Staff and the Ad-Hoc Committee's findings. The Colonial Mall proposes limited types of commercial development as well as makes pro- vision for professional floor space. The Malone/Rick Engineering ap- plication requests commercial zoning for only a blue-printing and an- cillary sales. The balance of the structure is to be used as pro- fessional office space. It is the opinion of the Staff that the referenced proposals is con- sistent with development trends-along Pio Pica and is also consistent with existing Staff philosophies of land use adjacent to the freeway. The remaining question does not relate to the freeway as much as it concerns the land use policies which may be attributed to the Civic Center. The Planning Commission and City Council imposed a 3-month moritorium on development about the Civic Center comolex Pending the completion of a Civic Center overlay zone. The intent of the overlay zone was to make provision for compatible land use around the Civic Center. However, to date, that study and zone has not developed. Therefore, irrespective of General Plan revision, the decision the City must make is: are the proposed land use programs consistent with the policies and philosophies of development along Pio Pica and adjacent to City Hall. It is the Staff's opinion they are. NOTICE OF APPEAL NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad will hold a Public Hearing on Tuesday, September 4, 1973, at 7:30 P. M. in the Council Chambers, 1200 Elm Avenue, Carlsbad, California, to consider the following matter: CASE NO. ZC-122 THE MALONE COMPANY regarding applications filed by E. C. MALONE, requesting Change of Zone from R-3 (Multiple Family Residential) to C-2 (General Commercial) to allow development of professional office and retail commercial property on property generally located on the east side of Pio Pica Drive between Oak Street and Elm Avenue, and more particularly described as follows: Parcel "A" as shown on Parcel Map No. 716, filed January 20, 1972, in the Office of the Recorder of San Diego County, State of California. Those persons desiring to comment on this appeal are cordially invited to attend. CARLSBAD CITY COUNCIL PUBLISH: August 23, 1973 . . TEALS why AAICI=L ruy Luuyally May 30, .1973 ' ' Jcib,Nurnber 4502 ( - PROPERTY OWNERS' LIST WITHIN 300' RADIUS OF REZONE AREA - OAK AVENUE AT PI0 PICO BOULEVARD Parcel Number 1 2 Assessor's Number 156-180-28 156-180-30 156-180-37 156-180-23 156-180-36 156-180-09 156-180-10 156-180-11 156-180-22 205-020-03 205-020-01 Owner C, J, Heltibridle 1520 Hunsaker Street Oceanside, California Carlsbad Investment Corp. P-0. Box 275 Carlsbad, California b Bruno B. & Liselotte Kue1 2907 West 135th Place Gardena, California FX?flT Albert J. Freiburger 1212 Oak Avenue . Carlsbad, California Treno & Imogene Munoz 1168 Oak Avenue Carlsbad, California. Allen M. & Mary Turley. 1158 Oak Avenue Carlsbad, California Carlsbad I JllsmEGt carp Elizabeth Er -son Jj 1199 Oak Avenue . Carlsbad, California . Emily Mclean d C/O Joyce W. Smitht .": Estate Of 2815 Jefferson Street Carlsbad, California .I '* X.ck Engineering'Comy. y N&y'30, .1973 . Job Number 4502 Page 2 Parcel Number 11 12 13 14 15 16 Assessor's Number Owner 205-020-26 Emil H, & Cleona Obryant 1155 Oak Avenue Carlsbad, California 205-020-27 205-020'28 205-020-29 205-020-33 205-020-32 17 I.8 19 156-180-15 20 '156-180-25 (Per County Assessor's Office) I declare to the best of my knowledge that J 3 1/ J v/ J v’ .d J v’ Alice A. Deboer 4025 Arizona Street,#20 San Diego, California YJ/fl Charles & Marie Nissen 1103 Oak Avenue Carlsbad, California Evelyn R. Simpson 1095 Oak Avenue Carlsbad, California Paul C. c Lillian Batterman 1198 Pine Avenue Carlsbad, California Aimee M. King 1190 Pine Street Carlsbad, California Montimer W, Bondy Prospect Manor 800 Prospect Street Sou$pOTasadena, Califcxnl' ? 0 State Highway 5 XI-SD-2B Ralph & Marjorie Shick 5702 Soledad Road La Jolla, California q2 c? 3 jJ Highway Opening as of 1969 the foregoing is an accurate list taken from the latest equalized assessment roll on file in the Office of the Assessor of San Diego County. RCL/JR:ljg . ;2PPLIC/\TION FOR CHANGE OF ZONE _A 4 OWNER AND/OR OUNER'S PUTHORIZED AGENT AFFIDAVIT STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) SS' CITY OF CARLSBAD ) I , (We) E. C. Malone (Name) declare to the best of v (m;, our) being duly sworn depose and knowledge that the foregoing is true and correct under the penalty of purjury: EXECUTED AT &o ,&,, Califorriia (City) ' (State) DATE (Month) Pay) (Year) APPLICANT, OWNER AND/dR OWNER'S AUTHORIZED AGENT: The Malone Company, et al BY: E. C. Malone (Print Name) (Signature) . . 2136 Avenida de la Playa (Mailing Address) La Jolla, Califoriia 92037 (City and State) (Zip) (714) 454-7141 (Area Code) (Telephone Number) / SUBSCRIBED AND SHORN TO BEFORE ME THIS d DAY OF Jync /973 5620 Frairs Road . %n nh, PA n-3-l: , Specific/Master Plan Arm.1 #cation Page Two. III. EXISTING i?NE OF SUBJECT PROPERTY R-3 HAS A MASTER PLAN BEEN APPROVED? Yes. No. No DATE: OWNER AND/OR OWNER'S AUTHORIZED AGENT AFFIDAVIT STATE OF CALIFORNIA) ! COUNTY OF SAN DIEGO) SS 'i CITY OF 1 1, (we), E. C. Malone (name) declare to the best of my (my, our ) and correct under the penalty of purjury: beirig duly worn depose and knowledge that the foregoing is true EXECUTED.AT ‘Califorriia (City) (State) DATE (Month) (Day) (Year) APPLICANT, OWNER AND/OR OWNER'S AUTHORIZED AGENT: The Malone Company, et al BY: E.C. Malone - (Signature) 2136 Avenida de la Playa (Mailing Address) La JolTa, California 92037 (City and State) (Zip) ( 714) 454-7141 ‘(Area Code) (Teliphone Number) SUBSCRIBED AND SWORN TO BEFORE ME THIS src /--- DAY OF . c/n-P /97f . OFFlClAl SEAL GEORGE 0. KUMKE 1s 4 .‘I ~lJ:LIC CALIFORNIA P’uIC:PAl OFFlCE ,N 52 D:EGO COUNTY Expires Jan. 15, 1977 _ Sail Diego, do mio -, . . . .t M E M 0 R A PI D U t4 -4 August 29, 1973 . TO: CITY COUNCIL FROM: . PLANNING COMMISSION SUBJECT: PLANNTNG COMtiISSION ACTSOY n!l APPLICATIONS OF THE MALONE CO. (RICK ENGINEERIFIG CO.) CASE PIO.ZC-122 h ' ROBERT L. VA-t-SON (COLOYIAL MALL LTD.,) CASF NO.ZC-121 The Planning Commission heard the subject applications July IQ,1973 and continued their decision to August 14, 1973 after a motion to table the applications,until the General Plan revision was presented to the City,had ended in a tie vote of the six commissioners aresent. Motions to deny the Change of Zone requests were approved by 6 4-3 vote and the two Specific Plans were tabled by a 4-3 vote. The decisions to deny the appfications were based upon the incomoatibility of the land uses proposed to the General Plan, ‘and inadequate circu- *lation. The discussion had as a basis the-fol-lowing prior-actions or prior studies: 1. The City Council and Planning Commission Resolutions 606 and 607 in 1969 denied an aop7ication on Elm Avenue for rezoning from R-l to C-l and Adoption of a Specific Plan (Oceanside Mational Rank). The basis for denial was - a. That the proposed reclassification would constitute spot zoning of commercial in a residential area. b. That the pronosed use may generate a severe‘traffic Droblem on Elm Avenue .~ .._ .---. -__ W--,--~h,icWh is a major boulevard in the Cit.v and will -.*-------I- .--- --- cayryi'n-?reased traffic ln the Xiture.-~~ ---. -_- 2. The Pio Pica Land Use Amendment initiated by the Staff in late 1971, early 1972, recommended a Specific Area Plan for the area generally betaeen Elm Avenue and Tamarack Avenue, and between Pio Pica Drive and Adams Street. The proposed plan would have - a. Limited residential densities to 20 du/ac. or less. a b. Specified land uses which could have been emploved adjacent to a freeway, and which would be compatible with.the surroundino residential. neighborhoods. This program was never taken to public hearing because the Planning Commission felt it should be incorporated into the existino General Plan revision-program. 3. The City Council in May of 1972 imposed a 3 months mori- torium on any reclassification in the vicinity of City Hall until such time as a "Civic Center Overlay" Study and accompanying zoning recommendations could-be presented to the-planning Commission and City Council. The purpose of the Overlay Study was to assess the .- -4 Au4q;s; 29, 1973 . . - . requirements of City Hall expansi0.n and at the same time recommend land uses and zoning for the surrounding properties. To date, that study has not been accomplished, and th.e Planning Commission was of the opinion again that the decision on the Malone-Rick and blatson applications should be held in abeyance, or denied, until such time as a viable Civic Center Study can be accomplished. This study would, of necessity, be a portion of the General Plan Land Use Amendment recommendations. An additional concern addressed the Cit.y's existing commercial commitment to the downtown, and the impact of the- proposed commercial . applica,tions to that commitment. The Commission was in basic agreement that land uses other than residential should be employed adjacent to City Yall (i.e.professional). However, because of the lack of a defined Civic Center Circulation. and Land Use Plan, and the inability of existing zoning ordinances to curb the development of unplanned commercial activities in the. Civic Center area, denial was an appropriate course of action. Until such plans, programs and ordinances are developed, any activity east of the freeway, and adjacent to the Civic Center Complex, should not be considered. Respectfully submitte,d, Planning Director . . # :’ $i()j-ICE 0’ pij3iiC SE,?,7 !G . ‘- --4 -. . . NOTICE IS HERESY GIVEN that the Planning Commission of the City of Carlsbad, will hold a Public Hearing on July IO, 1973, -. at 7:30 P.r4. in the Council Chambers, 1200 Elm Avenue, Carlsbad, California,to consider'thc followin$.matters: - 7 . Lc.4-22 T,i , I- I IIL f?lwelt, c+.t+wew SP-127 IHE i:IALO;i; C&PArIY applications filed by E-C. Halone, requesting Change of Zone from R-3 (Mulitple Family Residential) to C-Z ( General Commercial) to. allow development of professional office and rekai? ‘commercial property on property generally located on the-east side of Pie Pica Drive between Oak Street and Elm'Avenue, and more particularly described as follows: _' Parcel "A" as shown on Parcel f4ap No, 716, . filed January 20, 1972, in the Office of the Recorder of San Diego County, State-of Cali- fornia. Those persons desiring to comment on this proposed Specific Plan are cordially invited to attend the Public Hearing. - ._. .: .-. CARLSPAD CITY PLANNING CO$V4ISSION t PUSLISH: June 28, 197'3 Nay 30, .1973 c - Jo6 Number 4502 - PROPERTY OWNERS' LIST WITHIN 300' RI1DIUS OF REZONE AREA - OAK AVENUE AT PI0 PICO BOULEVARD Parcel Number 1 Assessor's Number 156-180-28 156-180-30 2 156-180-37 5 156-180-09 6 156-180-10 7 156-180-11 8 156-180-22 9 10 205-020-03 205-020-01 156-180-23 156-180-36 \J’ Owner ,f’ A ;. i’ 1:. ;/ ,1 _I /? ‘J Y C. J. Heltibridle 1520 Hunsaker StreetSdEJ Oceanside, California y Carlsbad Investment Corp. P.O. Box 275 Carlsbad, California Bruno B. & Liselotte Kueh 2907 West 135th Place Gardena, California90Lff Albert J. Freiburger 1212 Oak Avenue Carlsbad, California Treno & Imogene Munoz 1168 Oak Avenue Carlsbad, California Allen M. & Mary Turley, 1158 Oak Avenue Carlsbad, California ct Carlsbad Investment Corp. P.O. Box 275 Carlsbad, California Elizabeth EI Hanson 1199 Oak Avenue Carlsbad, California Enily Mclean C/O Joyce W. Smith, -'- Estate Of 2815 Jefferson Street Carlsbad, California Xi& Engineering.Comp y l Nay 30, 1973 -. r -Job Number 4502 Page 2 Parcel Number 11 205-020-26 12 13 14 15 16 205-020-32 17 18 19 156-180-15' 20 Assessor's Number 205-020-27 205-020'28 205-020-29 205-020-33 205-020-30 '156-180-25 (Per County Assessor's Office) I declare to the best of my knowledge that i -‘. J’ g \/ s’ %.*. Owner Emil H. & Cleona Obryant 1155 Oak Avenue Carlsbad, California Alice A. Deboer 4025 Arizona Street,#20 San Diego, California (j‘zoy Charles & Marie Nissen 1103 Oak Avenue Carlsbad, California Evelyn R. Simpson 1095 Oak Avenue Carlsbad, California Paul C. & Lillian Batterman 1198 Pine Avenue Carlsbad, California Aimee M. King 1190 Pine Street Carlsbad, California Montimer W. Bondy Prospect Manor 800 Prospect Street South Pasadena, Californ: 9fO-J O State Highway 5 XI-SD-2B Ralph & Marjorie Shick 5702 Soledad Road La Jolla, California 4937 Highway Opening as of 1969 the foregoing is an accurate list taken from the latest equalized assessment roll on file in the Office of the Assessor of San Diego County. j\ RCL/JR:ljy -. y:%, 1 ., ? c ) .+;,-:‘P 2. .z.‘- .~.~ *;;;f’” CL& 1 ; ;I11 ’ ;: I i--j 2 “’ 1 .s:;; co pp --.:i CL? ’ > If’, 7 ,;.:g/ l!) i’;:. / I ‘.. 2 I f2.l t 1 3 0’ I Cl _ $: : _j &w%“. ; ,- .\’ ; * __;.. /1,1 B;? Y.-r’.-. ..I’ c.> --,; . ‘..“-.s,“‘._, _, NOTICE OF APPEAL NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad will hold a Public Hearing on Tuesday, September 4, 1973, at 7:30 P. M. in the Council Chambers, 1200 Elm Avenue, Carlsbad, California, to consider the following matter: CASE NO. ZC-122 THE MALONE COMPANY regarding applications filed by E. C. MALONE, requesting Change of Zone from R-3 (Multiple Family Residential) to C-2 (General Commercial) to allow development of professional office and retail commercial property on property generally located on the east side of Pio Pica Drive between Oak Street and Elm Avenue, and more particularly described as follows: Parcel "A" as shown on Parcel Map No. 716, filed January 20, 1972, in the Office of the Recorder of San Diego County, State of California. Those persons desiring to comment on this appeal are cordially invited to attend. CARLSBAD CITY COUNCIL PUBLISH: August 23, 1973 c /’ - Affidavit of Publication STATE OF CALIFORNIA County of San Diego i ss l PELric ‘_:3, ‘.‘anniq . . .._.........._..............~... .- .._...............................~...~. _..._I... .~....-..--..-.~.--..-..---.-....-.-..-....-.-..., says that she is the Principal Clerk of The Carlsbad Journal, a weekly newspaper of general circulation, printed and published in the City of Carl&ad, County of San Diego. and State of California, annexed is a trutGopy, was published ..--.- and that the notice of which?:he CQne.... . . . . times in said newspaper, commencing on the ______........_ day of ____._____.________.......... I?.: ___......._ _ . ..----.-......-...-....-.. A.D. 19 73 . . . ..--. namely on the following dates: II rc id NOTICE OF APPEAL 7’ . \ ., 3 NOTICE IS HEREBY GIVEN that the City Council . . ” ‘of the City of Carlsbad will hold a Public Hearing on *a 11 Tuesday, September 4, 1973, at 7:30 P.M. in the ; Council Chambers, 1200 Elm Avenue, Carlsbad, Cali- * L fornia, to consider the following matter: iLUg.23,1973 -............................................................. I . . . . - ___. I . . . . -..-.-...- . . . . -...- . . . . . * CASE NO. K-122 THE MALONE COMPANY * I . I regarding applications filed by E. C. MALONE, re- * I questing Change of Zone from R-3 (Multiple Family- . I Residential) to C-2 (General Commercial) to allow I m development of professional office and retail com- ” : mercial property on property generally located on . the east side of Pio Pica Drive between Oak Street : and Elm Avenue, and more particularly described ” * as follows: * c- Parcel “A” as shown on Parcel Map No. 716, fil- -‘ti 1 January 20, 1972, in the Office of the Recorder / of San Diego County, State of California. Irrr . ! Those persons desiring to comment on this appeal F I are cordially invited to attend. q 1 . CARLSBAD CITY COUNCIL t, Pub: August 23, 1973. Legal Decree No. 172342 . . . . . . . . . . . . . . . _ . . . . _ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . - . . . . - . . . . . . . . . . . ..___. _ . . . . - . . . . - . . . . I . . . . - . . . . . _..._...-..__-.... - . ..-..............__.....--.-.--.... -..- . . ..-....-..............-....---.--....- . . . . . . . . ..___._..._.-.............................-.....-........_......-......-..........-....-.... - ..-. . . . . . . . .._........._ - . . . . - . . . . . - . . .._........... -...-.__...-___.___..-.-..- . . . . . . . . m.-.m.w--.w-..--. _._............................................... - . . . . . . . . . . ..__..__..... _ _._-._........-..... - .-.. --.... _ . . . . . . . . . . . . . . . . . ._ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . _.__.____ . . ._ . . . . _....-...._ 23 Signed at Carlsbad, California this .____-.._...___........ day of .._. _ ._._.___._ ?? .._._....... __ . . . . . . . . . . . . ..-.........---.-... I9 1.x I hereby declare under penalty of perjury that the foregoing is true and correct. 9 J& * _._.___._ ./.a __....... ?ix.a, . . . 7lp . ..&.*a.cL:Ii PrincifLl.“.‘i;’ . . ..- er /---- “’ 1-1 - - (’ NOTICE f)F piJgLIc YE:’ - F!; NOTICE IS HE2EB'I GIVEN that the Planning Commission of the City of Carlsbad, California, will hold a Public Hearinq on September 13, 1973, at 7330 P.H., in the City Council Chambers, 1200 Elm Avenue, Carlsbad, California, to considtzr the following: CASE ili0. SP- 126 COLONIAL MALL application filed by Robert L. Watson requestinq Adoption of a Specific Plan to allow a Commercial/professional development on property generally located on the south side of Elm Avenue between Pio Pica Drive and Highland Drive, and more particularly described as: That portion of Lots 17 to 24, inclusive, in B'lock 86 of the Town of Carlsbad, in the County of San Diego, State of California, according to map thereof No. 535, filed in the office of the County Recorder of San Diego County, ?1ay 2, 1888: TOGETHEf? WITH a portion of Tract 115 of the Town of Carlsbad, County of San Diego,State of California, according to map thereof No. 775, filed in the Office of the County Pecorder of San Diego County, February 15, 1894. Those persons desiring to comment on the proposed Specific Plan are cordially invited to attend the Public Fearino. CARLSRAD CITY PLANNING CO??MISSIOU PUBLISH: September 13, 1973 .* .* . i -\ COLOSIAL :%LL, LTD. S?::~:i'I~>~tLrW ?X?PEXTY LIST + '-;/ 17.:. ,>', 6' i -' :, 1. 156-180-23-24 Colonial Z’all, Ltd c : 'Post Office Zox 275, Carlsbad, California 92003 2. 156~l.SrJ-20 Eugene & Grace EolzenSerc: ' 1241 Elm Avenue, Carlsbad, California 92008 3. 156-180-21 Opal I,!. Law / fast Office Box 306, Carlsbad, California 9200s 4. State of California, Department of Public :t!orks L Division of Elighways, c/o Edward J. Xanartowich 4075 Taylor Street, San Diego, California $Zllb 5. 156-180-11-22 Carlsbad Investment Corporation L Xayside Inn, Post Office Box 275, Carlsbad, California 92008 6. 156-18(3-10 4' Allen & Ilary Turley 1158 Oak Avenue, Carlsbad, California 92008 7. 156-180-9 Treno C Tnogene Ffunoz y 1168 Oak Avenue, Carlsbad, California 92008 3, 156-180-36-35 Albert 3. Preiburger ' 1212 Oak Avenue, Carlsbad, California 92033 9. 156-190-40 Yargaret Chrisman v 8.534 E. Fairview Street, San Gabriel, California 91776 10. 156-190-27 Don & Lois Chaplen i 1264 Oak Avenue, CarLsbad, California 92008 11. 156-190-26 Eva Waener .3 c 112 North Fifth Street, Apartrent L, Alhmbra, California 91501 12. 205-020-30 Xontimer Eondy, Elise Acheson, Louise Eousen b Prospect Manor, 800 Prospect Street, South Pasadena, Calif, 91030 13. 205-020-29 Evelyn Simpson v 1095 Oak Avenue, Carlsbad, California 92003 14. 205-020-25 Charles & Narie Xissen ' 1103 Oak Avenue, Carlsbad, California 92003 15, 205-020-27 u_ Alofs 0 Alice Deboer 4025 Arizona Street, ,Ipartzent 20, San iji.2~0, Cafif, 921% z ! .- 161 17. 13. 19. 20. 21. 22. , . CCLOKIAL X!Li LTT). S?SCI??IC FLL,G ??.O?BRTY LIST ( COXJTIXIY~) 205-020-26 Eni1 & Cleona O'Sryant ,' 1155 Oak Avenue, Carlsbad, California 92OOS 205-020-l Emily NcLean, c/o Joyce Smith 2315 Jefferson Street, Carlsbad, California 92003 205-020-3 205-020-5 Elizabeth Ranson ‘ 1199 Oak Avenue, Carlsbad, California 92008 Olin h Sharon Dewitt II 1215 Oak Avenue, Carlsbad, California 92008 205-020-7 Xarion &burn ' 3930 Hibiscus Circle, Carlsbad, California 92008 205020-9 Gerald & Dorothy Holmes ' 1344 Pine Avenue, Carlsbad, California 92008 156-180-15-30-26-28 (_ Heltibridle & Shick [ Ralph & ?!arjorie Shick 5702 Soledad Road, La Jolla, California 92037 C. J. Heltibridle ' 1520 Hunsaker Street, Oceanside, California 92054 ? _ i,. Tr ,IJf, ,i$ ;,: : ii’ ;; i; .’ f., r,, ,,,, i’!“‘rl’l -4 ‘~ i 1 b; rl ,I,. / 3 f \ i R/% :n’J‘- i 6 ‘J “\, . \6 I4 \ T \ P .3 (9