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
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Submitted By:
c.0 . of Planning Commission Adtion re: Zen;? Change and Specific
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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 *
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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
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P 1 ann i ng Comm ission’s reasons for denial set out in Resolution.
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is No. .$ 1 .
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Date. Sept. 4, 1973
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city f-fanaqer's Reco?nmendation .- . .
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. . .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 .
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-Council-Action
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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. .
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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.
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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.
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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.
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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. .: -..:
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‘,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$rion may Find to bc rimihr in chrractrr to ihc uses. including acccwxy UYI. cnumcratrd in this wction al:d consir:clrt with the purpoac and intent of this zone. Ilx adopted resolution cmbodGorsurb.finrline.~aU bc filed in the olficc of the City Clerk. ‘6 t
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ENVIRONMENTAL PR0TECTfOU ACT OF 1972
ENDORSEMENT OF COH?LIANCE -
APPLICANT @CK E3 c/ix- .
TYPE OF PERMITzD&5 c5&!~,(;&&- & 22 E&i Ftc uc-Y4d
FILE NO. ~--k%$ 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.)
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WHEREAS, the Planning Commission of the City of Carlshad,
August, 1973, hold a duly
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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:
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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
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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.
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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
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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.
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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
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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,.
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