HomeMy WebLinkAbout1975-04-01; City Council; 3328; Request for Approval of a Zone Change ZC-152 and an amendment to Specific Plan SP 25A,/Aginda Bill No. 33 _ • ... ^ Date: Aprii if 197S
Referred toV
Subject: Request for approval of a zone change - ZC-152 - and an
amendment to a specific plan - SP-25(A)
Applicant: Robert L. Watson, for Carlsbad Investment Corporation
Submitted by:
Planning Conwission
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Statement of the Matter: The Planning Commission held a Public Hearing March 11,
1975 on the subject request. After receiving testimony and Planning Commission
discussion, the Planning Commission is- recommending approval of Zone Change 152
and Specific Plan Amendment SP-25(A) on property located at 3150 Pio Pico Drive
between Elm Avenue and Oak Avenue.
The parcel to be rezoned is the back half of a lot addressed as 1158 Oak Avenue.
A parcel map has been recorded which separates the vacant portion of the lot
(approximately 6500 sq. ft.) from the house which fronts Oak Avenue.
The project will provide 6,507 sq. ft. of additional parking (15 spaces) for a
proposed 850 sq. ft. enlargement of the Wayside Inn. The Specific Plan must be
amended to include the additional parking area and expansion of the existing
restaurant facility. The Specific Plan will restrict the use of the 6,507 sq, ft,
to parking only.
The applicant has met all ordinances and policies, including Public Facilities, of
the City of Carlsbad. .
Exhibit;
Staff report dated March 11, 1975
Planning Commission Resolution No. 1140 and No. 1141
Plot Plan, ZC-152, labeled Exhibit A, 1/31/75
Site Plan, SP-25(A), labeled Exhibit A, 1/31/75
Staff Recommendations to City Manager: Staff recommends that ZC-152 and SP-25(A)
be approved for the reasons outlined in Planning Commission Resolutions No. 1140
and 1141. If the City Council concurs with the Planning Commission recommendation,
the Council should direct the City Attorney to prepare the necessary documents as
stated.
'"*«,,. .id"
AB NO.Date: April 1, 1975
City Manager's Recommendation
Concur with staff.
Council ' Acti-on
4-1-75 The s-taff was directed to prepare the documents necessary for approval
of the zone change and the amendment to the Specific PIan-SP-25(A)
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CITY OF CARLSBAD
PLANNING DEPARTMENT
STAFF REPORT
March 11, 1975
TO: PLANNING COMMISSION
FROM: PLANNING DEPARTMENT
REPORT ON: ZONE CHANGE 152
SPECIFIC PLAN 25(A) - WAYSIDE INN
APPLICANT: ROBERT L. WATSON, for
Carlsbad Investment Corporation
P. 0. Box 275
Carlsbad, California 92008
I. REQUEST: The applicant is requesting approval of:
(1) A Zone Change from R-l-7500 to C-2 on a 6,507 sq. ft. piece of
property;
(2) An amendment to existing Specific Plan No. 25 to allow that piece
of property being rezoned to become part of that specific plan
(for additional parking purposes) and also to allow an 870 sq. ft.
addition to the existing restaurant building;
on property located at 3150 Pio Pico Drive, between Elm Avenue and Oak
Avenue.
II. RECOMMENDATIONS:
A. Zone Change 152 - Staff recommends that ZC-152 as shown on the
plot plan labeled Exhibit A, dated 1/31/75, be APPROVED based on
the following justifications:
(1) The zone change complies with the Carlsbad General Plan and
Public Facilities Policy.
(2) The zone change complies with all Municipal Code requirements.
B. Specific Plan 25(A) - Staff recommends that SP-25(A) be APPROVED
based on the following justifications:
(1) The amendment is consistent with the adopted Specific Plan for
the project.
(2) The additional parking will help relieve crowded conditions for
the existing parking.
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(3) The amendment is consistent with the Carlsbad General Plan.
Recommended Conditions of Approval:
1. The approval is granted for the land described in the application
and any attachments thereto, and as shown on the plot plan submitted
labeled Exhibit A, 1/31/75. 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
labeleled Exhibit A, except or unless indicated otherwise herein.
2. Unless the construction of the structure or facility is commenced
not later than one year after the date the approval is granted and
is diligently pursued thereafter, this approval will automatically
become null and void.
3. 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.
III. BACKGROUND:
A. Location: The portion to be rezoned was formerly the back half of a
lot addressed as 1158 Oak Avenue. The remainder of the project is
the development known as the Wayside Inn which is located at 3150
Pio Pico Drive.
B. Legal Description: All that portion of Tract 115 of the City of
Carlsbad being Map No. 775 filed in the Office of the San Diego
County Recorder February 15, 1894.
C. Site Description: The portion of the site to be rezoned is vacant.
The rest of the site is occupied by the Wayside Inn and its parking
lot.
D. Project Description: The project, in the simplest sense, is to enlarge
the existing Wayside Inn building by 850 sq. ft. and to add 6,507
sq. ft. of land to the existing lot to provide for additional parking.
In order to do this, the applicant must accomplish the following things:
(1) He must obtain the City's approval of a Final Parcel Map adding
the 6,507 sq. ft. portion to the existing Wayside Inn lot. (The
tentative parcel map has already been approved);
(2) The 6,507 sq. ft. portion must be rezoned to C-2 to allow construction
of the parking lot;
(3) The Specific Plan must be amended to include the additional parking
area and expansion of the existing structure.
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E. Zoning:
Subject Property: C-2 and R-l-7500
North: C-2
South: C-2
East: R-l-7500
West: C-l
F. Surrounding Land Use: The project is bounded by the Colonial Mall to
the north, a service station to the west, the Rick Engineering building
to the south and the back portions of single family lots to the east.
6. General Plan Recommendation: The Land Use Element of the General Plan
shows the corner lots at Oak and Pio Pico as "Travel Services and
Traffic Dependent" commercial and the lots fronting on Oak as residential
medium density. The Element notes that the land use boundaries are
not meant to be precise, but instead should follow a reasonable
transition of uses. The proposed area to be rezoned would not increase
commercial frontage on Oak and it would be committed to parking only,
through application of the Specific Plan. Since the property would
become a part of the existing Wayside Inn lot, staff believes that the
zone change is consistent with the General Plan.
H. Environmental Impact Consideration: The applicant has submitted
environmental impact information to the City. The project was declared
to have a non-significant effect on the environment because the project
is small in scale and will not substantially change the existing use.
I. Public Facilities Policy: The project will not appreciably alter the
level of public services provided to the present use. All necessary
public improvements were provided with construction of the existing use.
IV. MAJOR PLANNING CONSIDERATION: The major issue with this project is one of
General Plan interpretation. The Planning Commission is quite familiar with
the controversy concerning the encroachment of commercial uses east of Pio
Pico. Staff believes that adding a 6,507 sq. ft. piece of land to an
existing commercial lot is consistent with the concept of "reasonable
transition of uses". The Commission should be careful to note the distinction
between boundary interpretation and actual expansion of land use areas.
V. DISCUSSION OF SPECIFIC ITEMS There are a number of minor problems with the
parking layout as proposed. In some cases, dimensions for stalls, planters
and aisles are inadequate. However, these matters are covered by Ordinance
and can be corrected at the time of building permit application.
DH/br - 2/6/75
ATTACHMENTS:
Plot Plan, ZC-152, labeled Exhibit A, 1/31/75
Site Plan, SP-25(A), labeled Exhibit A, 1/31/75
City Council Ordinance 9294
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ORDINANCE NO. 9294 .
• AN ORDINANCE OF THE CITY COUNCIL ADOPTING
A SPECIFIC PLAN ON PROPERTY LOCATED BETWEEN
PIO PICO DRIVE AND OAK A.VENUE.
(Carlsbad Investment Co.)
The City Council of'the City of Carlsbad, California, DOES
ORDAIN that a Specific Plan for the hereinafter described real
property be adopted in.the following particulc^s:
SECTION 1. PROPERTY DESCRIPTION. All that portion of Tract
115'of the Town of Carlsbad, in the County of San Diego, State of
California, according to amended map of the Town of Carlsbad, being
Map No. 775, filed in the Office of the County Recorder of San
Diego County, February 15, 1894, more completely described in
application on file in the Office of the City Clerk.
SECTION 2. GENERAL CONDITIONS. The Specific Plan, marked
Exhibit "A", attached hereto, entitled "Specific Plan for R.L.
Watson" (Carlsbad Investment Co.), is subject to the following
conditions and restrictions: -.'•'.
A. The development of the property described in Section 1
.hereof shall be subject to the restrictions and limitations set
forth herein which are in addition to all of the requirements,
limitations and restrictions of all municipal ordinances a-nd State
and Federal statutes now in force, or which hereafter may be in
force for the purpose of preserving the residential characteristics
of adjacent properties. .
B. All public improvements shall be made in conformity with
the Subdivision Ordinance and other'City standards to the satisfac-
tion of the City Engineer, without cost.to the City of Carlsbad,
and free of all liens and encumbrances.
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C. All land an/or easements required by this Ordinance shall
be granted to the City of CarVsbad without cost to the City and
free of all liens and encumbrances,
SECTION 3. PRIVATE DEVELOPMENT CONDITIONS. The following
conditions shall apply with respect to any development after the
effective date of this Ordinance of the property described in
Section 1 hereof:
A. Landscape and sprinkler plans including specifications
for their construction shall be submitted to the Parks and Recrea-
tion Director for approval prior to their installation and prior
to the issuance of an occupancy permit.
B. Schedules for maintenance, designating individual responsi
bilities for same shall also be submitted for approval to the Parks
and Recreation Director prior to the issuance of an occupancy permit
C. That the concept presented on the Specific Plan, Exhibit
•"A", shall be adopted. Any deviation from the Specific Plan- shall
be subject to the review and approval of the Planning Department.
D. That a 10' landscaped area shall be developed on the Oak
Avenue frontage; the 10' shall be measured from the property line
to the proposed fence line.
E. Sidewalk.,ornamental street lights and street trees shall
constructed on Pio Pico Drive in accordance with City standards.
F. A future improvement agreement to improve Oak Avenue to
.city standards shall be entered into by owner an'd shall be a record-
able encumbrance against the property. Access rights to oak Avenue
shall be dedicated to the City.
G. Existing water mains to Pio Pico Drive and Oak Avenue are
adequate for this development. Laterals for domestic water service
and public fire hydrants shall be installed per City specificiation
Fire hydrant locations will be determined by the Fire Chief.
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H. There is no sewer available in Pio Pico Avenue. Sewer
is available in Oak Avenue and i's adequate to serve this developmen
An industrial waste permit will be required due to the proposed
use.
I. This parcel shall be graded to drain to Pio Pico through
the driveway.
J. A parcel map shall be filed in accordance to the State
Map Act.
K. The building shall be provided with an underground
utility service.
L. All signs shall be subject to the approval of the Plann-
ing Department and shall be in compliance with the sign ordinance,
as interpreted by the City Attorney.
SECTION 4. REQUIRED PUBLIC IMPROVEMENTS BEFORE ISSUANCE
Of BUILDING PERMIT. The following shall be granted to the City of
Carlsbad be'fore any building permit will be issued for the devel-
opment of the property described in .Section 1 hereof:
A. All street improvements including water, sewer, under-
ground power and telephone, street tree planting, street light,
storm drain and any other improvements deemed necessary by the
City Engineer shall be installed in conformance with City standards
and i.ndicated on an approved improvement plan prior to the issuance
of a building permit. • .
B. All lands necessary for street widening'shal1 be dedica-
ted to the City of Carlsbad prior to approval of said improvement
plan.
C. A grading plan shall be submitted prior to the issuance.
of a building permit.
. SECTION 5. ADMINISTRATION AND ENFORCEMENT. The Building
Department shall not approve any building foj- occupancy until the
Planning Director has certified that all the conditions of this
ordinance have been satisfied.
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The Planning Director of the Ci'ty of Carlsbad is designated
as the enforcing officer of this Specific Plan. His decision shall
be final as to whether the .subject property has been properly
developed and improved. However, the owners of the subject property
may appeal to the City Council any decision of the Planning
Director relative to this Specific Plan. Such appeal shall be in
writing and filed with the City Clerk within 10 days following
the receipt of the decision of the Planning Director. The City
Council's decision shall be final.
SECTION 6. EFFECTIVE DATE. This Ordinance shall be
effective 30 days after its adoption. The City Clerk of the City
of Carlsbad shall certify to the adoption of this Ordinance and
cause it to be published once in the Carlsbad Journal within
fifteen (1.5) days after its adoption.
INTRODUCED AND FIRST READ at a regular meeting of the City
Council of the City of Carlsbad, California, held on the 7th day .
of March, 1972, and thereafter PASSED AND ADOPTED at a regular
meeting of said City Council on the 21st of March, 1972,.by the
following vote, to wit:
AYES: Cmh. Dunne, McComas, Jardine and Lewis.
NOES: None.
ABSENT: Cmn. Castro.
Eayor-
ATTEST:
(SEAL1
i~ ADAMS, < Ci ty Clerk
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Y
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PLANNING COMMISSION RESOLUTION NO. 1140
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF CARLSBAD, CALIFORNIA, CONCERNING APPROVAL OF A
ZONE CHANGE FROM R-l-7500 TO C-2 ON A 6,507 SQ. FT.
PIECE OF PROPERTY LOCATED AT 3150 PIO PICO DRIVE,
BETWEEN ELM AVENUE AND OAK AVENUE. CASE NO. ZC-152,
APPLICANT: ROBERT L. WATSON, FOR CARLSBAD INVESTMENT
CORPORATION
WHEREAS, a verified application for a certain property, to wit:
All that portion of Tract 115 of the City of Carlsbad being
Map No. 775 filed in the office of the San Diego County
Recorder February 15, 1894;
has been filed with the City of Carlsbad and referred to the Planning Commission
and
WHEREAS, said verified application constitutes a request as provided by
Title 21 of the "Carlsbad Municipal Code"; and
WHEREAS, the public hearing was held at the time and in the place specified
in said notice on March 11, 1975; and
WHEREAS, the applicant has complied with the Public Facility Policy of the
City of Carlsbad and has provided the necessary information which insures Public
Facilities will be available and current with need; and
WHEREAS, the subject application has complied with the requirements of the
City of Carlsbad "Environmental Protection Ordinance of 1972". The project was
declared to have a non-significant effect on the environment because the project
is small in scale and will not substantially change the existing use; and
WHEREAS, at said public hearing, upon hearing and considering the testimony
and arguments, if any, of all persons who desired to be heard, said Commission
considered all factors relating to the Zone Change and found the following
facts and reasons to exist:
1. The Zone Change complies with the Carlsbad General Plan and Public
Facilities Policy;
2. The Zone Change complies with all Municipal Code requirements.\
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of
Carlsbad as follows:
A) That the above recitations are true and correct.
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B) That a Zone Change is approved from R-1-7500 to C-2 on a 6,507 sq. ft.
piece of property located at 3150 Pio Pico Drive, between Elm Avenue
and Oak Avenue.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City of Carlsbad
Planning Commission held on March 11, 1975 by the following vote, to wit:
•:v AYES: Commissioners Dominguez, Fikes, Jose, L'Heureux, Watson, Wrench
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; NOES: None
ABSENT: None
ABSTAIN: None
Gary Wrench, Chairman
ATTEST:
Donald A. Agatep, Secretat
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PLANNING COMMISSION RESOLUTION NO. 1141
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF CARLSBAD, CALIFORNIA, CONCERNING THE AMENDMENT
TO SPECIFIC PLAN 25 ALLOWING THAT PIECE OF PROPERTY
BEING REZONED {CASE NO. ZC-152) TO BECOME PART OF
THAT SPECIFIC PLAN (FOR ADDITIONAL PARKING PURPOSES)
AND ALSO TO ALLOW AN 870 SQ. FT. ADDITION TO THE
EXISTING RESTAURANT BUILDING ON PROPERTY LOCATED AT
/. 3150 PIO PICO, BETWEEN ELM AVENUE AND OAK AVENUE.
i CASE NO. SP-25{A), APPLICANT: ROBERT L. WATSON, FOR
CARLSBAD INVESTMENT CORPORATION
WHEREAS, a verified application for a certain property, to wit:
All that portion of Tract 115 of the City of Carlsbad, Map
No. 775 filed in the office of the San Diego County Recorder
February 15, 1894;
has been filed with the City of Carlsbad, and referred to the Planning Cownission;
and
WHEREAS, said verified application constitutes a request as provided by
Title 21 of the "Carlsbad Municipal Code"; and
WHEREAS, the public hearing was held at the time and in the place
specified in said notice on March 11, 1975; and
WHEREAS, the applicant has complied with the Public Facilities Policy of
the City of Carlsbad and has provided the necessary information which insures
Public Facilities will be available and current with need; and
WHEREAS, the subject application has complied with the requirements of the
City of Carlsbad "Environmental Protection Ordinance of 1972". The project was
declared to have a non-significant effect on the environment because the projectf
is small in scale and will not substantially change the existing use; and
WHEREAS, at said public hearing, upon hearing and considering the
testimony and arguments, if any, of all persons who desired to be heari, said
Commission considered all factors relating to the Amendment to the Specific Plan
and found the following facts and reasons to exist:
1. The amendment is consistent with the adopted Specific Plan for the
project.
2. The additional parking will help relieve crowded conditions for the
existing parking.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of
Carlsbad as follows:
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A) That the above recitations are true and correct.
B) That an amendment to Specific Plan 25 is approved to allow that piece
of property being rezoned (Case No. ZC-152) to become part of that
Specific Plan (for additional parking purposes) and also to allow an
870 sq. ft. addition to the existing restaurant building on property
located at 3150 Pio Pico between Elm Avenue and Oak Avenue and is
subject to the following conditions:
1. The approval is granted for the land described in the application
and any attachments thereto, and as shown on the plot plan
submitted labeled Exhibit A, 1/31/75, on file in the Planning
Department. The location of all buildings, fences, signs, road-
ways, parking areas, landscaping, and other facilities or feature
shall be located substantially as shown on the plot plan labeled
Exhibit A, except or unless indicated otherwise herein.
2. Unless the construction of the structure or facility is commenced
not later than one year after the date the approval is granted
and is diligently pursued thereafter, this approval will auto-
matically become null and void.
3. 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.
4. The applicant shall file a reciprocal parking agreement with the
City concerning joint use of the additional parking areas between
15 the subject property and the project approved by Specific Plan
126.
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17 PASSED, APPROVED AND ADOPTED at a regular meeting of the City of Carlsbad
18 Planning Commission held on March 11, 1975 by the following vote, to wit:.
19 AYES: Commissioners Dominguez, Fikes, Jose, L'Heureux, Wrench
20 NOES: None
21 ABSENT: None
22 ABSTAIN: Commissioner Watson
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Gary Wrench, Chairman
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27 ATTEST:
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Donald A. Agatep, Secretary
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