HomeMy WebLinkAbout1980-10-28; City Council; 6402; Zone Change/10 Unit tract map/ Condominium permitINITIAL
AGENDA BILL NO. £? V<9<2
DATE: October 28, 1980'
DEPARTMENT: PLANNING
Dept. Hd.fcfc _(<o^
Cty. Atty. K/<5
— 1iCty. Mgr/^7 /P~~~
SUBJECT:ZONE CHANGE FROM R-3 TO R-P-Q AND 10 UNIT TRACT MAP AND OFFICE
CONDOMINIUM PERMIT.
APPLICANT: FREEHOF CASE NO: ZC-205/CT 80-40/CP-130
STATEMENT OF THE MATTER
The applicant is requesting approval of a zone change from R-3 to R-P-Q and a 10
unit airspace subdivision and office condominium permit on property located on the
southeast corner of Pio Pico Drive and Chestnut Avenue.
The Planning Commission found that the proposed R-P-Q zone is consistent with the
Recreation Commercial/Office Professional designation of the General Plan and that
uses allowed in the R-P-Q zone are compatible with surrounding land uses. At
their meeting, the Commission concurrently approved a Site Development Plan for
a professional office complex and a Variance to allow encroachment of parking into
the required sideyard setback.
The Planning Commission modified Condition'No. 5 of Resolution No. 171.0 ensuring
the establishment of an owners association to maintain common areas. Also, the
Planning Commission made a minute motion recommending that the City Council
prohibit parking on the curb return of Pio Pico Drive and Chestnut Avenue.
No opposition was voiced during the public hearing. Further, the Planning
Director has determined that the project will not create an adverse impact on the
environment, and therefore, has issued a Negative Declaration on May 8, 1980.
Through staff review and Planning Commission hearing, all issues on this matter
have been satisfactorily resolved.
EXHIBITS
1. PC Resolution No. 1708, dated October 8, 1980
2. PC Resolution No. 1710, dated October 8, 1980
3. Staff Report, dated 10/8/80
4. Exhibits "A"-"E", dated September 17, 1980
5. Exhibit "F", dated September 19, 1980 -
RECOMMENDATION
Both the planning staff and Planning Commission recommend that this application
be APPROVED and that the City Attorney be directed to prepare documents APPROVING
ZC-205/CT 80-40/CP-130, per Planning Commission Resolution Nos: 1708 and 1710.
The Planning Commission recommends that the City Council take appropriate action
to prohibit parking along the curb return of Pio Pico Drive and Chestnut Avenue.
AGENDA BILL NO. 6402 Page 2
Council Action:
10-28-80 Council directed the City Attorney to prepare documents approving ZC-205/CT 80-40
and CP-130, to include a condition prohibiting parking along the curb return
of Pio Pico Drive and Chestnut Avenue, and conditioning the effective date of
the approval on the tentative map and condominium permit on the effective date
of the Zone Change.
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PLANNING COMMISSION RESOLUTION NO. 1708
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A ZONE
CHANGE FROM R-3 to R-P-Q ON PROPERTY GENERALLY
LOCATED ON THE SOUTHEAST CORNER OF CHESTNUT
AVENUE AND PIO PICO DRIVE.
APPLICANT: FREEHOF
CASE NO; ZC-205
WHEREAS, a verified application for certain property,
to
wit:
Portion of Lots 12 and 13 in Block "C" of the Resubdivision
of a portion of Alles Avocado Acres, Map No. 2027
has been filed with the City of Carlsbad, and referred to the
Planning Commission; and
WHEREAS, said application constitutes a request as provided
by Title 21 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did on the 8th day of
October, 1980, hold a duly noticed public hearing as prescribed
by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering
all testimony and arguments, if any, of all persons desiring to
be heard, said Commission considered all factors relating to the
Zone Change; and
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing,
the Commission recommends APPROVAL of ZC-205, based on the
following findings:
Findings:
1) That the proposed R-P-Q zone is consistent with the land use
designation of RC/O (Recreation Commercial/Office Professional)
for the subject site and with all other elements of the
general plan.
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2) That the uses allowed in the R-P-Q zone are compatible
with surrounding land uses and zoning.
3) That the Q overlay designation, requiring approval of a
site development plan, will ensure that development of the
property will not create substantial adverse impacts on
surrounding properties.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Planning Commission of the City of Carlsbad, California, held on
the 8th day of October, 1980, by the following vote, to witt
AYES:
NOES:
ABSENT: Commissioners Leeds and Friestedt.
ABSTAIN: None.
Commissioners Schick, Larson, Rombotis, Marcus
and Jose.
None.
EDWIN S. SCHICK, JR., Chairman
CARLSBAD PLANNING COMMISSION
ATTEST:
JAMES C. HAGAMAN, Secretary
CARLSBAD PLANNING COMMISSION
PC RESO #1708 -2-
3
1 PLANNING COMMISSION RESOLUTION NO. 1710
2 A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
3 APPROVAL OF A 10 UNIT AIR SPACE TENTATIVE TRACT
MAP AND OFFICE CONDOMINIUM PERMIT ON PROPERTY
4 LOCATED ON THE SOUTHEAST CORNER OF PIO PICO AND
CHESTNUT AVENUE.
5 APPLICANT: FREEHOF
CASE NO; CT 80-40/CP-130
6
WHEREAS, a verified application for certain property to,
7
wit:
8
Portion of Lots 12 and 13 in Block "C" of the Resubdivision
9 of a portion of Alles Avocado Acres, Map No. 2027
10 has been filed with the City of Carlsbad, and referred to the
11 Planning Commission; and
12 WHEREAS, said verified application constitutes a request as
13 provided by Title 21 of the Carlsbad Municipal Code; and
14 WHEREAS, the Planning Commission did, on the 8th day of
15 October, 1980, hold a duly noticed public hearing as prescribed
16 by law to consider said request; and
>£
17 WHEREAS, at said public hearing, upon hearing and considering
18 all testimony and arguments, if any, of all persons desiring to be
19 heard, said Commission considered all factors relating to the
20 Tentative Tract Map and Condominium Permit.
21 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
22 Commission as follows:
23 A) That the above recitations are true and correct.
24 B) That based on the evidence presented at the public hearing,
the Commission recommends APPROVAL of CT 80-40/CP-130, based
25 on the following findings and subject to the following
conditions:
26 I
Findings
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1) The proposed tentative map is consistent with the Land Use
28 Element of the General Plan.
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"V
X
2) The project, as conditioned, will have adequate street
improvements, dedications and access to serve the subject
project.
3) The site is physically suitable in size and shape for the
proposed development since sufficient public improvements
and adequate amenities necessary to serve all lots are
provided without the need for excessive modification to
the site.
4) The project will not cause any significant adverse environ-
mental impacts and the Planning Director has issued a
Conditional Negative Declaration (Log No. 698, dated 5/8/80)
5) The design of the subdivision will not cause any serious
health problems since the project meets all public health
requirements.
6) The project is consistent with all City Public Facility
Policies and Ordinances since:
a) The Planning Commission has, by inclusion of an
appropriate condition to this Tentative Subdivision
Map, insured that the final map will not be approved
unless the City Council finds that sewer service is
available to serve the project. In addition, the
Planning Commission has added a condition that a note
shall be placed on the final map that building permits
may not be issued for this project unless the City
Engineer determines that sewer service is available.
Since the final map cannot be approved and building
permits cannot be issued unless sewer service remains
available, the Planning Commission is satisfied that
the requirements of the Public Facilities Element of
the General Plan have been met insofar as they apply
to sewer service for this project.
7) The project meets all development standards and design
criteria of the condominium ordinance relative to a non-
residential condominium project.
Conditions
1)
2)
Approval is granted for CT 80-40, as shown on Exhibit "F",
dated 9/19/80, on file in the Planning Department and
incorporated by reference. Development shall occur sub-
stantially as shown on these exhibits unless otherwise noted
in these conditions.
This subdivision is approved upon the express condition that
the final map shall not be approved unless the City Council
finds as of the time of such approval that sewer service is
available to serve the subdivision.
PC RESO #1710 -2-
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3)
4)
5)
6)
This project is approved upon the express condition
that the applicant shall pay a public facilities fee as
required by City Council Policy No. 17, dated August
29, 1979, on file with the City Clerk and incorporated
herein by reference, and according to the agreement
executed by the applicant for payment of said fee a
copy of that agreement dated 2/27/80, is on file with
the City Clerk and is incorporated herein by reference.
If said fee is not paid as promised, this application
will not be consistent with the General Plan and approval
for this project shall be void.
The applicant shall prepare a reproducible mylar of the
final condominium site plan incorporating the conditions
contained herein. Said site plan shall be submitted to
and approved by the Planning Department prior to the
issuance of building permits.
The applicant shall establish an owners association with
corresponding covenants, conditions, and restrictions
to ensure maintenance of the common areas. Said CC&R'S
shall be submitted to and approved by the Planning
Department prior to final map approval.
In order to provide for fire protection during the
construction period, the applicant shall maintain
passable vehicular access to all buildings. In addition,
adequate fire hydrants with required fire flows shall
be installed on and off site as required by the Fire
Department.
The applicant shall install street trees to city spec-
ifications at 40 foot intervals along all public street
frontages prior to final occupancy of any building.
The variety of said trees shall be subject to the
approval of the Parks and Recreation Department.
All land and/or easements required by this subdivision shall
be granted to the city, without cost to the city, free of
all liens and encumbrances.
The developer shall receive the approval of the City
Engineer for a site grading plan and obtain a grading
permit prior to issuance of building permits.
Drainage improvements shall be constructed in accordance
with an approved plan, and the work shall be coordinated
with the overall plan for grading to the satisfaction
of the City Engineer.
The applicant shall construct a concrete sidewalk on Pio Pico
Drive to city standards prior to the final occupancy of any
buildings.
PC RESO #1710
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12) The applicant shall construct a wheelchair ramp on the corner
of the subject property prior to the final occupancy of any
buildings.
13) Medical and dental uses are specifically not allowed in this
professional office complex.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Planning Commission of the City of Carlsbad, California, held on
the 8th day of October, 1980, by the following vote, to wit:
i AYES: Commissioner Schick, Larson, Rombotis, Marcus and
Jose.
NOES: None.
ABSENT: Commissioner Leeds and Friestedt.
ABSTAIN: None.
EDWIN S. SCHICK, JR., Chairman
CARLSBAD PLANNING COMMISSION
ATTEST:
JAMES C. HAGAMAN, Secretary
CARLSBAD PLANNING COMMISSION
PC RESO §1710
,f
STAFF REPORT
DATE: October 8, 1980
TO: Planning Commission
FROM: Planning Department
SUBJECT: ZC-205. SDP 80-5. CT 80-40. CP-13Qr & V-313 -_FREEHOF
Request for approval of a Zone Change, Site Development
Plan, Tentative Tract Map, Condominium Permit and
Variance on property located on the southeast corner
of Pio Pico Drive and Chestnut Avenue.
I.PROJECT DESCRIPTION
The applicant is requesting approval of: 1) a Zone Change
from R-3 to R-P-Q; 2) a Site Development Plan, Tentative
Tract Map and Condominium Permit for a 17,104 sq.ft. professional
office building; and 3) a Variance to reduce the required
sideyard setback from 91 to 51 to allow the encroachment of
parking spaces on property located as described above. The
applicant's intent is to build a 10 unit condominium professional
office complex to allow separate ownership of airspace units
as shown on Exhibits "A", "B", & "C".
II. ANALYSIS
Pl'arining I s sue s
ZC-208
1) Is the proposed R-P-Q consistent with the General
Plan designation of RC/0 (Recreational Commercial/
Professional Office)?
2) Are uses allowed in the R-P-Q zone compatible with
surrounding land uses?
SDP 80-5/CT 80-40/CP-130
1) Is the development comprehensively designed and well
integrated to the site?
2) Is the development designed to reduce adverse impacts
on surrounding land uses?
V-313
1) Can the four mandatory findings for a variance be
made?
<
III. DISCUSSION
ZC-208
The general plan designation for the site is RC/0 (Recreation
Commercial/Professional Office). A combination designation
such as this is applied to an area which is suitable for both
recreation commercial and professional office uses. In this
case, the R-P-Q zone would be consistent with the professional
office portion of the general plan designation.
A primary concern of staff was whether the proposed R-P-Q zone
on this site would be compatible with surrounding zoning and
land use and whether it would constitute a spot zone. As
indicated on the background data sheet, surrounding zoning
consists of O-S and R-l to the north, R-3 to the south, R-l
to the east, and R-3 to the west. The most detrimental
impact of a spot zone is that it may allow uses which are
incompatible with surrounding land uses. The key consideration,
thus, is whether uses allowed in the R-P-Q zone, and in
particular professional office uses, are compatible with
surrounding land uses.
Surrounding land uses include a park and older single family
residence to the north, the Interstate 5 freeway to the west,
a Travelodge Motel to the south, and an older single family
residence to the east. Because of the proximity of Interstate
5 and the adjacent two collector streets, high density
residential units would not seem desirable at this location.
Professional office uses allowed by the R-P-Q zone would not be
severely impacted by either the freeway or the two collector
streets.
The key issue is whether professional office uses would
adversely impact the single family residences to the north
and east. Staff feels that the impact of professional offices
on the single family residences could be reduced to an
acceptable level by proper site planning and buffering.
The Q overlay which is being requested will require a site
development plan which can take these items into consideration.
In fact, such uses could serve as a noise and visual buffer
between the single family homes and the freeway. It appears
to staff that uses in the R-P-Q zone are compatible with
surrounding land uses and that the R-P-Q zone would not
create an adverse impact to surrounding land uses and zoning.
Staff is therefore recommending approval of the zone change.
SDP 80-5/CT 80-40/CP-130
As shown on Exhibits "A","B", & "C", the proposed building is
three stories in height consisting of a lower level parking
garage and second and third level office space. The parking
garage would accommodate 8 parking spaces to augment the 21
additional on-site spaces, thus, meeting the parking require-
ment of the R-P zone. The office space totals 11,447 sq.ft.
in area and will be divided into 10 separate ownership units
as previously mentioned.
Access to the project would be off Pio Pico Drive, thus, reducing
traffic conflicts on Chestnut Avenue. The parking area is
located behind the building in relationship to the streets,
therefore, reducing the visual impact of the parking lot on
the street. Further, the applicant is proposing to provide a
6' high solid decorative masonry wall along the east property
line extending from the 20' front yard setback line to the
rear property line. Staff feels such a wall will reduce the
impact of this development on the property to the east.
Currently, a 6' high wood fence separates this property from
the Travelodge Motel to the south. Overall, it appears to
staff that the project is comprehensively designed, well
integrated and will not create any substantial adverse impacts
to adjacent properties. This project also meets all development
standards and design criteria of the condominium ordinance
relative to a non-residential condominium project, and
therefore, staff is recommending approval.
V-313
The applicant is requesting a variance from Sections 21.18.050
(5) & (10) of the Zoning Ordinance to reduce the required
interior sideyard setback from 9' to 5' to allow a 4' encroachment
of 11 parking spaces. In order to approve a variance, the
Planning Commission must make the following four findings:
*'
1) That there are exceptional or extraordinary circumstances
or conditions applicable to the property or to the
intended use that do not apply generally to the other
property or class of use in the same vicinity and zone.
2) That such variance is necessary for the preservation
and enjoyment of a substantial property right possessed
by other property in the same vicinity and zone but
which is denied to the property in question.
3) That the granting of such variance will not be materially
detrimental to the public welfare or injurious to the
property or improvements in such vicinity and zone in
which the property is located.
4) That the granting of such variance will not adversely
affect the comprehensive general plan.
Staff feels that sufficient facts can be found to make the
required findings for the variance. First, staff feels the
unusual configuration and shape of the lot constitutes an
exceptional circumstance that applies to this property that
does not apply generally to other properties in the same
vicinity and zone. Secondly, other properties in the same
vicinity and zone share a similar property right that would
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V. -" N ^
be denied to this property. In particular, the professional
office buildings on Pio Pico Drive near Elm Avenue provide
parking in the required interior yard setback.
Also, the proposed variance would not be detrimental to the
public welfare nor injurious to other properties in the
vicinity because the parking spaces would be physically
separated from adjacent properties by a 6' high masonry wall
and landscape buffer. Finally, the proposed variance would
not adversely affect the general plan.
IV. RECOMMENDATION
It is recommended that the Planning Commission ADOPT Resolution
Nos: 1708, 1709, 1710, and 1711, APPROVING ZC-208, SDP 80-5,
CT 80-40/CP-130 and V-313, based on the findings and subject
to the conditions contained therein.
ATTACHMENTS
Background Data Sheet
Disclosure Form
Location Map
PC Resolution No. 1708 (ZC-208)
PC Resolution No. 1709 (SDP 80-5)
PC Resolution No. 1710 (CT 80-40/CP-130)
PC Resolution No. 1711 (V-313)
Exhibits "A" - "E", dated 9/17/80
Exhibit "F", dated 9/19/80
BH:ar
9/30/80
-4-
«r BACKGROUND DATA SHEET
^ -CASE NO: ZC-205/Sw- --80-5/V-313/CT 80
APPLICANT: FREEHOF _ .
REQUEST AND LOCATION: Change of Zone from R-3 to R-P-Q, Site Development Plan,
Tentative Tract Map & conao Fermit, for an i/,iu4 sq.tt. professional or t ice building
and variance to reduce the side yard setback f ran 9 ' to 5 ' , to allow parking located
on the southeast corner or ±do FICO and Chestnut; ~ ~
LEGAL DESCRIPTION: Po^i011 of Lots 12 and 13 in Block C of the Resubdivision of a
portion of Alles Avocado Acres, Map No. 2027.
Assessors Parcel Number : 205 - 190 - 13, and 14
Acres *46 No. of Lots 2
GENERAL PLAN AND ZONING
General Plan Land Use Designation RC/O (Recreation Ccmnercial/Professional)
Density Allowed Density Proposed
Existing Zone R ^ Proposed Zone R
Surrounding Zoning and Land Use:
Zoning Land Use
North ^~S & ^"^ Park and single family residence
South R~3 Travelodge Motel
j^gj. R-l Single Family Residence*
West R~3 I~5 FreewaY
School District
PUBLIC FACILITIES
N/A
,-, ^ T,- x. • ^ citY of CarlsbadWater District J •
Sewer District 1 ° _ EDO's Npfe Applicable
Public Facilities Fee Agreement, dated February 27.1980 _
(Other: __ _________ _ )
IMPACT ASSESSMEMT
_x _ Negative Declaration, issued 5/8/80 _ Log No. 698
E.I.R. Certified, dated ___ _
Other,
«»»"> ' .if'after the informati\^ tou have submitted has been r, |wed, it is determined
that further informatioir*is required, you will be so addled.
Company, a limited partnersh
APPLICANT: BERT FREEHOF, a general partner in Seagate Realty & Haman
Name (individual, partnership, joint venture, corporation, syndication)
3030 Harding St., Carlsbad,Ca. 92008
Business Address
729-5907
AGENT:
Telephone Number
None
Name
Business Address
Telephone Number
MEMBERS : Robert Hainan, a general partner
Name (individual, partner, joint
venture, corporation, syndication)
811 Emerald Bay.Laguna BeachrCa.
Home Address
811 Emerald Bay, Laguna Beach, Ca.
Business Address
1- 497-4134
Telephone Number Telephone Number
George Wride, a limited partner 26246 Kalmia,Sunnymead,Ca.
Name Home Address
26246 Kalmia, Sunnymead, Ca. , ______
Business Address
1-653-1993
Telephone Number Telephone Number
(Attach more sheets if necessary)
I/We declare under penalty of perjury that the information contained in this dis-
closure is true and correct and that it will remain true and correct and may be,
relied upon as being true and correct until amended.
Applicant
BY /3
Ayent, Owner, Partner
7C