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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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 27 1) The proposed tentative map is consistent with the Land Use 28 Element of the General Plan. 4 5 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 "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- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 7) 8) 9) 10) 11) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 •3 /v—' r - * '> 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