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HomeMy WebLinkAboutAV 90-03; Pacific Point Business Center; Administrative Variance (AV)CITY OF CARLSBAD LAND USE REVIEW APPLICATION FORM PAGE 1 OF 2 1) APPLICATIONS APPLIED FOR: (CHECK BOXES) (2; kP:i 8 (For Use On y) Master P1 an ............... Specific Plan ............. Prec i se Development P1 an. .. Tentative Tract Map ........ P1 anned Development Permit Non-Residential Planned Development Permit........ Condominium Permit......... Speci a1 Use Permit ......... Redevelopment Permit ....... Tentative Parcel Map. ...... @ Administrative Variance.. .. 0 0 0 0 Lxl 0 0 IO General P1 an Amendment. ..... Site Development P1 an.. ..... Zone Change.. ............... Conditional Use Permit.. .... Hillside Development Permit. Environmental Impact Assessment............... Variance.. .................. Planned Industrial Permit.. . Coastal Development Permit . . Planning Commission Deter.. . 2) LOCATION, OF PROJECT: ON THE 1 WEST ]SIDE OF1 AVEN IDA ENC IN AS ,' (NORTH, SOUTH, EAST, WEST) (NAME OF STREET) BETWEEN 1 PALOMAR AIRPORT ROAD . 1 AND I CANNON ROAD I /' . (NAME OF STREET) (NAME OF STREET) 3) BRIEF LEGAL DESCRIPT1ON:I PAGE 14009 OF M'APS IN COUNTY OF S.D. NOV. 1, I 11985. PARCEL 1 IN CITY OF CARLSBAD. I 4) ASSESSOR PARCEL NO(S) [ 210 090 47 I 5) LOCAL FACILITIESFI 6) EXISTING GENERAL171 71 PROPOSED GENERALEI 8) EXISTING ZONING71 9) PROPOSED ZONINGVI 10) GROSS SITE5.981 MANAGEMENT ZONE PLAN DESIGNATION LAN DESIGNATION ACREAGE 11) PROPOSED NUMBER OF01 12) PROPOSED NUMBERl-1131 TYPE OF I IN D 11 ST . 1 RESIDENTIAL UNITS OF LOTS S BOIVISION 14) NUMBER OF EXISTING RESIDENTIAL UNITS~~~ (RESIDENTIAL COMMERCIAL INDUSTIRAL) 15) PROWS~O NOUSTRIAL *IT1 161 PROPOSED COMMERCIAL*[~J *APPR V OFFICE/SQUARE FOOTAGE SQ ARE FOOTAGE CITY OF CARLSBAD LAND USE REVIEW APPLICATION FORM PAGE 2 OF 2 17) PERCENTAGE OF PROPOSED PROJECT IN OPEN SPACE I N /A 1 19) PROPOSED INCREASE 18) PROPOSED SEWER USAGE IN EQUIVALENT DWELLING UNITS TI IN AVERAGE DAILY 20) PROJECT NAME: I PACIFIC POINT BUSINESS CENTER 1 MANUF. BUT1 DINGS. -1 OWNER APPLICANT IMAILING ADDRESS MAILING ADDRESS * *APPROVED SDP #89-2 d ARFM0008. DH 4/89 Q FOR CITY USE ONLY FEE COMPUTATION: APPLICATION TYPE FEE REQUIRED TOTAL FEE REQUIRED I CITY OF CARLSBN I RECEIVED BY: h 'F CITY OF CARLSBAD 1200 ELM c. - ENUE CARLSBAD, CALIFOh. JA 92008 4384621 A I I I CITY OF CARLSBAD 1200 ELM b ENUE CARLSBAD, CALIFOL IA 92008 438-5621 ACCOUNT NO. DESCRIPTION I AMOUNT I I 1 RECEIPT NO. 9 70 2 8 TOTAL I /8 17s I HEREBY CERTIFY THAT.THE PROPERTY OWNERS LIST AND LABELS SUBMITI'ED TO THE CITY OF CARLSBAD ON THIS DATE REPRESENT THE LATEST AVAILABLE INFORMATION FROM THE ASSESSOR'S ROLES. APPLICATION NAME AND NUMBER RECEIVED BY DATE APPLICANT DISCLOSURE FORM .- t In order to assist the members of the Planning Commission and City Council to avoid possible conflicts of interest, all applicants are required to complete this disclosure form at the time of submitting their application. When this form has been completed and signed, the information will be relied upon by them in determining if a conflict may exist, so please ensure that all of the informatlon Is completed and accurate. If at anytime before a final action on your application has been rendered, any of the information required by this disclosure changes, an amendment reflecting this change must be filed. If the applicant Is an individual, or a partnership (either general or Iim;ted) or '3 joint venture, please state the full name, address and phone number of each person or individual (including trusts) who own any beneficial interest in the property which is the subject of this application. Should one or more parties to' the application be a Partnership or joint venture, then please state the full legal name of the partnership or joint venture, its legal address and the name and address of each individual person who is a general and/or limited partner or member of the joint venture. - Should one or more of the parties be a privately held corporation (10 shareholders or less) or a real estate syndication, then please indicate the state of incorporation or syndication, corporate number, date of incorporation or syndication, corporate or syndicate address, and the full names and addresses of each individual shareholder or syndicate member. Should the corporation be a publicly held corporation, then state the full 'name and address of the corporation, the place of its incorporation, number of shareholders, and the name and address of the officers of the corporation. Should you feel that additional information needs to be provided in order to provide a full disclosure, please include it. DISCLOSURE FORM APPLICANT: ' SUDBERRY PROPERTIES (RICH SIMONS) 'Rime (Individual, partnership, joint venture, corporation, syndication) 4350 LA JOLLA VILLAGE DRIVE , SAN DIEGO, CA. 92122 Business Address (619) 546-5151 Telephone Number C AGENT: MEMBERS: 8.. WARE AND MALCOMB ARCHITECTS, INC. Name 9868 SCRANTON ROAD, SUITE 200 SAN DIEGO, CA. 92121 Business Address (619) 546-1121 Telephone Number kame (individual, partner, joint Home Address venture, corporation, syndication) Business Address Telephone Number Telephone Number Name Home Address business Address Telephone Number Telephone Number (Attach more sheets if necessary) i/We understand that If this project is located in the Coastal Zone, I/we will apply for Coastal Commission Approval prior to development. I/We acknowledge that in the process of reviewing this application, it may be necessary for members of City Staff, Planning Commissioners, Design Review Board members, or City Council members to inspect and enter the property that is the subject of this application. I/We consent to entry for this purpose. I/We declare under penalty of perjury that the information contained in this disclosure is true and correct and that it will remain true and correct and may be relied upon as being true and correct until amended. BY Steve Ziegl er, A. I. A. Aqent, Owner, Partner Q i' I I BY P1 ease 1 aw JUSTIFICATION a Variance may be approved only FOR if VARIANCE certain facts are found to exist. read these requirements carefu1,iy and explain how the proposed project meets each of these facts. Use additional sheets if necessary. 1. Explain why 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: * SFE ATTACHFD JUSTIFUATION FOR VARIANCE ITFM #l. ~~ ~ ~~ ~ ~ 2. Explain why 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: * SEE ATTACHED JUSTIFICATION FOR VARIANCE ITEM #l. 3. Explain why 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: *SEE ATTACHED JUSTIFICATION FOR.VARIANCE ITEM #2. 4. Explain why the granting of such variance will not adversely affect the comprehensive plan: *SEE ATTACHED JUSTIFICATION FOR VARIANCF ITFM #7. JUSTIFICATION FOR VARIANCE ITEM #1) The widening of Avenida Encinas and dedication of right of way were imposed as conditions of approval of MS- 800, PIP 89-8 Carltas Floral Trade Mart. The approved SDP 89-2 Pacific Point was conditioned to conform to the previously approved street alignment & widening of MS 800, and was designed on that basis to the requirements of the P.M. zone. Palomar & Company owns C-T zoned property to the east side of Avenida Encinas that will be affected by their future dedication of additional right of way in which there exists a number of utilities as well as an existing landscaped setback area and curb from a previously approved project. Palomar f Co. would at some future date be required to move and reconstruct improvements as shown on Plan A attached as an exhibit. With that basis in mind, it is the request of Palomar & Co. to place the street widening entirely on the western side of Avenida Encinas as shown on Plan B attached as an exhibit thus requiring a variance on the Pacific Point property for: A) The landscape setback to reduce from 35' to 28' as B) The building setback to reduce from 50 to 43 ' On shown on exhibits A,B, & C. building 'B' only, as shown on exhibits A,B, C. ITEM #2) Granting this variance would: A) Allow the existing infrastructure and improvements to remain in tact on the east side of Avenida Encinas. B) Balance the aesthetic landscape setbacks required by the P.M. zone (significant) with the C.T. zone (minimal) in the efforts of good planning. C) Allow interruption and reconstruction of improvements to occur on the west side of Avenida Encinas only. A more economical solution with fewer utilities to reconstruct and less area to interrupt. D) Allow widening to occur at one time (including raised median) rather than at some future date when Palomar & Co. is able to proceed with its development. E) Relieve the existing office Building on Palomar &I Co. site of the potential of being within 27 feet of curb if widening occurs on east side of Avenida Encinas. Any additional land acquisition for the right of way required from the two adjacent properties to the southwest will be the responsibility of Palomar & Company in agreement with Pacific Point C Carltas Floral Trade Mart. Pacific Point (Sudberry Properties, Inc.) and the Carltas Floral Trade Mart (Carlmart) have agreed to apply for the variance request on behalf of Palomar 61 Company in efforts to mitigate these conditions in a most cost effective C expedient manner, provided that this variance does not delay map recordation, building permits or building occupancy of MS-800 and SDP 89-2. ATTACHMENTS: EXHIBIT *A1: Plan ‘A1 shows current approved street realignment and shared dedication of property. Also shows utilities and infrastructure potentially impacted. EXHIBIT *B1: Plan -B1 shows proposed street alignment and dedication of property of widened only to the west. Again it shows utilities & infrastructure potentially impacted. EXHIBIT *C1: Approved SDP 89-2 package illustrating street realignment and location of reduced landscape and building setbacks. Note: Colored exhibits for this variance exist at the city from prior approval of SDP 89-2. 'CITY OF CARLSBAD APPLICATION REQUIREMENTS FOR ADWINISTRATIVE VARIANCE VARIANCE I A variance application is required whenever an applicant desires a variance from the requirements of the zoning codes. A variance may be approved as an administrative act by either the Planning Commission or the Planning Director. A variance which can be approved by the Planning Director is known as an Administrative variance and is limited to the following: 1. Modification of distance of area regulations, provided such modification does not exceed seventy-five percent of required front, side or rear yards nor exceed ten percent of maximum lot coverage regulations; 2. Modification of the minimum lot width regulation, provided such modification does not result in a lot width less than fifty (50) feet; 3. Walls or fences to exceed heights permitted by the zoning regulations; 4. Modifications to the sign area regulations, provided such modification does 5. Modifications to the sign height regulations, provided such'modification does not exceed ten percent of the maximum allowed sign area; not exceed ten percent of the maximum allowed sign height. The following materials are required to be submitted with the application: 3 1. Completed Variance Justifi ion Form. 2. Fifteen (15) copies (four (4) copies for Administrative Variance) of a site plan prepared on a 24" x 3 Q eet(s) folded to 8 1/2" x 11". The site plan A. Name and address of applicant, engineer and/or architect, etc. shall include the following information: Lx 6. Location, size and use of all easements. u C. Dimensions locations of: access, both pedestrian and vehicular, showing service areas and points of ingress and egress, offstreet parking and loading areas showing location, number and typical dimension of spaces, and wheel stops. ilil 1 0. Distance between building and/or structures. E. Building setbacks (front, rear and sides). F. Location, height, and materials of walls and fences. G. Location of freestanding signs. H. A summary table. indicating the following information (if i3 appl icable to the variance) : 1. site acreage 2. existing zone and 1 and use 3. proposed land use 4. total building coverage 5. building square footage 6. percent 1 andscapi ng 7. number of parking spaces 8. square footage of open/recreational space (if appl icable) PllL // W&* 9. cubic footage of storage space (if applicable). &3. Fifteen (15) copies (four opies for Administrative Variances) of the building and floor plans on 24" x 36" sheets folded to 8 1/2" x 11" size. The building and floor plans shall include the following: A. Location and size of storage areas (If applicable) ARFRM0004. DH 4/89 8. All buildings, structure, walls and/or fences, signs and exterior lights. a .fly ne (1) copy of 8 1/2" x 11" site plan. (Not required for administrative variance,) vicinity maps on the site plan are not acceptable), ProDertv Owner's List and Addressed Labels 6&S. One (1) copy of 8 1/2" x 11" location map (suggested scale 200" - @7. - 6. Di sclosure Statement. . A typewritten 1 ist of the names and addresses of all property owners and occupants within a 300 foot radius of subject property (including the appl icant. and/or owner). The 1 ist shall include the San Diego County Assessor's parcel number from the 1 atest assessment rolls. within a 300 foot radius of subject property. For any address other than single family residence, apartment or suite number must be included. DO NOT TYPE ASSESSOR'S PARCEL NUMBER ON LABELS. Applicant must submit separate check to cover cost of postage. - Two separate sets of mai 1 ing 1 abel s of the property owners and occupants @ 8. 300 Foot Radius MaD A map to scale not less than 1" = 200' showing each lot within 300 feet of the exterior boundaries of the subject property. Each of these lots shall be consecutively numbered and correspond with the property owner's list. The Colo scale of the map may be reduced to a scale acceptable to the P1 anning Director if the required scale is impractical. [6] months). with Administrative Variances). It is the Applicant's responsibility to bring one (1) copy of a colored site plan and one (1) copy of a colored elevation to the Planning Department bv Noon eiclht (81 davs Drior to the Planning Conmission meeting. Do not mount exhibits. 9. Two (2) copies of the Preliminary Title Report (current within the last six fi 10. red Site Plan and Elevation Plan (Not required with first submittal or ARFK