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HomeMy WebLinkAboutSP 127; Malone Company The; Specific Plan (SP)Affidavit of Publication STATE or- CALIFORNIA \ Gouoty of San Diego ^ ' Patricia Manning ., , , . ., „ . . , ^, , _ - ..- - , says that she is the Prmcipal Clerk of Tlio Carlsbad Journal, a weekly newspaper of general circulation, printed and published in tlie City of Carlsbad, County of San Diego, and Stat© of California, and that the notice of wliicli llie annosfed is a true copy, was published times in said newspaper, commencing on thQ...!^^- day of S.apta , A.D. 19 .....'„_, namely on the following dates: NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Planning Commission of tbe City of Carlsbad, Cali- fomia, will hold a public bear- ing on September 25, 1973, at 7:30 P.M., in the City Council Chambers, 1200 Elm Avenue, Carlsbad, California, to con- sider the following: CASE NO. SP-127 THE MA- LONE COMPANY awlication filed by E.C. Ma- lone, requesting Adoption of a Specific Plan to allow deve- lopment of professional offices and retail commercial proper- ty on property generally locat- ed on the east side of Pio Pico Drive between Oak Street and Elm Avenue, and more parti- cularly described as follows: Parcel "A" as shown on Parcel Map no. 716, filed January 20, 1972, in the Of- fice of the Recorder of San Diego County, State of Cali- fomia. Those persons desiring to comment on this proposed Specific Plan are cordially in- nted to attend the Public bearing. CALRSBAD CITY PLANNING COM- MISSION Sept. 13,1973 Signed at Carlsbad, California this day of _ , 19 ...23 I hereby declare under penalty of perjury that the foregoing is true and corrsct. ..{^^^:^^y.:f^...'^y^y^.^y':r^:f:^. Principal Cierk CITY OF CAELSBAD PLANNING DEPARmNT STAFF REPORT FOR SEP'TEI-IBER 25, 1973 TO: PLANNING COMMISSION REPORT ON: CONSIDERATION OF CHANGE OF ZOI^ CONSIDERATION OF SPECIFIC PLAN CASE NO: ZC - 122 SP - 127 APPLICANT: E.C. MALONE for The Mal one Company, et al 2136 Avenida De La Playa La Jolla, California 9203? I. GENERAL BIFORMATION ^' Backp.roxmd; The Planning Commission did consider these matters at a public hearing on Jvly 10, 1973 and again on August 14, 1973. The final action taken by the Planning Commission on August I4, 1973 was to deny the Change of Zone request and to table the specific plan. The applicant did subsequently appeal the Planning Comnd.ssion denial of the Change of Zone to the City Council. On September 4> 1973 the City Council did consider the appeal and did overturn the Planning Commission denial of a Change of Zone from R-3 to C~2 by a 4 to 1 vote and refer the mattor back to the Planning Commission for a study and report. As a part of the City Council referral to the Planning Commission, the City Council did indicate that the Ci\a.c Center overlay concept should be initiated by the Planning Commission. It seemed to be the feeling of a majority of the City Council that this area would be appropriate for other than residential uses. A majority of the City Council indicated that the proposed office building is an appropriate use, but there is no zone other than the C-2 Zone designation that woiild allow the proposed development. It seemed to be the City Council's opinion that the specific plan approved on this project should include conditions that limit the potential uses in the subject building to those indicated by the applicant. The subject property, a portion of former State Freeway right of way, is located at the northeast comer of the intersection of Pio Pico Drive and Oak Avenue. Said property has a frontage on Pio Pico Drive of approximately I7I feet and contains approximately 10,120 square feet. Said site is flat vjith several large trees adjacent to Oak Avenue being the main physical feature of the site. The proposal is to preserve these trees as a part of the landscaping program. B. Zoning and General Plan: 1. Zoning: Existing: Rr-3 Proposed: C-2 (S.P.) Adjacent: North C-1 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 to 7 families per net acre. C. EnATironmental Impact: The Planning Director has determined that the proposed development will not have a significant impact on the environment. Therefore, no additional environmental considerctxms will be required. D. Development: The applicant indicates that an approximate 8400 square foot tvro-story office building will be constructed vrith an engineering firm occupying approximately half the building. A total of 21 parking spaces is proposed ^^^ith 18 spaces being located within the building. This meets the ordinance requirements exactly. No building elevations were submitted. E. Staff Recommendations; Regarding the Change of Zone: The City Council at its meeting of September 4» 1973 did approve an appeal of the Planning Commission denial of a change of zone request from R-3 to C-2 on the subject property. This action has ^been referred back to the Planning Commission for study and report. It is staff's recommendation that the Planning Commission take the following actions: 1. That it be moved that the Planning Commission report back to the City Council that the final action of approval of the Change of Zone from Rr-3 to C-2 EE TAKEN. Justification is based upon: a. The influence of the Civic Center development could reasonably extend along Pio Pico southerly to Oak Avenue. In addition, the impact of the freeway and the estimated traffic on Pio Pico could effect the subject parcel to the degree that the site would not be considered appropriate for a residential activity. 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 to 5 weekdays and does not have the amount of traffic that would be found with a retail-commercial use such as a restaurant. b. As a part of the upcoming General Plan Revision and Zoning Ordinance Revision, staff envisions the establishment of a civic center overlay zone concept on all the property surrounding the civic center area. A n& jority of the restrictions of this zone vdll deal with design and such an application on the subject property will further guarantee the compatibility of any development to the surrounding development. c. 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 il :50rapatibility is part of a larger area of incompatibility which includes the Civic Center area and. the full length of Pio Pico 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 plan revision, all these inconsistencies will be eliminated. d. In many ways, the potential use requested is less intense than is possible mder the existing R-3 Zoning designation which would permit up to a total of 12 dwelling -units on the site. e. The uses permitted under the proposed C-2 zone district is con- sidered to be a suitable transition from the existing single-family development to the east and the freeway activity to the west. 2. That the Planning Commission initiate proceedings to begin the implementation of a Civic Center overlay zone for that property between Highland Drive and the Freeway and between the property, one lot north of Laguna Drive to on lot north of Oak Avenue. Such a zone district may follow the following format: COMBINATION DISTRICT -D DESIGN REVIEW _ Intent and Purpose; The intent and purpose of the -D combination district shall be: To protect society's investment in the Civic Center, the branch admin.istrative centers and the numerous parks, schools and similar public and quasi-public facilities, by reviewing the design of all property developments surromding or along the approaches to such facilities. To insure compatibility with the development of the Civic Center and other public institutions. To conserve and enhance the appearance or architectural tone of areas of existing or potential governmental, cultural, historical, architectural, scenic, or tourist interest. CITY OF CARLSBAD PLANNING DEPARTMENT ANALYSIS FOR AUGUST 14, 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 v/as considered as a public hearing at the Planning Commission meeting of 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 Pico area. This has been completed and the staff recommendation reflects the findinns. That the Planning Commission recommends approval to the City Council of a change of zone from R-3 (Multiple Family) to C-2 (General Commercial) and a specific plan for a 8400 sq. ft. tv/o-story office building on Parcel "A" as shov;n on parcel map No. 716, filed in the Office of the Recorder of San Diego County. BACKGROUND: The subject property, a portion of former State freeway right-of-v^ay, is located at the northeast corner of the intersection of Pio Pico Drive and Oak Street. Said property has a frontage on Pio Pico Drive and contains approximately 10,120 sq. ft. The subject site Is flat with several large trees adjacent to Oak Avenue being' the main physical feature cf 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. tv.'o- story office 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 Proposed: C-2 (S.P.) Adjacent: North C-1 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 development 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 and good zoning practices require that the Planning Commission recommend to the City Council that a change of zone from R-3 to C-2 BE APPROVED on the subject property. Justification is based upon: 1. The influence of the Civic Center development could reasonably extend along Pio Pico southerly to Oak Avenue. In addition, the impact of the freeway and the estimated traffic on Pio Pico could effect the' subject parcel to the degree that the site would not be considered appropriate for a residential activity. 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 v/eekdays 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 th?^ establishment of a civic center overlay zone 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 Pico 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 gejieral plan 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 SPECIFIC PLAN: That the Planning Commission recommend to the City Council that the Specific Plan BE APPROVED. Justification is based upon: 1. Compatibility of the proposed use to the existing activity and potential activity in the area. 2. The size 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 cf the freeway, the activity on Elm Avenue,-Pio Pico, 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 olherwise herein. 2. Unless the construction of the structure or facility is commenced 8nS li^Hi1igent?y^p^rsueB^^Rerea?ter^^this^appPov^ ly 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 building 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. 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 Pico Drive and Oak Avenue shall be improved in accordance with City Standards. 18. Prior to the issuance of any pennits, all exterior building elevations and specific floor plans shall be submitted to the Planning Director for consideration and ^proval. 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. yv^>Xt~fV PAUL A. WILLIAMS, Associate Planner CITY OF CARLSBAD PLANNING DEPARTMENT ANALYSIS FOR July 10, 1973 TO: PLANNING COMMISSION REPORT ON: CONSIDERATION OF CHANGE OF ZONE CONSIDERATION OF SPECIFIC PLAN CASE NOS: ZC-122 SP-127 BY: E.C. Malone for The Malone Company, et al 2136 Avenida de La Playa La Jolla, CA REQUEST: That the Planninq Commission recommend aoproval to the City Council of a Change of Zone from R-3 (Multiple family) to C-2 (General Commercial) and a Specific Plan for a 8400 so. 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: The subject property, a portion of former State free- way right-of-way, is located at the northeast corner of the inter- section of Pio Pico Drive and Oak Street. Said property has a frontage on Pio Pico Drive and contains approximately 10,120 sa.ft. The subject site is flat with several large trees adjacent to Oak Avenue being the main physical feature of the site. The oronosal is to preserve these trees as a part of the landscaping program. DEVELOPMENT: The applicant indicates that an approximate 8,400 sq.ft. two-story office building will be constructed with an engineering firm occupying approximately half the building. A total of 21 narking spaces is proposed with 18 spaces being located within the building. This meets the ordinance requirements exactly. No building ele- vations were submitted. ZONING AND GENERAL PLAN: 1. Zoni nq: Existing: R-3 Proposed: C-2 (S.P.) Adjacent:North C-1 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. ZC-122 SP-127 7/10/73 ENVIRONMENTAL IMPACT: The Planning Director has determined that the proposed development will not have a significant impact on the environment. Therefore, no additional environmental consider- ations will be required. PUBLIC NOTIFICATION: The required and mailed regarding these items. public notices have been published STAFF RECOMMENDATIONS: REGARDING THE CHANGE OF ZONE: That the general welfare, public convenience, and good zoning practices require that the Planning Com- mission recommend to the City Council that a Change of Zone from R-3 to C-2 BE APPROVED on the subject property. Justification is based upon: 1. 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 reasons for a finding that the present General Plan committment 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 Pico 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 Plan revision, all these inconsistencies will be eliminated. 2. 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. 3. The uses permitted under the proposed C-2 Zone district is con- sidered to be a suitable transition from the existing single- family development to the east and the freeway activity to the west. REGARDING THE SPECIFIC PLAN That the Planning Commission recommend to the City Council that the Specific Plan BE APPROVED. Justifi cation is based upon: 1. Compatibility of the proposed use to the existing activity and potential activity in the area. 2. The size and location of the subject property is considered to be sufficient for the proposed development. Though not compatible with the precise presently outlined in the General Plan that the proposed development would be and objectives of the General Plan. land use committment as Staff is of the opinion compatible with the goals 2 - ZC-122 SP-127 7/10/73 CONDITIONS OF APPROVAL: 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, siqns, 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 otherewise herein. Unless the menced not wi 11 construction of the structure or facility is com- later than one year after the date the approval is granted and is diligently pursued thereafter, this approv-al automatically become null and void. Any minor change may be approved by the Planning Director. Any substantial change will require the filinq of an appli- cation for an amendment to be considered by the Planning Com- mission. 7. 8. 9. 10, All requirements of any law, ordinance or regulation of the State of California, City Carlsbad, and any other governmental entity shall be complied with. 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. 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. Prior to obtaining a building the applicant shall file with Commission written acceptance permit,and within 30 days thereof the Secretary of the Planninq of the conditions stated herein. Compliance with and execution of all shall be necessary, unless otherwise final building inspection clearance, quirement shall be permitted only by Planning Director. conditions listed hereon specified, prior to obtaining Deviation from this re- written consent of the 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 submitted, in triplicate, to the Planning Director. All lighting shall be arranged to reflect away from adjoining properties and streets. - 3 ZC-122 SP-127 7/10/73 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 wall 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 raised 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, 1ncluding electrical , telephone and cable tele- vision, shall be installed underground and/or shall be com- pletely concealed from view. 16. All public improvements shall be made in conformity with the Subdivision Ordinance and other City Standards, to the Satis- faction of the City Engineer, without cost to the City of Carlsbad and free of all liens and encumbrances. 17. Pio Pico 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 approval. PAUL A. WILLIAMS, Associate Planner CITY OF CARLSBAD APPLICATION FOR ADOPTION OF SPECIFIC OR MASTER PLAN DATE: SPECIFIC PLAN NO. S/^^/^y FILING FEE RECEIPT NO. -44A&TaW>i:AN-Wr (for official use) • « * * * te * te « « * te te te te tt te te * « te te ir I. A REQUEST IS HEREBY MADE TO ADOPT A Specific Plan (Specific or Master Plan) FOR PROPERTY DESCRIBED AS: (exact legal description) Parcel "A" as shown on Parcel Map No. 716, filed January 20, 1972, in the offide of the Recorder of San Diego County. THE PROPERTY DESCRIBED HEREIN IS ADDRESSED AS Northeast corner of Oak and Pio Pico ^3 LOCATED ON THE East (North, South, East, West) SIDE OF Pio Pico BETWEEN AND (Name of Street) (Name of Street) Elm II. \ The undersigned state that (Name of Street) I ( I, We) ' ( I AM, WE ARE ) the owner of the property described herein and hereby (Owner/Owners) give my ^authorization to the filing of this application: (My, Our) Name ; The Malone Company, et al (Typed or Printed as shown on Recorded Deed) Signature: y_ Name: ( Typed or Printed as shown on Recorded Deed) Signature: Name: (Typed or Printed as shown on Recorded Deed) Signature: Name: (Typed or Printed as shown on Recorded Deed) Signature: Specific/Master Plan An^Mcation Page Two III. EXISTING z:ONE OF SUBJECT PROPERTY HAS A MASTER PLAN BEEN APPROVED? R-3 Yes. No. No DATE: OWNER AND/OR OWNER'S AUTHORIZED AGENT AFFIDAVIT STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) CITY OF ) SS E. C. Malone I, (we), (name) declare to the best of (my, our ) and correct under the penalty of purjury: EXECUTED AT being duly sworn depose and _knowledge that the foregoing is true California iciW (State) DATE (Month) [Day) (Year) APPLICANT, OWNER AND/OR 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, California 92037 (City and State) ( 714) 454-7141 W) / (Area Code) (Telephone Number) SUBSCRIBED AND SWORN TO BEFORE ME THIS DAY OF 7P71^ (N^ary Public) OFFICIAl SEAL GEORGE 0. KUMKE ' - •'UOUC CAIIFORNIA it .••Al OFFICE IN ^•':'?0 COUNTY 3ifes Ja,i. 15, 1977 Diego, CA. 92110