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HomeMy WebLinkAboutSP 146C; Carlsbad Plaza Shopping Center; Specific Plan (SP)TO: City Manager FROM: City Attorney DATE: December 18, 1974 RE: Von's Lot Line Problem In response to your request, the Planning Director has reviewed the Municipal Code in regard to the City's definition of a buildable lot. Ke reports that he was not able to locate any provisions limiting a lot to one permit- ted use. Section 21.04.075 defines a "building site" as one lot or two or more lots when used in combination for a building. That definitional section seems to contemplate that you can have one building over two lots. Section 21.04, defines "lot" as land occupied by one or several buildings or uses. 'Again, the section clearly seems to contemplate that one lot can have more than one use. The only restric- tions I can find in regard to how many uses you can have in each lot is found in the individual zones. In the Planning Director's view the above sections and the struc- ture of the residential zones pretty much makes clear that you can only have one house per lot. Commercial and indus- trial zones, however, seem to contemplate that you can have more than one use on a lot. The Planning Director was not able to offer any further guidance. I attempted to go through the exercise of looking up every Municipal Code section referenced in the index under the general subject of "lot". In Chapter 21.46 which detailed the yard requirements for zones in the City of Carlsbad, I encountered section 21.46.040. That section provides that when the boundary line between two contigu- ous lots is covered by a building or permitted group of buildings, such lot shall constitute a single building site, and the yard spaces as required by this ordinance shall then not apply to such common boundary line. Although that sec- tion is not directly on point, it does indicate that at least someone at some time in the history of the zoning code in the City of Carlsbad contemplated that it was per- missible to build across lot lines and. that in doing so a lot line would disappear, at least for purposes of figuring the required yard., v I found another interesting section, 21.46.220, which provides that when any lot in any zone contains a 210 City Manager • December 18, 1974 Page Two greater-than-the-minimum required area for that zone, then each unit of the required minimum area contained in such lot may be utilized as a separate lot. That section would seem to indicate that even in a residential zone, if a property owner had a 20,000-square-foot lot in an R-l-7 zone, he could build two houses on it. The way this is handled in the City of San Diego is that in a zone such as R-l under the heading "density regulation, lot area per dwelling unit", it is expressly stated that "No lot shall be occupied by more than one dwelling unit." The San Diego Code further has a provision which is common to many cities which defines which lots qualify as buildable lots. This is covered in-the general definitional sections as well as in the particular zones. Usually they key a lot to one that was properly of record as part of a subdivision or parcel map or was in existence prior to a certain cut-off date that would grandfather any that were substandard or improperly created in the distant past. Many ordinances also contain a so-called merger clause so that if two substandard lots are adjacent and come in a common ownership they merge into a standard lot to eliminate as many of the old nonconformities as possible. The above notwithstanding, there is no reason why we can't simply insist that building across a lot line isn't enough and require a parcel map.. That course of action prob- ably involves the least problems from the City's point of view. However, I could support a position that the act of building across a lot line causes it to cease to exist, at least for purposes of the zoning code. That position would allow the bank to go ahead, assuming the other problems with the parcel map can be worked out. VINCENT F. BIONDO, JR. VFB:af cc: Planning Director City Engineer MEMORANDUM Januarys, 1975 J&N 81975 TO: Planning Director FROM: Engineering Department SUBJECT: Request for Engineering Comments C/TY OF r- iann/ng Department We have reviewed the Carlsbad Shopping Center plans and submit these comments : 1. Specific plan requirements: PHASE A a. Complete street vacation of Osuna Drive right of way to allow vacation before expiration of temporary encroachment permit. b. Construct complete storm drain from Marron Road to downstream connection to existing drain, subject to approval of City Engineer, and dedicate easements from same. c. Construct complete public improvements, (including curb, gutter, sidewalk, any additional fire hydrants, and mission bell street lights) along entire El Camino Real frontage. d. Extend all utilities, including sewer and water, required for ultimate development and dedicate easements for same, through Phase A. e. Construct public improvements at Marron Road entrance. f. Waiver direct access rights to El Camino Real and Marron Road except at entrances shown. PHASE B a. Construct complete public improvements along entire Marron Road and Haymar Drive frontage. Access to Haymar Drive from El Camino Real shall be right turn in and right turn out only. b. Construct all water and sewer lines and dedicate easements for same. c. Redesign and revise existing intersection improvements across from Phase B access to El Camino Real to integrate traffic move- ments across and on to El Camino Real. Such work shall include rechannelization, restriping,signa1 and utility relocation as ap- proved by the City Engineer. MEMORANDUM, January 8, Page 2 Planning D i rector 1975 d. Convert Phase A access to El Camino Real to right turn in and out only. PHASE C, D. E a. Construct additional fire hydrants as required by the Fire Marsha 11 . 2. Tentative parcel map: a. Show existing lot lines. b. Construct complete public frontage improvements, including curb, gutter, sidewalk, any additional fire hydrants, and mission bell street lights along El Camino Real frontage. c. Construct (or enter into a future agreement with the City to construct) complete public frontage improvements along Haymar Drive. d. Waiver direct access rights from El Camino Real and Haymar Drive, except at access points approved with the specific plan, shown on the Parcel Map as abutting thereon. e. Provide improvement plans for storm drains, water, and sewer. Construct storm drains, water and sewer systems and dedicate easements for same.within limits of first phase of development. Construct (or enter into future agreement with the City for in- stallation) the complete storm drain,water and sewer systems for the entire specific plan and dedication of the remainder when the next phase of development occurs. f. Provide fire hydrants as required by the Fire Marshall. Tim Flanaga C i ty Ehginee TCF/DG/sln (sj&nafn 77er (/ I "i 1200ELMAVENUE ' '• - ' M^OTM ' TELEPHONE: CARLSBAD, CALIFORNIA 92008 . W&A &S (714)729-1181 Op of Ma-rch 25> 1976 Mr. William W. Hughes c/o SGPA 440 Upas Street San Diego, CA -92103 Subject: PLAZA SHIPPING CENTER Dear Mr. Hughes: As we discussed earlier this week, portions of the Carlsbad Plaza Shopping Center are within the Buena Vista Floodplain Overlay Zone adopted last fall by the City Council. The Floodplain Overlay Zone requires the issu- ance of a special use permit prior to the issu- ance of building permits. The purpose of the permit is to ensure that structures are made safe from flood damage. In the case of the Carlsbad Plaza Shopping Center, the City Engineer feels that the grading which recently occurred on the site, and which has been designed for the project, may have removed the project site from the Flood- plain-. ' •. :• -.••'.;.-.":- ".,v;.>J £ ';H{f / •:'. ;'• •...;•. '• •'>' I would therefore suggest that you apply for a change of zone to remove the site from the Floodplain Overlay Zone. I. am enclosing a Change of Zone application for your use. If you wish to pursue this change of zone, I would suggest you talk with the City Engineer about the extent to which the site may be removed from the Floodplain The site of the permanent Bank of America appears to be within the Floodplain Zone. Building permits for this structure will not be issued until a special use permit for the building is issued, or until the Overlay Zone is removed from the site. Because continued use of the temporary Bank of America is predicated on approval of building per- mits by June 30, 1976, you may wish to work with Continental Services Corporation on this matter. Please contact me if you have any questions. Sincerely, Donald A. Agatep I PLANNING DIRECTOR \ ATTACHMENT: . . Change of Zone Appli. cc: George Kemenes, Cont. Services Corp. DAA/AM:cpl SANTA ANITA DEVELOPMENT CORPORATION A subsidiary of Santa Anita Consolidated,Inc. William W. Hughes, Jr. ' Sen/or Vice President March 25, 1976 Mr. Paul D. Bussey, City Manager City of Carlsbad 1200 Elm Avenue Carlsbad, California 92008 Re: PS 230, Carlsbad Plaza Dear Mr. Bussey: We have encountered a major roadblock in the potential development of the Carlsbad Plaza shopping center, which is that property included within Parcels 1 and 3 of the above referenced Tentative Parcel Map and which was considered along with Specific Plan 146. Our company's present interest is for the development of that shopping center on which we are now in plans, as you are aware. We do not have, nor will we have, any interest ?n Parcel 2 of that map, which is the Azalea property located to the east. We have an Option Agreement on what is Parcel 4 of the Parcel Map with Mr. Vanderburg, but as yet do not have our plans in sufficient form to apply to the City for the necessary governmental approvals, although we hope to have them in such form shortly. The staff of the City has been most cooperative in working with us towards the development of this project, but the improvement agreements which have been submitted to us require improvements on the properties which are not ready to be developed now. Such requirements stand in the way of our proceeding on the portion which we do wish to develop and in which we are quite willing to install the required improvements. Unfortunately, this has now reached a state of urgency in that we must exercise our option to ground lease the subject property from Azalea (and effect concurrently our Development Agreement with Home Federal on the Vanderburg-owned Parcel 3). In addition to the problem of the requirements for the recordation of the Parcel Map, we have two problems which the timing of the Parcel Map affecfs. The first is that I understand Bank of America cannot obtain its building permit and commence construction until the map records, and the second is that the processing of the mass of documentation, including our loan documentation, is hampered until the map has recorded. Mr. Paul D. Bussey March 25, 1976 Page 2 Don Agatep suggested in our meeting on Tuesday that the first step in resolving these problems should be a discussion of the situation with you. I would very much appreciate meeting you and being able to review these problems. Yours very truly, SANTA ANITA DEVELOPMENT CORPORATION William W. Hughes, Jr. WWH:jr cc: Mr. Tim Flanagan, City Engineer ^Mr. Donald A. Agatep, Planning Director Mr. Ron Beckman, Public Works Director Mr. Bill Casson, Anacal Engineering Mr. Otis Vanderburg Mr. John Bartman, Azalea, Inc. Mr. Floyd Marker, Continental Service Co. ~ Bank of America HAND DELIVERED WRITE IT SAY IT INTER-DEPAR^INT MEMORANDUM DATE 1-14 19 75 A. M. P. M.TO PLANNING DEPT. FROM: FIRE DEPARTMENT SUBJECT: P/S 230 ' HYDRANTS & WATER SUPPLY SHALL BE IN SERVICE WITH THE REQUIRED FIRE FLOWS PRIOR TO COMBUSTIBLES ON SITE FOR EACH PHASE. FIRE DEPARTMENT ACCESS TO BE MAINTAINED AT ALL TIMES. FROM^'^0^^A. Wolenchuk, B/C REPLY HERE rire Marshal DATE 19 A. M. P. M. FROM INTER-DEPT. MEMO. Form C565 Inter-Office Correspoi^Bnce *'' TO: <~L~4sAj '-A g.AT£-'P FROM : <^> ^ tr AT' /-?'U S3 sj SUBJECT ; Tivt^ 7fu^^^/= /^a - ^/^ 2 2 c3 MESSAGE:. ^6/rl/vl€rA/rs ^Aj /^^ S , " / 'C " ' 43 5 & . 2 a <£ f ,&y F^. p>i07. = • ^ ,** Attachments; /l/o^j<s" If reply requested, check here? REPLY: DATE; . OFFICE: //^//!/x_-vv;y<r: Zxc^-^T' f— ^ DATE? '/£/7z> ^^7u^::f^^ Hi^:^'^" x?.//9Signature; c- /f 6-^i^-^-^^v. RECEIVED . JAN 9 1975 CITY OF CARLSBAD Planning Department Signature: Project No: FILE: