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
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Attachments; /l/o^j<s"
If reply requested,
check here?
REPLY:
DATE; .
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RECEIVED .
JAN 9 1975
CITY OF CARLSBAD
Planning Department
Signature:
Project No:
FILE: