Loading...
HomeMy WebLinkAboutZC 205; Freehof; Zone Change (ZC)STAFF REPORT DATE: October 8, 1980 TO: Planning Commission FROM: Planning Department //~~; C/ SUBJECT: ZC-205, SDP 80-5, CT 80-40, CP-130, & 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 9' to 5' 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 Planning Issues 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? SOP 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-1 to the north, R-3 to the south, R-1 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 -2- 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- 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- ""'"' BACKGROUND DATA SHEET CAsE NO: ZC-205/SD~0-5/V-313/CT 80-5/CP-130 APPLICANT: FREEHOF REQUEST AND lOCATION: Change of Zone fran R-3 to R-P-Q, Site Developnent Plan, Tentative Tract Map & Como Penmt, for an II ,104 sq.ft. profess1.onal off1.ce hu1.lding and variance to reduce the side yard setback fran 9 1 to 5 1 , to allow parking located on the souttleast corner of P1.o P1.co ana: Cnesthut. LEGAL DESCRIPTION: Portion of I.ots 12 and 13 in Block C of the Resul:xii vision of a portion of Alles Avocado Acres, Map No. 2027. Assessors Parcel Nurrber: 205 190 13, and 14 Acres .46 No. of Lots 2 ------------- GENERAL PLAN AND ZONING General Plan Land use Designation RC/0 (Recreation Ccnlrercial/Professional) Density Allowed Density Proposed ------- Existing Zone ___ R_-_3 _____________ ___ Surrounding Zoning and Land Use: Zoni!19' North 0-S & R-1 South R-3 --------- East R-1 West R-3 Proposed Zone R-P-Q ------------------ Land Use Park and single family residence Travelodge MJtel Single Family Residence I-5 Freeway PUBLIC FACILITIES School District N/A Water District City of Carlsbad Sewer District City of Carlsbad EDU 1 s Nof Applicable ---------------------------------- Public Facilities Fee Agreement, dated __ F:::;..eb=ruary=-==..L---=-27.!.....L::., 1:.:9<..:::8~0:.__ _______________ _ (Other: ) ENVIRONMENTAL IMPACT ASSESSMENT _x ___ Negative Declaration, issued ___..5/'---8"-L/-"8;...:;0 _____ Log No. _6;:,.:9::..::8:...-______ _ ____ E.I.R. Certified, dated----------------- Other, If after the information you have submitted has been reviewed, it is determined that further information is required, you will be so advised. . l Company, a·limited partnershi APPLICANT: BERT FREEHOF, a general partner in Seagate Realty ~ Haman Developmen Name (individual, partnership, joint venture, corporation, syndication) 3030 Harding St., Carlsbad,Ca. 92008 Business Address 729-5907 Telephone Number AGENT: None Name Business Address Telephone Number MEMBERS: Robert Haman, a general partner Name (individual, partner, joint venture, corporation, syndication) 811 Emerald Bay,Laguna Beach,Ca. Home Address 811 Emerald Bay, Laguna Beach, Ca. Business Address 1-497-4134 Telephone Number Telephone Number George ~'Vride, a limited partner 26246 Xalmia,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 closure is true and correct and that it will remain true and correct and may relied upon as being true and correct until amended. BY fu1vr1.-G OW A)-a-rt-ftlf?-T~ Agent, Owner, Partner iJ D \) {) 0 Z-C-206 AVf!... Carlsbad Journal Decreed A legal Newspaper by the Superior Court of Son Diego County 3088 PIO PICO AVENUE e P.O. BOX 248 • CARLSBAD, CA 92008 e 729-2345 Proof of Publication Rj CE STATE OF CALIFORNIA, ss. COUNTY OF SAN DIEGO, I am a citizen of the United States and a resident of the county aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am. principal clerk of the printer of the Carlsbad Journal a newspaper of general circulation, published twice weekly in the City of Carlsbad, County of San Diego, State of California, and which newspaper is pub lished for the dissemination of local news and intel ligence of a general charact er, a nd which newspaper at all times herein mentioned had and still has a bona fide su bscription list of paying subscribers, and which newspaper has b een established and published at regular intervals in the said City of Ca rlsbad, County of San Diego, State of California, for a period exceeding one year 2M/5-79 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Plannm~ Commission of the City of Carlsbad wiU hold a public hearln& at the City Council Cham- bers. 1200 Elm Avenue. Carlsbad. Califom ia. at 7:00 P.M. on Wednes- day. October 8. 1980. CQ consider approval of a zone change ftom R-3 to R-P-Q. a site development plan. tentative tract map and condo minium permit for a professional offic-: build ing. and a variance to teduce the required sideyarl! set- back from9' to 5' to allow encroach- ment of parking spaces on proper\¥ generally Iota ted on the southeast. CJ S978: September 27. 1980 corner or Pio Pi co Drive and Chest· nut Avenue and more particularly described as: A portion of Lots 12 and 13 In Block C of the resubdivision of a• portion of Alles Avocado Acres. according to Map No. 2027 flied in th~ County of San Dieao. Those persons wishing to speak on this proposal are cordially in- vited to attend the public hearing. If you have any questions please call the Planning Department at 438-5591. Case File: ZC 205/SDP 80-5/CT 80-40/ CP 130N 313 Applicant: FREEHOF CITY OF CARLSBAD PLANNING COMMISSION next preceding the date of publication of the notice hereinafter referred to; a nd that the notice of which the a nnexed is a printed copy, has been p ublished in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: . .. ~t?:P:t.~II_ll?~!' .. ~? ................ 19 ... ~0 ................................. 19 .... . ................................ 19 ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 .... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 .... I certify under penalty of perjury that the foregoing is true and correct. Executed at Carlsbad,., County of San Diego, State of California on .,---'t~h""'e~-"'2~1.....lt"-"h""------­ day of ~~~~~~~~~aL-~------ 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008 August 30, 1979 Bert Freehof 3030 Harding Carlsbad, California 92008 Subject: Application for Zone Change (ZC-205) Dear Mr. Frcehof: TELEPHONE: (714) 729-1 i81 After further review of the proposed zone change, it has been determined that we cannot accept your application. The zone change would allow a potential maximum of 36,000 square feet of office space. Sewer is available, through the use of an existing sewer unit and a potential septic system to service only 3,600 square feet. Therefore, the provisions of Section 21.49.020 have not been satisfied and the application cannot be processed. The application is being returned to you along with a form to request a refund of the processing fees. This form should be returned to the City. Also, the exhibits will be returned to you at your request. If you have any questions, please call me at 729-1181, extension 25. I apologize for t~~ inconvenience. Thank you very much. Sincerely, t~.lL KAREN J. ~E Assistant Planner KJL: jd 1J{f 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008 Jrme 11, 1979 Bert Freehof 3030 Harding Street Carlsbad, CA 92008 TELEPHONE: (714) 729-1181 SUBJECT: SEWER DETERMINATION FOR TAX ASSESSOR'S PARCELS 205-190-13 and 14 LOCATED AT S/E CORNER OF CHESTNliT AVENUE AND PIO PICO After researching our records on the subject parcels, we have found there to have at one time been a sewer connection to Parcel No. 14 and no connection to Parcel No. 13. We will, therefore, recognize your right to utilize one sewer connection to Parcel 14 for development purposes. Under present ordinances, this.one sewer connection will service a single residence or if the zoning is changed it would accommodate up to 1800 SF of gross floor area of an office building. It is our tmderstanding that your intention is to process a zone change to RP and then come in with a site development plan for an office building.· In order to do this it will be necessary to consolidate the nvo lots into one parcel with an adjustment plat. This will be necessary to give the back lot the required frontage on Pio Pica and the two lots can then share the one connection. It is likely that a 12' dedication of frontage along Chest- nut Avenue and a future public improvement agreement will be required at this phase of the processing. Once the consolidation is complete, you will then be able to submit an application for a zone change and site development plan with the planning department, concurrently if desired. Since your one sewer connection limits your office size to less than the optinu.nn allowed on the lot, the planning department will want to see a site development plan showing the proposed office building incorporated within a plan for the ultimate future design. You should consult further with the planning department for more information on what will be required. If you have any further questions, please feel free to contact me at 729-1131, extension 34. Associate Civil Engineer DH:mmt To: Current Development Les Evans, ·City Engineer Remarks: Current Development: fr.s$t'.SS"'4>/~ tft:?t/ce/ /3 Aoe• n./-~ St!i/1/6/, Cf.r1.l ~A~ .f..,.e ~~~~,f /,.c. r..o, e. c.A41'1~4-/. P'VY'e·,; J~ ~~es ), i .)1€, ~ s~ lA/ {) r' eovr Ill e. IX>·, ..6 J -f J t'J(! £ , D +-A ec. v-c.... ..p,...() A ~ e 6 ..., f/0 l'ti:.-o 4 "'J +-A~rl'!.fi,~ c""'n'Df .J..f!.. -z.ce~~te c.J..~.,~ CoYJ~;;oJ.;/.;/e fla..e. J~l-$ w i-1~ ,vr ~ "'o/..J ~s I,.,. f rl-. f ttd 1 ~f), 1 ,..., 61-t!YJ~J-> w; 11 ~e -e (/-.. ~"" le-t / I 1:1 r I • j -f _LA ~"~ 1/au,. · ~up'! nt.'/JII aen,e a ·~~:s ;.~;,e_ (Signature) Da e) A ~ -;;..--_,A· I) d U 5 7 M .£ /Y/ r L A-T I S A t!JL:J.vl TLJ /3.£ C!..L:>rrl ~ L e: 7£ t:J • City Engineer: I SEwe~ lf-p.ofr-vi' 's AVA-;LAt3L£ ("" jJ £ J.. m tT T11v b A ril ff J..._ L!J v; L tlf /V./ <:Ja ~~ ~ .$,~£ .oF Jgv~ -'..;;_ /J:,APSS~ A~eA. (Signature) May 22, 1979 City of Carlsbad Mr. Jim-Hagaman1 Planning·director 1200 Elm Avenue Carlsbad, California 92008 Reference: Zone change for General Plan Consistency Parcels 205-190-13 and 14 Gentlemen: Your Planning Department informed me today that you will be unable to process the re-zone application requested in my May 1, 1979 letter to you due to a requirement that a minimum of one acre is required for a new septic system. However, Planning Department personnel have indicated that my request for re-zone would be considered if septic will not be utilized when developing the property for an office building. The referenced property has existing sewer connections and I am requesting that Engineering confirm that it does exist. I am also requesting that the re-zone application be processed to bring the property into conformance with General Plan consistency with the understanding that an office building will be developed on the property in compliance with existing sewer constraints, coordinating maximum development of office space as additional sewer capacity becomes available. It is our intention to combine the two parca;s into one. If you have additional questions please call at your earliest convenience. 92008 ~1ay 1, 1979 City of Carlsbad Mr. Jim Hagaman , Planning Director 1200 Elm Ave. Carlsbad, Cal. 92008 Reference: Gentlemen: Zone change for General Plan Consistency Parcels 205-190-13 and 14 I am currently processing plans for a professional office building on Chestnut Ave., adjacent to Eureka Pl. The existing General Plan designation is OP (office professional), current Zoning is R-3. To bring the zoning in conformance with the General Plan a zone change to R-P ( residential-professional) is necessary. I intend to develop this property utilizing a septic system and have initiated this process. However due to the length of time necessary to have a septic system approved we wish to concurently process a zone change to the appropriate R-P zoning. As this project will not require City sewer service we request that t~e city accept and process the enclosed zone change application. If you have additional questions please call at your earliest convenience. Please note that the referenced property sewer connections. Harding Str et Carlsbad, Cal. 92008 729-5907 " . .. {' ' ' ·. . ' .. ·. ". ~ ..,. . \... . ... ·.-'........_ ... ~----• ~ 8Z Ctty ~f C.rlsbtct ll ........... ...._. ....... - r City of Carlsbad I suavu ->11 ,_i!SIIYAf--1200 El• Avenue -c:.,: L C.rlsblct. California 92008 _j USlllllt $10.00 ...... ...-.. r I -City of earls-ad -1200 El• Avenue -"::.! L Carlsbad. California 92008 _j --t_. ' I Individual Grant Deed T .. ,....,. .. .., __ _..,_.,>u,....,....,.,. 'toe.o ........ .205:.19161.1 .l.l_ n.. """-~pod ,..-(•) dedani •) : --=--o...a_, tr-'-1U io .. , _ _JDUi.&.l_;::.-='=._ __ ( ) _,.... 001 fuU value of pnopeny c:oa...,ed. or ( ) .,.,.pua.od •• fuU .. ~o ........... ollieeo .-1 ...,....,,._ ~ "'ti-of .... ! 1 U"'-orponol*l .... : 1 XI City of C..rtsbad , ...t FOR A VAL\JABL£ CONSIDERATION, receipt of wbiclllo lmoby •<lMw~ Robert L.1an4 11'1111 A. Milne. h\lsband and wtfe as jo1nt tenants ~torre horeby CRANt'(SI •• the Cit;, of Carlsbad. a wn1c1pal corporation •be followi"' doocribool ... 1 "'-""in lhe City of Carlsbad c.-, of San 01 !!90 , Sleae o1 Calif ami&: That portton of lot 13 In Block •c• of the Resubd1v1s1on of a porttm of ALLB A'IOCAOO ACli£S in tn. Ct ty of Carlsbad. t.>u:~ty of Sail Diego. State of tall fol"ft1a. accord11!CJ to the l'ltp thereof Mo. 2027. filed 1n the Office of the Colltty Recorder of San Dfi!?O t:ll.lnty. Ml)' 11. 1927. descr1bed u follows: Comencfng at the southeastel"ly corner of said lot 13; tJiellc» IIDrtlt 280 39' oo- West along the northeute1"1y line of said lot 226.11 feet to the TRIJ£ POIJCT OF BE&INIItM6; thence North 890 05'00" West 89.23 feet; thence 11ort11 J60 17' zo• East 15.10 feet; thence South ego 05' oo· F.ast 73.26 f.-et to tile northeasterly comer of said lot 13; thence South 280 39' oo• Ea~t 13.90 teet •Jont the north@asterly line of salt! Lot 13 to the TRUE' POI1fT OF BEGIHIIIIII&. All oi shown on Exhibit "A" attached he:-eto en<! mde a part h-f. ~T.\TE OF CALl~~~-· 1 }'-'-Ull:"fTy OL _-1f"'--.J>_ E'{,.Q_ __ Oo-t!hNs.J.L.s.z_ t. ,q 79 lorf ... -· .... ... .;,: ....... ~ p.,w... ,.. ....., ,_ -cai.l ~ ...... ,...........,..,. ........ ....... ~--~----·-----------------~......a •• ~ •• lwt 1M Ji"''f"•'A----1t...._ '!a<ll,.... __ j_$ __ •u.l.,...uii-N tc d .... ,fhiu ;-1,..,..., •ad .aclinuwW. ..... J)l.-& •. -·~J:IC~ • --~ 11.to .,. __ 'I T~f-"~ my ~ • ..t •IHI ••frwi.ool '""&I. f 1 I i I ·•· ' . i -~ ... t . -~toouM-·""..,_ -·~ 13~Z City of Carlsbad - r City of tarls!:iad .., suavn _... . ..., -1200 El• Avenue -.... • Carlsbad, ta Hforn1a 92008 -L _j PIISIOV .. rlOII US&& Itt $10.00 ................ -, r -City of Carlsbad -1200 El• Avenue -":...: L Clsrlsb.id, California 92003 .J Individual Grant Deed THJ8~01'-MI'U ... IItHU.YT1~TJ'f\.&JH~ ?060 ........ ~1.9Q•' TLe .....Jaolpod a:r-1•1 dodon(o)' n-._,. -'-tu ;. $ nl 1 ...Q- ( I campated .. r..u •al• of property c:oo~ed. or ( ) campuled oa fuU vah,. S.. value ol n-....! en<....t.r-~ .. 6-. oiM ( ) U..;-rJ>'I'IIIad ana: ( X) Ciq of Carlsbad -..a fOR A VALUABLE CONSIDERATION. naipt olwhido lo "-"1 --~ Robert t.1and Inna A. Morse. husband and wife u joint unants Morae ~ !;RANT(S)Io the Cit;)' of Carlsbad, a wnfcipal corporatton t1oo rollowioot lloocribool ....t ,...,mr u. t1oo C1 ty of Carl sbacl c-y of San Diego , S••t..or Ch'.Iema: That portion of lot 13 1n Block •c• of the Resub41vhf011 of a portion of N.l.ES AVOCAOO ACRES fn the Cfty of Carlsbad. County of San 011190. State of taltfon~ia. 1ccordlng to the Map thereof No. 2027, filed in the Office of the Cot.wltJ Recorder of Sa11 Diego County, May 17, 1927, described as follows: ~!ICing at the southusterly corner of satd tot 13; thence Mortll 280 J9• oo• West along the northeuterly line of said lot 226.16 fHt to the TRUE POUlT OF BE&INIU*i; the!K:e North 890 os•oo• ~t 89.23 f~t; thenl;t 11ort11 360 n· zc• East 15.10 teet; thence Solltll 89'> 05' oo• East 73.26 fRt to tM IIOrthHstet-11 comer of said lot 13; tllenee Sollth 280 39' oo• East 13.80 feet •10fl9 the northelsterly line of said lot 13 to the TRIJE POJHT OF B£6111N1116. • t3i3 [Xliat•&- TREET' DEDICATION r \ 2- 1 '.· -.. )- ~TE:WA}.I i!TLE CON,?.ANY. 234-". ·S TITLE ORDER NO. ...... "'' ......... . 10-134 ESCROW NO ...•.•.............•..... AFTER RECORDING MAIL TO :-) FILE/PAGE ND----· ._ OOOK 1979 RECORDED REQUEST OF SWIJART TITLE CO. OF SAN DIEGO -----,. NOV 14 8:00 AM '79 .. -~~-qg_qt.~. -~~.gJ.tY.. & . Hcnn<m. D.eY.eloP.. Co .•. SURVEY MONUMENT PRESERVATION OFFICIAL RECORDS RECORDER AN DIEGO COUNTY, CA!JF. USER FlOE ... G/.Q .. ~0.30 .. Hcn:dl.ng.. S.tr.eet ................ . $i0.00 !5.00 ... Ca.r.lsb.ad, .. Cal tfo.r.ni a .92Q08 ........... . SPACE ABOVE FOR RECORDER'S USE ONLY DOCUMENTARY TRANSFER TAX S 142 • 45 )f:XcoMPUTED ON FULL VALUE OF PROPERTY CON- VEYED, OR 0 COMPUTEP'9N FULL V Ly+; LESS ¥~£NS &: ENCUM- BRANCE ReMAINI£olG t~EON TI~J; PF S~LE. BY: tZ . /(. actv FIRST NATIONAL BANK of San Diego County 0 Unincorporated Area XI City of Carlsbad rn:\~-.sr::a ; .. ~.;: r•l ... ~L\ IA.t! ~w cou~ Code:9000 Grant Deed rAxPARcELNo. 205-190-13 & 14 FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged ROBERT L. MORSE AND IRMA A. MORSE, husband and wife hereby GRANT(S) to SEAGATE REALTY AND HAMAN DEVELOPMENT COMPANY, a limited Partnership the following described real property in the County of San Diego , State of California: That portion of lot 13 in Block "C" of the Resubdivision of a portion of ALLES AVOCADO ACRES, in the City of Carlsbad, County of San Diego, State of Caliornia, according to the Map thereof No.2027, filed in the Office of the County Recorder of San Diego County, May 17, 1927; as more particularly described in the legal description attached hereto and made a part hereof, consisting of two (2) pages. Dated Apri 1 17 , 1979 STATE OF CALIFORNIA l ss. COUNTYOF ______________________ f On.------~-------------be£ore me, the under- signed, a Notary Public in and for said County and State personally appeared --------------------------Robert I Morse and Irma A Morse ------------------------·known 10 me to be the person_s_ whose nam6 ....araubscribed to the within instrument and acknowledged thathey_ executed the same. Name (Typed or Printed) Notary Public in and for said County and State. ·. MAILTAX STATEMENTS TO Name E-49 City Street State -------·w-----·-'---- FOR NOTARY SEAL OR STAMP Zip -a .!! IIJ -I "' .. 'f (J> LEGAL DESCRIPTION Order No. 23474 TliAT portion of Lot 13 in Block "C" of the Resubdivision of a portion of ALLES AVOCADO ACRES, in the City of Carlsbad, County of San Diego, State of California, according to the Map thereof No. 2027, filed in the Office of the County Recorder of San Diego County, May 17, 1927, described as follows: COMMENCING at the Southeasterly corner of said Lot 13; thence North 28°39' West along the Northeasterly line of said Lot, 85.00 feet to the TRUE POINT OF BEGINNING; thence parallel with the Southeasterly line of said Lot 13, South 61°21' West 60.00 feet; thence North 28°39' West parallel with the Northeasterly line to the Northerly line of said Lot 13; thence South 89°05' East along said Northerly line to the Northeasterly corner of said Lot 13; thence South 28°39' East along the Northeasterly line thereof to the TRUE POINT OF BEGINNING. TOGETHER WITH THAT portion of Lots 12 and 13 in Block "C" of the Resubdivision of a portion of ALLES AVOCADO ACRES, irt the City of Carlsbad, County of San Diego, State of California, according to the Map thereof No. 2027, filed in the Office of the County Recorder of San Diego County, described as follows: BEGINNING at the Southeasterly corner of said Lot 13; thence North 28°39' West along the Northeasterly line of said Lot, a distance of 85 feet; thence parallel with the Southeasterly line of said Lot 13, South 61°21' West 60 feet; thence North 28°39' West parallel with said Northeasterly line a distance of 35 feet to the TRUE POINT OF.BEGINNING being the most Northerly corner of land described in deed to Edith L. Bell, recorded J~ly 9, 1964 as Document No. 123253 of Official Records; thence continuing North 28°39' West parallel with said Northeasterly line to the Northerly line of said_Lot 13; thence North 89°05' West along said Northerly line 49.00 feet, more or less, to the most EastBrly corner of the land described in deed to the State of California recorded October 9, 1951 in Book 4258, page 290 of Official Records; thence along the Southeasterly line of said Land = (record South 35°2l'O:,ln West 46.05 feet) to an angle point in the Southwesterly line of the land described in deed to William A. Sawyers, et ux, recorded July 11, 1956 in Book 6175, page 51 of Official Records; thence along said Southwesterly line (Record South 23°08'50" East) 151.45 feet, more or less, to the most Westerly corner of land described above to Bell; thence along the Northwesterly line of said Bell's land, North 61°21' East 94.93 feet, more or less, to the TRUE POINT OF BEGINNING. EXCEPT FROM the above described land that portion lying Southwesterly and Northwesterly of a line as described in Deed to the State of California, recorded December 13, 1966 as Document No. 193784 of Official Records, said line being described .as follows: STATE OF CALIFORNIA } COUNTY OF San Di eao SS. On October 29, 1979 before me, the undersigned, a Notary Public in and for said County and State, personally appeared Robert L. Morse------------ --------~-----;-----• known to me to be the person __ whose na:m.,_ .. ---'-'; s:<____ ...... subscrihed to the he executed the within instrument and acknowledged that .same. /) ' _,......., r·, ·: -~( .:'{· . f"kj ( (. ~ rc-driv Carol A. Dodds FOR NOTARY SEAL OR STAMP "· \ .. '-• • • ''I .·.: ,.: ; c.;;~r~.·~:':-~ .. ',_ ~-~~~~c:~r):~: I ~ . : : . . . : '~ i '/ ---------------------------...--~----------· .. ---..-~------~-----------------~------------------~--.... ---~-.. -----------------------.. -----------------~----- LEGAL DESCRIPTION ~INUED Order No. 23474 Page 2 IJ".J_\lU (.J tJ .. .~ BEGINNING at a poin~ on the Southeasterly line of Lot 9 in said Block "C", distant along said Southeasterly line South 61°54'32' West, 104.93 feet from the Easterly corner of said Lot 9; thence North 73°13'55" Hest 71.66 feet; thence North 22°33'07" West, 470.00 feet; thence North 36°17'2011 East, 51.15 feet to a point on the Northerly line of said Lot 13. ALSO EXCEPTING FROM the above described Lot 13 of said Block "C" that portion described as follows: COMMENCING at the Southeasterly corner of said Lot 13; thence Nor·th 28°39 '00" \~est along the Northeasterly line of said Lot, 226.16 feet to the TRUE POINT OF BEGINNING; thence North 89°05'00" \·Jest 89.23 feet; thence North 36°17'20" East, 15.10 feet; thence South 89°05'00" East 73.26 feet to the Northeasterly corner of said Lot 13; thence South 28°39'00" East, 13.80 feet along the Northeasterly line of said Lot 13 to the TRUE POINT OF BEGINNING, as granted to THE CITY OF CARLSBAD, by deed recorded August 27, 1979 as File No. 79-359165 of Official Records. bv "rO 1944 CA (8-74) ~tnt£ INSURANCE II II AND TRUST Ill a: Ill X , known tome -------------~~S:-;;--_subscribed to be the persorL--whose name ~ to the within instrument and acknowledged that _;;;r;~ executed the same. ~ WITNESS mY hand and official seal. -~- """ I ! 1!10 0 t•ll lf"St: ----------------·known to me to be the person_5__ whose nam6 ...araubscribed to the within instrument and acknowledged thathey_ executed the same. Name (Typed or Printed) Notary Public in and for said County and State. MAIL TAX S.TATEMENTS TO E-49 Name City A11COR COMPANY . (This area for official notarial seal) FOR NOTARY SEAL OR STAMP Street State Zip -·--...,__,.._....,~ ..... --.--..-...-.L...-.... ··-~..,..._ . ...,.._ ..... -.--... ~---~--____...._~-~--~--------~-~-~--.. ------·--. ----------~----------:·-····--. J I ( lrdrr ~ntnl»e.·r "iiCO"DING "IIQUII8TIID aY WHI:N "IICOitDID. ~LI:A¥11 MAIL TO ····································· ······················-·············- FllE/PNiE Mo. .. ~ RECOft[)(ll REQUEST Of TOll IWJJU & OIJSl Ct. MAR 23 9:00 AM '67 SEiltES II BOOK 1967 OfFICIAL RECORDS SAN IJtEGO COUNTY. CALIF, ~ 1 GRAY. RECOROLR Grant Deed ............ ., .. , ...................... . ·····················-········· Jal.e .. r ..... Gilul .. ui.luDna .. C •.. GSAu, ... b.ul:lu4..&Dd. .. wita ......................... . For a '," ah.:!ble Consideration, the receipt of which is hereby acknowledged, do .. - hereby GRANT to ... l\Q'tlen .. J. ..... Ie .. ull .. :rz.. .. A •.. llorH.,. .. huabulll.AD4 .. v.U.e .. aa .. Joi.nt. .. taDILDU .. all that real property situated in the County of .......... &Nl .. D1e&Q.... . .. ... . . .. State of C.Iif,,rnia. d~ ribed as follows: Jlartloll ot Lot 13 1A Block "C" ot the Re11Ubd1Yia10D ot a portion ot Allee Avocado Acree u ..,. ,artleular:Q' aet out 1A the deaer1pt1oo attached bereto and •de a part bereot, -.ftecl ldllblt "A": ;-. ~ ,....---:::::-_,___ ~' Dated ... .!'e~--~---196.7 ............... . STATE OF CALIFORNIA. cot.:~TY or .. ~~J.I ..• J~':f"· I ·---~--.-;------ 1-~{( v 1(/.: 'L t ·nM.E··r~··am · ................... L ..... . ;: . ' ~, lroREV'A C. G1:KW l)n.. . ..... ~~!.t?. ( ."..l:/ /.V ~ t·f .-~ . l~t·f~,n· nw tlw U!JIIt·J:-i_:.:,u·tL a \.~tan Puldi(' in 1n•l for !"lid ~tatf'. penonall: appeareJ /),._1.._ ;}_ .. ..:._,,_,_ '·; ~:_._,_,_. known to me to be the pereou...: ... -.·hose name..: ~t.~.<..· ~~CknowJe.lged that .... ~v. ..... exet·uted thr same. WtT~Es:; my hand an~•fficial.eal. (~al) '"~"" ... .., .... , ... ' ... . I ..; '"f~'A l ' .· :, SA~ Ll.lCO CO'-INTY •uh-.·ril.._,,l tn tlw , .. ,, ftin instrumrnt and (~~.;;~-Tytcd "' l'r'~·;;;i.······· ............ i ...... . lETTY KEN~~~~f~'*\~ and for said Statr •O Itt ood ... tho ~·•!• of C.:ifo<ft'o M•ll Tax Statemenll to: _.-JRI'lWIMADMIL..I.!MJIIMII'MIIillii~ ... -.:1&-Wy-C_...,;,i,.;o, &,.;, .. A11til 2 .. ltt7 (Same) ~-· ---·----·-·-----........... -·---............... ------·--·-M--•• ·-------· --------••-- . ._ IICIDtr--" A" .... That rnrt~on of LoU 12 anu ll in block "(" of the Retubdivis ion ~f n portJC~n of Alles Avocuuo Acre~, in the City of tarhhad, Couu~y ,of S~n lli~JtO, Shte of Califurtdu, acl:or•'inr. to ~lap thereof llio. "(1 .. 1, h \cd 1n the Offict' of the Countv Recorder of San ilicg(\ Cow1tv, ~okscrihed as follow': · bci~nnin~ at the ~outhcastcrly corner of s:liJ Lot 13; thenc~ r-.ortl& 2K ~9' hesl alon~ the ~orthea~terlv lin~ ot ~aid Lot a distance of as feetj thence parallel with thL· Southcastcrl:· line of ~aiu l.ot L>, ~outh bl.21' West bll feet; the. :c ~orth z~s•3~1' West parallel with sait. ~ortheastcrly line a Ji·stance of 35 feet to· t11e True Point of· Beginning bein~ the most :.;orthcT'lv cornl'r of land JescrihcJ Ln Llet•d to t.dith L. liell, recorded July !J, Hltl4 as Document ~o. 1~32:;3 of Off1Ci.ol Records; thence continuing .Sorth 28.3:J' ~'>est parallel .with s~id Nortileaste-rlv line to the ~orthcrh line of said Lot 13; ·.he!1Ce North 89.05' ... est along said Northerly lin( 4~1.!1() fef':, J10Te or les!'l, to the most easterly corner of the land desLrihcJ in ,tee(. to the State of California recorded Octoher .!J, l!JSI in.Hook 4.!:.x, P•l• 29U of Official Records; then.:e along the South"asterly line of said land (record South 35.21'51" h'est 4tl.o:; feet) to an nn1:lr roint in the South~:sterly line of the land Je~cribed in del'' tr "illiam A. Sawyers, et ux, recorded J~ly 11, l~Sll in t.ouk ol"TS, page 51 of Official Records; thence ~lonr said Southwesterly l inc (reLord South 23.08'50" t.;ast) 151.45 feet, ".lore or less, to the .ast ~esterly corner of land descri!'e{' at>OVc t<' liell; thence alon~· the NorthwesterlY line of said hell's land ~orth t!l•21' East 94.~!3 feet, more or less, to the True Point vf i>eginning. l:..xcept from the auove Jescriued land thH porti_, ~: ing Soutr.wcstetly and Northwesterly of a line as described in lJeed to the State of California, recllrded Uece•bcr 13, l9b6 as l>ocur.~ent No. 1!13784 of Offic1.al Recorda;, said line being described as follows: Beginnins: at a point on the Southeastcrlr line of Lot 9 in saiJ lilock• "C", distant alou~ said Southeaster!; li1.e South h}0 C,4'32" hest, 104.93 feet froiD the Easterly corner of said Lo.t 9; thence North 73.l:S'SS" h"est, 71.66 feet; thl~ce lliorth 22~33'07" 11est, 470,(l" feet; thence ~orth 36.17'20" Last, Sl.lS feet to a :'oir.t on ~or .~&erly line of said Lot 13. I .) 120P ELM .AVENUE C~R.LSIJAD, CALifORNIA 9200d ..,. DATE:. TO: SUBJECT: .~ .. ·. NOTICE OF INCOHP,ETE lli'PLICATION 1 CASE NO:~-~ ~<d()-~ I I .i TE'LEPHCNE: (714} 720·1.101 We have reviewed your a??lication and have· determined that it i·s not complete. Befc::-e processing your application 1 ,.,.,e need the follo-v.ling informa~:::::: 0 AoT?t~k(__ ~-,----~ -. ~) s fJ fEE;. lt-/t:IV..r • Jl If this _:.;:formation is received by . -/"'?JI4;_,Z'---. ·, (Date) this itsrn will be placed on the t1~ Z '5 , Planning Cormuission ------4~(~0-a~t~e~)~------~-- Agenda. If you ~a~e any questions, please call me at 729-1181, extension 25. Sincerely, KJL/ar 4/li/79 t<ec , vo. ----- APPL~ATION NO. ZONE CHANGE 0 ) --- CITY OF CARLSBAD (Please Type or Print) Date: May 1, 1979 \;'-\,J.~-~ 1. REQUEST: Zone Chan~:~e present existing ___ R_-_3 _______ _ zone ( s) to the R-P·~fResidential-Professional) zone ( s) 2. LOCATION: The subject property is_ generally located on the East side of Pio P.ico ~ at the corner ~ of Chestnut Ave. (on the south side of Chestnut) 3. ASSESSOR'S NUMBER: Book 205 Pagel90 Parcel 13 ---- Rook205 Page 190 Parcel 14 (If more, please list on bottom of this page). 4. City Zip Phone 5. APPLICANTS· SIGNATURE: I hereby declare that all information contai~ed within this application is true. Name Address City Zip Phone Bert Freehof 3030 Harding St., Carlsbad 92008 729-5907 Representing (Company or Corporation) Seagate Realty & Haman Development Co., .a limited partnership Relationship to Property Owner(s)-Potential new owner of subject property 6. Is this request consistent with the General Plan and applicable Specific Plans? YES --~~--------------------------------------- Please note: As per Sectjon 21.52030 of the City Code, the Planning Director must find that this request is consistent with the General Plan or applicable Specific Plans, or the application shall not be accepted. This determination may be appealed to the Planning Commission and City Council. The City of Carlsbad Planning Department would appreciate the oppor- tunity to work with the-applicant thro~ghout the Planning Stages of the proposed development. In an effort to aid the applicant, the Planning Department requests that it be 'given an opportunity to evaluate and discuss the application and plans prior to submittal. This request is not a requirement; however, it may avoid major re- drafting·or revision of the plan which only serves to lengthen the processing time. ATTACHMENTS: Supplemental Information Form -Planning 21 Preparation Check List -Planning 30 Procedures -Plann~ng 36 FORM Planning 3 Date of Planning Commission Approval __________ __ 0 ) 0 ) SUPPLEMENTAL INFORMATION FORM CHANGE OF ZONE 1) Gross Acres (or square footage if less than acre) 0.46 acres gross 2) Present Zone R-3 Proposed Zone R-P ~~---------------~~---------------------. 3) General Plan Land Use Designation Professional and related commercial 4) Source of Water Supply Existing city service --------~--~~--------------------------------- 5) Method of Sewage Disposal is Sewer system --a sewere hookup now exists for the subject property 6) Types of Protective Covenants to be Recorded None ------------------------- 7) Transportation Modes Available to Service the Development Existing surface streets and bus service 8) School District Serving ~he Prpperty Carlsbad Unified School District. Property will be used for a professional of'fiee building and it is anticipated this will not have any affect or impact on the school system. 9 l This application for a Change of Zone is supported by the following reasons: a) Such a Zone Change is warranted because the property fronting on the east side of'l?ioPico south of.Elm·consists·of professional offices and related commercial stores~ The intent is to construct a professional office building on this property, which'will bring the property into conformance with the General Plan Land Use· designation, as well as conform to recent developMent on P1o Pico b} such a Zone Change will be in the interest of furtherance of . public welfare because a prafessional office building would provide a needed service to the community~ and would serve as a buffer between the freeway and residential,properties. The property would be attract1vely land- scaped to complement the city park acrpss the street to enhance the overall appearance of the area. · c) The permitted uses in this proposed reclassification will not be detrimen~al in an~ way ~o ~urro~nding pro~erties beca~se the develop- ment of a 2rofesstonal off1cebu1ld1ngw1th attract1ve landscap1ng that will be necessary for.tennants to locate there w1ll conform well w1th the c1ty park and serve as an incentive· for surround1ng propert1es to ma1nta1n the1r property in an equally attractive fashion, as well as be a buffer to the freeway.~ d) The property in this application is more suitable for the proposed zone than the existing zone becauseit would conform to recen development and bring· the zoning into conformance with the General Land Use Plan designation~ e) What were the original.deed restriction, if any, concerning the type and class of perm1tted uses on the subject property? (Give expiration date of these restrictions) .None -------------------- MISSION APPR VAL