HomeMy WebLinkAboutZC 205; Freehof; Zone Change (ZC)STAFF REPORT
DATE: October 8, 1980
TO: Planning Commission
FROM: Planning Department
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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
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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$t'.SS"'4>/~ tft:?t/ce/ /3 Aoe• n./-~ St!i/1/6/,
Cf.r1.l ~A~ .f..,.e ~~~~,f /,.c. r..o, e. c.A41'1~4-/. P'VY'e·,; J~ ~~es
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w; 11 ~e -e (/-.. ~"" le-t / I 1:1 r I • j -f _LA ~"~ 1/au,. · ~up'! nt.'/JII aen,e a ·~~:s ;.~;,e_
(Signature) Da e) A ~ -;;..--_,A· I) d U 5 7 M .£ /Y/ r L A-T I S
A t!JL:J.vl TLJ /3.£ C!..L:>rrl ~ L e: 7£ t:J •
City Engineer: I SEwe~ lf-p.ofr-vi' 's AVA-;LAt3L£
("" jJ £ J.. m tT T11v b A ril ff J..._ L!J v; L tlf /V./ <:Ja ~~ ~ .$,~£ .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
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FOR A VAL\JABL£ CONSIDERATION, receipt of wbiclllo lmoby •<lMw~
Robert L.1an4 11'1111 A. Milne. h\lsband and wtfe as jo1nt tenants
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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~~~-·
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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.
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TREET' DEDICATION
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'.· -.. )-
~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
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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