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HomeMy WebLinkAboutZC 215; S PALOMAR AIRPORT RD.; Zone Change (ZC)Ii u. 13::2 (P / API'Lt1lfo~"fo~ONE CHANGE .0 --- CITY OF CARLSBAD (Please Type or Print) • 0 o D ate : _ ...... 6oC....----"~.....:·I_-_.lJ_~~ __ 1 • REQUEST: Zone Change from the pl"esent exist'ing E 1 A Cc:.o.) zone(s) to the __ /v\~o~ __ -~'~N~O~U=S~~~&~\!~A~L_o ________________ zone(s) 2. LOCATION: The subject property is generally located on the SouTH side of~ A,~ J:n. bet\'Je~n ------ and EA$"r OF KE.J.iY DR.. M'Pf.d<... vveS'Tg(a.r-\ <>t AG. of ~ 3. ASSESSOR ' S NUI,1BER: Book 9. 10.... Page oyO Parcel ~£ 8.00 k ---Pa,ge_O _ O __ Pa}~cel __ o __ (If more, please list on °b 0 t tom 0 f t his p age) . 4. City Zip Phone 5. APPLICJ\NTS 01 hereby declare that all information contained within this application is true. Name Address City Zip Phone o Rep res e n tin U C 0111 pan y 0 r C 0 l~ P 0 rat ion) Relationship to Property Owner(s). A6-ENT '. 6 ~ Is this request consistent with the General Plan and applicable /1 S p e c i f i c P 1 a n s ? Yes 'I J.lEl-D IN RESEIiWE FoR tVO-U-.e6SIDE'N71A L O$s' S~H ~5 ,O.6.'eICVLlv1eAL I IN CI,).s~/Al... ••• f/ please note: As per Section 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 throughout 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 appl iCution and plans proior to suhmittal. T his r e que s tis not are qui I" e III e n t; h 0 vI eve r ~ i t ma Y 0 a v 0 -i cl III a j 0 l~ r e - drafting 01' l~c\,.jsion of tile plan which only serves to lengthen tile processing t·ime. r ATTACHl~ENTS : Sup P 1 rill e n t i1 1 I n f 0 l~ III t1 t ion r 0 rill -P 1 ann i n 9 21 Pre p il I' a Vi 0 II C IlC! C k L"i s t -P lei II n i n 9 3 0 Procedures -Plannina 36 FOfn1 Plilnnolnq J Uilte of Plilnn'inq Comlfds~,oioll I\pprovill.o __ • __ • ____ • ____ o _ •• __ .. _ 4 •• ,.._,-.,_ ••• ~, ... -_ .......... -_. __ _ SAFECO TITLE INSURANCE COMPANY DON AGE TAP P.O. Box 590 Carlsbad, CA 92008 Attention: Dated as of August 14, 1978 at 7:30 a.m. THIRD AVENUE AT "A" STREET SAN DIEGO, CALIFORNIA 92112 TELEPHONE NO. (714) 232-4031 Your No: Our No: D-586283 In response to the above referenced application for a policy of title insurance, SAFECO TITLE INSURANCE COMPANY hereby reports that it is prepared to issue, as of the date hereof, a California Land Title Aosociation Standard Coverage Form Policy of Title Insurance describing the land and the estate or interest therein hereinafter set forth in Schedule A, insuring against 10S8 which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception in Schedule B or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said policy form. This report (and any supplements or amendments thereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested. SUSAN JOHNSTON Title Officer Order No. D-586283 SCHEDULE A The estate or interest in the land described or referred to in this schedule covered by this report is: A FEE Title to said estate or interest at the date hereof is vested in: HIROSHI UKEGAWA and MIWAKO UKEGAWA, husband and wife, as joint tenants, and JOE UKEGAWA and IRENE UKEGAWA, husband and wife, as joint tenants, each as to an undivided one-half interest as tenants in common The Land referred to in this report is situated in the State of Cali- fornia, County of San Diego, and is described as follows: SEE EXHIBIT itA" ATTACHED TYPED 8-16-78 D-586283 E-17345 EXHIB IT itA It That portion of that certain parcel of land shown and designated as "Description No.3, 78.07 Acres" on Record of Surv~y Map No. 5715, filed in the Office of the County Recorder of San Diego County, De- cember 19, 1960, being a portion of Lot "Gil of the Rancho Agua Ile- dionda, in the County of San Diego, State of California, according to Map thereof No. 823, filed in the Office of the County Recorder of San Diego County, November 16, 1896, lying Southerly of the cen- ter line of County Road Survey No. 1534 as shown on said Record of Survey Map No. 5715 (now known as Palomar Airport Road) and lying Westerly·of a straight line drawn Northerly from the most Northerly corner of "Description No.5" on said Record of Survey Map No. 5715 to a point on the center line of said Road Survey No. 1534, distant thereon North 78°54 '09" West, HO.74 feet from the Westerly terminus of that 1200.00 foot radius curve in the center line of said Road Survey No. 1534 as shown on said Record of Survey Map No. 5715. · , Order No. D-586283 SCHEDULE B At the date hereof Exceptions to coverage in addition to the printed exceptions and exclusions contained in said policy form would be as follows: 1. General and special district taxes, a lien not yet payable, for the fiscal year 1978-79. la. Bonds' or assessments levied by the Carlsbad Municipal Water Distri ct, if any, a report of which has been ordered. 2. An Easement affecting a' portion of said land and for the purposes stated herein and incidental purposes in favor of the San Diego Gas and Electric Company, For: A line or independent lines of poles and/or steel towers and wires and/or cables suspended thereon and supported thereby, and underground conduits, cables, vaults, and manholes and other communication purposes Recorded: August 14, 1957, in Book 6706, page 514 of Official Records Affects: The Southwesterly line of said right of way shall be parallel with and 50 feet Southwesterly, measured at right angles, and the Northeasterly line of said right of way shall be parallel with and 100 feet Northeasterly measured at right angles from the following described line: Beginning at a point on the Southerly line of said Rancho Agua Hedionda, distant thereon 3427.40 feet Easterly from Corner No. 13 of Lot "G", as shown on said Partition Map; thence North 28"51'09" West, a distance of 5474.83 feet; thence North 34°44'58" West, a distance of 1463.61 feet to a point on the Westerly line of Lot "F" of said Rancho Agua Hedionda, which iast mentioned point bears South 87°25'01" East, a distance of 2025.08 feet; thence South 6°48'36" West, a distance of 1218.96 feet; thence South 0°26'31" East, a distance of 1047.85 feet from Corner No.6 of Lot "F", according to said Partition Map. Said deed also recites, in part: . The Grantor grants to the Grantee, its successors and assigns, the right to trim or top and to keep trimmed or topped, any and all trees on the lands of the Grantor adjacent to said right of way strip for a distance of 20 feet from the exterior lines of the right of way strip, to such heights as in the judgment of the Grantee, its successor or assigns, shall be reasonably necessary for the proper construction, operation and maintenance of said electric transmission line or Itnes, but at no point outside the right of way strip to a height of less than 30 feet. , l 99D-586283 Page two • ~ Grantor agrees that no other easements or rights of way shall be granted on, under or over said strip of land by Grantor, without the previous written consent of Grantee. The Grantors, their successors and assigns shall have the right to construct and use roadways across but not along the hereinbefore described right of way; provided, however, that said roadways shall cross said right of way at an angle of not less than 45° from the center line of said right of way; and provided also, that said roadway crossings are so located and constructed that their location and use will not interfere with nor impair Grantee's access to and along said right of way; nor shall said roadways impair, endanger or damage Grantee's structures, erected over, along or under said right of way; nor shall the construction of said roadways impair or lessen the Clearance between the surface of the right of way and the Gra~tee's facilities erected thereon, suspended thereover or placed thereunder. 3. A right of way and incidents thereto for public road purposes, as conveyed to the County of San Diego by deed recorded February 16, 1960, as File No. 31696 and particularly described as Road Survey No. 1534 (Palomar Airport Road). 4. kwaiver of any claims for any and all damages to the land described herein, by reason of the location, construction, landscaping, or main- tenance of the highway adjoining said land, as conveyed to the County of San Diego by deed recorded February 16, 1960, as File No. 31696. 5. An easement for roadway and utility purposes over that portion of the property herein described, lying within that certain strip of land designated at "60 foot easement Reserved for Roadway and Utility purposes", as shown on Record of Survey No. 5715, as reserved by Title Insurance and Trust Company, a corporation, in deed recorded February 2, 1961, as File No. 19367, and ~s granted in various subsequent deeds of record. 6. A deed of trust dated March 4, 1969, to secure an indebtedness of $57,296.00, and any other obligations secured thereby, recorded April 14, 1969, as File No. 63378. Trustor: HIROSHI UKEGAWA and MIWAKO UKEGAWA, husband and wife, and JOE UKEGAWA and IRENE UKEGAWA, husband and wife Trustee: Beneficiary: THE BANK OF CALIFORNIA, National Association, a national banking assocation ROBERT PATRICK KELLY and RICHARD C. KELLY, Co- Conservators of the Conservatorship of ROBERT DEWEY KELLY, Conservatee D-586283 Page three • 1""'"'\ 7. A deed of trust dated May 5, 1977, to secure an indebtedness of $1,300,000.00, and any other obligations secured thereby, recorded May 27, 1977, as File No. 77-207932. Trustor: Trustee: Benef iciary: HIROSHI UKEGAWA and MIWAKO UKEGAWA. husband and wife as joint tenants as to an undivided one-half interest; and JUNE I. UKEGAWA (who also acquired title as IRENE UKEGAWA), husband and wife as joint tenants as to an undivided one- half interest CALIFORNIA FIRST BANK, a California banking corporation CALIFORNIA FIRST BANK Covering this and othe! property. NOTE NO.1: The effect of a Certificate of Compliance issued by the Director of Land Use and Environmental Regulation (LUER) recorded on October 20. 1976, as File No. 76-346930. NOTE: Tax Figures for 1977-78 1st Installment $981.12 paid 2nd Installment $981.12 paid Land $25,000.00 Improvements $None Exemptions $None Tax Rate Area 62008 Parcel No. 212-040-25 , "\ .. ~ " " APPLICANT DlSCLOSUlill FOm'l J •. :,. .• -.... "";0 I,. In order to assist th'c members of the Planni)')(~ Commission and City Council to avoid possible conflicts of interest, all applicants arc required to complete this disclosure fonn at the time of SUbmitting their application. When 'this form has been completed and signed, the information will be relied upon by them in determi~ing if a conflict may exist"so please ensure that all of the information is completed and accurate. If at anytime before i). final action on your applic~tion has been rendered, any of the, information required by this disclosure changes, an amendment.reflecting this change must be filed. If the applicant is an individual, or a partnership (either general or limited) or a joint venture, please state the full l!illne, address and phone number .of ~ach'person or individual (including trusts) who own any beneficial interest in the property \-1hich is the subject of this application. Should one or more parties to the application be a partnership or joint venturer then please state the full legal name of the partnership or joint venture, its legal address and the name and address of each individual person who is a general and/or limited partner or member of the joint venture. Should one or more of the parties be a privately held corporation (10 share- holders or less) or a real estate syndication, then please state the state of incorporation or syndication r corporate nwnber, dale of incorporation or . syndication, corporate or syndicate address, and the full names and addresses of each individual s11areholder or syndicate member. Should the corporation be a publically held corporation, then state the full name ai1d address of the corporation, the place of its incorporation, number of shareholders, and the na.'11e and address of the officers of the corporation. Should you feel that.. additional information needs .to be 'provided in order to provide a full disclosure, please include it • ... ;a.-" ........ . . r If after the informlltiul1 you lwve submitted hilS been rcvicI'lcd, it is determined that fm-.:.her information is required, you 'ilill be so advised • APPLICl\.NT: AGENT: HEHBBRS: . 1-\ \ &0 St=\ \ tJ K.E6-ALUA C 306'. u teE GA-W/~ Name (individual, partnership, I joint v.enturc, corp.orat'iol1, syndication) fio ~,c..\< :SAvEa Bu l.ness l\.ddress __ ~4~3~.~~~)~g~, ________ _ Te,lephone Number Name . Business Z-lddress .. , .. 78/1 -89"] 3 Telephone Number HIROSH( UKEGAwA Name (individuill, partner, joint vehture, cOl~poration, syndication) c/o N Ic.,..K "AU~ Bu!!iness l\ddress 'l'elephone Number Home l\ddress . Telephone Number Name Home Address Telephone Number 'l'elephone Number . . (Attach more sheets if necessary) 1/\\le declare unCIAV' ,",An:> 1 i-" nr '"'''''-;",..." t-h;d-t-h", ; nfnrmrtt-i nn r.nnt-ri; npcl ; n t.h; s dis- closure is true relied upon as 1 ---........... -. . . ~.,:: ... . , i: I I I' I, .• I I II II ! ! " I , i! 1 I ill II .. -l' , I " , I I. . . .. SWLEI"l[IHAL l ..... OrUIjATIOI~ FOR~ CHANGE OF ZONE 1) Gros's Acres (or square footage 'if less than acre) I?:>. Q9 Ac. 2) 3) 'Present Zone E 1 A (co) Pro p os e d Z 0 n.e_--,,-"""~~ ____ _ . Genera 1 Pl an Land Use Des'j gnati on_-=-N~R.~R...-=-__ -:--,---_____ _ Source of l~ater SupplY_--"o,G--,.M.~..,..:.~~-,C)...,I-_· ____________ _ 5) I~ethod of Sewage' Di sposa 1 is APPe.i>vSD Sc:f!Oc.. sy~ 6) Types of Protective Covenants to be Recorded __ ~~~~~~(~---------- 7 ) T r a. n s po r t a. t ion Hod e s· A vail a b 1 e to S e r vic e the, De vel 0 pm e n t ___ _ AtlTO~OBI LE: . 8) School'District Sel~ving the Property ----------------------- 9) Are School Facilities Capable of Serving this Project _______ __ NO:r REG\) I R-.ED nTritten confirmation of this requ-irement must be subndtted prior to Pl~nning Commission hearing). . 10) This Application for a Change of Zone is supported by the Following Reasons: a) Such a Zone Change is vJarranted because rr VVILL b) c) e) PRDVIOe. SDB-A NON R£srDG.N"QAL V$E AND SP&::'rPI,4LLY &.all' 06 RDe.. A FR.of¥>:sc:o -r-oM.A;;JO eAGKIN~ PAc, L..IT';I. Such a Zone Change will be in the interest of furtherance of Public welfare because ius ,su[3;S£CI" P1?OPEgry IS. \N 1 -r..., IN T#-IJ; A I &Pom IN PL, c...e N cS "2..P1\.) E All.) I S ~(Y\d'\5tVc)E"i> FOR.. /lION t?e..s (Oe.IV'fAL-U'5S suc.-f{ A£ AN fNOJ4?:rR-cA L V$';;; .. The permitted uses in this proposed reclassification will not be detrimental .in any way to surrounding propertiefl ~~~us~~15g~ il:JE N~~l?~d57D~/£~ks,' THe. pfi?oPsgr'V TO:n<e ~t?rH IS PHVSlCAL-LV 6geAeA-rEC> BY A 6c>" -70" ~ l< • The. pr'opel~ty in this' application is mOI"e sU'itable for the proposed zone than the exi sting zone-because IT is IN Tf..r1S Alf?.PoRT ItVPt..Ve/UCE:. ZONt-:::" ANO IS \~hat were the or·jginal deed testl~'iction, .if a'ny, conce\"nin~ the (ype and class of permitted usc~. on tile subject property? ( G i vee x p ira t ion d ate 0 f the s e \" est l~ 'j c t.i 0 n s ) . ~\ A.. FO IU~ __ £...~'.l..D.!2-~.o.sL.?J_ Da tr. 0 f P 1 ann'j no C 0111111 i ~; s ion 1\ p p to v 01. ___ _ . . 'REPAHA'lIION C1JDCK L e GENEJlAL PLl\.N l\r'1END)\1EN'J.'/ZO~',:' _ :211llNGE DOCUf\1El'.J'rS REQUIRED FOR SUDMITTAL: '1) Application vlith supplemental information sheet completed. 2) Environm~ntal Impact Statement or Report with Fees (if required). 3) Photostatic copy of deed with complete legal descr~ption of subject property or other form of de~cription acceptable to the paanning Director. 4) Fee: $100.00 plus $5.00 per lot. 5) 300 Fool:. Radius Map - A map to' scale not less than 1"=200' showing each lot withi~ 300 feet of the exterior bohndaries of the subject,pro~ertYr and each lot within 300 feet of the 'exterior boundaries of the subject property shall be consech,ti vely numbered to corJ::-espond with the property owner I s list. 6} Property Owner's List - A typewritten list showing the number of each lot within 300 J , followed by the Owner's name and add~ess. This· list must be accurate and taken frofu the latest equalized assessment roll on file in the office of the Assessor of Sari Diego, 1600 Pacific Highway, Room 103, S~n Diego, California 236-3771. " . . , " ... PROCEDUHES " 1) A lj p 'I ; c a ~ ion ~ 1 il ri l:!...i n L~J~J.1~~~j-..?iiQ.I1_: I nan e f for t to aid the a p p 1 'j can t, ~ he P 1 a 11 n i n g D epa I' t men t r e que s t s t hat i t b e 9 i v c n an opportunlty to evaluate and discuss the application in its. val"ious stages of development prior to submittal.' It;s mote e f fee t 'j \~ e i f a p p 1 i can t me e t s d i l~ e c t 1 y \,rj t h s t a f f; howe v e r , written Ot telephone communication 'is acceptable. It is the respons'ibility of the applicant to loake the initial contact for such meeti~g. 2) Submittal: Application will be accepted only if the applica- tion, plans and othet pertinent materials are complete. Generally, the date application will be heard will be deter- rni.ned By the .s·ubmittal date as indicated within the approved Planning Commission calendar. ~) 4) 5) 6) 7 } Pl'anninq COlTIlll'issiol1 Calendar: The Planning Commiss'jon adopts a nan n u alcal(; n d a)" til a t i n-rr cat e sap p 1 i cat 'j 0 n c los i n g d ate s , staff review dates, staff )"epott completion dates, and Plan- ning Commission hearing dates. You may acquire this calendar at the Planning Department. Staff Review: On the date as indicated on the Planning Commission Calendar, City Staff conducts a review meetin9 on all items on , the Planning Comll1ission agenda. The applicant is invited to attend and to explain the ptoject and respond to staff preliminary recommendations. Upon completion of this review, Staff will pre- pare final staff recommendations to be submitted to the Planning Commiss·ion. The f'inal report with· recommendations wi'I1 be available at the Planning Department five days prior to the Planrl"ing Commission hear'ing (Friday aftel~noon prior to the Planning Commissi6n meeting date). . llearinq: The. Planning Commission meets eve)".\' 2nd and 4th .. ---'-'-Wednesday of the month at 7:30 p.m. or as indicated on the Planning Commission calendat. Depending on the type of appli- cation,' the Planning Commission will either make a finding and forward to City Councilor make final action. A.~eals: Final action by P1ann"ing Commiss'ion may be appealed -ro the City Council, prQvided such appea'j is filed within ten (10) days after the Planning Commission action. The applicant should review with staff the protedure on the various types of appl1cations. Final Decision: The City will notify the applicant and property owner of the final decision. ,. ('... \, .... , ." f 0 [<1'1 : P 1 (\ II 11"1 Wi :Ii 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008 • RE: APPLICATION NO. (!Cit!' o~ (!CarIsbab Your application for se'i.oJer allocation on the Second Phase Sewer Allocation program was approved by the Carlsbad City Council on February 19, 1980. The following time require- ments are as of the Council's action date. If your project requires a discretionary permit (i.e., Tentative Tract Hap, Planned. Unit Development, Condominium Permit, Variance, Conditional Use Permit, etc.'),appli- cation for such permit shall be filed within sixty days from February 19,1980 (on or before 4:00 P.M., April 21, 1980lApplicant is required to diligently pursue his permit to a final decision. Please note that Coastal Permits are not City discretionary permits as referred to in the Second Phase Sewer Allocation. TELEPHONE: (714) 729-1181 Application for Building Permit must be filed within forty- five days from February 19, 1980 (on or before 4:00 P.M. April 4, 1980) for those projects not requiring further dis- cretionary permits; or within sixty days after final City action on the discretionary permit. The applicant is re- quired to diligently pursue his permit to a ffnal decision. The City Council may extend the time for building permit applications an additional sixty days for major projects. If you have any questions, please feel free to contact my office, (714) 438 -5541. ;J, E-t~~ Les Evans City Engineer I(f-LE/ JE/ms c: Building Official Planning Department City Clerk , i , : I , • j f .' 120,O:ELM J\VENUE CAR.LSBAD, CALIFORNIA 92008 TELEPHONE: (714) 729-1181 DATE: . TO: SUBJECT: Citp of ~arI5bab August 22, 1979 Joe Sandy c/o Agatep Corporation (Applicant) NOTICE OF INCm'lPLETE APPLICATION, CASE NO: Ukega~a (pre-aqnexation zone change .~nd annexation) We have reviewed your application and have deterlnined that it is not complete. Before processing your application, we need the following information: We cannot accept the application at this time due to the City's current planning/sewer moratorium c· If this irformatidn is received by N/A , this item --;'=D-a-:-t-e.-)---- will be placed on the N/A , Planning Commission (Qate) Agenda. If you hav~ any questions, please call me at 729-1181, extension 25. Sincerely, PLANNING K4"L/ar 4/4/79 FORM 56 i' .-a... ~.. : : .... ... " . . -." . ' . .... .... . " '. :' ('. ..... , '. " , ~ '. 0 0 : ~tN\ -\$/ -). I 1, ••• ,.... :fw\ b,W .W » n / • . ' ~ ~ r' I \e, , ", ,lit . ~. ; .. ". . (). -. ( CHI\t'IGES OLK OLD NEW YR CUT 12 27;28 L~ ~.2~ 0' ,,, 29. '0 7J 16008 27 13J~-'2 72 7ff% r.r.J ,28 \31 311t,H 14 '8~ 1-33 B-!-!" .:5 Vc:9O? ~ I ! I .:F ___ --------i ... , .iI 3 ZOAC. . ~' c.' ;" ''':'0' .,.~; 0 "'0 Il.\:-. : ." ; .• : .' ,. '." ......... '. 1_. , .. . o. .... : \:\: ... .... o ,. (ASlE NO •. zc~ 2,,1f!. . . • APfP'L,I'C;A.:i\I;t Uk&:.Yl!WA ... 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