HomeMy WebLinkAbout1973-07-17; City Council; Resolution 31751
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RESOLUTION NO. 31 75 0
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ANNOUNCING FINDINGS AND DECISION REGARDING CHANGE OF ZONE FROM L-C (LIMITED CONTROL) TO RD-M, R-1-7500, AND P-Cy FOR 1106 ACRES OF LAND, GENERALLY LOCATED SOUTH OF PALOMAR AIRPORT ROADYEAST OF 1-5, AND WEST OF EL CAMINO REAL.
IEREAS, ON April 24, 1973, a duly advertised Public Hearing was held
iefore the Planning Commission in a manner prescribed by law, to consider
1 preannexational change in zone from San Diego County A-1 (8) and E-1 (A) ,
to City of Carlsbad zoning C-1 , RD-M, R-1-7500 and P-Cy on property generally
located south of Palomar Airport Road, east of 1-5 and west of El Camino Real,
jescri bed as Exhibit "A", attached hereto; and
WHEREAS, at the conclusion of said hearing, the Planning Commission
if the City of Carlsbad, adopted Resolution No. 894 recommending Denial
if zone change which is herewith referred to, and made a part hereof; and
WHEREAS, said application has complied with the requirements of the
"City of Carl sbad Environmental Protection Ordinance of 1972", and an
Environmental Impact Report was filed and discussed at a duly noticed public
hearing held by the Planning Commission, and was approved as presented;,and
WHEREAS, on June 5, 1973, the City Council of the City of Carlsbad
held a public hearing on the appeal of said Denial , received all recommendation!
and heard all persons interested in or opposed to the proposed change of
zone and indicated their intent to grant said appeal and referred the matter
back to the Planning Commission for report; and,
WHEREAS, on July 2, 1973 the subject property, also known as "South
Carlsbad Annexation No. 1.15" was annexed to the City of Carlsbad and zoned
L-C (Limited Control) pursuant to the requirements in the Carlsbad Zoning
Ordinance , and ;
WHEREAS, on July 10, 1973 the Planning Commission was presented a
report describing City Council action regarding the Ayres Preannexational
zoning request and submitted the following findings to the City Council for
their consideration:
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WHEREAS, the area requested to be rezoned RD-M on the western side
If the Ayres holdings should be placed in a P-C zone without a Master Plan.
The area on the eastern side of the Ayres holdings should be zoned as
mequested, except the zoning boundaries should be coterminous with boundaries
)f the proposed Rancho La Cuesta subdivision map, and;
WHEREAS, the Planning Commission would urge the City of Carlsbad to
stablish the position that much of Carlsbad is being planned with zones and
laster Plans in areas where the necessary information is not available, thereby
:onstituting somewhat premature development. Until such time as the General
'lan revision is completed, additional applications should be discouraged, and,
WHEREAS, notwithstanding, the Planning Commission recommends the City
iounci1 of the City of Carlsbad grant the zoning on subject property for the
'01 1 owing reasons :
1. It designates potential zoning and densities for a large area of our undeveloped land, thereby providing some positive basis for planning circulation patterns in this and nearby areas.
2.
the General Plan which is now under consideration by our City. It will create some positive positions for use in finalizing
3. construction schedules, it will assist in the projection of future budgets in the service areas - fire, police, maintenance personnel and equipment.
Through coordination with the developer regarding
MOW, THEREFORE, BE IT RESOLVED by the Ctty Councll of the Cjty of
Carl sbad as fol 1 ows :
1. That the above. recltqtjons qre true. and correct.
2. that the CRY Council f'l'nds that the zone change described
[a] is consistent wiYh the General Plan as it applies to contfguous properties within the City of Carlsbad.
(6) is consistent with the Housing Element of the General Plan. and,
That the approval of the proposed change of zone classi-
herel'n,
fication is necessary to carry out the general purpose of Title 21 of the
Municipal Code.
3. That the City Council of the City of Carlsbad intends to
adopt an ordinance to effectuate the proposed change of zone, as follows:
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Parcel 1 (RE-M, 8 DU/AC). The westerly half of the north- easterly quarter of Section 27, T12S-.R4!d.'
Parcel 2 (R-1-7500, 5 DU/AC). Land in Section 26, TlZS-R4GI lying between the 100'easenent to San Diego Gas and Electric Company per Dotument 49841 recorded April 16, 1954 and the 750' easement to San Diego Gas and Electric Company in Document 145345 recorded OctoberilS, 1953 in Sook 6301 page 162 and north-westerly of a line between the intersection of the northerly line of the 150' easement to San Diego Gas and Electric Company recorded in Document 145345 Octcber 16, 1953 in Book 6301 page 162 with the north-south centerline of the south-westerly quarter of Section 26 and the inter- section cf the north.-south centerline of Section 26 with the southerly line of the 100' easement to San Diego Gas and Electric Company per Document 49841 recorded April 16, 1954.
Parcel 3 (R-7-7500, 5 DU/AC). The northerly half of the south-easterly quarter of Section 27, T12S-R4W.
Parcel 4 (P-C, no M.P.). Tl2S-R4W lying northerly of the 100' easement to San Diego Gas and Electric Company per Document 49341 recorded April 16, 1954 which crosses this land in a north-westerly - south-easterly 1 ine, excluding therefrorr; land zoned C-1-
Farce1 5 (R-7-7500, 5 OU/4C). Annexed land in the easterly half of the sQuth-westerly quarter of Section 26 south- easterly of a line between the intersection of the northerly line of the 150' easement to San Diego Gas and Electric Company recorded ir. Document 145345 October 16, 1953 in Book 6301 page 162 with the north-south centerline of the south- westerly quarter of Section 26 and the intersection of the north-south centerline of Section 26 with the southerly line of the 100' easemenr. to San Diego Gas and Electric Company per Document 49841 recorded April 16, 1954.
Annexed land in Sections 27 and 22-
Parcel 6 (RD-M, 8 DU/AC). of the south,-easterly quarter of Section 26 1yi:ig west of €1 Carnino Rea! and south of the 100' easement to San Dieao
Gas, and Electric Company per Document 49841 recorded April 16,- 1954.
Parcel 7 (P-C, no N.P.). Annexed land in the easterly half of Section 35, T12S-R$!4 lying west of El Camino Real.
Parcel 8 (C-I). ARnexed land in Section 26, T12S-R4W lying north-eisterly of the south-westerly 1 ine of the 100' ease- ment to San Diego Gas and Electric Company per Docunent 49841 recorded April 16, 1954 abd westerly of El Camino Real.
Parcel 9 (P-C, no i4.P., combined with #4). A parcel of land 700' X 4FO" lying 700" along the north-south line of xhe easterly quarter of Section 22, T12S-R4W and extending 400' easterly from said line, the 700' being bisected by the centerline of the proposed 102f collector-road proposed for this area.
Annexed land in the westerly half
.
Parcel 10 (P-C, no M.P.). Annexed land in Section 22 and 27, T12S-R4W lying southerly a: the northerly line of the 100' easement to San Diego Gas and Electric Conpany per Document 49841 recorded April 16, 1954.
Parcel 11 (P-C, no M.P.). Annexed land in the westerly half of the scuth-westerly quarter of section 26 lying southerly
uf the northern line of the i50' easement to San Diego Gas and E?ectric Copipany recorded October '16, 1953 in Book 6301
page 162.
Parcel 12 (P-C, no M.P.). Annexed land in the westerly haff
Df Section 35.
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PASSED, APPROVED AND ADOPTED, at a regular meeting of the City
Council held on the 17th day of July, 1973, by the following vote,
to wit;
AYES:
NOES: None.
Councilmen Dunne, McComas, Lewis, Chase and Frazee.
ABSENT: !don e.
\TTEST:
:ITY JdERK
SEAL)
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0 EXHIBIT '8At5 - Page 1. 0
. . . I__. - - . , . . I . ....._._ . . . . . . . .
A'1 that land in Sectians 22, 25, 27, 28 and 35, Township 12 South, Rqngc. 4 \!est, San Bernardirio Base and Meridian, in'the County of San Diego, State of California, described as fo'ifows:
(1) Beginning at the .intersection of the north line of the south half of Section 26, T12S-R41J with the easterly line of Road Survey KO. 1800-7 (El Car!:ino Rea.1) on file in the County Engineer's Office of said County;
(2) thence Oesterly along said north line to the east line of Section 27, T12S-R4W;
(3) 'thence northerly along the east line of Sections 27 and 22, T72S-24bI to the southerly boundary of Ratxho Agua Hedionda 2s said southerly boundary was established flay 5, 19:3, by decree of the Superior C0ui-f of the State of Caltfornia in and for San Diego County in that certain action no. 16830 entitled Kelly Investment Company, a corpDration vs.
Clarence Dayton Hillman and Bessie Olive Hillman;
(4) thence westerly along said southerly boundary to its intersection with the west line of Lot 1,
Section 22, T12S-R4W according to the U.S. Governrzen-t Survey of Lot 1 approved April 21, 5890;
west line of the southeast quarter of the southeast quarter of Section 22, T12S-R4\4 and southerly alorr3 the west line of the east half a-f the northeast quarter of Section 27, T12S-R4W lo the northeast .corner of the southwest quarter of the northeast quarter;
: (5) thence southerly along said west line and the
(6) thence westerly along the north ]<ne of said
southwest quarter of the northeast quarter and the sputheast quarter of the northwest quarter to the east line of the west half of the northwest quarter of said Section 27;
thence northerly along said east line to thk north line of Section 27; (7)
(8) thence westerly along the north fine of said Section 27 to the northwest corner of said Section 27, ?72S-R41~;
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EXHIBIT !+Afi Page 2.
(9)
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thence southerly along the west line of said Section 27 to the northeast corner of the southeast quarter of Section 28, T12S-R4W;
(10) thence westerly along the north line of said
southeast quarter to the east line of the vest half of the northeast quarter of said Section 28,
T12S-R4W;
(11) thence northerly along said east 1-ine .to the north line'of said Section 28; .
..
(12) :hence piesterly alo?g said north lii3e to the north and south center line of said Section 28;
(13) thence southerly along said center line to the north line of the south half of the southeast quarter of said 'Section 28;
(14) thence easterly along said north line to the west
(15) thence Southerly along said west iine to the soL1th
(16) thence easterly along said south line to the west
(17) thence southerly along said west line to the sou-th
(18) thence easterly along said south line to the east
(19) thence southerly along east 'line to the south
(20) thence North 60" East and South 82" 51* 38" East
line of said Section 27;
line of said Section 27;
line of said Section 35;
line of the north 20 acres of Lot 1 of said Scct+!'un 35;
line of said Lot 1;
line of Lot 2 of said Section 35;
along said south line of Lot 2 and along its easterly
prolongation to the easterly line of said Road
Survey No. 1800-1 (E7 Camino Rea?);
:
(21) thence northerly along said easterly 1in.e to the point of beginning.
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