HomeMy WebLinkAbout1971-05-18; City Council; 428; Pre-annexational change of zoneTHE CITY OF CARLSBAD, CALIF' ORNIA
Agenda Bill No. ^TsCff Date: APRIL 28, 1971
''Referred To: CITY COUNCIL
Subject: PRE-ANNEXATIONAL Change of Zone Submitted By:*» 3 Planning Commission and
to P-C for 81-Unit Condominium Development - " Department
The Beach Colony Partnership - and, a Master Plan
Statement of the Matter
Planning Commission hearing on 4/27/71 recommended approval of subject
zone change and master plan, subject to annexation proceedings. One
item to receive extensive review and discussion, was the matter of
providing for public access to the beach. As a result, Item 4 of the
Condiitions of Approval, itemized in Staff Report of 4/20/71, was revised
to stipulate that all details of public access become a part of future
Specific Plan submittal. The resolution referenced below incorporates
this revision.
The exhibits referenced below completely outline the many aspects of
this application, staff recommendations and the results of Commission
review.
Exhibit
1 - Application, with Aspects of Planning and Summary
2 - Staff Report, dtd 4/20/71, and department location sketch y.
3 - Planning Commission Resolution No. 704, recommending approval\4*J-t-\A. t\M-
4 - Exhibit "A" - The Master Plan ^
5 - Exhibits "B" thru "E" -- Conceptual Drawings )
Staff Recommendations
This application is requesting approval of the zone change and Master
Plan, in general, i.e., bulk, height and structures as proposed. The
P-C Zone requires future Specific Plan submittal for all firm details
of such-a project, and these will be reviewed by the Planning Commission
and City Council.'
Approval is recommended, based on the staff and Planning Commission
reviews.
AB No. ' . Date.- APRIL 28, 1971
City Manager's Recommendation
The City Manager's recommendations re this development are
incorporated in the Staff Report of 4/20/71.
Council Action
5-18-71 Resolution No. 1851 was adopted by title only and further
reading waived.
Ordinance No. 9272 was given a first reading by title only
and further reading waived.
Ordinance No. 9273 was given a first reading by title only
- and further reading waived.
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ORDINANCE NO. 9272
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, ADOPTING A MASTER PLAN SUBJECT
TO ANNEXATION OF PROPERTY TO THE CITY OF
CARLSBAD, LOCATED ADJACENT TO SOUTH BOUNDARY
OF SOUTH CARLSBAD STATE BEACH CAMPGROUND,
WEST OF OLD HIGHWAY 101.
The City Council of the City of Carlsbad, California, DOES
ORDAIN that a Master Plan for the hereinafter described real
property be adopted in the following particulars:
SECTION 1 , PROPERTY DESCRIPTION. Being portions of
Fractional Section 32, Section 33, Township 12 South, Range 4 West,
San Bernardino Base and Maridian, in the City of Carlsbad, County
of San Diego, State of California; also being Parcel 8, Book 216,
Page 140, of the Assessor's Map of San Diego County, more partic-
ularly described in application on file in the City Clerk's Office.
SECTION 2. MASTER PLAN. The Master Plan, marked "Exhibit
A,", entitled "Master Plan for Planned Community," is subject to
the following limitations and conditions:
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Proposed condominium shall be developed in conformance
with the provisions of the Planned Community Zone, and
the Master Plan, Exhibit "A".
Exhibits "B" through "E" shall be adopted in concept
only; such adoption shall approve in general, the
height and bulk of the proposed structures.
Detailed Specific Plans, showing architectural details,
landscaping, parking and recreation details, shall be
submitted for review and approval by the Planning Com-
mission and City Council, as prescribed in Ordinance
No. 9218.
All details relating to the nature and extent of any
public access shall be submitted as part of Specific
Plan approval.
The density shall not exceed 81 Units, or 27 Units per
acre, nor shall the building coverage be more or the
open space less, than shown on Exhibit "A".
Those documents concerning the maintenance of common
areas and building exteriors shall be submitted as part
of Specific Plan approval.
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1 f7?\ Public improvement details and final subdivision
VJ map preparation shall be resolved with the City staff,
2 ^"x^ before Specific Plan submittal.
3 (8J Permanent sewer service shall be provided by the City
of Carlsbad; t^fijyyyyyry arrangements for sewer service
4 in the.interim period shall be subject to approval of
the City Engineer.
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Water service shall be provided by the Carlsbad Munici
® V ) Pa^ Water District on an interim basis, pending
resolution of City/District service area boundaries.7
O0?l Provisions for fire protection shall be as specified
8 \^/ by the Uniform Building Code and the City of Carlsbad
Fire Department.
SECTION_3. EFFECTIVE DATE. This Ordinance shall be effec-
10i tive 30 days after its adoption.The City Clerk of the City of
Carlsbad shall certify to the adoption of this Ordinance and cause
111 it to be published once in the Carlsbad Journal within fifteen (15)
| days after its adoption.
, INTRODUCED AND FIRST READ at a regular meeting of the City
13' Council of the City of Carlsbad, California, h'eld on the 18th day
of May, 1971, and thereafter PASSED AND ADOPTED at a regular
14 meeting of said City Council on the 1st day of June, 1971, by
the following vote, to wit:
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16 AYES:
17 NOES:
18 ABSENT:
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20 DAVID M. DUNNE, Mayor of the
City of Carlsbad, California
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22 ATTEST:
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MARGARET E7ADAMS, City Clerk
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AN ORDINANCE OF THE CITY OF CARLSBAD3!
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ORDINANCE NO. 9273
AMENDING ORDINANCE NO. 9060 BY GRANTING
A PRE-ANNEXATION CHANGE OF ZONE FROM
COUNTY ZONING TO P-C (PLANNED COMMUNITY)
ZONE ON PROPERTY LOCATED ADJACENT TO
SOUTH BOUNDARY OF SOUTH CARLSBAD STATE
BEACH CAMPGROUND. WEST OF OLD HIGHWAY 101.6 ~ "—~
The City Council of the City of Carlsbad, California,
DOES ORDAIN, that Carlsbad Zoning Ordinance No, 9060 is amended
to read as follows;
SECTION 1. That the following described real property is
granted a pre-annexation change of zone from County zoning to P-C
CPlanned Community) purposess subject to the provisions contained
in Ordinance No. 9272, adopting a Master Plan for the following
described property, and as said ordinance may hereafter be
amended, and that the zoning map referred to in Section 302 of said
Ordinance No, 9060, as amended be changed accordingly:
PROPERTY DESCRIPTION:
Being portions of Fractional Section 32, Section 33,
Township 12 South,, Range 4 West, San Bernardino Base
and Meridian, in tKe City of Carlsbad, County of San
Diego, State of California; also being Parcel 8, Book
216, Page 140, of the Assessor's Map of San Diego
County, more particularly described in application
on file in the office of the City Clerk.
SECTION 2. This Ordinance shall be effective 30 days after
its adoption and th.e City Clerk shall certify to the adopting of
this Ordinance and cause it to be published at least once in the
25 Carlsbad Journal 15 days after its adoption.
INTRODUCED AND FIRST READ at a regular meeting of the City
Council of the City of Carlsbad, California, held the 18th day of
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May, 1971, and thereafter PASSED AND ADOPTED at a regular
meeting of said City Council held the 1st day of June, 1971,
by the following vote, to wit:
AYES;
NOES;
ABSENT;
D. M. DUNNE, Mayor of the
City of Carlsbad,
Carlsbad, California
ATTEST;
MARGARET E. ADAMS
City Cleric
(SEAL)
I tvs t. r u c t i o n s to Applicant.
1. Complete Parts A,B,C and D
2.. Filing Fee - $100'.00 plus $5.00
for each additional lot or parcel
3. Hake check payable to City of Carlsb ad
4. Information to typewritten.
Exhibi
FOR: CHANGE O
PLANNED COHHUN I TY and ,~
ADOPTION OF A MASTER PLAN
PART A - GENERAL INFORMATION
Name of Applicant Robert C. Anderson
Telephone '
213-254-7111
Applicant's Mailing Address
333^ San Fernando Road, Los Anoeles, Calif.
2101 .'•'.•ginri1 p!"i ve, Glendalc, CaVif. ?-1232
i oe
Location of Property by Street On the westr^Jg of old highway 101, north of the
Batiquitos Lagoon
PART B - LEGAL DESCRIPTION OF PROPERTY
Attach to this application One Copy of a comp1e te legal description of the
property for which a Change of Zone and Adoption of a .Master Plan is being
requested. . "• - .:>•
PART C - REQUEST
Change of Zone from County R-4
and, Adoption of a Master Plan for 3.014
to PLANKED COMMUNITY ZONE (P-C)
Acres.
PART D - APPLICANT'S STATEMENT (Attach separate sheet if required)
1. Does public necessity require the proposed change? Is there a real need
in the community for more of the types of uses permitted by the Zoning
requested than can be.accomrnodated in areas already zoned for such uses?
The property would better-serve the corrjnunity as a high grade condominium. The presence
of such a development further establishes the City as a high quality residential
community, substantially increases the tax base over an R-4 use and provides a more
efficient use of the privately ov/ned beach areas within the City.
2. Is the property involved in proposed rec1 assification more suitable for
the purpose permitted in the proposed zone than for the purpose permitted
in present classification?
the proposed zoning allows both the City and the developer to plan this develoor.entV
fronting along the ocean, to better serve the public interest through a planned
.community concept rather than trying to adopt a inland zoning use to beach property.
TYVJUXVI *.«•»•- ...-.-- ^>_~.,.* _ *-^-~
to surrounding propertyj?
ttle present valu ;o
*>y »,iit: piuposea zone i:
he surrounding property is
detrimental
the-, general public.
n any way
uTiiro roved"most part
The pi .posed development will
''lu.vc no effect one way or the other on surrounding property except to set standards
for future development in those areas of the community.
. What were the original deed restrictions, if any, concerning the type and
class of uses permitted on the property involved? Give the expiration date
of these restrictions.
There are no known deed restrictions.
he following spaces are for signatures of owners whose properties lie within a
adius of 300 feet of the property proposed to. be reclassified and who approve
f the change (attach extra sheets if necessary).
D.on
•Sap Name Address Lot Block Tract
e, 'the 'undersigned proper owners herewith request chat our respective
rope?:tics which are included in the reclassification petitioned for, be
^classified and for the reasons above enumerated. (This space is for
ignatures of owners of property actually included in the proposed
eclassification. Attach extra sheets if necessary.)
o.on
Map Name , Address Lot Block Tract
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^ --. OWNER' S AFFIDAVIT
DATE OF CALIFORNIA)
)UNTY OF SAN DIEGO)
LTY OF )
SS
(we) , Robert C. Anderson being duly sworn, depose and say that I (we)_
a (are) the owner (s) of part (or all) of the property involved and this
^plication has been prepared in compliance with the requirements of the
_ty Planning Commission as printed herein and that the foregoing information
loroughly and completely, to the best of my (our) ability, presents an
rgument in behalf of the application herewith submitted and that the
:atements and information above referred to are in all respects true and
>rrect to the best of my (our) knowledge and belief.
jlephone Number 213-254-7111 _. ,Signed
Mailing Address;33*T San Fernando P.oad , LosAnoe les . Cal i f ,••-••-•• r »*•'» innr-, -f
? before me this ^r^/''— day of v ,19
TT-r.>-i
.ling Clerk or Notary Public/-;-c._-r-;,;r-." ;:-r\-/r-;:7, F
:is~-jL-s-to". certify'Ltnafc' the foregoing application has been inspected by me
id found to be complete and acceptable for filing with the City Planning
'nunission.
Receipt No.
By_
For the City Planning Corrinission
MEMORANDUM/REPORT
«
April 20, 1971
TO: Planning Commission
FROM: City Manager
SUBJECT: STAFF REPORT re Application for Pre-Annexational
Change of Zone from County R-4 and City R-A-10,000
to P-C(Planned Community) Zone and, Adoption of
Master Plan for 81-Unit Condominium; for consideration
by Planning Commission, April 27, 1971
APPLICANT: ROBERT C. ANDERSON et al
DEVELOPER: THE BEACH COLONY, A Partnership
REPORT SUBMITTED BY: City Manager, Fire, Building, Engineering
and Planning Departments.
Section I - Technical Report
The property for which subject reclassification is requested is
adjacent to the South boundary of South Carlsbad State Beach
Campground facilities and has approximately 880 feet of frontage
on the (Vest side of Old Coast Highway 101. Reclassification of
said property would be subject to annexation proceedings, inas-
much as a majority of same lies within an unincorporated portion
of the County and the balance is currently in the City of Carlsbad.
The applicant proposes to rezone the 3.01 Acre parcel to P-C
(Planned Community) Zone to allow for development of a 81-Unit
condominium project. This project would be composed of a 9-story
structure, containing 54 units plus 27 two- and three-story town-
house units. All dwellings will be constructed over a basement-
type parking facility, which will allow a number of spaces in
excess of Planned Community Zone requirements.
That portion of subject property located within the County is
zoned R-4 and would allow for development of one(l) dwelling unit
per 1,000 square feet of ground area, or a density of 43 units per
acre, for a total of 116 units. The Carlsbad General Plan indicates
a density range of 22 - 47 Dwelling Units Per Net Acre in the
vicinity of subject property, while the applicant's proposal stipu-
lates a maximum density of 27 Units Per Acre.
Staff Report - Beach Colony April 20, 1971
Page Two.
Section I(Continued)
Of a total 131,492 square feet of land being considered, only
39,600 square feet (30 percent) will be covered by buildings. A
remaining 65,930 square feet will be permanent recreation area,
and 25,962 square feet will be utilized for walks and guest parking.
Thus, the open space being provided is within the requirements of
the P-C Zone.
The developer will dedicate public access to the beach area, with
the point of access being adjacent to the North boundary line.
On March 25, 1971, the Planning staff mailed copies of the proposed
development to the Director of Environmental Development, Local
Area Formation Commission, and. the Planning Department of the County
of San Diego, requesting their review and comment. Copies were also
sent to the Chairman of the Leucadia Town Council.and Superintendent
of Carlsbad Unified School District.
Section II - Recommendation
The City of Carlsbad Administrative staff recognizes that the property
being discussed would ideally best be utilized as open space.
However, neither State, County or City of Carlsbad monies are avail-
able to purchase this land. There are also many State, regional,
and municipal parks proposed for which funds are lacking to fulfill
already established priorities.
Therefore, realizing that a majority of subject property is currently
zoned for a more intense use than proposed by the applicant, staff
recommends approval of proposed reclassification for the following
reasons, but also subject to certain conditions of approval.
Section III - Reasons
1. Proposed reclassification is in conformance with the City of
Carlsbad's General Plan and Housing Element.
2. Proposed developmental concept allows for the preservation of a
substantial amount of open space.
3. Proposed project will help establish a trend for quality develop-
ment in the general area.
4. Subject reclassification is in the best interests of the City
of Carlsbad.
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Staff Report - Beach Colony April 20, 1971
Page Three.
Section IV - Conditions of Approval
1. Proposed condominium shall be developed in conformance with
the provisions of the Planned Community Zone, and the Master
Plan, Exhibit "A".
2. Exhibits "B" through "E" shall be adopted in concept only;
such adoption shall approve in general, the height and bulk
of the proposed structures.
3. Detailed Specific Plans, showing architectural details, land-
scaping, parking and recreation details, shall be submitted
for review and approval by the Planning Commission and City
Council, as prescribed in Ordinance No. 9218.
4. Details concerning the dedication and development of the proposed
public access shall be submitted as part of Specific Plan ap-
proval .
5. The density shall not exceed 81 units, or 27 units per acre,
nor shall the building coverage be more or the open space less,
than «shown -an Exhibdt ""A" .
6. Those documents concerning the maintenance of common areas and
building exteriors shall be submitted as part of Specific Plan
approval .
7. Public improvement details and final subdivision map preparation
shall be resolved with the City staff,before Specific Plan submittal
8. Permanent sewer service shall be provided by the City of Carls-
bad; temporary arrangements for sewer service in the interim
period shall be subject to approval of the City Engineer.
9. Water service shall be provided by the Carlsbad Municipal Water
District on an interim basis,pending resolution of City/District
service area boundaries.
10. Provisions for fire protection shall be as specified by the
Uniform Building Code and the City of Carlsbad Fire Department.
JACft B. ARNOLD
City Manager
3/
JBA:nl
cc: Planning Dept.(2)
state
parts
PROPOSED P-C (PLANNED
COMMUNITY) ZONE.
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PLANNING COMMISSION RESOLUTION NO.704
A RESOLUTION OF THE CARLSBAD CITY PLANNING COMMISSION
1 RECOMMENDING APPROVAL TO CITY COUNCIL OF A PRE-
ANNEXATIONAL CHANGE OF ZONE FROM COUNTY R-4 AND CITY
2 R-A-10,000 TO PLANNED COMMUNITY (P-C)ZONE AND,
ADOPTION OF A MASTER PLAN, FOR AN 81-UNIT CONDOMIUM
3 ON PROPERTY LOCATED ADJACENT TO SOUTH BOUNDARY OF
SOUTH CARLSBAD 'STATE BEACH CAMPGROUND, NEST OF
4 , OLD HIGHWAY 101
WHEREAS, pursuant to the provisions of Ordinance No. 9060, the
Carlsbad City Planning Commission did on April 27, 1971 hold a duly
7 noticed public hearing to consider the application of THE BEACH
Q0 COLONY PARTNERSHIP, Developers, and ROBERT C. ANDERSON et al, Owner
Q I for a Change of 2one(-Pre-Annexational) from County R-4 and City
R-A-10,000 to Planned Community(P-C) Zone, and Adoption of a Master
Plan, to be developed in conformance with all requirements of the
City of Carlsbad Planned Community Ordinance No. 9218, on real
property located adjacent to the South Boundary of South Carlsbad
State Beach Campground and Westerly of Old Coast Highway 101, more
particularly described as follows:
Being Portions of Fractional Section 32, Section 33,
Township 12 South, Range 4 West, San Bernardino Base and
Meridian, in the City of Carlsbad, County of San Diego,
State of California; also being Parcel 8, Book 216, Page
140, of the Assessor's Map of San Diego County, more
particularly described in application on file in the
Planning Department Office.
WHEREAS, at said public hearing, upon hearing and considering
the testimony and arguments, if any, of all persons who desired to
23 - be heard, said Commission did find the following facts and reasons
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to exist which make the recommendation for approval of a Change of
\Zone necessary to carry out the provisions and general purpose of
26 'Ordinance No. 9060s
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-27 \1• Proposed reclassification is in conformance with the City of
Carlsbad's General Plan and Housing Element
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a substantial amount of open space,
3. Proposed project will help establish a trend for quality
development in the general area.
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4. Subject reclassification is in the best interests of the City
32 of Carlsbad.
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NON , THEREFORE/. BE IT RESOLVED by the Planning Commission of
the City of Carlsbad that it does hereby recommend approval to the
City Council to adopt an. Amendment to Ordinance No. 9060, changing
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the existing County R-4 Zone and City R-A-10,000 Zone to Planned
Community (P-C)Zone and, adopt a Master Plan for development of an
81-Unit Condominium, according to City Ordinance No. 9218, subject
to the following limitations and conditions:
1. Proposed condominium shall be developed in conformance with the
provisions of the Planned Community Zone, and the Master Plan,
Exhibit "A".
2.Exhibits "B" through "E" shall be adopted in concept only; such
adoption shall approve in general, the height and bulk of the
proposed structures.
3. Detailed Specific Plans, showing architectural details, land-
scaping, parking and recreation details, shall be submitted for
review and approval by the Planning Commission and City Council
as prescribed in Ordinance No. 9218.
4. All details relating to the nature and extent of any public
access shall be submitted as part of Specific Plan approval.
5. The density shall not exceed 81 Units, or 27 Units Per Acre, nor
shall the building coverage be more or the open space less, thai
shown on Exhibit "A".
6. Those documents concerning the maintenance of common areas and
building exteriors shall be submitted as part of Specific Plan
approval.
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7. Public improvement details and final subdivision map preparation
shall be resolved with the City staff, before Specific Plan
submittal.
8. Permanent sewer service shall be provided by the City of
Carlsbad; temporary arrangements for sewer service in the
interim period shall be subject to approval of the City Engineer
9. Water service shall be provided by the Carlsbad Municipal Water
District on an interim basis, pending resolution of City/
District service area boundaries.
10. Provisions for fire protection shall be as specified by the
Uniform Building Code and the City of Carlsbad Fire Department.
AND FINALLY RESOLVED, that a copy of this Resolution shall be
forwarded to the City Council, for their attention as required by
Law.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the
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Planning Commission of the City of Carlsbad, on the 27th day of
April, 1971, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAINED:
Commissioners Jose, Palmateer, Forman, .'•
Dewhurst and Little
None
'Commissioner Hermsen
Commissioner Dominguez.
ROBERT T. LITTLE, Chairman
ATTEST:
C\ ^f /^yv^X ^^^,y
*U FORMAN, Secretary
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