HomeMy WebLinkAbout1971-12-28; City Council; 628; Palomar Airport Rd and Poinsettia Ln Master Plan•->«•
CITY OF C A R ^L S B A D**4 CALIF' ORNIA
Agenda Bill NO.<*>y
'Deferred To.- City Council
Date.- December 28. 1971
submitted By:
Planning
Commission
subject: Requestfor an amendment to the Ci.ty of
Carf'sbad General Plan, Land Use Element, A Reclassif ica-
tion i-n zone from R-l-10,000 to P-C and adoption of a
master plan on 1121 acres for a 1,120 unit retirement
Community; Applicant: - FINANCIAL SCENE» INC. -
Statement of the Matter
The Planning Commission hearing on December 14,. 1971, resulted in a
unanimous recommendation of approval for the subject General Plan
amendment, zone change, and adoption of a master plan on property
located- southerly of-Palomar Airport Road, northerly of Poinsettia
Lane and east of Interstate-5. The applicant proposes to develop .
1121 acres .as a 1,-120-unit retirement 'cdmjnunity, utilizing a density
of 10 units per acre. The commission felt that the proposed develop-
ment is in the best interest-of, and will be an -asset to the community.
Also that" the proposed development has complied with the recommended
residential land -use as proposed by the General Plan and that the
applicant has complied with all requirements set forth by the Planned -
Community Ordinance. These reasons were all cited in commis'sion ^
discussion and recommendations for. approval. The documents itemized.
below complete this application for your further review and hearing.
Exhibit
1
2
3
4
5
6
.7
Appl ication
Staff Report of 12-14-71
Planning Commission Resolutions No. 741., 744
Applicant's Exhibits
Resolution #1934 of the City Council.
Resolution #1935 of the City Council.
Ordinance #9290. ...
Staff Recommendations
Staff recommendations,
staff report, approves
Community Ordinance tif
as more completely outlined in" referenced
this development proposal under the Planned
the City of Carlsbad.
V
AS No. 628 " • Date
City Manager's Recommendation
Council'Action
• 1-4-72 Fpllowing the public hearing the development as proposed was
approved. Resolution #193.4 was- adopted, amending the General Plan;
Resolution #1935 was adopted, announcing findings and decision - re:-
a zone change from R-l-10,000 to P-C(Planned Community) and the
• " adoption of a master plan. Also a first reading was given Ord. #9290,
reclassifying certain property-and adopting a master plan.
1-18-72 "Ordinance No. 9290 was given a second read.ing by title only and
adopted. . . ,. -
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Instructions 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. Make check payable to City of Carlsb ad
A. Information to typewritten.
FOR CHANGE OF ZONE TO
PLANNED COMMUNITY and,
ADOPTION OF A MASTER PLAN
PART A - GENERAL INFORMATION
Name of Applicant Financial Scene Inc. , c/o Pacific Scene, Inc.
Applicant's Mailing Address 2032 Garnet Ave., San Diego
Te1ephone
272-7660
Location of Property by Street E. side of 1-5 between Palomar Airport Rd. and
Poinsetta Lane.
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.Legal Attached.
PART C - REQUEST
R-l-10Change of Zone from
and, Adoption of a Master Plan for 112±
to PLANNED COMMUNITY ZONE (P-C)
Acres .
PART D - APPLICANT'S STATEMENT CAttach separate sheet if required)
1. Does public necessity require the proposed change? Is there a real need
in the community for more pf the types of uses permitted by the Zoning
requested than can be accommodated in areas already zoned for such uses?
Yes. Our proposed master plan will provide a residential community environment
that doesn't presently exist anywhere in Carlsbad that I'm aware of. It will be a'
model for future development in our opinion.
2. Is the property involved in proposed . reel ass?fication more suitable for
the purpose permitted in the proposed zone than for the purpose permitted
in present classification?
Yes, the topography and natural canyons would be leveled and consumed by a
normal R-l-10 development but under a PC zone much of the area can be preserved
and incorporated in open green and natural topography. A park-like development
is possible on this property under a PC.
3. Wcjiild the uses permitted by the proposed zone be detrimental in any way
'" ' to""surrounding
NO
4. 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.
None to my knowledge.
The following spaces are for signatures of owners whose properties lie within a
radius of 300 feet of the property proposed to be reclassified and who approve
of the change (attach extra sheets if necessary) .
No. on
Map Name Address Lot Block Tract
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We, the undersigned property owners herewith requesr^that our respective
properties which are included in the reclassification petitioned for, be
reclassified and for the reasons above enumerated. {This space is for
signatures of owners of property actually included in the proposed
reclassification. Attach extra sheets if necessary.)
No. on
Map Name Address Lot Block Tract
•
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STATE OF CALIFORNIA)
COUNTY OF SAN DIEGO)
CITY OF Carlsbad )
SS
™,VTT^I(. ,„„,„,„,,„ Note: Escrow No. 71-2853JDOWNER'S AFFIDAVIT with Security Title Insurance Co. ,
San Diego states the Seller's re-sponsibility and confirms his fulles
cooperation in the pursuit of planne
community.zoning over the subjectproperty. ,
being duly sworn, depose and say that X (we)
£xxxfiaqsc8X±xx&ca: all) of the property involved and this
application has been prepared in compliance with the requirements of the
City Planning Commission as printed herein and that the foregoing information
thoroughly and completely, to the best of 3Oy (our) ability, presents an
argument in behalf of the application herewith submitted and that the
statements and information above referred to are in a^l respects true and
correct to the best of my (our) knowledge and beliej
(we)Financial Scene, Inc.
in escrow
Telephone Number 272-7660 SignedXX
c/o Pacific Scene, Inc.
* ' ^RilfingjiAddress^[2032 Garnet Ave. . San Diego. Cal. 92 1 Q<
.
Subscribed and sworn to before -me thli'gr MA of November , 19 71
g
Pling Crk or Notary
This is to certify that the foregoing application has been inspected by me
and found to be complete and acceptable for filing with the City Planning
Commission.
Receipt No.
For the City Plannind Commas ion
V •
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STAFF REPORT/MEMORANDUM December 14, 1971
TO:
FROM:
SUBJECT:
APPLICANT:
PLANNING COMMISSION
CITY MANAGER
REQUEST FOR AN AMENDMENT TO THE CITY OF CARLSBAD
GENERAL PLAN, LAND USE ELEMENT, A RECLASSIFICA-
TION IN ZONE FROM R-l-10,000 TO P-C (PLANNED
COMMUNITY) AND ADOPTION OF A MASTER PLAN ON 112*
ACRES, FOR A 1,120-UNIT RETIREMENT COMMUNITY
FINANCIAL SCENE, INC.
Report submitted by:City Manager, Engineering, Fire, Building,
Parks & Recreation and Planning Departments
I. General Discussion:
The applicant proposes to develop 112- acres located
of Palomar Airport Road, northerly of Poinsettia Lane and
Interstate-5 as a 1,120-unit retirement community.
southerly
east of
The subject property was first considered by the Planning
Commission on April 14, 1970. At that time, Macco Corporation
proposed to develop 55 acres of the subject property as a 359-
unit mobile home park (6.9 unit/acre density). The request was
denied by the Planning Commission (result of a tie vote) and
subsequently appealed to the City Council and approved May 19,
1970. As a condition of approval the entire 112* acre parcel
was to be annexed to the city, which was accomplished on December
15, 1970. The'conditional use permit applied to the mobile home
park expires on December 15, 1971.
The applicant proposes to develop the 1121 acres as a
Planned Community, utilizing a density of 10 units per acre.
Additionally, there would be a 5-acre commercial convenience
center located at the northwesterly corner of the property.
The City of Carlsbad General Plan, land use portion indicates
that this section should be developed as low-density residential
development utilizing 3-7 dwelling units per acre. As a result
of the 10 unit per acre proposal, this would necessitate an
amendment to the General Plan. Additionally, the commercial
facility would also require an amendment. Although commercial
land use in the form of a community shopping facility is sug-
gested between Palomar Airport Road and the Las Encinas Canyon
along Lowder Lane.
Page Two
Staff Report
12-14-71
At the time the Master Plan for the H. B. Development Company
was approved, a density of 10 units per acre was applied and
was subject to General Plan Amendment. The H. B. property
abuts the subject 1121 acre parcel along the southerly property
boundary.
The applicant proposes to develop the 112+ acres in phases.
The first phase encompassing 2-unit garden homes on 50 acres
utilizing a density of 6.5 units/acre or 325 units. Successive
phases would be developed to incorporate: 25 acres - 11.8 units
per acre, 295 unit townhouse phase; 20 acres - 25 units per acre,
500 unit condominium phase; 5 acres - commercial convenience
center; and a 12-acre dedication for public open space.
The 12-acre public open space would be part of the proposed
City of Carlsbad Parks & Open Space Corridor System. It is
intended to be offered for dedication during the Master Plan
phase and dedicated, subject to approval by Parks & Recreation
Commission, during the later phases of development.
The topography of the subject property does not present
any difficulty to development. The slope is gentle, beginning
from a high point, 175t feet toward the easterly boundary and
maintaining a 9% descent to the western boundary abutting
Interstate-5. The 12-acre open space dedication would be along
the eastern boundary that falls away to the east and does not
enjoy the western ocean exposure of the remaining lOOt acres.
II. Recommendations:
The staff recommends approval of the amendment to the General
Plan, land use element; reclassification in zone from R-l-10,000
to P-C (Planned-Community) and adoption of a master plan for the
following reasons and subject to the following conditions.
III. Reasons for Approval:
1. The proposed development is in the best interest of, and will
be an asset to the community.
2. The proposed development has complied with the recommended
residential land use as proposed by the General Plan.
3. The applicant has complied with all requirements set forth
by the Planned Community Ordinance of the City of Carlsbad.
4. The proposed development is not detrimental to the surrounding
properties and will not be injurious to the health, welfare,
or safety of the general public.
Page Three /*s.
Staff Report W
12-14-71
IV. Conditions of Approval:
1. That the proposed development shall adhere to the proposals
as outlined in Exhibit A.
2. That the density on the 112+ acres not exceed 10 units per
acre and in no case be in excess of 1,120 units total.
3. That those areas shown in green on Exhibit "A" shall be
functional and usable open space or parkway areas. The park-
ways for each phase shall be planted and maintained with
combinations of trees, shrubs and ground covers in confor-
mance with a landscape and sprinkler plan to be approved by
the City of Carlsbad Parks & Recreation Director prior to the
issuance of any building permit.
4. That the area designated as Open Space on Exhibit "A" be
subject to approval of Parks & Recreation Commission.
5. That specific plans of development for each phase shall
be submitted in accordance with provisions as outlined in
the City of Carlsbad Planned Community Ordinance.
6. That an architectural theme shall be developed for the
entire 112_ acre parcel and shall be submitted as a portion
of the first phase of development.
7. That all public improvements be constructed as required
by the subdivision ordinance, and the city engineer.
8. That Standard Subdivision Bonds and Agreements be provided
to guarantee completion of public improvements as specific
plans of development are submitted.
9. That a tentative and final parcel map or subdivision map,
as appropriate, be filed prior to the issuance of any permits
for grading or building.
10. That a grading plan shall be submitted to the City Engineer
and Planning Department for review and approval prior to the
issuance of any building permit.
11. That all water, sewer and drainage facilities shall be
constructed in accordance with the City of Carlsbad design
criteria and as approved by the City Engineer.
12. That cul-de-sac streets shall not exceed 500 feet in
length and shall terminate-in a 40-foot minimum curb radius
turnaround.
13. That all utilities shall be placed underground and no over-
head poles or lines shall be permitted.
Page Four
Staff Report
12-14-71
14. That the applicant shal1 install fire hydrants, type and
location approved by the City Fire Department.
15. That sewer service shall be provided by the City of Carls-
bad and all trunk lines shall be constructed by the developer.
Trunk lines shall be extended to the southerly boundary of the
development with location subject to the approval of the City
Engineer.
16. That the applicant shall dedicate and construct Lowder
Lane to a full 84-foot width from the southerly terminus of the
existing Lowder Lane to the southerly boundary of the Planned
Community development. Alignment of the right-of-way shall
be subject to the approval of the City Engineer.
17. That the applicant shall attempt to coordinate the con-
struction with adjoining property owners to obtain full width
improvements. In the event cooperation is not satisfactorily
achieved, the applicant may request waiver for one-half street
improvements on that portion of Lowder Lane that does not lie
within the boundaries of the applicants' holdings, as shown
on attached Exhibit "B". It shall not be implied that such
a waiver will necessarily be granted.
18. That Lowder Lane shall be fully constructed from the
southerly terminus of the existing Lowder Lane to the northerly
boundary prior to the issuance of an occupancy permit for any
unit. Additional improvements to Lowder Lane within the
proposed Planned Community shall be constructed as development
progresses in accordance with a schedule approved by the City
Engineer.
19. That all interior streets shall be constructed in accor-
dance with city standards for local streets.
JACK p, ARNOLD, City Manager
sll
f !I .c i - li e e /I li !I
1 / j i PLANNING COMMISSION RESOLUTION NO. 741
2 // A RESOLUTION OF THE CARLSBAD CITY PLANNING COMMISSION, j; 3 // RECOMMENDING TO THE CITY COUNCIL A CHANGE OF ZONE FROM R-1-10,000 TO P-C (PLANNED COMMUNITY) ZONE, AND ADOPTION
ij OF A MASTER PLAN, ON PROPERTY LOCATED EAST OF INTERSTATE
4 jl 5, SOUTH OF PALOMAR AIRPORT ROAD AND NORTHERLY OF POIN- ii SETTIA LANE
5 11
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sider the application of FINANCIAL SCENE, INC. for a Change of 9
did on December 14, 1971 hold a duly noticed public hearing to 8
Title 21 and Ordinance No. 9060, the Carlsbad City Planning Com! 7
WHEREAS, pursuant to the provisions of Carlsbad Municipal
10 from R-1-10,000 to P-C (Planned Community) Zone, and Adoption 0’
11 Master Plan, to be developed in conformance with all requiremen.
12 the City of Carlsbad Planned Community Ordinance No. 9218, on rr
13 property on the easterly side of Interstate-5 southerly of Palol
3.4
described as follows: 15
Airport Road and northerly of Poinsettia Lane, and more particu’
16
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A portion of La Costa Downs Unit No. 1, according
! ! 1927, and that portion of Sections 20 and 21 in p9 Ii
!t I! the County Recorder of San Diego County, April 6, 1% I
to Map thereof No. 2013, filed in the office of
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Township 12 South, Range 4 West, San Bernardino
Base and Meridian, according to United States
.Government Survey, approved October 25, 1875
and more particularly described on file in the
Carlsbad City Planning Office. ij
25 jj WHEREAS, at said public hearing, upon hearing and conside, !!
II 26Ilthe testimony and arguments, if any, of all persons who desired
27/lbe heard, said commission did find the following facts and reasc
28ijto exist which make the approval of the application for Change (
29jIZone necessary to carry out the provisions and general purpose
30//0rdinance No. 9060 and Carlsbad Municipal Code, Title 21:
31/11. The proposed development is in the best interest of, and wi
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32 an asset to the community.
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a. 0 e * i/ 1
!\ i! 11i2. The proposed development has complied with the recommended ii
2 jj i'dential land use as proposed by the General Plan.
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31/3. The applicant has complied with all requirements set forth
4'!the Planned Community Ordinance of the City of Carlsbad.
5
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4. The proposed development is not detrimental to the surround
7
properties and will not be injurious to the health, welfare, or
safety of the general public.
ii
8 NOW, THEREFORE, BE IT RESOLVED by the Planning Commission
9
x* /conditions:.
development under City Ordinance No. 9218, subject to the follo' l3
P-C (Planned Community) Zone and the adoption of a Master Plan l2
the Carlsbad Municipal Code, changing the existing R-l-l0,000 i! 3.1
the adoption of an amendment to ordinance no. 9060 and Title 21 3.0
the City o-f Carlsbad that it does hereby recommend to the City
151
1. That the proposed development shall adhere to the proposals
le outlined in Exhibit A.
17,,2. That the density on the 112: acres not exceed 10 units per
I8//and in no case be in excess of 1,120 units total.
19/13. That those areas shown in green on Exhibit "A" shall be fun
.2*//and usable open space or parkway areas. The parkways for each
2111sha11 be planted and maintained with combinations of trees, shr
22$and ground covers in conformance with a landscape and sprinkler
23/lto be approved by the City of Carlsbad Parks & Recreation Direc
241[prior to the issuance of any building permit.
25i/4. That the area designated as Open Space on Exhibit "A" be su
26!Ito approval of Parks & Recreation Director.
2'3!15. That specific plans of development for each phase shall be
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i/submitted in accordance with provisions as outlined in the City
oCar1sbad Planned Community Ordinance. !!
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"/16. That an architectural theme shall be developed for the enti
'1/112f acre parcel and shall be submitted as a portion of the fir
52/\phase I of development. I'
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1117. That all public improvements be constructed as required by t
I subdivision ,I ordinance, and the city engineer,
318. That Standard Subdivision Bonds and Agreements be provided 1
dljguarantee completion of public improvements as specific plans 01
5
9. That a tentative and final parcel map or subdivision map as 6
development are submitted.
as approved by the City Engineer. 14
structed in accordance with the City of Carlsbad design criteri, 13
11. That all water, sewer and drainage facilities shall be con 12
any building permit. 11
Planning Department for review and approval prior to the issuanc lo
10. That a grading plan shall be submitted to the City Engineel 9
or building. 8
appropriate, be filed prior to the issuance of any permits for ! 7
.-..f5 12. That cul-de-sac streets shall not exceed 500 feet in lengt
16
17
shall terminate in a 40-foot minimum curb radius turnaround.
.zQiiapproved by the City Fire Department.
191114. That the app1,icant shall install fire hydrants, type and 1
18,poles or lines shall be permitted.
13. That all utilities shall be placed underground and no over
24j/with location .subject to the approval of the City Engineer.
23i/lines shall be extended to the southerly boundary of the develo
221;and all trunk lines shall be constructed by the developer. Tru
zliil5. That sewer service shall be provided by the City of Carlsb
Zgliapproval of the City Engineer.
2eIidevelopment. Alignment of the right-of-way shall be subject to
2ylILowder l! Lane to the southerly boundary of the Planned Community
z$iito a full 84-foot wideh from the southerly terminus of the exis
251116. That the applicant shall dedicate and construct Lowder Lan
32ithe event cooperation is not satisfactorily achieved, the appl’
zll!wit,h adjoining property owners to obtain full width improvement
301/17. That the applicant shall attempt to coordinate the constrL
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Ij /I P/\may request waiver for one-half street improvements on that pori ti 2/\of Lowder Lane that does not lie within the boundaries of the ai
SIcantsi hoidings, as shown on attached €xh:b:t "B". It shall no.
4Ilimplied that such a waiver will necessarily be granted.
5
shall be constructed as development progresses in accordance wi. 9
improvements to Lowder Lane within the proposed Planned Communi. 8
to the issuance of an occupancy permit for any unit. Additiona' 7
terminus of the existing Lowder Lane to the northerly boundary j 6
118. That Lowder-Lane shall be fully constructed from the south1
ii
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with city standards for local streets. 12
19. That all interior streets shall be constructed in accordan1 11
schedule approved by the City Engineer.
16 I Attorney.
Sufficiency of these steps shall be subject to approval by the 15
sary for the prompt removal of all billboards on the premises. 14
20. That the applicant shall immediately undertake all steps n
1 PASSED, APPROVED AND ADOPTED at a regular meeting of the 7 181Carlsbad City Planning Commission held on the 14th day of Decem
19il1971, by the following vote, to-wit: ii
11
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820 jj AYES: Commissioners Little, Forman, Dewhurst, Dominguez,
21 Ij Palmateer, Jose
2% jj
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NOES: None
1;
fi ABSENT: Commissioner Hermsen
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26 /[ATTEST: ROBERT T. LIT
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PLANNING COMMISSION RESOLUTION NO. 744
A RESOLUTION OF THE CARLSBAD CITY PLANNING COMMISSION
RECOMMENDING TO THE CITY COUNCIL AN AMENDMENT TO THE
GENERAL PLAN (CITY COUNCIL RESOLUTION NO. 1271), FOR
FINANCIAL SCENE, INC. ON 112- ACRES LOCATED EAST OF
INTERSTATE-5, SOUTHERLY OF PALOMAR AIRPORT ROAD AND
NORTHERLY OF POINSETTIA LANE
WHEREAS, said Planning Commission did on the 14th day of Decem-
ber, 1971, hold a duly advertised public hearing as prescribed by law,
to consider the request of FINANCIAL SCENE, INC. for an Amendment to
the General Plan, by adopting EXHIBIT A, PACIFIC SCENE, INC., dated
December, 1971, as attached.
The Carlsbad General Plan is hereby amended to adopt said
Exhibit A, which consists of the following:
a. To permit a maximum of ten (10) dwelling units per net
acre instead of the 7 units per net acre presently
permitted under Low Density in the Land Use Element
of the General Plan;
b. A municipal park.
WHEREAS, at said public hearing the said Commission received
•20jjthe recommendations, objections, protests, and comments of all indi-
2ij|vidua1s and parties who desired to be heard;
WHEREAS, said Planning Commission did find the following22(1
^jfacts and reasons to exist which make said Amendment necessary to
24 carry out the intent of the General Plan:
25126 jj
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1. The proposed uses are in conformance with the existing City of
Carlsbad General Plan for the area;
The proposed uses and densities will not be detrimental to
surrounding properties.
NOW, THEREFORE, BE IT RESOLVED that said Amendment to the
General Plan, by adopting said Exhibit A, is hereby recommended to
be approved.
1 ij AND FINALLY RESOLVED, that a copy of this Resolution be for-ii
2|warded to the City Council for its attention in the manner prescribed
law.
PASSED, APPROVED, AND ADOPTED by the Planning Commission of4 II
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the City of Carlsbad at a regular meeting held on December 14, 1971,
by the following vote, to-wit:
AYES: Commissioners Little, Jose, Forman, Dominguez, Dewhurst,
Palmateer
NOES
ABSENT:
None
Commissioner Hermsen
ROBERT T.rman
ATTEST:
JACK LT/FORMAN,- Secretary
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RESOLUTION NO. 1934
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, AMENDING THE GENERAL PLAN OF THE
CITY OF CARLSBAD, IN REGARDS TO 112+ ACRES
OF LAND LOCATED EAST OF INTERSTATE-5, SOUTHERLY
OF PALOMAR AIRPORT ROAD AND NORTHERLY OF POINSETTIA
LANE.
(FINANCIAL SCENE, INC.)
The City Council of the City of Carlsbad does resolve as
follows:
1. The General Plan of the City of Carlsbad is hereby
amended to read as follows in regard to that certain real property
located in the City of Carlsbad, County of San Diego, State of
California, more particularly described in Exhibit "A" attached
hereto and by this reference incorporated herein:
a. To permit a maximum of ten (10) dwelling units per
net acre instead of the 7 units per net acre presently
permitted under Low Density in the Land Use Element
of the General Plan, within the area outlined in
Exhibit "B" attached hereto and by this reference
incorporated herein.
b. A municipal park.
PASSED, APPROVED AND ADOPTED by the City Council of the City
of Carlsbad at a regular meeting held on the 4th day of January,
1972, by the following vote, to wit:
AYES: Cmn. Dunne, McComas, Jardine, Castro and Lewis.
NOES: None.
ABSENT: None.
ATTEST:
D. M. DUNNE, Mayor of the
City of Carlsbad,
Carlsbad, California
MRG7VRET E. ADAMS, City Clerk
(SEAL)
S-474974 referred to.
All of that unincorporated arun in the Countv of San Diego, State of
California, more particularly Described as all of La Costa Downs Unit No. 1,
according to Map thereof Mo. 201'), filed in the office of the Countv Re-
corder of San Diego County, April 6, 1927 and that portion of Sections 20
and 21 in Township 12 South, P.ange A West, San Uernardi.no "Hase and Meridian,
according to United States Government Survey, approved October 25, 1875,
lying Westerly of the following described boundary:
Commencing at the Southeast corner of said La Costa Downs Unit No. 1; thence
along the Southerly line of said Section 21, South 89°40'20" East, ll().f)0
feet to the Southwesterly corner of land described in Parcel 1 in deed to
Charles J. Kramer, et ux, recorded September 16, 1958 in Bool; 7256, Page
331 of Official Records and the TRUE POINT OF BEGINNING; thence along the
boundary of said Parcel 1 of Kramer's land as follows: North 00°00'4n"
West, 150.no feet: South 89°40'20" East,' 75.00 feet: and North 00°00'40"
West, 2039.84 feet to the Northerly line of said Section 21 being a point
in the Southerly boundary of Hancho Agua Hedionda as established by decree
rendered under that certain action entitled ''Kelly Tnvestr.ent Companv, vs.
Clarence Dayton Hillman, et al" in Superior Court Case No. 16830 on file
in the office of the County Clerk of San Diego Cowmty.
EXCEPTING from all the-above described land those port'ions thereof lying
Westerly of the Northeasterly line of that portion! of California Stat-e
Highway XT-SD-5 (Interstate 5) as described in Parcel 1 in deed to the State
of California, recorded February 16, 1966 as File No. 27424.
ALSO EXCEPTING from said Section 21, the Southerly 25.00 feet of the Westerly
40.00 feet of that portion of said Section 21, Iving Easterly of the Easterly
line of said La Costa Downs Unit No. 1.
ANU ALSO INCEPTING from that portion of said Section 21 which lies Easterly
of the Easterly line of said La Costa Downs and tlhe. Northerly prolongation
thereof, one-half of all oil, gas and mineral-riglVts in, on and under said
land, without right of ingress or egress, as contained in deed from Jack W.
Harris as Guardian of the Estate of Albert MU tcal.fi, an incompetent person,
recorded July 1, 1955 in Hook 5701, Page 315 of Official Records, and in
deed from Jack Harris, Trustee of the Estate of 'fnnn V. llecher, deceased,
et al, recorded July 1, 1955 in Hook 5701, Page 317 of Official Records.
AND ALSO EXCEPTING from said Sections 20 and 21 rlioso portions thereof Iving
Northerly of the Southerly boundary of Rancho Agin Hedionda as established
bv decree rendered under said Superior Court Case No. 1(>-S30 hcreinabove-
NOTE: All of Lots 1, 2; Lots 1 to 8, inclusive, zml lots 10 to 17, inclusive,
in Illock 3- Lots 1 to 8, Inclusive, In I'.lock •'* : Loifes 1 to 4 , Inclusive, and
Lots 13 to 17, inclusive, in Block 7; Lots 1 to 7,, inclusive, and Lots 9 to
17, inclusive, in Illock 8, all of Clocks 9, 10, 11,, 12, 13, 14 and 15:
having been excluded from said La Costa Downs Unit No. 1 bv decree rendered
under Superlot Court CaV.e No. 87499 on file in the off Ice of the Countv
Clerk of San Diego Countv and a copy of said decrea- being recorded February
19, 1.937 in hook 620, Page 213 of Official Vecordsj..
Exhibit "A"
c o
OCCIDENTAL
PETROLEUM
LOWDER LN. TO
BE EXTENDED
DEVELOPER
PROPOSED RECLASSIFICATION FROM R-I-IOOOO TO P-C
AND ADOPTION OF MASTER PLAN.
REQ. BY: FINANCIAL SCENE INC.
11-23-71
Exhibit "B"
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RESOLUTION NO. 1935
A RESOLUTION OF THE CITY COUNCIL OF THE
. CITY OF CARLSBAD, ANNOUNCING FINDINGS AND
DECISION REGARDING CHANGE OF ZONE FROM
R-l-10,000 TO P-C (Planned Community) ZONE,
AND ADOPTION OF A MASTER PLAN, ON PROPERTY
LOCATED EAST OF INTERSTATE 5, SOUTH OF
' PALOMAR AIRPORT ROAD AND NORTHERLY OF POIN-
SETTIA LANE.
(FinancialScene, Inc.)
WHEREAS, on the 14th day of December, 1971, the Carlsbad
City Planning Commission adopted Resolution No. 741, which is
herewith referred to and made a part hereof: and
WHEREAS, on January 4, 1972, a duly advertised public hearing
was held as prescribed by law to consider a Change of Zone from
County Zoning to P-C (Planned Community) Zoning, and Adoption of
a Master on property described as:
A portion of La Costa Downs Unit No. 1,
according to Map thereof No. 2013, filed
in the office of the County Recorder of
San Diego County, April 6, 1927, and that
portion of Sections 20 and 21 in Township
12 South, Range 4 West, San Bernardino
Base and Meridian, according to United
States Government Survey, approved October
25, 1875 and more particularly described
on file in the Office of the City Clerk.
WHEREAS, the City Council received all recommendations and
heard all persons interested in or opposed to the proposed change
of zone and Master Plan;
NOW, THEREFORE, the City Council of the City of Carlsbad DOES
HEREBY DECLARE FINDINGS AND RESOLVE that the findings of the
Planning Commission contained in Resolution No. 741 constitute the
findings of the City Council of the City of Carlsbad.
BE IT FURTHER DECLARED AND RESOLVED that the City Council
certifies that the approval of the proposed change of zone
classification and the adoption of the Master Plan is necessary
to carry out the general purpose of Ordinance No. 9060, as amended
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BE IT FURTHER RESOLVED that the City Council does hereby
declare its intention to adopt an ordinance to effectuate the
proposed change of zone classification.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the
City Council held on the 4th day of January, 1972 by the
following vote, to wit:
AYES: Cmn- Dunne, McComas, Jardine, Castro and Lewis.
NOES: None.
ABSENT: None.
DAVID M. DUNNE, Mayor of the
City of Carlsbad, California
ATTEST:
MARGARET E. ADAMS, City Clerk
(SEAL)
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ORDINANCE NO. 9290
AN ORDINANCE OF THE CITY OF CARLSBAD
AMENDING ORDINANCE NO. 9060 BY GRANTING
A CHANGE OF ZONE FROM R-1-10,000 TO P-C
(PLANNED COMMUNITY) ON PROPERTY LOCATED
EAST OF INTERSTATE 5, SOUTH OF PALOMAR
AIRPORT ROAD AND NORTHERLY OF POINSETTIA
LANE. _
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 change of zone from R-1-10,000 to P-C (Planned Community
in Ordinance No. 9218, creating a Planned Community Zone, subject
to the provisions contained therein for the following described
property, and that the zoning map referred to in Section 21.06.050
of the Municipal Code and Ordinance No. 9060, as amended, be
changed accordingly:
PROPERTY DESCRIPTION:
A portion of La Costa Downs Unit No. 1, according
to Map thereof No. 2013, filed in the office of the
County Recorder of San Diego County, April 6, 1927
and that portion of Sections 20 and 21 in Township
12 South, Range 4 West, San Bernardino Base and Meri-
dian, according to United States Government Survey,
approved Oct. 25, 1875, and more particularly described
in Exhibit "A" attached hereto and made a part hereof.
SECTION 2. This Ordinance shall be effective on the 31st
day after its adoption and the City Clerk shall certify to the
adoption of this Ordinance and cause it to be published at
least once in the 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 4th day of
January, 1972, and thereafter PASSED AND ADOPTED at a regular
meeting of said City Council held the 18th day of January, 1972,
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by the following vote to wit:
AYES: Cmn. Dunne, McComas, Jardine, Castro and Lewis.
NOES: None.
ABSENT: None.
D. M." DUNNE, MayoV^j7 the
City of Carlsbad,
Carlsbad, California
ATTEST:
MARGARET E. ADAMS
City Clerk
CERTIFICATE OF CITY CLERK
I, MARGARET E. ADAMS, City Clerk of the City of Carlsbad,
California, do hereby certify the foregoing to be a true and
exact copy of Ordinance No. 9290 of said City, duly passed and
adopted by the City Council of said City on the date and by
the vote therein recited.
MARGARET ADAMS, City Clerk
(SEAL)
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