HomeMy WebLinkAbout1972-08-09; City Council; 790-2; Appeal - request for a zone changeT H c r T O F CARLSBAD,CALX FO~KN 'T"~
Agenda Bill No.
''Ref erred To:
Date; August 9, 1972
subject, APPEAL _ Request for approval of -a zone
change from uounty A-1(8) to R-l-6,000 on property
located Westerly of 1-5 & 2,500 feet Southerly of
Poinsettia Lane. (CALIFORNIA PROPERTY BROKERS)
Submitted By
Planning Dept,
Statement of the Matter
The Planning Commission, at their regularly scheduled meeting of July 11,
1972, unanimously denied a request for change of zone, from County Zoning
A-l-8 to R-l-6,000 on property located westerly of 1-5 and 2,500 southerly
of-Poinsettia Lane.
REASONS FOR DENIAL- WERE:
1. The location of school sites and neighborhood park facility
. is not defined.
2. The alignment of Avenida Encinas has not been adequately '
defined. - .
The documents itemized below complete this application for your
further review and hearing-. . . -
Exhibit
1. - Applications for zone change.
2. - Staff Report
3. - Resolution No. 809.
4. - Department sketch
5. - Applicant's Exhibits.
6. - Letter appealing Planning Commission decision
7. - Letter from CarTsbad Unified _School District
Staff Recommendations
Staff recommendations for denial are more completely outlined in
referenced staff report. . '
AB No. '_____ ' . • Date
City Manager's Recommendation
Council'Action
-2-
tl- /. JJJ-V-/1 J. .1.CT
1. Complete Parts A,B,C,D ~^d E.
2. Filing-Fee $100.00 plus ?5.00 for each
additional lot or parcel.
3. Make check payable to City of Carlsbad.
--» Information to be type written.
Submit1—d to the Carlsbad City
Plani.^ng Commission
Date Received £ - 7~ ~7 3-.
Date of Hearing
PART A- '—
*ame of Applicant_
GENERAL INFORMATION ;
California Property Brokers Telephone (2I3) 338-6010
applicant's Mailing Address 14022 Ramona Blvd., Suite E, Baldwin Park, Calif. 91706
^ocation of Property by Street East of Fwy- 5> approximately 2,500 feet South of
Poinsettia Lane
~ART B LEGAL' DESCRIPTION OF PROPERTY
.ttach to this application one copy of a complete legal, description of the
rroperty for which a change of zone is requested.
'ART C --------- f -------- - — t ----- ----- REQUEST
:hange of Zone from County A- 1 (8) ' _to R- 1 -6,000
ART D
.-ttach to this
.ngineer, archi
.imensions and
,s- requested;
.lleys and/or
MAP
(AND A SEPIA)pplication ££44- COPIES of a map prepared by a registered civil
ect or licensed land surveyor which shows the exact boundaries,
bearing of each- line of the property for which a reclassif ication
ncimes and widths of bordering streets; location and width of
eeisements.
ART E ----------- • --- APPLICANT'S STATEMENT
!(Attacth separate sheet if area for statement is not sufficient)
Does public r
in the convnur
iccessity require the proposed change? Is there a real need
;ity for more of the types of uses permitted by the Zone
requested thcjn can be accommodated in the areas already zoned for such uses?
There are n6 areas in the City of Carlsbad under the proposed zoning in which new homos
are being offered for sale. This, we feel, constitutes a need for this type of use.
Is.the.proper
the purposes
in the pros01
To produce •
ty involved in the proposed reclassification more suitable: for'
permitted in the proponed zone than for the purposes permitted
t classification?the proposed home under the present zoninq would not be economically feasible.
to surrounding property?
No
u zone £>e detrimental in any way
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 . " •
The following spaces are for signatures of owners whose properties lie within a
jradius of 300 feet of the property proposed to be reclassified and who approve
of the change (attach extra sheets if necessary).
Ho. on
Map Name Address Lot Block Tract
-2-
We, 'the .undersigned property owners 'herewith reques_ 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 ctctually included in the proposed
reclassification. Attach extra .sheets if necessary.)
No. on
Map Name Address Lot Block Tract
i
OWNER'S AFFIDAVIT
STATE OF CALIFORNIA)^ A les
COUNTY OF SAW-JMBGG) SS
CITY OFPalos Verdes Estates,
_, , .Frank K. Wright and Thomas C. Major are the general partners of Poinsettia Properties,. Ltd^/ (we) , being duly sworn, depose and say that I (we)
am (are) the owner(s) of part (or 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
zJhoroughly and completely, to the best of my (our) ability, presents an
argument in behalf of the application herewith submitted and that the
statements and information above referred to are in all respects true and
correct to the best of my (our) knowledge and belief.
i_i _'_i
TO 442 C
(Partnership)
STATE OF
COUNTYon
Ltd.
lomas u. j>
General aners
les Estates
,1972 .
before me, the undersigneda Notary Public in and for said State, personally appeared
~~ , . f\ ifii i tpr)of the partners of the partnership
that executed the within instrument, and acknowledged to me
tliat such partnership executed the same
and official seal.
:ted by me
Planning
Coiimtission
Name (Typed or Prinlcd)
(Thli irta lor official notarial teal)
LEGAL DESCRIPTION
Being a portion of the South half of the South half of "the Southwest
quarter of Section 28, Township 12 South, Range 4 West, San Bernardino
Meridian, as said Section is shown on Record of Survey Map No. 682, filed
July 28, 1938, in the office of the County Recorder of San Diego County,
and being more particularly described as follows:
Commencing at a concrete monument set for the South quarter corner
of said Section 28; thence along the South line of said Section 28, South
89°59'20" West, 329.96 feet to a point in the West line of a parcel of
land conveyed to the State of California by Grant Deed from Carroll R.
Kelly and Alice L. Kelly, recorded in the office of the County Recorder
of San Diego County on August 29, 1961, said point being the True Point
of Beginning.
Thence continuing along South line of said Section 28, South 89°59'20"
West, 1962.38 feet to a point in the East line of a parcel of land conveyed
to the Atchison, Topeka and Sante Fe Railway Company by Deed recorded in
Book 2059, Page 466 of the official records of the County Recorder of the
County of San Diego on March 30, 1946; thence along said East line North
2I°08'I8" West, 730.84 feet to a point in the North line of the South half
of the South half of the Southwest quarter of said Section 28; thence along
said North line South 89°57130" East, 1,915.62 feet to a point in said West
line of the State of California parcel; thence along said West line South
-24°3IMO» East, 744. 13 feet and South 25°47'12" East, 3.24 feet to.the
True Point of Beginning. '
3S-370 MC
26 May 1972
J. Wolfe
vtn
S'TAFF REPORT/MEMORANDUM Ju. 11, 1972
TO: PLANNING COMMISSION
FROM: CITY MANAGER
SUBJECT: APPLICATION FOR A CHANGE OF ZONE FROM COUNTY A-l-(8)
TO R-l-6,000 OH PROPERTY SOUTH OF POINSETTIA LANE
BETWEEN INTERSTATE-5 AND A.T. & S.F. RAILROAD R/W
APPLICANT: CALIFORNIA PROPERTY BROKERS
Report submitted by: City Manager, Fire, Engineering, Building,
Parks & Recreation & Planning Depts.
General Discussion:
The applicant proposes a change in zoning from County A-l-(.8)
to R-l-6,000 on property lying south of Poinsettia Lane between
Interstate-5 and A.T. & S.F. Railroad right-of-way.
This application represents a request for a pre-annexational
zone change. Land to the north is proposed by H. B. Develop-
ment Company for development under the Planned Community con-
cept reflecting a combination of 8 units per acre mobile
homes; 10 units per acre and 34 units per acre residential
and neighborhood commercial centers.
Land to the south is presently in agricultural use, however,
from discussions with the owner it is anticipated that it will
also develop under the Planned Community (P-C) concept.
General Plan recommended densities for the property reflect
3-7 units per acre. This project proposes 4.1 units per
acre. The proposed project conforms to the General Plan
density recommendations and to the City of Carlsbad zoning
ordinance 9060.
There is not adequate information at this time concerning
circulation patterns and, i.e. the future alignment of
Avenida Encinas Road; location of school sites to serve
the area, and neighborhood park' f aci 1 ities .
Recommen d a t i o n s
It is the staff's recommendation that the subject application
be continued for further study for the following reasons:
1. 'T:o=4e*£n-e Th e location of school sites and a neighborhood
park facility,., i* n</j
2. T~o ~Q (j Qjqih^-t^»4^e=xte=N^V€ the potential alignment o£ Avenida
JACK B. ARNOLD, City Manager
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PLANNING COMMISSION RESOLUTION NO. 809
A RESOLUTION DENYING A PRE-ANNEXATIONAL CHANGE OF ZONE
FROM SAN DIEGO COUNTY A-l-8 TO R-l-6,000 ON PROPERTY
LOCATED WESTERLY OF INTERSTATE-5 AND 2,500 FEET
SOUTHERLY OF POINSETTIA LANE
WHEREAS, the Planning Commission did on July 11, 1972, hold a
duly noticed public hearing to consider a change of zone from San
Diego County A-l-8 to R-l-6,000 on property located westerly of
Interstate-5 and 2,500 feet southerly of Poinsettia Lane, as submitted
by California Brokers, Inc., on property described as:
A portion of the South half of the Southwest
quarter of Section 28, Township 12 South, Range
4 West, San Bernardino Meridian, as said section
•V
is shown on Record of Survey Map No. 682, filed
July 28, 1938, in the Office of the County Recor-
der of San Diego County, and more particularly
described in application on file in the City
Planning Office.
WHEREAS, at said public hearing, upon hearing and considering all
the testimony and arguments, if any, of all persons who desired to
be heard, said Commission considered all factors relating to a
change of zone and found the following facts and reasons to exist:
1. The location of school sites and a neighborhood park facility
is not defined.
2. The alignment of Avenida Encinas has not been adequately defined.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the
City of Carlsbad that it does hereby deny a change of zone on said
property.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad
City Planning Commission held on the llth day of July, 1972, by the
following vote, to wit:
AYES: Commissioners Palmateer, Norman, Dewhurst, Jose, Little
NOES: None
ABSENT: Commissioners Forman, Dominguez
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ELMER H. JOSE, JR., Chairman
ATTEST:
EDMOND W. DOHINGUEZ, Secretary
U san diego
ENGINEERS ARCHITECTS PLANNERS 3065 ROSECRANS PLACE, SUITE 109, SAN DIEGO, CALIFORNIA 92110 (714) 224-2835
20 July 1972
File: 370
City of Carlsbad
Honorable Mayor and City Council
1200 Elm Avenue
Carlsbad, California 92008
Gentlemen:
Reference: Planning Commission Resolution No. 809
We are the engineers for California Property Brokers. In their behalf we
hereby appeal the above resolution to deny pre-zoning from A-l-8 (County)
to R-I-6500.
Respectfully submitted,
^^L^^J. C. Wolfe ^
VTN San Diego
JCW:jak
cc: Mr. John McCoy
RECEIVED
JUL2H972
CITY CLERK b UrHCE
CITY OF CARLSBAD
CARLSBAD UNIFIED SCHOOL DISTRICT
801 PINE AVENUE CARLSBAD, CALIFORNIA 92008
July 13, 1972
Carlsbad City Council
1200 Elm Avenue
Carlsbad, California 92008
Reference: Carlsbad Tract No. 72-17
Gentlemen:
The following information is in response to a request from the City Planning
Department in a letter dated July 5, 1972 concerning the above-referenced
tract being developed by California Property Brokers, Ltd. (Royal Homes).
Through further communication with the City Planning Department, it is the
school district's understanding that this proposed home development will
consist of 125 three and four-bedroom residences which will probably be sold
in the moderate price range. It is our estimate on this basis that the
development might possibly house the following number of students:
Grades K - 6
Junior High
High School
Total
92 Students
25 Students
47 Students
164 Students
The City Planning Department informs us that an elementary school site and
a portion of a future junior high school site have been set aside in the
master planning of the H-3 Development, which is in reasonably close proximity
of this 125-home unit. It is, therefore, requested that the developer of
this property be advised of the district's concern in obtaining school sites
to see if he will be willing to make a contribution in lieu of providing land
on a basis that is equitable with the other developers who have committed
themselves to in lieu fees.
It is hoped that the above information will be of assistance to you in your
studies and decisions concerning the future of this planned residential
development.
Sincerely yours,
HOWARD C. HARMON
District Superintendent
FHL:HCH:aw
ADMINISTRATION 729-1191
APPLICATION FOR A CIlAIiM
IN ZONE H<OM A-l-B COUNTY
ZOtllHi TO CITY R-l-6000 ZONING
APPLlCAHT:CALIFDRtllA PROPERTY BROKERS
DATE: JULY 11, 1972
WESTON
KARTELL INC,
HIXSOH
EHGLAHDER
RITZ
OCCIDENTAL PETROLEUM
KELLEY-
CHAPPEE
LAMB
KbRTH
KO SCALE
NOTICE OF PROPOSED ZONE CHANGE
....I. NOTICE. .IS HEREBY. £IVEN-that the Planning Commission of the
City of Carlsbad will hold a public hearing In the City Council
Chambers, 1200 Elm Avenue, Carlsbad, California at 7:30 P.M.
on Tuesday, July 11, 1972, to consider a'n application submitted
by California Brokers, Inc., In accordance with Title 21 of the
Carlsbad Municipal Code, for a Zone Change from San Diego County
A-l-8 to R-l-6,000 on property located westerly of Interstate-5
and 2,5000 feet southerly of Poinsettia Lane, more particularly
* •
described as follows:
A portion of the South half of the Southwest
quarter of Section 28, Township 12 South, Range
4 West, San Bernardino Meridian, as said section
Is shown on Record of Survey Map No. 682, filed
July 28» 1938, in the Office of the County Recorder
of San Diego -County, and more particularly des-
cribed in application on file 1n the City Planning
Office.
CARLSBAD 01TY PLANNING COMMISSION
Publish: June 30, 1972