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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 10 11 12 13 14 15 16 17 18 19 .20 21 22 23 24 25 26 27 28 29 30 31 32 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 £0 21 22 23 24 25 26 27 28 29 SO 31 32 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