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Home My WebLink About1972-08-09; City Council; 834; California Property Brokers AppealT H •'*.' -CITY OF CARLSBAD, C A L I F O~ K N f~~A Agenda Bill No. %3±£ Date: August 9. 1972 'Referred To: subject: AppEAL _ Request for appr0val of a zone submitted sy,. change from county A-l(8) to R-l-6,000 on property located Westerly of 1-5 & 2,500 feet Southerly of Planning Dept .Poinsettia Lane. (CALIFORNIA PROPERTY BROKERS) . - 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 d e f i "n e d. 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 Carl'sbad Unified School District• • Staff Recommendations Staff recommendations for denial are more completely outlined in referenced staff report. . " AB Nv . ' • Date City Manager's Recommendation Council Action -2- t\- J. JLJJ.V-JJ J. .l. 1. Complete Parts A,B,C,D ~~^d E. SubmitJ^~d to the Carlsbad City 2. Filing-Fee $100.00. plus ^5.00 for each • Planing Commission additional lot or parcel. Date Received (£ — 7~7'2-. 3. Make check payable to City of Carlsbad. Date of Hearing -'-. Information to be type written. \ PART A GENERAL INFORMATION . ' ; Jame of Applicant California Property Brokers Telephone (213) 358-6010 applicant's Mailing Address 14022 Ramona Blvd., Suite E, Baldwin' Park, Calif. 91706 ^ocation of Property by Street Eas+ 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 m REQUEST ihange of Zone from County A-1 (8) ' to R-1-6,OOP (AMD A SEPIA) .ttach to this application Ttrf! COPIES of a map prepared by a registered civil .ngineer, architect or licensed land surveyor which shows the exact boundaries, .imensions and bearing of each- line of the property for which a reclassification s requested; names and widths of bordering streets; location and width of JLleys and/or easements. ART E —APPLICANT'S STATEMENT [(Attach separate sheet if area for statement is not sufficient) . Does public necessity require the proposed change? Is there a real need in the conununity for more of the types of uses permitted by the Zone requested than can be accommodated in the areas already zoned for such uses? There are no 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.property involved in the proposed reclassification more suitable for" the purposes permitted in the proponed zone than for the purposes permitted in the present classification? To produce the proposed home under the present zoninq would not be economically feasible. to surrounding property? No ' u zone r>e detrimental in any way 4. What v/ere 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 xadius of 300 feet of the property proposed to be reclassified and who approve of the change (attach extra sheets if necessary). Mo. on Map Name Address Lot . Block Tract tit-nt- -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 £ictually included in the proposed reclassification. Attach extra .sheets if necessary.) No. on Map Name Address Lot Block Tract % OWNER'S AFFIDAVIT STATE OF CALIFORNIA)^ An : COUNTY OF SAW-JMEGft) 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 rJhoroughly 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. XT t. - TO 442 C (Partnership) STATE OF COUNTY OFL^L On lomas . General artners tes Estates, Ca.. SS. 30 /? before me, the undersigned.'a Notary Public in and for said State, personally appeared.. of the partners of the par thai executed tlic within insirtinient, and acknowlnl^ej to me "> that sueh partnership executrd the same. WITNESS my bdnil and official seal. Name (Typed or Printed) .known to me • ,i ^.I'^r'w*'' AU ->^l< .--•:..:,• c M. rUiJiiiErt- No^PUOuc.«,^r :y..;i,vsf:c*-3° y=^y^^Estates, Calif. <Thh ar<a tor official notarial leal) ited by me Planning Coiuntission 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 Jyly 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°57'30" East, 1,915.62 feet to a point in said West line of the State of California parcel; thence along said West line South 24P3I'40" 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 STAFF REPORT/MEMORANDUM Ju 11 , 1972 TO: PLANNING COMMISSION FROM: CITY MANAGER SUBJECT: APPLICATION FOR A CHANGE OF ZONE FROM COUNTY A-l- TO R-l-6,000 ON PROPERTY SOUTH OF POINSETTIA LANE BETWEEN INTERSTATE-5 AND A.T. & S.F. RAILROAD R/W APPLICANT: CALIFORNIA PROPERTY BROKERS Report submitted by:City Managers 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 CP-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 acil iti es . Recommendations It is the staff's recommendation that the subject application be continued for further study for the following reasons: 1. 'Tjo^^e^tna Th e location of school sites and a neighborhood park facility,*. \x n^v 2. Tti &-Q d the potential alignment o£ Avenida JACK B, ARNOLD, City Manager 9 10 11 12 13 14 15 16 17 18 19 .20 21 22 23 24 25 26 27 28 29 SO 31 32 PLANNING COMMISSION RESOLUTION NO. 809 A RESOLUTION DENYING A PRE-ANNEXATIONAL CHANGE OF ZONE FROM SAN DIEGO COUNTY A-1-8 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-1-8 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 ,20 21 22 23 24 25 26 27 28 29 SO 31 32 ELMER H. JOSE, JR., Chairman ATTEST: EDMOND W. DOMINGUEZ, Secretary san diego ENGINEERS ARCHITECTS PLANNERS 3065 ROSECRANS PLACE, SUITE 109, SAN DIEGO, CALIFORNIA 92110 (714) 224-2835 20 July I972 File: 370 City of Carlsbad Honorable Mayor and City Council 1200 Elm Avenue Carlsbad, California 92008 Gent Iemen: 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, 9-0J. C. Wolfe VTN San Diego JCW:jak cc: Mr. John McCoy RECEIVED JUL 21 B72 CITY CLERKb 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 ftmiCATlON fPR A CII/UiM IN 20NI FROM A-l-8 COUNTY ZOtllHu TO CITY R-l-GOOO ZONING APPL1CAHT:CALJFORHIA PROPERTY BROKERS DATE: JULY 11. 1972 WESTOH KARTELL INC.. HIXSOH EI1SLAIIDER RIT2 OCCIDENTAL PETROLEUM KELLEY-t- CHAPPEE • - LAMB KbRTH NO SCALE NOTICE OF PROPOSED ZONE CHANGE ....I.. NOTICE. .IS HEREBY .GIVEN.that the Planning Commission of the City of Carlsbad will hold a public hearing 1n the City Council Chambers, 1200 Elm Avenue, Carlsbad, California at 7:30 P.M. on Tuesday, July 11, 1972, to consider ern 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-1-6,000 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 1s shown on Record of Survey Map No. 682, filed July 28, 1938, In th« Office of the County Recorder of San Diego .County, and more particularly des- cribed In application on file in the City Planning Office. CARLSBAD OITY PLANKING COMMISSION Publish: June 30. 1972