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Home My WebLink About1973-05-11; City Council; 2038; Final environmental impact report no.129ME CITY OF CARLSBAD, CALL vRNIA Agenda Bill ^0. g%?g" Date Mav 11. 1973 Referred To: CITY COUNC-IL Subject: FINAL ENVIRONMENTAL IMPACT REPORT NO. 129,Submitted By: Zone Change Case No. 1'09 and Master Plan No. 108 - PLANNING COMMISSION Request for approval of Zone Change from R-A-10 to P-C and Adoption of a Master Plan for 350-unit development located West of El Camiho Real. Between Chestnut Av.&Kellv Dr. APPLICANT:DOUGLASS-PACIFIC(CARLSBAD PALISADES) Statement of the Matter % These matters were considered by the Planning Commission at their regular meeting on May 8, 1973. The Final EIR was accepted as being a complete and accurate report . The Planning Commission adopted Resolution No. 903 approving the change of zone. Resolution No. 904 was also adopted sub- ject to the conditions that a revised Master'Plan would be submitted for .approval deleting the Commercial area shown in the original request for change of zone and Master Plan. The Specific Plan and Tentative Map scheduled for hearing at the Planning Commission of the 8th of May were continued to the next regular meeting on May 22, 1973. Exhibit 1. Staff Report dated May 8, 1973 2. E.I.R. Final Report dated May 8, 1973 3. Owners affidavit 4. Planning Commission Resolution No. 903 5. Planning Commission Resolution No. .904 6. Draft Environmental Impact Report (Carlsbad Palis 7. Applicant's Exhibits . J«J*JV. /^u * -,. 8. Resolution/* Ordinance/re Change of Zone Staff Recommendat tons 9> Resolution re Master P 1 a n - $*< Staff recommends acceptance of the Final EIR and approval of the Zone Change and Master Plan as set out in Staff report. AS NO.Date: Ma> H. 1973 City Manager's Recommendation Concur with recommendation of Planning Commission Counci1'Action 6-5-73 Following the Public Hearing, Resolution #3136 announcing findings on zone change .to P-C was adopted. -Ordinance #9355 amending Title 21 granting zone change was given a first reading. • ' Resolution #3137 adopting a Master Plan on. 63'acres, to be •known as Carlsbad Palisades was adopted. The Final EIR was also adopted. ' .-. • • 6-19-73 °^inancejo. 9355'was given a second reading by title only VINCENT F. BIONDO, JR.CITY ATTORNEY - CITY OF CARLSBAD1200 ELM AVENUECARLSBAD, CALIFORNIA 920081 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 30 31 32 ORDINANCE NO. 9355 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 21 OF THE MUNICIPAL CODE BY GRANTING A CHANGE OF ZONE FROM R-A-10 TO P-C (Planned Community) ON PROPERTY LOCATED WEST OF EL CAMINO REAL, BETWEEN CHESTNUT AVENUE AND KELLY DRIVE, FOR DEVELOPMENT OF A 350-UNIT PROJECT ON 63 ACRES OF LAND TO BE KNOWN AS "CARLSBAD PALISADES". The City Council of the City of Carlsbad, California, ordain as follows: The following described real property is granted a change of zone from R-A-10 to P-C (Planned Community): Portion of Lot "I" of Rancho Agua Hedionda, Map No. 823, in the City of Carlsbad, County of San Diego, State of California EFFECTIVE DATE: This ordinance shall be effective thirty (30) days after its adoption and the City Clerk sha certify to the adoption of this ordinance and cause it to be published at least once in the Carlsbad Journal within fifteen (15) days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council held on the 5th day of June, 1973, and thereafter PASSED AND ADOPTED at a regular meeting of said City Council held on the 19th day0f June , 1973, the following vote, to wit: AYES: Councilman Dunne, McComas , Chase and Frazee. NOES: None. ABSENT: Councilman Dunne. does 11 by DAVID M. DUNNE, Mayor of the . _ City of Carlsbad, CaliforniaA 1 1 ti o 1 • MARGARET E. ADAMS, City Clerk (seal) NOTICE OF PROPOSED ZONE CHANGE, ADOPTION OF MASTER PLAN AND FINAL ENVIRONMENTAL IMPACT REPORT. NOTICE IS HEREBY GIVEN that the City Council 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., June 5, 1973, to consider an application submitted by DOUGLAS PACIFIC (Carlsbad Palisades) for a Zone Change from R-A-10 to P-C (Planned Community) Zone for a 323 unit condominium development on 63 acres, Adoption of a Master Plan and Final Environmental Impact Report on property generally located on the west side of El Gamino Real between Chestnut Avenue and Kelly Drive and more parti- cularly described as follows: Portion of Lot "I" of Rancho Agua Hedionda, Map No. 823, in the City of Carlsbad, County of San Diego, State of California, and more particularly described on file in the Office of the City Clerk. CARLSBAD CITY COUNCIL Publish: May 24, 1973 Affidavit of Publication STATE OF CALIFORNIA ^ County of San Diego j Patdeia-lCannlng , says that she is the Principal Clerk of The Carlsbad Journal, a weekly newspaper of general circulation, printed and published in the City of Carlsbad, County of San Diego, and State of California, and that the notice of which the annexed is a true copy, was published .„.„.-_ .times in said newspaper, commencing on the _ day of April , A.D. 19 ?3—i namely on the following dates: NOTICE OF PUBLIC HEARING NOTICE !S HEREBY GIVEN that the Planning Com- mission of the City of Carlsbad, California will hold a Public Hearing on May 3, 1973, at 7:30 P.M., in the Council Chambers, 1200 Elm Avenue, Carlsbad, Cali- fornia, to consider the following matters: CASE NO. ZC - 109 ^CARLSBAD PALISADED CASE NO. MP - 103 *'CARLSBAD PALISADES ™* GASfi-m—-SB—-115- CARLSBAD PALISADES CASE NO. CT - 73-8 CARLSBAD PALISADES applications filed by DOUGLASS-PACIFIC CORPOR- ATION, requssting Change of Zone from R-A-10 to P-C, consideration of a Master Plan, Specific Plan and Tentative Map, to allow a 323 unit condominium development on 63 acres of land generally located on the \vest side of El Camino Real between Chestnut Avenue and Kelly Drive and more particularly des- cribed as follows: Portion of Lot "I" of Rancho Apia Hedionda, Map No. 823, in the City of Carlsbad, County of San Diego, State of California. Those persons desiring to comment on this pro- posed Zone Change, Master Plan and Specific Plan are cordially invited to attend the Public Hearing. CARLSBAD CITY PLANNING COMMISSION Pub:-April 26, 1973 « (A) J April 26,1973 26 „., 19 11 Signed at Carlsbad, California this day of ...... *££. I hereby declare under penalty of perjury that the foregoing is true and^orrect. Legal Decree No. 172342 Principal Clerk Affidavit of Publication STATE OF CALIFORNIA I K County of San Diego ( Patricia Manning , says that she is the Principal Clerk of The Carlsbad Journal, a weekly newspaper of general circulation, printed and published in the City of Carlsbad, County of San Diego, and State of California, and that the notice of which the annexed is a irue-copy, was published ?^?....times in said newspaper, commencing on the _ day of _ i A.D. 19 i namely on the following dates: NOTICE OF PROPOSED ENVIRONMENTAL IMPACT REPORT HEARING NOTICE IS HEREBY GIVEN that the Planning Com- mission of the City of Carlsbad will hold a public hear- ing on May 8, 1973, 7:30 P.M., in the City Council Chambers, 1200 Elm Avenue, Carlsbad, California, to consider a Final Environmental Impact Report, sub- mitted by DOUGLAS-PACJF;lC.X.OEP*ron property lo- cated Easfof Skyline Dr., both sides of Tamarack Ave. (extended) for a P-C zone development on the following described property: Portion of Lot "I" of Rancho Agua Hedionda, Map No. 823, in the City of Carlsbad, County of San Diego, State of California. CARLSBAD CITY PLANNING COMMISSION Pub: April 26, 1973 April 26,1973 Legal Decree No. 172342 Signed at Carlsbad, California this ..26. day of *££ , I97L I hereby declare under penalty of per|ury that the foregoing is true ancj correct. Principal Clerk Rick Engineering P-tif iy March 5, 1973 Job'No. 4390 PROPERTY OWNERS' LIST WITHIN 300' RADIUS OF PROPOSED CARLSBAD PALISADES Parcel Number Assessor's Number Owner 1-2-3 207-180-12 -- Holly Brae Estates 207-180-08 3950 Holly Brae Lane 207-180-09 Carlsbad, California 4 207-180-03 *- Winfried B. & Judith Ender 3930 Holly Brae Lane Carlsbad, California 5 207-180-04 / Robert J. & Carol Doose 320 Hemlock Street Carlsbad, California 6 207-180-05 / Robert J. & Jane Kilian 3950 Holly Brae Lane Carlsbad, California 7 207-180-06 " Robert L. & Mary Means 3955 Holly Brae Lane Carlsbad, California 8 207-063-11 ^William E. & Marie Helbing 3930 Skyline Road Carlsbad, California 9 207-063-12 '' Charles M. & Tari Wood 3948 Skyline Road Carlsbad, California 10 207-0'63-13 / Robert P. & Hazel Scheunemann 3958 Skyline Road / Carlsbad, California 11 207-063-14 Francyl Streano 4000 Skyline Road Carlsbad, California March 5, 1973 _ Property Owners' i Job No. 4390 Page 2 Parcel Number Assessor's Number Owner 12 13 14 15 16 17 18 19 20 ?22 207-073-01 207-073-02 207-073-03 207-073-04 207-073-05 207-073-06 207-073-07 207-064-06 207-064-05 207-072-17 207-072-16 - Clarence A. Steves 4004 Skyline Road Carlsbad/ California / William E. Morehouse, Jr. 4014 Skyline Road Carlsbad, California / Lester R. & Ruth Butler 4024 Skyline Road Carlsbad, California t/ Melvin E. & Harriet Servi 4040 Skyline Road Carlsbad, California x Richard W. & Gwendolyn Hi] 4050 Skyline Road Carlsbad, California Elsie M. Kelly ' P.O. Box 35 Carlsbad, California Ronald S. & Patti Schwab " 4080 Skyline Road Carlsbad, California Ralph J:1 fl Patricia Palme ' 3955 Skyline Road Carlsbad, California i/Donald R. & Ann Belmont 3285 Monroe Street Carlsbad, California / Leonard J. & Anne Huking 4005 Skyline Road Carlsbad, California 7 Roy D. & Agatha Brokenshi 4015 Skyline Road Carlsbad, California March 5, 1973 _ ' Property Owners' d Job No. 4390 Page 3 Parcel Number Assessor's Number Owner 23 24 25 26 27 28 29 30 31 32 33 207-072-15 207-072-14 207-072-13 207-072-12 207-072-11 207-072-10 207-082-11 207-082-12 207-082-10 207-082-09 207-082-08 207—082-07 / William R. & Anna Blackwe] 4027 Skyline Road Carlsbad, California / Edward A. & Irma Richards 4039 Sunnyhill Drive Carlsbad, California / Ruth M. Mallard 4051 Skyline Road Carlsbad, California /Otto E. Sparrer 4061 Skyline Road Carlsbad, California / Lois L. Freiburger 4073 Skyline Road Carlsbad, California Gerald & Dorothy McClellaj XP.O. Box 99 Carlsbad, California Dorothy J. Carmichael " 4105 Skyline Drive Carlsbad, California Alexander H. & Joan Chase ^4115 Skyline Road Carlsbad, California Cecil S. Travis •/ C/O Leo & Harrison Howard 4125 Skyline Road Carlsbad, California J Kathryn D. McGinnis 4135 Skyline Road Carlsbad, California / Edward F. & Gertrude Klin< 2831 Todd Street Oceanside, California March 5, 1973 • Property Owners' Job No. 4390 Page 4 Parcel Number Assessor's Number Owner 34 35 36 37 38 39 40 41 42 i 43 208-083-01 207-083-02 207-083-03 207-083-04 207-083-05 207-083-06 207-083-07 207-100-09 207-100-45 207-230-20 George W. & Magaret Brown] 4120 Skyline Road Carlsbad, California Richard C. & Vicki Campbel 4134 Skyline Road Carlsbad, California Charles R. & Alice Eymann 4140 Skyline Road Carlsbad, California Arthur E. & Elizabeth Wollrich 4150 Skyline Road Carlsbad, California Walter N. Johnson, Trustee 2112 El Camino Real Oceanside, California Horace G. & Maudi Stevens 4210 Skyline Road Carlsbad, California Hiroshi & Miwako Ukegawa 4218 Skyline Road Carlsbad, California John R. Prewitt P.O. Box 75037 OarJ-Dbaefr-, California L.R. Partnership, LTD. C/O Harold Fluster 8221 West Third Street Los Angeles, California L.R. Partnership, LTD. C/O Jack D. Cox 3401 Via Palomino Palos Verde Estates, California , March 5, 1973 Property Owners' Li. Job No. 4390 Page 5 Parcel Number Assessor's Number Owner 44 45 46 47 48 49 50 51-52 207-230-10 207-230-09 207-230-08 207-230-07 207-230-06 207-230-12 207-230-19 208-010-06 208-010-08 Raymond E. & Pamela Foster 4805 Kelly Drive Carlsbad, California George B & Janet Knapp 4807 Kelly Drive Carlsbad, California William R. & Kyoko Lentz 4809 Kelly Drive Carlsbad, California Roland A. & Frances Mercer 4811 Kelly Drive Carlsbad, California Charles D. & Beverly Bailey 4815 Kelly Drive Carlsbad, California Harold D. & Gail Stidolph 4814 Kelly Drive Carlsbad, California Max S. & Helen Amoss, Jr. 4810 Kelly Drive Carlsbad, California Elsie M. Kelly P.O. Box 35 Carlsbad, California I declare to the best of my knowledge that the foregoing is an accurate list taken from the latest equalized assessment roll on file in the Office of the Assessor of San Diego County. Robert C. Ladwig RCL/JR:ljg NOTICE OF PROPOSED ZONE CHANGE, ADOPTION OF MASTER PLAN AND FINAL ENVIRONMENTAL IMPACT REPORT. NOTICE IS HEREBY GIVEN that the City Council 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., June 5, 1973, to consider an application submitted by DOUGLAS PACIFIC (Carlsbad Palisades) for a Zone Change from R-A-10 to P-C (Planned Community) Zone for a 323 unit condominium development on 63 acres, Adoption of a Master Plan and Final Environmental Impact Report on property generally located on the west side of El Camino Real between Chestnut Avenue and Kelly Drive and more parti- cularly described as follows: Portion of Lot "I" of Rancho Agua Hedionda, Map No. 823, in the City of Carlsbad, County of San Diego, State of California, and more particularly described on file in the Office of the City Clerk. CARLSBAD CITY COUNCIL Publish: May 24, 1973 CITY OF CARLSBAD PLANNING DEPARTMENT ANALYSIS FOR MAY 8, 1973 TO: PLANNING COMMISSION FINAL ENVIRONMENTAL IMPACT REPORT NO. 129 CARLSBAD PALISADES ACCEPTABILITY OF DRAFT REPORT The draft report titled "Environmental Impact Report for the Planned Community Carlsbad Palisades, Carlsbad, California", prepared by Environmental Impact Profiles, for a project proposed by DougUs-Pacific'Corporation, was accepted by the Director of Planning as the preliminary E.I.R. This report was then forv/arded to the following agencies for their review: 1. I.R.E.M. (County) 2. C.P.O. (County) 3. San Diego Ecology Centre 4. Phil Stanbro. Staff did not receive comments back from any of these agencies. Also, many residents in the Sunnyhill/Skyline area reviewed the draft E.I.R. but, again, no written comments were received by staff. FINAL REPORT PROJECT DESCRIPTION Pages 2-10 of the draft E.I.R. provide an adequate description of the project. ENVIRONMENTAL SETTING WITHOUT THE PROJECT Pages 11-61 of the draft E.I.R. give a very comprehensive description of the present environmental setting broken down into Physical Systems, Biotic Systems and Human Systems. IDENTIFY ENVIRONMENTAL IMPACTS The environmental impacts of the proposed development are. discussed on pages 62-88 of the draft E.I.R. -1 ~ ./• ,P_age 2. ANY ADVFR.SF FNVTROMMFNTAI FFFFCTS WHTCH CANNOT RF AVnTDFR SHfllH n THE PROPOSAL BE IMPLEMENTED. Pages 89-91 and 104-105 of- the draft E.I.R. discuss the unavoidable impacts. MITIGATION MEASURES PROPOSED TO MINIMIZE THE IMPACT Mitigating measures are discussed on pages 92-98 of the draft E.I.R. It should be noted that a financial agreement between the developer and the school district would be another method of mitigating the proposed development's impact on the schools. ALTERNATIVES TO THE PROPOSED ACTION Alternatives are discussed on pages 99-101 of the draft E.I.R. THE RELATIONSHIP BETWEEN LOCAL SHORT TERM USES OF MAN'S .ENVIRONMENT AND THE MAINTENANCE AND ENHANCEMENT OF LONG TERM ENVIRONMENTAL PRODUCTIVITY. Pages 102-103 of the draft E.I.R. provide this information. THE GROWTH INDUCING IMPACTS OF THE PROPOSED ACTIVITY UPON THE NEIGHBORHOOD AND/OR COMMUNITY. The growth inducing impacts are discussed on pages 106-107 of the draft E.I.R. THE BOUNDARIES OF THE AREA WHICH MAY BE SIGNIFICANTLY AFFECTED BY THE PROPOSED ACTIVITY. Pages 108-109 of the draft E.I.R. provide this information. RECOMMENDATIONS Staff recommends that the draft E.I.R.'be accepted as the final environmental impact report. Staff also compliments Environmental Impact Profules for providing a very thorough informational document. Respectfully submitted, tflCHAEL C. ZANDER/,, Assistant Planner • • CITY OF CARLSBAD PLANNING DEPARTMENT ANALYSIS FOR MAY 8, 1973 TO: PLANNING COMMISSION ZONE CHANGE CASE NO. 109 and MASTER PLAN NO. 108 CARLSBAD PALISADES DESCRIPTION OF APPLICATION The applicant DOUGLAS-PACIFIC CORPORATION, is requesting approval of a zone change from R-A-10,000 to P-C and adoption of a Master Plan showing a total of 350 dwelling units on 63 acres of land, generally located west of El Camino Real, north of Laguna Riveria and east of the Carlsbad Highlands. DESCRIPTION OF PROJECT The master plan shows three types of development: 1. 20 acres of single-family residential with a gross density1 of 2.5 d.u./acre. These areas would act as a buffer zone to the existing single-family areas of Laguna Riveria and Carlsbad Highlands. 2. 39 acres of garden home and townhouse condominiums with a gross density of 7.7 d.u./acre. Most of this area fronts along El Camino Real. 3. 4 acres of neighborhood commercial area in the southeast corner of the site adjacent to El Camino Real. The master plan also shows Birch Avenue (Tamarack) being extended from its existing terminus in Carlsbad Highlands down to El Camino Real. It is shown as a 68' right-of-way. There is one connection to Birch Ave(extended) from Neblina Dr. in Laguna Riveria. DESCRIPTION OF PROPERTY • „ - The site is an irregular shape and would require substantial grading (almost one million cubic yards of dirt moved) to facilitate this proposal. The draft environmental impact report provides a very thorough description of the project area. carisbad Pali.sades page 2. ZONING AND GENERAL PLAN !• Zoning - Existing: R-A-10,000 Proposed: P-C Adjacent: North - R-l-15,000 East - E-l(A) (County) South - P-C & R-A-10,000 West - R-l-15,000 2. General Plan: The General Plan designates the area as "Low Density" residential (3-7 d.u./acre). The applic</.it proposes a net density of 6.3 d.u./acre. General Plan does not designate a commercial site in this area. ENVIRONMENTAL IMPACT CONSIDERATIONS: The Planning Director has found that this development might have a "significant" environmental impact and a final environmental impact report was prepared as required by City of Carlsbad Environmental Protection Ordinance of 1972(attached). RECOMMENDATIONS Staff recommends that the zone change application be approved for the following reasons: 1. The zone change is consistent with the applicable General Plan. 2. The zone change would not have an adverse effect on adjoining properties. Staff also recommends approval of the Master Plan with the exception of the commercial area, for the following reasons: 1. The master plan, without the commercial areas, is consistent with the General Plan. 2. The proposed development would not have an adverse effect on adjoining proeprties. CONDITIONS OF APPROVAL OF THE MASTER PLAN 1. A revised master plan shall be submitted to the Planning Department for review and approval, shov/ing the commercial deleted and substituted with condominium density residential units. & MPT 08 Carlsbad Palisade^ Page 3. 2. No grading or development shall take place until a specific plan and tentative map have been approvedi by the City. Respectfully submitted, MICHAEL C. ZANDER Assistant Planne 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 30 31 32 RESOLUTION NO. 903 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL ITS APPROVAL OF A CHANGE OF ZONE FROM R-A-10 TO P-C ON PROPERTY LOCATED WEST OF EL CAMINO REAL, BETWEEN CHESTNUT AVENUE AND KELLY DRIVE, TO BE KNOWN.AS (CARLSBAD PALISADES). WHEREAS, the Planning Commission did on May 8, 1973, hold a duly noticed Public Hearing to consider a Change of Zone from R-A-10 to P-C (Planned Community) on property located west of El Camino Real, between Chestnut Avenue and Kelly Drive, and more particularly described as: Portion of Lot "I" of Rancho Agua Hedionda, Map No. 823, in the City of Carlsbad, County of San Diego, State of California; and WHEREAS, as required by "City of Carlsbad Environmental Protection Ordinance of 1972" a Final Environmental Impact Renort was prepared and presented to Staff, and it was the determination of Staff that this development "may have a significant impact upon the environment", and; WHEREAS, the Final Environmental Impact Report was presented to the Planning Commission at their regular meeting of May 8, 1973 and was accepted as presented, and; WHEREAS, at a duly advertised Public Hearing held on the 8th day of May, 1973, after hearing and considering the testimony and arguments of any and all persons wishing to be heard, the Planning Commission did find the following facts and reasons to exist whicht* make the approval of a change of zone necessary to carry out the provisions and general purpose of Title 21: 1. The zone change is consistent with the General Plan. 2. The zone change would not have an adverse effect on adjoining properties. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Carlsbad, that it does hereby recommend approval to the City Council of the proposed Change of Zone from R-A-10 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 30 31 32 to P-C (Planned Community). PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Planning Commission held on the 8th day of May, 1973, by the following vote, to wit: AYES: Commissioners Dominguez, Dewhurst, Forman, Jose, Palmateer, Norman and Little NOES: None ABSENT: None ATTEST: DONALD A. AGATEP, Secretary E.W. DOMINGUEZ, Chairman 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 30 31 32 RESOLUTION NO. 904 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA RECOMMENDING TO THE CITY COUNCIL ITS APPROVAL OF ADOPTION OF A MASTER PLAN ON PROPERTY LOCATED WEST OF EL CAMINO REAL, BETWEEN CHESTNUT AVENUE AND KELLY DRIVE. TO BE KNOWN AS "CARLSBAD PALISADES" WHEREAS, the Planning Commission of the City of Carlsbad did receive a verified application from Douglass-Pacific, requesting approval of a Master Plan to develop a 350-unit project on 63- acres of land generally located west of El Camino Real, between Chestnut Avenue and Kelly Drive, and more particularly described as: Portion of Lot "I" of Rancho Agua Hedionda, Map No. 823, in the City of Carlsbad, County of San Diego, State of California; and WHEREAS, as required by "City of Carlsbad Environmental Protection Ordinacne of 1972" a Final Environmental Impact Report was prepared and presented to Staff, and it was the determination of Staff that this development "may have a significant impact upon the environment", and: WHEREAS, the Final Environmental Impact Report was presented to the Planning Commission at their regular meeting of May 8, 1973 and was accepted as presented, and: WHEREAS, at a duly advertised Public Hearing held on the 8th day of May, 1973, after hearing and considering the testimony and arguments of any and all persons wishing to be heard, the Planning» Commission did find the following facts and reasons to exist which make the Adoption of a Master Plan necessary to carry out the provisions and general purpose of Title 21: 1. The Master Plan, without the Commercial areas, is consistent with the General Plan. 2. The proposed development would not have an adverse effect on adjoining properties. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Carlsbad, that it does hereby recommend to the City 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 30 31 32 Council, approval of the Adoption of a Master Plan, herein described, and subject to the following conditions: 1. A Revised Master Plan shall be submitted to the Planning Department for review and approval , showing the Commercial deleted and substituted with condo- minium density residential units. 2. No grading or development shall take place until a Specific Plan and Tentative Map have been approved by the City. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Planning Commission held on the 8th day of May, 1973, by the following vote, to wit: AYES: Commissioners Dominguez, Dewhurst, Forman, Jose, Palmateer, Norman and Little NOES: None ABSENT: None ATTEST: DONALD A. AGATEP, Secretary E.W. DOMINGUEZ, Chairman OWNER AND/OR OWNER'S AUTHORIZED AGENT AFFIDAVIT STATE OF CALIFORNIA ) COUNTY OF SAM DIEGO ) CITY OF CARLSBAD ) ss I, (We) E- G- Wilkening (Name) declare to the best of My [my, our) true and correct under the penalty of purjury: _ being duly sworn depose and _knowledge that the foregoing is EXECUTED AT Carlsbad (City! California (State) DATE March 5th 1973 (Month)(Day)(Year) APPLICANT, OWNER AND/OR OWNER'S AUTHORIZED AGENT: _( ss- STATE OF CALIFORNIA COUNTY OF^ J5AH_ Diego n» March 7. 1973 before me, the undersigned, a Notary Public in and for said County and State, personally appeared E_..JL_j!!il!ceililKL , known to me to lie the per.-on whose name 15 subscribed to the within instrument, as the Attorney— in fart of__EdwinJSi Wi 1 keninq et al he subscribed the name thereto as and acknowledged to me thatof Edwin G. Wilkening et al principal arid v'.r own name as Attorney in fact. Signature ;' Joan C. Willis E. G. Wilkening, Attorney^Tn-Fac (Print Name) ,,j .^- .jC-<(_ss/g2&^£~*^f^a*!£r '/? (Signature) P.O. Box 1207 (Mailing Address) San elements, Ca 92672 714 (City and State) 492-1530 f Av>r) N irnc I Typed or Printed) FOR NOTARY SEAL OR STAMP ^Si& JOANC. WILLIS PGMSflM "OTARY PUBLtC-CALtr. YV&Py PRINCIPAL OFFICE IN^SSs*/ SAN DIEGO COUNTY iMy ConmMssten Expires July 28, 1975 o< I Q O z tt O > > °S t < -m O -5 J zui0 o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17<t § 18 1 19 20 21 22 23 24 25 26 27 28 29 30 31 32 RESOLUTION MO. 3136 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ANNOUNCING FINDINGS -AND DECISION REGARDING CHANGE OF ZONE FROM R-A-10 TO P-C (Planned Community) ON PROPERTY LOCATED WEST OF EL CAMINO REAL, BETWEEN CHESTNUT AVENUE AND KELLY DRIVE, FOR DEVELOPMENT OF A 350-UNIT PROJECT ON 63 ACRES OF -LAND TO.-BE KNOWN AS.."CARLSBAD PALISADES". WHEREAS, on May 8, 1973, a duly advertised Public Hearing was held before the Planning Commission in the manner prescribed by law to consider a change in zone from R-A-10 to P-C on property located west of El Camino Real, between Chestnut Avenue and Kelly Drive, and more particularly described as: Portion of Lot "I" of Rancho Agua Hedionda, Map No. 823, in the City of Carlsbad, County of San Diego, State of California; and WHEREAS, at the conclusion of said hearing, the Planning Commission of the City of Carlsbad, adopted Resolution No. 903 recommending said zone change which is herewith referred to and made a part hereof; and WHEREAS, on June 5th , 1973, the City Council held a public hearing on the matter, received all recommendations and heard all persons interested in or opposed to the proposed change of zone; and WHEREAS, said application has complied with the require- ments of the "City of Carlsbad Environmental Protection Ordinance of 1972", and an Environmental Impact Report was filed and discussed at a duly noticed public hearing held by the Planning Commission on May 8, 1973, and was approved as presented; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad as follows: 1 2 3 4 5 6 7 8 9 10 .11 12 Q2 15 r-f n UJ — H £io I 2 I6 = s|| 17 ills* is zp 55 19 20 21 22 23 24 25 26 27 28 29 30 31 32 1."hat the above recitations are true and correct. 2. That the findings, of the Planning Commission contained in the aforementioned Resolution No. 90.3 constitute the findings of the Carlsbad City Council. 3. That the approval of the proposed change of zone classification is necessary to'carry out the general purpose of Title 21 of the Municipal Code. 4. That the City Council of the City of Carlsbad intends to adopt an ordinance to effectuate the proposed change of zone. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council on the 5th day of June, 1973, by the following vote, to wit: AYES: Cmn. McComas, Lewis, Chase and Frazee. NOES: None. ABSENT: Cmn. Dunne. GLE cTOMAS, Vice-Mayor ATTEST: MAMApT E. ADAMS ," &Tty CTerl 'v (seal) 2. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 SfeSl 16 COta o I— Zf U_5^3 17 § 18 i 19 20 21 22 23 24 25 26 27 28 29 30 31 32 RESOLUTION NO. 3137 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ADOPTING A MASTER PLAN FOR FOR 63 ACRES OF LAND, LOCATED WEST OF EL CAMINO REAL, BETWEEN CHESTNUT AVENUE AND KELLY DRIVE, TO ALLOW CONSTRUCTION OF A 350-UNIT PROJECT TO BE KNOWN AS "CARLSBAD PALISADES". WHEREAS, the Planning Commission of the City of Carlsbad did on the 8th day of May, 1973, hold a duly advertised public hearing as prescribed by law, to consider a request by Douglass-Pacific for approval of a Master Plan to allow construction of a 350-unit project on 63 acres of land generally located west of El Camino Real, between Chestnut Avenue and Kelly Drive, and more particularly described as: Portion of Lot "I" of Rancho Agua Hedionda, Map No. 823, in the City of Carlsbad, County of San Diego, State of California; and WHEREAS, at the conclusion of said hearing, the Planning Commission adopted Resolution No. 904 recommending adoption of said Master Plan which is incorporated by reference herein; and WHEREAS, the applicant has met the requirements of the "City of Carlsbad Environmental Protection Ordinance of 1972", and an Environmental Impact Report was filed and discussed at a duly noticed public hearing held by the Planning Commission and City Council and was approved as presented; and WHEREAS, the Plan shown on Exhibit "A" and approved by the Planning Commission is incorporated by reference herei n; and WHEREAS, on June 5th , 1973, a duly advertised Public Hearing was held before the City Council to consider the proposed Master Plan, and after hearing and considering, the testimony and arguments, if any, of all persons, desiring 1 . Q CO -I UJ Z CN «£ £o 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 30 31 32 to be heard, said Council did find the follow ing facts and reasons present which in their opinion are necessary to carry out the general purpose of Title 21 of the Carlsbad Municipal Code: 1. The Master Plan, without the Commercial areas, is consistent with the General Plan. 2. The proposed development would not have an adverse effect on adjoining properties. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad as follows: 1. That the above recitations are true and correct. 2. That the findings of the Planning Commission contained in Resolution No. 904 constitute the findings of the Carlsbad City Council. 3. That the approval of the proposed Master Plan is necessary to carry out the general purpose of Title 21 of the Municipal Code. 4. That the Master Plan detailed in Planning Commission Resolution No. 904 is hereby approved subject to all the conditions set out in said resolution. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council on the 5th day of June > 1973, by the following vote, to wit: AYES: Cmn. McComas, Lewis, Chase and Frazee. NOES: None. ABSENT: Cmn. Dunne Vice-Mayor Glenn E. McComas ATTEST: (seal) 2. • •-i T--.-V-V.-TI/C TDAfT.'XL. ! _ i i 1 / ; i 1 '/ 1— * *\r\ W . V i. 'IffcXtuU!_-Carlsbad DATE March' 5,-1973 OFFICIAL SEAL SALLY L. DONALDSON 1 . NOfASY ?i'"iiC • CAMFO3N1A ^pn;,\'ci.'.u OFFICE IN '1 SA;I DIEGO COUNTY " • MY COMMISSION EXPIRES I'tC. 22, 1974 California (State; OWNER AND/OR OWNER'S AUTHORIZED AGENT: TED LA COSTA DE MARABELIA ASSOCIATES (Print Narna}' 4924 Rebel-Road SUBSCRIBED AND SWORN TO BEFORE ME THIS (Mai 1ing Address) San Diego, California 92117 (City and State) (Area Code) (714) 273-2623 (Telephone Number) DAY-OF (Notary Public)