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HomeMy WebLinkAbout1973-11-07; City Council; 2188; Zone Change for Rancho La Costa PC to R 1 7500THE CITY OF CARLSBAD, CALIFORNIA //13~1 ><? ^ • /^ •''' '~ /Agenda Bill No. ^ /vo' ^ Date November 7, 1973 . Referred Jo: . * CITY COUNCIL - 'Subject:zc_136"_ Zone change for RANCHO LA COSTA Submitted By: Partnership, Ltd. (-Donald B. Ayres) Requesting / Approval of Zone Change from P-C to R-l-7500 on PLANNING COMMISSION Property located easterly of and adjacent to Lagoon ...-/..• ' iariPT approximately 350 ft. southerly of the inter- section of Poinsettia Lane and Lagoon Lane. • * Statement of the Matter % The Planning Commission, at their regular meeting held on the 9th day of October, considered the request from Rancho La Costa Partnership, Ltd. (Donald B. Ayres) for Change o'f Zone from P-C to R-l-7500 on property generally located easterly of, and adjacent.to ;Lagoon Lane, approximately 350 ft. southerly of the intersection of•Poinsettia Lane . and Lagoon Lane. After consideration of Staff's report, testimony of applicant and all- persons present for the hearing of this application, the Planning Com- mission adopted Resolution No. 974 approving the request. Exhibit 1. Certif {cation of Ownership 2. Staff. Report dated 10-9-73 3. Applicant's Exhibit (Map)4. Planning Commission Resolution #974 Approving Zone Change 5. City Council Resolution .6. City Council Ordinance No. . 73 Staff Recommendations to City Manager . • Staff recommends approval of request for Zone Change for -the reasons outlined in report dated 10-9-73. AS No. ' . Date: November 7, 1973 City Manager's Recommendation The subject change is to amend the., original zone change to ' 'P-C from County: zoning. The P-C zoning did not properly take into account the topographic considerations and consequently Bisected the property contained in CT 73-39. This zone change involves 6;.l/2-acre portion .of Carlsbad . . Tract 73-39. The lots in GT 73-39 which are not currently in-the R-l-7500 zone-are being included in the'zone chang.e from P-C to R-l-7500. . ' The City Manager concurrs with the staff recommendation. Counci1'Action 11-7-73 Council approved request for zone change ano! Resolution No. 3254 was adopted. Ordinance No. 93.70 granting zone change was introduced and given a fi'rst reading by title 'only. 11-21"73 Ordinance No. 9370 was given a second reading by title only and adopted. . • -2- C CITY OF CAflLSBAD PLANNING DEPARTMENT STAFF REPORT FOR ' OCTOBER 9, 1973 TO: . PLANNING COMMISSION REPORT ON: . CONSIDERATION OF CHANGE OF ZONE CONSIDERATION OF TENTATIVE MAP CASE NOS: ZC -136 CT 73-39 APPLICANT: D.B. AYHES, P.O. Box Drawer A Huntington Beach, California 92648 . STANDARD PACIFIC CORPORATION 7670 Clairmont Mesa Boulevard San Diego, California 92110 - I. GENERAL INFORMATION; A. Request; That the Planning Commission recommend approval of a Change of Zone from P-C (Planned Community) to R-l-75 (single family, -7,500 sq. ft. lot min.) on a 6.5 acre portion and a tentative map on the total 80.0 acres to permit a total of approximately 333 single family lots on a portion of the N|-f SE-J- of Section 28, T 12 S, R 4 W, and a portion of S^, SW|- of Section 27, T 12 S, R 4 ¥, San, Bernardino Meridian, City of Carlsbad. B. Background; The subject property, containing approximately 80.0 acres, is located easterly of and adjacent to Lagoon Lane.approximately 350 feet southerly of the intersection of Poinsettia Lane and Lagoon Lane. Said property is a portion of the total Ayres Property which had been annexed to the City earlier this year. Upon annexation approximately 80.0 acres of the subject property was aoned R-l-75 of which approximately 73-5 acres is included in this request. The remaining approximately 6.5 acres was included in a subtantially larger parcel of approximately 625 acres which the Planning Commission and the City Council granted (ZC-102) a P-C zoning designation with a density of 4 dwelling units per acrea. C. Change of Zone; The applicant is requesting that the Planning Commission consider a Change of Zone on a 6.5 acre portion of a 625 acre parcel that was recently granted a Change of Zone to P-C, as a part of the total Ayres project. The applicant, in preparing development plans for the proposed subdivision, did find that due to topography this 6.5 acres would be physically separated from the remainder of the P-C designated area and could not be easily developed with that area. Therefore, the applicant is proposing to integrate this .6.5 acre parcel into the proposed subdiyison. Normally, such a request could occur under the P-C designation, but in that there has been no master plan approved on the P-C designated areas, no development could be approved. In order to permit development a oon this small area of thS*:P-C and rather than wait for completion of the master plan which is a number of months away, the applicant is requesting this Change of Zone. D. Zoning and General Plan; -*•• Zoning: Existing - R-l-75 and P-C Proposed - R-l-75 (T.M.) Adjacent - North - RD-M (8 d.u./ac. East - P.O. (4 d.u./ac. South - County A-l (8) . • ¥est - R-l-75 and P-C 2. • General Plan; The recently adopted Land Use Amendment No. 4 indicates the presently zoned R-l-75 area to be potentially residential with from 0-5 dwelling units per acre and the area zoned P-C to be potentially residential with from 0-4 dwelling units per acre. Based upon the proposed tentative map, a density is proposed for the 0-4 area of approximately 3»38 dwelling units per acre (based upon approximately 22 dwelling units in 6.5 acres) and a density of approximately 4.23 dwelling units per acre is proposed for the 0-5 range area. It should be noted that this land use amendment was approved on the basis of gross areas rather than the normal designation of net areas. E. Environmental Impact Report Considerations; The E.I.R. for the entire Ayres Annexation was accepted by the City as a part of its consideration of the Change of Zone request No ZC-102. The consideration of these specific requests would be considered on-going projects and xvould not require further E.I.R. consid- erations. Said property is not within the Coastal permit area. F. Public Notification; The required public notices have been published and mailed regarding the Change of Zone. G. Staff Recommendation - Change of Zone; That it be moved that the Planning Commission recommend to the City Council that a Change of Zone from P-C (Planned Community) to R-l-75 (single family, -7,500 sq. ft. lots) BE APPROVED. Justification is based upon: 1. The subject property of approximately 6.5 acres is- physically more appropriately developed as a part of the proposed single family sub- division since terrain does not make conducive .to development with the remainder of the P-C area. 2. Conformance to the adopted General Plan. commitment for the area. 3. The division of zone districts along terrain separation is a more logical procedure than separation along section lines. II. TENTATIVE MAP NO. CT 73-39; The tentative map consists of a total 333 lots on a total of 80 acres for a density of 4.l6 dwelling units per acre. The main access is to be provided by two local street entrances on Lagoon Lane. Future accesses are proposed to the north and to the south. All through streets are to be 60 feet in width with all cul-de-sacs to be 56 feet in width. The applicant is proposing to develope Lagoon Lane on the basis of an 84 foot collector street with 64 feet of paving and in addition a 30 foot wide green belt area is to be located along the easterly side of Lagoon Lane which will act as a connector between the park areas on the — 2 — c oOccidental Petroleum property at Poinsettia Lane and the future County Regional Park adjacent to Batiquitos Lagoon. The applicant is indicating a meandering sidewalk to be located within this 30 foot area. Said sidewalk is to be extended further north to Poinsettia Lane as a part of the development of the Ayres holdings to the north of this subject property.' In terms of terrain, the subject 80 acres does have some substantial slopes along the easterly boundary with a minor canyon area in the approximate center of the project. To permit the development as proposed, the applicant intends to move approximately 800,000 yards of dirt and provide a substantial fill slope at 2:1 adjacent to Lagoon Lane except for two lots adjacent to the intersection of Lagoon Lane and proposed Poppy Road and one lot at the northeast corner of Lagoon Lane and proposed Daisy avenue. If these three lots were eliminated, the total subdivision.would be relatively isolated from all activity on Lagoon Lane by at least a distance of 110 feet. The final subdivision will have a high point along the easterly boundary and will slope therefrom westerly at a 6fo grade to the proposed slope.adjacent to Lagoon Lane. With regard to sewer service, no facilities presently exist to serve this portion or the total Ayres property. It is proposed by Ayres to extend a sewer line from Carlsbad Boulevard under the freeway to a pump station adjacent to Lagoon Lane just south of the 80 acre parcel in this request. The completion of this sewer project will determine when the proposed subdivision will develops. The proposed tentative map indicates an approximate 6 acre parcel as a "not a part" adjacent to and westerly of Lagoon Lane. Staff is of the opinion that this parcel should be included within the subdivision as a lot. In addition due to its substantial terrain, staff believes that an open space easement should be established on said lot. A. Staff Recommendation; That it be moved that the Planning Commission recommend to the City Council that Tentative Map No. 73-39 BE APPROVED , subject to the conditions outlined below: Justification is based upon: 1. Conformance of the subdivision to the General Plan commitment. 2. Conformance of the subdivision to all requirements of the Municipal Code and the State of California Subdivision Map Act. 3. The design of the subdivision is at the maximum standards in terms of attempting to integrate a normal subdivision layout into a somewhat hilly terrain. In order to make any development more compatible with the existing terrain, it would be necessary either to utilize a large lot concept or a cluster housing approach. In that the City has, as a part of the previous approval of the Ayres change of zone, committed a majority of this property to a R—1-75 development, staff "believes that the applicant has provided the most compatible concept. With regard to compliance to the Parks Ordinance, it is recommended that Park-in-Leiu-fees be required. Justification is based upon: 1. No parks are indicated on the subject property on the adopted general plan. 2. The proximity of the subject property to a potential regional park adjacent to Batiquitos Lagoon does not make the subject property conducive to a City park. 3. Based upon Ordinance requirements, any park created as a result of this subdivision would not be of sufficient size to be efficiently maintained. B. Conditions of Approval: Any approval should be subject to the following conditions: _ 3 _ c o 1. The recorded restrictions for.the subdivision shall include the minimum lot size and width requirements,- evidence of which shall be submitted to the City Planning Director prior to approval of the Final Map. The minimum for this subdivision shall be 7500 square foot lot with a minimum of 60 feet of lot width. 2. The development of the property described herein shall be subject to the restrictions and limitations set forth herein which are in addition to all the requirements, limtations and restrictions of all municipal ordinances and State and Federal statutes now in force, or which, hereafter, may be in force for the purpose of preserving the residential characteristics of adjacent properties. 3« • Prior to consideration of the Final Map and Improvement Plans, a grading and plot plan of the tract with all proposed dwelling units located thereon, and showing appropriate setback dimensions, shall be submitted to the Planning Department for approval to insure that adequate area requirements can be met. 4. That lots no. 1, 288, and 289, as shown on the Final Revised Tentative Map dated 9-17-73» shall be deleted and the area of said lots shall be combined with the immediately adjacent lots to the east. In no case shall the proposed slope adjacent to Lagoon Lane be padded out in the area of these three former lots. 5. Park—In-Leiu fees shall be granted to the City prior to approval of the Final Map. 6. An open space easement shall be granted to the City of Carlsbad for that slope area shown adjacent to Lagoon Lane for the full frontage of the subject property except for the roadway openings. Said easement shall include the area "of lots 1, 288, and 289. 7. The Developer shall enter into a mutually acceptable agreement with the Carlsbad Unified School District to provide for future school requirements that will result from the proposed development. 8. In order to provide for reasonable fire protection during the construction period, the subdivider shall maintain passsable vehicular access to all buildings, and adequate fire hydrants with required fire flows shall be installed as recommended by the Fire Department. 9. All public improvements shall be made- in conformity to the City of Carlsbad Engineering Design Criteria and Standard Plans, the Subdivision Ordinance and other City Standards to the satisfaction of the City Engineer without cost to the City of Carlsbad, and free of all liens and encumbrances. Improvement plans for water and sewer system shall meet the requirements of the respective service districts. 10. All drainage and grading plans shall be approved by. the City Engineer. 11. All utilities, including provisions for cable TV, shall be placed underground and/or shall be completely concealed from view. 12. All land and/or easements required by this Ordinance shall be granted to the City of Carlsbad without cost to the City, and free of -all liens and encum- brances. 13. All facilities provided to adequately control drainage on the subject property shall be maintained by the property owner(s) in perpetuity. 14. The Subdivides shall dedicate to the .public all rights of ingress and egress from lots abutting upon restricted access streets and roads over and across the lines of said lots abutting said streets and roads. This dedication shall be so designated on the certificate sheet of the Final Map with the intent that the owners of said lots will have no rights of access whatsoever to said streets and roads. The words "access rights dedicated to the City" shall be lettered along the road adjacent to the lots affected on the map proper. Lagoon . Lane shall be considered to be a restricted access street in this instance. 15. • Street names shall be subject to approval and shall be designated in accordance with the standards and policies adopted by the Planning Commission on file in the Planning Department. Said names shall be approved by the Planning Director prior to recordation of the Final Map. 16. The proposed dedication and improvement of Lagpon Lane 'shall be completed for the full frontage of the subject property on the basis of a 99*5 foot full street. A detailed landscape and irrigation plan for the proposed 30 foot wide green belt and the adjacent fill slope shall be submitted as a part of the'required improvement plans for the Planning Director's consideration and approval. Prior to the issuance of occupany clearance for the first residence and/or model of this subdivision the green belt area and adjacent slope shall be •landscaped and irrigated in a manner acceptable to the Planning Director. I?. Prior to any occupancy clearance, the proposed trunk line extension from the Ponto Trunk line to the proposed pump station at Lagoon Lane shall be 'installed in a manner acceptable to the City Engineer. This subdivision shall be served from this proposed sewer facility. No permits shall be issued on this subdivision until plans have been completed and a clear indication exists that this proposed sewer extension shall exist at the time that it will be needed by the dwelling units in this subdivision. 18. The parcel indicated on the Final Revised Tentative Map dated 9-17-73 as "not a part" shall be designated as a lot and an open space easement shall be dedicated to the City of Carlsbad encompassing this new lot. ATTACHMENTS: 1. Letter from H.C. Harmon - Carlsbad Unified School District (2) 2. Letter from J.R. Pierce - Carlsbad Municipal Water District 5 - CARLSBAD UNIFIED SCHOOL DISTRICT 801 PINE AVENUE ' CARLSBAD, CALIFORNIA 92008 September 13, 1973 City of Carlsbad 1200 .Elm Avenue Carlsbad, California 92008 SEP 1 7 1973 Attention: Mr. Donald A. Agatep, Director of Planning v^II i Ot CARLSBAD Planning Department Gentlemen: \ Reference: CT 73-39 Sea Ranch The Governing Board of the school district at a meeting held on September 11, 1973 reviewed the information presented by your department on August 10, 1973 concerning a real estate development known as CT 73-39, Sea Ranch, which will consist of approximately 331 individual residential homes . As a result of this review, it is estimated from the number and types of residences planned that the anticipated number of school age children, Kindergarten through 12th Grade, residing therein will range from 360 to 380 students. The district does not have facilities to provide for a single-session educational program for children who will be residing in this proposed development^. • In addition, - the district does not have any funds to v provide for facilities to house these children. To date, no agreement has been reached with the subdivider to provide financial assistance for school facilities which will be needed if and when these residences are constructed; however, the district administration has held an informal discussion with the developer's representative and it was indicated that the developer would cooperate by entering into an agree- ment. It is requested that approval of this proposed residential develop- ment be withheld until a firm agreement is reached between the developer and the Governing Board of the district for provision of necessary school facilities. It will be greatly appreciated if copies of this letter are made available to members of the City Council and the Planning Commission. Sincerely yours, HOWARD C. HARMON District Superintendent FI!L:nCH:aw ADMINISTRATION 729-9291 ~t Q"D \ i~% ! T 1\ '"• T7 7 T? T^i -i^^ijAi^ uiNli'.liiL/ ^s-unuu 1101 SO! 'I'iNF. AVH,\i:£ ' C\Rl.SBAiX CALil-QR.NiA 92008 T} "I? Rancho La Costa, Ltd. 20951 nrooL;hur=>t Street Huatington. Beach, California Gentlemen: ECEIVEI OCT 1 1373 CITY OF CARLSBAD Planning Department We have been given to understand by the Planning Department of the City of Carlsbad that at the time the above-referenced development was approved by the City .Council, a conunitment was mace that the owner and/or developer would reach an agreement with the school district to provide assistance with needed school facilities. We have had some personal contact with you in the past, but we find that we do not have a signed agreement pledging financial assistance, a school site, or.both as we have with other developers. • • Attached are two forms of .agreement as prepared by the San Diego County Counsel's office and adopted for use by our Board of Education. One' agreement is for the owner as developer and tha other one is to be. used wherein the owner and the developer are separate parties, Ue hope that you will find the agreement form in order and will be able to sign it and return it to us very shortly. V;e, of course, would be very glad to discuss this matter with you and at your convenience. You may contact our Superintendent—^f Schools, Dr. Howard C. Hanaon in the event of my absence. Sincerely ya Business Manager FHL:aw Att. CC: Dr. Howard C. Harmon Mr. Don Agatep, Director of Planning,' IV )1\ X .^L^ CA-ffLSBAO PLANNING DEPT APPLICANT DONALD 0. AYEBS ( SPINNAKER HILLS} CASE NO ZC-136 (P.C. TO R-I-75OO) CT 73-39 DATE 9 J,..--, CITY OF CARLSBAD APPLICATION FOR APPROVAL OF A TENTATIVE TRACT MAP AS PROVIDED FOR IN CHAPTER 20.12 OF THE CARLSBAD MUNICIPAL CODE FILING FEE RECEIPT NO.CoOV^ TENTATIVE TRACT NO. 73-39 (For Office Use) DATE TO THE PLANNING COMMISSION AND CITY COUNCIL OF THE CITY OF CARLSBAD: I. Request is hereby made for approval of Tentative Tract No. 73-39 consisting of &o± gross acres, having 331 lots, being a proposed subdivision of land for property described as: -(Exact Legal Description) N1/2. SE1/4. Section 28. T125. R4W. S.B.M. City of Carlsbad. State of California generally located on the East (North, South, East, West) Side of Lagoon Lane between Poinsetta Road . (Name of Street)(Name of Street) and Batiquitos Lagoon ' .' (Name of Street) TYPE OF SUBDIVISION Residential (Residential, Commercial, Industrial; APPL I CAT TON FOR APPROVAL TENT/V^E TRACT MAP PRESENT ZONE R1 - 7500 PROPOSED ZONE Same We the undersigned state that We are the (I, We)~~(I am, We are) .owners ' _.' '''.'.' of the property described herein and hereby (Owner, Owners) give our authorization to the filing of this (My, Our) proposed tract map: * Name Rancho La Costa, A Limited Partnership (Typed or Printed as shpwn/pn Recorded Deed) Signature \^iWS? Name ;_; ' '' __;_ ' ' • ' (Typed or Printed as shown on Recorded Deed) Signature Name _•_'_' ' ' ' ' ' .' (Typed or Printed as shown on Recorded Deed) Signature Name (Typed or Printed as shown on Recorded Deed) Signature Name (Typed or Printed as shown on Recorded Deed) Signature Name (Typed or Printed as shown on Recorded Deed) *;. Signature Name and Address of Subdivider: Standard Pacific Corporation 1565 MacArther, Costa Mesa, California Name and address of Engineer or Licensed Land Surveyor: No. 13703 J. K, Mandrel! c/o R. M. Galloway & Associates, Inc., 129 Cabrillo Street, Costa Mesa, California 1. The source of water supply Carlsbad Metropolitan Water District 2. Type of street improvements and utilities which the subdivider proposes to 1 nstal 1 - City of Carlsbad Standard Subdivision Street Sections and Utilities -2- sAPPLICATION .FOR APPROVAL TENTAV-£ TRACT MAP 3. The method of sewage disposal is Per City of Carlsbad Master Sewer Plan 4. Proposed storm water sewer or other means of drainage (grade & size) Per City of Carlsbad Master Plan of Drainage 5. Protective covenants to be recorded None 6. Proposed tree planting As required by the City of Carlsbad 7. Proposed grading plan (when required) shall be submitted In its final form affiae Tentative Map approval The adopted general plan of the City of Carlsbad recognizes the property described in this application for Residential (Residential,-Commercial, Industrial, Etc.) use of land. AFFIDAVIT STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) .. CITY OF CARLSBAD ) ^ "RAHCHO LA £$sTA « ^o » being duly sworn (I, We) (Name) (/'&*/>, farfHe-)- depose and declare to the best of my knowledge that the fore- (my, our) going is true and correct under the penalty of purjury: -3- --VAPPLICATION FOR APPROVAL TENTATW TRACT MAP EXECUTED AT _ DATE ' August 6, 1973 Huntingtoh Beach (City) OWNER AND/OR OWNER'S AUTHORIZED AGENT: Cali fornia !(State) RANCHO LA COSTA, a Limited Partnership (Print Name) Donald B. A>o-es ^ General Partner POST OFFICE BOX A (Mailing Address) HUNTINGTON BEACH, CALIFORNIA 92648 (City and State) (Area Code) (71*0 962-6683 (Telephone Number) SUBSCRIBED AND SWORN TO BEFORE ME THIS 6th DAY OF August Betty L. Faust (Notary Public) OFFICIAL SEAL BETTY L. FAUST NOTARY PUBLIC, CALIFORNIA PRINCIPAL OFFICE IN ORANGE COUNTY My Commission Expires Oct. 4, 1976 1973 -4- APPLICATION FOR APPROVAL/^NTATIVE TRACT. TENTATIVE MAP PREPARATION CHECK LIST INFORMATION ON MAP: Each tentative map shall contain the following information: 1. Name and address of the owner whose property is proposed to be subdivided and the name and address of the subdivider; 2. Name and address of registered civil engineer, licensed surveyor, landscape architect or land planner who prepared the maps; North point; Scale; Date of preparation; The location, width and proposed names of all streets within the boundaries of proposed subdivision and approximate grades thereof; Location and width of alleys; Name, location and width of adjacent streets; Lot lines and approximate dimensions and numbers of each lot; 10. Approximate location and width of watercourses or areas subject to inundation from floods, and location of structures, irrigation ditches and other permanent physical features; 11. Approximate contours at two-foot intervals; 12. Approximate location of buildings and permanent structures; 13. Location of trees within proposed rights of way to be dedicated; 14. Legal description of the exterior boundaries of the subdivision; 15. Width and location of all existing or proposed public or private easements; 16. Classification of lots as to intended residential, commercial, industrial or other uses; 17. Railroads; 18. Approximate radii of curves; 19. Proposed name of the subdivision(0rd.9050,s302). SUPPLEMENTAL INFORMATION: B DD I* Source of water supply; 2. Type of street improvement and utilities which the subdivider proposes to install; 3. Proposed method of sewage disposal; 4. Proposed storm water sewer or other means of drainage (grade and size); 5. Protective covenants to be recorded; 6. Proposed tree planting; 7. Proposed grading plan when required. (Ord. 9050,s303) 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 o 31 RESOLUTION NO. 974 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 P-C TO R-l-7500 (ZC -136) ON PROPERTY LOCATED EASTERLY OF, AND ADJACENT TO, LAGOON LANE, APPROXI- MATELY 350 FEET SOUTHERLY OF THE INTERSECTION OF POINSETTIA. LANE AND LAGOON LANE. (DONALD B. AYRES) WHEREAS, the Planning Commission of the City of Carlsbad did on October 9, 1973, hold a duly noticed Public Hearing to consider a Change of Zone from P-C (Planned Community) to R-l-7500 (Single Family-Residential), on property generally located easterly of, and adjacent to, Lagoon Lane, approximately 350 feet southerly of the intersection of Poinsettia Lane and Lagoon Lane, and more particular! described as: Portion of the North one-half of the Southeast one-quarter of Section 28, Township 12 South, Range 4 West, and a Portion of the South one-half of the Southwest one-quarter of Section 27, Town- ship 12 South, Range 4 West, San Bernardino Meri- dian, City of Carlsbad, County of San Diego, State of California. WHEREAS, the Planning Director, has determined that the potential environmental impacts of this project have been adequately covered in the Environmental Impact Report (EIS-114) which had previously bee accepted by the Planning Commission and City Council, and; WHEREAS, at said Public Hearing, upon hearing and considering the testimony and arguments, if any, of all persons who desired to be heard, said Commission did find the following facts and reasons to exist which make the approval of a Change of Zone necessary to carry out the provisions and general purpose of Title 21: 1, The subject property of approximately 6.5 acres is physically more appropriately developed as a part of the proposed single family subdivision since terrain does not make conducive to development with the re- mainder of the P-C area. 2. Conformance to the adopted General Plan Commitment for the area. 30 3. The division of zone districts along terrain separation tion lines. 32 is a more logical procedure than separation along sec- 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 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 P-C (Planned Community) to R-1-75QO (Single Family-Residential). PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Planning Commission held on the 9th day of October, 1973, by the following vote, to wit: AYES: Commissioners Dominguez, Jose, Casler, Wrench, Palmateer and Little. NOES: None ABSENT: Commissioner Forman ATTEST: DONALD A. AGATEP, Secretary Q<00 5 ig 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 i 17 £ 18 i 'is 20 21 22 23 24 25 26 27 28 29 30 31 32 C RESOLUTION NO. 3254 A RESOLUTION OP THE CITY COUNCIL OP THE CITY OP CARLSBAD, CALIFORNIA, ANNOUNCING FINDINGS AND DECISION ON A CHANGE OP ZONE FROM P-C TO R-l-7500 ON 6.5 ACRES OF LAND, GENERALLY LOCATED EASTERLY OP AND ADJACENT TO LAGOON LANE, APPROXIMATELY 350 FEET SOUTHERLY OP THE INTERSECTION OP POINSETTIA LANE AND LAGOON LANE. (Donald B. Ayres) WHEREAS, on October 9, 1973, a duly advertised Public Hearing was held before the Planning Commission in the manner prescribed by law to consider a change of zone from P-C to R-l-7500 on 6.5 acres of land, generally located easterly of and adjacent to Lagoon Lane, approximately 350 feet southerly of the intersection of Poinsettia Lane and Lagoon Lane, and more particularly described as: Portion of the North one-half of the Southeast one-quarter of Section 28, Township 12 South, Range 4 West, and a portion of the South one-half of the Southwest one-quarter of Section 27, Town- ship 12 South, Range 4 West, San Bernardino Meridian, City of Carlsbad, County of San Diego, State of California. WHEREAS, at the conclusion of said hearing, the Planning Commission of the City of Carlsbad, adopted Resolution No. 974 recommending said zone change which is herewith referred to . and made a part hereof; and WHEREAS, the Planning Director has determined that the potential environmental impacts of- this project have been adequately covered in the Environmental Impact Report that has been approved for the Rancho La Costa Partnership, Ltd. project, and this application should be classed as an on-going project; 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 the aforementioned Resolution No. 97^ constitute the findings of the Carlsbad City Council. o 03 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 5s5^ 17O <5 —I JL I uj 2- CN <f* t ff •— —i 5 o £ 11 § 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 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 7th of November, 1973, by the following vote, to wit: AYES: Cmn. Dunne, McComas, Lewis, Chase and Frazee. NOES: None. , ABSENT: None. ATTEST : DAVID M. DUNNE, Mayor MARGARET E. ADAMS, City Clerk (seal) -2- VINCENT F. BIONDO, JR.CITY ATTORNEY - CITY OF CARLSBAD1200 ELM AVENUECARLSBAD, CALIFORNIA 92008*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 C ORDINANCE NO. 9370 AN ORDINANCE OP THE CITY COUNCIL OF THE CITY OP CARLSBAD, CALIFORNIA, AMENDING TITLE 21 OP THE MUNICIPAL CODE BY GRANTING A CHANGE OP ZONE FROM P-C TO R-l-7500 ON 6.5 ACRES OP LAND, GENERALLY LOCATED EASTERLY OF AND ADJACENT TO LAGOON LANE, APPROXIMATELY 350 FEET SOUTHERLY OF THE INTERSECTION OF POINSETTIA LANE AND LAGOON LANS. (Donald B. Ayres) The City Council of the City of Carlsbad, California, does ordain as follows : The following. described real property is granted a change of zone from P-C to R-l-7500: Portion of the North one-half of the Southeast one-quarter of Section 28, Township 12 South, Range 4 West, and a portion of the South one-half of the Southwest one-quarter of Section 27, Town- ship 12 South, Range 4 West, San Bernardino Meridian, 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 shall 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 7th day of November, 1973, adjourned and thereafter PASSED AND ADOPTED at a/regular meeting of said City Council held on the 21st day of November s ^911, by the following vote, to wit: AYES: Councilmen Dunne, McComas , Lewis, Chase and Frazee. NOES: None. ABSENT: None. DAVID M. DUNNE, Mayor ATTEST: MARGARET E. ADAMS, City Clerk (seal)