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HomeMy WebLinkAboutSP 34; Pacific View Development; Specific Plan (SP)APPLICATION FOR CHANGE OF ZONE INSTc'.CCTIONS TO APPLICANT and, 'PTION OF A SPECIFIC PL£ 1. Complete Parts A,BrC,D and E. Submitted to the Carlsbad City 2. Filing Fee $100.00 plus $5.00 for each Planning Commission additional lot or parcel. Date Received .^v<^a-r~V ifo 17. 3. Make check payable to City of Carlsbad. Date of Hearing__ 4. Information to be type written. PART A GENERAL INFORMATION Name of Applicant PACIFIC VIEW DEVELOPMENT Telephone 733-1181 Applicant's Mailing Address Rt. 1. Box 2550. Encinitas. California 92024 Location of Property by Street West side of Carlsbad Blvd., approximately 1800' south of Palomar Road. PART B LEGAL DESCRIPTION OF PROPERTY Attach to this application one copy of a complete legal description of the property for which a change of zone and adoption of a specific plan is requested. PART C REQUEST O -y^Change of Zone from /£; — / » to fc~ U ~ PART D MAP Attach to this application 20 COPIES of a map prepared by a registered civil engineer, architect or licensed land surveyor which shows the exact boundaries, dimensions and bearing of each line of the property for which a reclassification and a specific plan is requested; names and widths of bordering streets-; location and width of alleys and/or easements. PART E APPLICANT'S STATEMENT (Attach separate sheet if area for statement is not sufficient) 1. Does public necessity require the proposed change? Is there a real need in the community for more of the types of uses permitted by the Zone requested than can be accommodated in the areas already zoned for such uses? The proposed condominium dwelling units and beach club will be a distinct asset to the City of Carlsbad. Proximity to the beach creates the need - for the proposed development. Is the property involved in the proposed reclassification more suitable for the purposes permitted in the proposed zone than for the purposes permitted in the present classification? Yes. Multiple dwelling use in this area is proposed as a part of the City's General Plan. Original zoning was for Agricultural purposes and said property is not suitable for that purpose. Would the uses permitted by the proposed zone be Detrimental in any way to surrounding propert - ° No. Surrounding proper consists of ocean on the • west & the State of Ca ,_f. So. Carlsbad Beach and Campground on the so.; said campground has activity all year long; on the east sloping terrain & reparation by Carlsbad Blvd. make said project compatible w/Solamar Mobile Park, What were "tne original Seetl 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 radius of 300 feet of the property proposed to be reclassified and who approve of the change (attach extra sheets if necessary). No. on Map Name Address Lot Block Tract Vve, the undersigned propoi_/ owners herewith request 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 actually included in the proposed reclassification. Attach extra sheets if necessary.) No. on Map Name Address Lot Block Tract OWNER'S AFFIDAVIT STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) CITY OF (we), SS .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 thoroughly and completely, to the best of iny (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. Telephone Number 714/753-1181 Signed Mailing Address: Rt/1, Box 2550, Encinitas, Calif. Subscribed and sworn to before Filing Clerk or Notary Public / ^Y ffiflffi :'Sf op-r '^Une ,19 72 . AURORA E. CUNEY : v "i vy FnlNUrtE OFF ICC IN \ <3£^ SAN DIEGO COUNTY MY CON'MiSSiON EXPIRES APKIL 22. 1975 ' ^K^;^::-pJSS^^R.^37ignHEB^7^:--ra:This is to certify that the foregoingJfeapplica:tib'ii:''l""'h'as' been inspected by me and found to be complete and acceptable for filing with the City Planning ommission. Tor the City Planning Commission M E M 0 R A N D U M September 13, 1972 TO: FROM: SUBJECT: A p p 1 leant: Carlsbad City Council Planning Commission Request for change of zone from R-l to RD-M and adoption of a Specific Plan. Pacific View Development The Memo from Jack B. Arnold was considered at the regular meeting of the Planning Commission held on September 12, 1972. It was the decision of the Planning Commission that this matter be continued, and that the City Council be requested to obtain a written legal interpretation from City Legal Counsel regarding RD-M Zoning law, particularly concerning restaurants and cocktail lounges, and how it would apply to this application. -V E.H. JOSE, JR., Chairman EHJ:le STATE OF CALIFORNIA—RESOURCES AGENCY RONALD REAGAN, Governor DEPARTMENT OF PARKS AND RECREATION RECEIVED SEP 13 B72 .CITY CLERK'S OFFICE CITY OF CARLSBAD Honorable David Dunne I-iayor, City of Carlsbad City Hall/ 12CO bin Street Carlsbad, California T-"e understard the City Council ir.eetinc tonight will conduct further business regarding the pla,nned Pacific Vicv; Develop- nent for Poinseti^ia Beach. .a. vitr.'j or the rapidly disappearing opportunities for nubile use of our southern California beaeh.es, our Department :. ?• Most vrill- ire to v:orl- with the Ci^y of Carlsbad and the PacJfic Viovr Do- vclop:;;ent iLrii-. in arriving at acreernent ^vhich irill allow rmtual Sincerely, ENGINEERING DEPARTMENT 1200 Elm Avenue Carlsbad, California DECEIVED GOT 1 r" i:J// CITY OF CARLSBAD Planning DepartmentOctober 16, 1972 TO : F1 a r> n i nq D i r o c v o r FROM: Civil Engineer Assistant SUBJECT: Creation of pedestrian access rights, access rights, and abutters ' rights of a portion of Carlsbad Boulevard located near the intersection of Carlsbad Boulevard and Palomar Airport Road (assessor's parcel no. 210-100-03) We are transmitting the following: No . Copies Description 1 1 Remarks: Drawing No. 167-1 Exhibit "A" legal description Access rights to the subject property were previously relinquished when Carlsbad Boulevard was Highway 101, dated June 18, 1953, document 83116, Book 4894, Page 494 Official Records. The City is now considering a request to allow access to the property as indicated on the attached drawing. If you have a reason why the City should not grant this request, please submit a reply to the Engineering Dept. prior to October 27, 1972. Very truly yours, L. R. Sprehe Civil Engineer Assistant LRS/dw attachments (2) EXHIBIT "A VACATION OF PEDESTRIAN ACCESS RIGHTS, ACCESS RIGHTS AND ABUTTERS' RIGHTS FOR A PORTION OF CARLSBAD BLVD. NEAR THE INTERSECTION OF PALOMAR AIRPORT ROAD LINE "A", VACATION OF ACCESS RIGHTS AND ABUTTERS' RIGHTS Those portions of Lot "H" Rancho Agua Hedionda, in the City of Carlsbad, in the County of San Diego, State of California, according to Partition Map thereof No. 823, filed in the Office of County Recorder of San Diego County, November 16, 1896, described as follows: Beginning at the point of intersection of the Westerly line of the land described in deed to the State of California recorded June 18, 1953 in Book 4894, Page 494 of Official Records, with the North line of the South 1558.95 feet (Record=1558.90 feet) of said Rancho, said point to be hereinafter referred to as Point "A"; thence along said Westerly line of State land North. 20°04'34" West 274.66 feet (Rec=North 20°39'25" West 272.67 feet) to the Southeasterly terminus of a 5011.00 foot radius curve concave Southwesterly, a radial line to said point bears North 65°01'22" East; thence Northwesterly along said curve through a central angle of 1°38'44" (Rec=l°38'50") a distance of 143.92 feet (Rec=144.06 feet); thence tangent to said curve North 26°37'22" West (Rec=North 27°12'00" West), 426.70 feet to the TRUE POINT OF BEGINNING of Line "A"; thence North 41°54'55" West, 143.99 feet (Rec^North 42°29'44" West, 144.02 feet), to the termination of Line "A". LINE "B", VACATION OF PEDESTRIAN ACCESS RIGHTS Beginning at Point "A", described above; thence North 20°04'34" West (Rec=North 20°39'25" West) 100.00 feet to the termination of Line "B " . S. L ME RAHCHO AGUA ! Prepared by I RICK Engineering Company , 509Elm avenue phone 729 4987 Carlsbad Calif 92006 BYJob AT 3928 Robert C.Ladwig CITY OF CARLSBAD ENGINEERING DEPARTMENT MAP OF VACATION OF ACCESS AND ABVTTERS' RIGHTS FORA PORTION OF CARLSBAD BL VD. LOCATED N£AR THE/NT£RS£CTI0U OF CARLSBAD BLVD. AMD PALOMARAIRPORT ROAD CITY £ US INZER DATE' /O-//- - CL.M DWG. MO. /67-f Affidavit of Publication ( STATE OF CALIFORNIA County of San Diego / .v:ar.Q.iJ:t^....a.S._^..aiir.£^ • 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 _J times in said newspaper, commencing on the day of J-uiy. i A.D. 19 -.22., namely on the following dates: NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Carlsbad will hold ' a public hearing in the City Council Chambers, 1200 Elm Avenue, on Tuesday, July 25, 1972, at 7:30 P.M., to con- sider an application submitted by PACIFIC VIEW DEVELOP- MENT in accordance with Tit- le 21 of the Carlsbad Municipal Code, for a zone change from R-l to RD-M (Residential Den- sity-Multiple) zone and for a- doption of a Specific Plan on property located west of Carlsbad Boulevard and southerly of Palomar Airport Road, on the following des- cribed property: That portion of Lot "H", Rancho Agua Hedionda, in the City of Carlsbad, County of San Diego, State of California, according to partition Map thereof No. 823, filed in the Of- fice of the County Re- corder of San Diego Coun- ty on November 16, 1896, and more particularly described in application on file in the City Plan- ning Office. CARLSBAD CITY PLANNING COMMISSION Pub: July 13, 1972. 1972 Signed at Carlsbad, California this ^Jl^i day of _ «Mjt _ , 19 7.2. I hereby declare under penalty of perjury that/*He foregoing, is true and^correct. Legal Decree No. 172342 Principacerk Affidavit of Publication ss.STATE OF CALIFORNIA ( County of San Diego j -orpthjr de_ Ocurc^ , 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 —i. times in said newspaper, commencing on the..™7._....f day of •/•..^H?.^. _ , A.D. 19 ..1.?.., namely on the following dates: NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the Cty of Carlsbad will hold a public ":earng in the City Council Chambers, 1200 Elm Avenue, on Tuesday, September 5, 1972, at 7:30P.M.,to consider an application submitted by PACIFIC VIEW DEVELOP- MENT in accordance with Ti- tle 21 of the Carlsbad Muni- cipal Code, for a zone change from Rl-1 to RD-M(Residen- tial Density-Multiple) Zone and for adoption of a Specif- ic Plan on property located west of Carlsbad Boulevard a and southerly of Palomar Air- port Road, on the following de- scribed property: That portion of Lot "H", Rancho Agua Hedionda, in the City of Carlsbad, County of San Diego, State of Califoria, according to partition Map thereof No. 823, filed in the office of the County Recorder of San Diego County on No- vember 16, 1896 and more particularly de- scribed in appliction on file in the City Clerk's Office. CARLSBAD CITY COUNCIL Pub: Aug. 24, 1972. 24, 1972 Legal Decree No. 172342 Signed at Carlsbad, California this ...2.i^.£ day of _ ^,a^ , I97£. I hereby declare under penalty of perjury foregoing is true a»d~)correct. $A (.. ''^:"i<: "-*•.."#.. Principal Clerk STAFF REPORT/MEMORANDUM AUGUST 22, 1972 TO: PLANNING COMMISSION FROM: CITY MANAGER SUBJECT: REQUEST FOR CHANGE OF ZONE FROM R-l TO RD-M AND ADOPTION OF A SPECIFIC PLAN APPLICANT: PACIFIC VIEW DEVELOPMENT Report submitted by: City Manager, Fire, Engineering, Building, Parks & Recreation and Planning Depts. General Discussion The applicant is requesting a change of zone from R-l to RD-M (Residential Density-Multiple) and adoption of a Specific Plan on 3.51 acres located west of Carlsbad Boulevard and southerly of Palomar Airport Road. The proposed project (a beach club) consists of three structures 93 dwelling units, a restaurant cocktail lounge facility, and accommodations for 190 parking spaces, The primary building is proposed to be 10 stories from beach level and approximately 4 stories (40-45 feet) above the grade of Carlsbad Boulevard. The secondary structure is proposed to be primarily below grade and house the restaurant cocktail lounge facility. The project represents Phase I of a proposed 3 phase develop- ment. Phases 2 & 3 will be presented at a later date in con- junction with a potential rezone for the balance of the property. The ultimate size of the project will consist of 9.5 acres. A reelassification and specific plan will be required to be submitted as each phase develops. During the pre-hearing conferences, the staff requested the applicant to present their proposal to C.P.O. for evaluation of the proposal and its relationship to the airport proposal. The staff has received a letter from the Executive Director (Mr. Richard Huff) indicating the airport would have a minimal impact on the subject property, (Letter is attached). Secondly the interim influence zone for Palomar Airport a~s established by the Airport Land Use Commission also indicates minimal impact on the subject property. Land use in the general vicinity of the proposal consists of the Solomar Mobile Home Park to the east, vacant R-A and R-l property to the east, north of the Palomar Airport Road inter- change and approximately 1/4 mile south of the southern boundary are the various units of the Terramar subdivision Page Two Staff Report August 22, 1972 and the South Carlsbad State Beach is to the south. Water, sewer and circulation as proposed are adequate to serve the 'subject property. The General Plan indicates medium density (21-47 dwelling units per acre), residential development to the north and low-medium (8-21 dwelling units per acre) residential development to the east across Carlsbad Boulevard. There is not a General Plan land use recommendation for the property west of Carlsbad Blvd. and within the boundary of the subject property medium density is recommended for the northern portion of the pro- perty programmed to be in the third developmental phase. Recommendations: The staff recommends approval subject to the following reasons and conditions. Reasons of Approval; T. The proposed application will not be detrimental to the adjoining properties. 2. The subject application represents a type.of program that will enhance and encourage quality development within the City of Carlsbad. Conditions of Approval: 1. That the deviation the approv > u i n \j jj } \j v u i • ;he Specific Plan (Exhibit A) shall be adopted, any or change to the Specific Plan shall be subject to al of the Planning Department. 2. That all fire hydrants and fire fighting devises shall be constructed according to U.F.C. and requirements as set by the City of Carlsbad Fire Chief. 3. A detailed soils report will be required for the proposed retaining wall at the north end of the property. 4. Ingress and egress from the property to Carlsbad Boulevard shall be limited to the northerly most limits of the property, as shown on exhibit "B" on file in the office of the City Engineer. This access shall be allowed subject to construction of adequate public improvements including, but not limited to, deceleration lanes, channelization, signing and striping, to be approved by the City Engineer. 5. Open trenches will not be allowed across Carlsbad Boulevard for the purposes of utility installation. 6. An 8' minimum width pedestrian walkway shall be provided along the length of the proposed development. This walkway shall be physically separated from the Carlsbad Boulevard roadway, and is to connect to a minimum 20' public beach access, provided at each end of subject property. Page Three Staff Report August 22, 1972 7. The proposed project shall be subject to the payment of parks in 1ieu fees, 8. A landscape and sprinkler system plan shall be provided as required by Ord. 9181.