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Home My WebLink AboutZC 179; RANCHO LA CUESTA; Zone Change (ZC)Receipt No. APPLICATION NO. ZONE CHANGE_______ CITY OF CARLSBAD (Please Type or Print) Date: 1 . REQUEST: Zone Change from the present existing RDM zone(s) to the R-17500 zone(s) 2. LOCATION: The subject property is generally located on the South side of ElCamino between Alga and Arena] 3. ASSESSOR'S NUMBER: Book, 15-' Page3 Parcel .3' Rook Parcel (If more, please list on bottom of this page).. 4. OWNER(S): Name Address . City Zip Phone Rancho La Costa, a Limited Partnei 5. APPLICANTS SIGNATURE: CITy OF I hereby declare that all within this rnent application is true. Name Address Cit Zio Phone Representing (Company or Corporation) . Newport Shores Builders Relationship to Property Owner(s) Acting as agent 6. Is this request consistent with the General Plan and applicable Specific Plans? yes Please note: As per Section 21.52030 of the City Code, the Planning Director must find that this request is consistent with the General Plan or applicable Specific Plans, or the application shall not be accepted. This determination may be appealed to the Planning Commission and City Council. The City of Carlsbad Planning Department would appreciate the oppor- tunity to work with the applicant throughout the Planning Stages of the proposed development. In an effort to aid the applicant, the Planning Department requests that it be given an opportunity to evaluate and discuss the application and plans prior to submittal. This request is not a requirement; however, it may avoid major re- drafting or revision of the plan which only serves to lengthen the processing time. ATTACHMENTS: Supplemental Information Form -Planning 9-1 Preparation Check List - Planning 2-1 .., Procedures - Planning 3-2 FORM Planning 8-1 Date of Planning Commission Approval SUPPLEMENTAL INFORMATIONÔORM CHANGE OF ZONE 1) Gross Acres (or square footage if less than acre) 121 acres 2) Present Zone RDM Proposed Zone R-1 7500 3) General Plan Land Use Designation___________________________________ 4) Source of Water Supply To be supplied with CT 72-34 5) Method of Sewage Disposal is To be supplied with CT 72-34 6) Types of Protective Covenants to be Recorded______________________ None 7) Transportation Modes Available to Service the Development______ '° fos 8) School District Serving the Property Carlsbad Unified School District 9) Are School Facilities Capable of Serving this Project Please refer to EIR for CT 72-34 (Written confirmation of this requirement must be submitted prior to Planning Commission hearing). 10) This Application for a Change of Zone is supported by the Following Reasons: a) Such a Zone Change is warranted because______________________ It is a requirement of resolution 3854 Condition #1 b) Such a Zone Change will be in the interest of furtherance of Public welfare because This request is to lessen the proposed population ol LIt we. c) The permitted uses in this proposed reclassification will not be detrimental in any way to surrounding properties because This is a request to lower the density now allowed. d) Tka property in this application is more suitable for the proposed zone than the existing zone because___ A majority of the lots do not meet the 10,000 sq. ft. m _______ inimum required under present ordinance. e) What were the original deed restriction, if any, concerning the type and class of permitted uses on the subject property? (Give expiration date of these restrictions). None FORM _Planning 9-1 Date of Planning Commission Approval H PREPARATION CHECK LISP GENERAL PLAN AMENDMENT/ZONE CHANGE DOCUMENTS REQUIRED FOR SUBMITTAL: 1) Application with supplemental information sheet completed. 2) Environmental Impact Statement or Report with Fees (if required). 3) FEE: $100.00 plus $5.00 per acre. 4) 300 Foot Radius Map - A map to scale not less than 1"=200' showing each lot within 300 feet.of the exterior boundaries of the subject property, and each lot within 300 feet of the. exterior boundaries of the subject property shall be consecutively numbered to correspond with the property owner's list. 5) Property Owner's List A typewritten list showing the number of each lot within 300, followed by the Owners name and address. This list must be accurate and taken from the latest equalized assessment roll on file in the office of the Assessor of San Diego County, 855 Wiiliamston Street Vista s California, (Phone 714 724-8571) FORMPlanning 2-1 Date of Planning Commission Approval PROCEDURES 1)plication to Planning Commission: In an effort to aid the applicant, the Planning Department requests that it be given an opportunity to evaluate and discuss the application in its various stages of development prior to submittal. It is more effective if applicant meets directly with staff; however, written or telephone communication is acceptable. It is the responsibility of the applicant to make the initial contact for such meeting. 2) Submittal: Application will be accepted only if the applica- tion, plans and other pertinent materials are complete. enerally, the date application will be heard will be deter- mi:ned by-the submittal date as indicated within the approved Manntng Commission calendar. 3) Planning Commission Calendar: The Planning Commission adopts an annual calendar that indicates application closing dates, staff review dates, staff report completion dates, and Plan- fling Commission hearing dates. You may acquire this calendar at the Planning Department. 4) Staff Review: On the date as indicated on the Planning Commission Calendar, City Staff conducts a review meeting on all items on the Planning Commission agenda. The applicant is invited to attend and to explain the project and respond to staff preliminary recommendations. Upon completion of this review, Staff will pre- pare final staff recommendations to be submitted to the Planning Commission. The final report with recommendations will be available at the Planning Department five days prior to the Planning Commission hearing (Friday afternoon prior to the Planning Commission meeting date). 5) Hearing: The Planning Commission meets every 2nd and 4th Wednesday of the month at 7:30 p.m. or as indicated on the Planning Commission calendar. Depending on the type of appli- cation, the Planning Commission will either make a finding and forward to City Council or make final action. 6) Appeals: Final action by Planning Commission may be appealed to the Cty Council, provided such appeal is filed within ten (10) days after the Planning Commission action. The applicant should review with staff the procedure on the various types of appi ications. 7) Fjnal Decision: The City will notify the applicant and property owner of the final decision. FORM; Planning 3-2 Date of Planning Commission Approval I TO. NAME INIT. RATE ACTION )( .\GATEP BARRETT CLRKE .P1AIGEMAN _____ - HIELD MEACHA PLENDER WEE ACE_____ ADER rPormation 5. See DAA 2. File 6. Written Report 3. Review & Comment 7. Update Maps 4. Prepare Reply 8. Handle .'1 SECURED AGREENT BETTEE! OWNER AS DVELOFR AND CARLSBAD UNIFIED SCHOOL DISTRICT THIS SECURED AGREEMENT is entered into this -23rd day of - July , 1973, by and between 1/ e NEWPORT SHORES BUILDERS flame of Developer] a Corporation 1 [corporation, partnership, etc.] hereinafter referred to as "Developer, whose address is Drawer NA" [street] . Huntington Beach, California, 92648 , city state zip code] it— Iø,)_,. and • "eq1p CARLSBAD_UNIFIED SCI-IOOL DISTR.ICT of San Diego County, California, hereinafter referred to as "District", whose address is 801 Pine Avenue, Carlsbad, California 92008 W I T N E S S E T H: A. WHEREAS, Developer is the owner of the real property described on EXIi3IT "A" attached hereto and by this reference incorporated cre!n by reference, and hereafter referred to as tt property" 2/; and B. W1IEF:EAS, the Property lieswfthin th boundaries of District; and (714) 962-6683 (714) 340-4200 7Th JOHN H. GLEASON FRANK H. AYREa & SON CONSTRUCTION CO. MAILING ADDRESS 20931 8ROOKHURST ST. DRAWER A, HUNTINGTON BEACH HUNTINGTON BEACH, CA 92648 C V. • .•. ,' . .•.. C. WHEREAS, Developer proposes to construct. 3/ 378 detached houses 100 may be duplexes on said Property, which development carries the proposed name of RANCHO LA CUESTA • and Is hereafter referred to as ."Development"; and D. WHEREAS, Developer filed on the 8th day of January, 1973 with, the County of San Diego and/or the City of Carlsbad a request for 4/ Zoning R-1 7500 and duplex zoning E. WHEREAS, Dvclopor and D!strict reoocnize that school • facilities and services will not be available to accommodate • children who may subsequently move into the proposed development; and ; F. WHEREAS, Developer has requested of the District assurances that school facilities and services will be available to meet' the needs of the future residents of the development as It Is presently p.-oposed and the Developer is aware that the District cannot, and will not, be able to give Developer any such assurances without financial assistance to pay for such services and facilities; and G. WIiEAS, the Developer aree. to provide such flnanciul asi;tancc in accorrnco with te tor:; of this aCreei:ont and a the District agrees to provide assurances that school facilities and services will be available to meet the needs of the future residents of the development as it is presently proposed. NOW THEREFORE, THE PARTIES HERETO HEREBY AGREE as follows: I • - 1. The Developer shall pay to the District the sum of Two Hundred Thirty-Four and no/100 Dollars (' 234,00 for each dwelling unit to be constructed in the Developmetit. The number of Dwelling units to be. constructed shall be determined from the approved subdivision map of the Development, as recorded • in the Office of the County Recorder. The term "dwelling unit" as used in this agreement means a place of residence and may be located in either a single or multiple dwelling unit building. • Such payments shall be made in accordance with the following provisions: I.I. The total amount due -hereunder shall be paid to the district in installments equal to 234 times the number of dwelling units for which building permits are issued until the total amount as specified in paragraph 1 above has been paid or until the agreement has been canceled by mutual consent due to the abandonment of a portion of the Development. Such Installments shall be due and payable to the Di strict concur.'cnt with a.plication by Developer for issue ice of said building permits. _)_ • • 1.2. A* payments not made by th•eveioper when due and payable shall bear interest at the rate of seven (7) percent per annum. 2. The Owner and Developer may in the future offer to donate a school site in lie of all or part of the financial obligation agreed upon in paragraph 1 above, which offer the District shall consider but is not obligated to accept. 3. To secure Developer's obligation hereunder, Developer shall provide to District the securities called for in sub- paragraph 3.1 or 3.2 or 3.3: 31. A surety bond in favor of District in a form acceptable to District from an insurer acceptable to ( District in the sum -of $ to insure i Dcvo lop ert s perf.Drance of theterms of thiszigreement. 5. 3.2 A bank or savings and loan time certificate of. deposit in the amount of $_________________ in a form acceptable to District naming the District as an irrevocable assignee for the term of this agreement, and expressly providing that any interest accruing on the time certificate of deposit shall be solely the property of depositor and the District shall hav no rights to any such interest. 5/- • - 3.3 Such other security as may be acceptable to the District. ./ Safeco Insurance Co. -. - 4. District agrees to provide school facilities and services wh5ch will be available to ect the needs Of the future resiccnts of the areas to be developed as described herein. District further agrees to provide in writing for -4- -. - • -:• I. S Developer, and upon his request, assurances necessary to enable Developer to comply with any requirements of public agencies as evidence of adequate school facilities and services sufficient to accommodate the needs of the developments herein described. 5. All obligations hereunder shall terminate in the 61 event - - A final map does not record. and the District shall within ten (10) days after written notice to District by Developer, deliver to Developer necessary documents for releasing the security provided to District pursuant to paragraph 3 hereof. 6. Any notice from one party to the.other shall be In writing, and shall be dated and signed by the party giving such notice or by a duly authorized representative of such jarty. Any such notice shall not be effective for any purpose whatsoever unless served in one of the following manners: 6.1. If notice Is given to the District, by personal delivery thereof to the District or by depositing the same in the United States nail, addressed to the District at the address set forth herein, enclosed in a sealed envelope addressed to the District for attention of the Superintcndcnt, post.e p'epc1 rind c'rtIiied. - -5- I 6.2. If notice is given to Developers by personal • delivery thereof to Developer or by depositing the • , same in the United States nail, enclosed in a sealed envelope addressed to Developer at the address set I forth herein or at such other address as may have been designated, postage prepaid and certified. 6.3. If notice is given to a surety or other person, by personal delivery to such surety or other person or by depositing the same in the United States Mail, enclosed in a sealed envelope addressed to such surety or person at the address at which such surety or person last communicated to the party giving notice, postage prepaid and crtified. 7, This Agreement shall be binding upon and shall inure to the benefitof, and shall apply to, the respective successors and assigns of Developer and the District, and references to Developer or the District herein shall be deemed to be reference to and include their respective successors and assigns without specific mention of such. successors andassigns. If Developer should cease to have any interest in the Property, all obligations of Developer hereunder shall terminate; provided, hoiever, that any successor of Dvoloper's interest in the Property shall have firs".; arrwr,cd in :riting the Deveopc's obligations here ndc' and 3h2.1J. have co::lied wh Prf;raPh 2 hereof. IM •,. INWTNESS WHEREOF, this Agreement is executed in San Diego Cünty, California as of the date first written above. DEVELOPER: - NEWPORT SHORES BUILDERS By • .• - onald 3. /Ayres, Jr/ - Title President .• • By Micheó/-3. Jager Title Secretary - DISTRICT: - CARLSBAD UNIFIED SCHOOL DISTRICT OF SAN DIEGO COUNTY CALIFORNIA • • By • A thorized Agent • RATIFIED BY GOVERNING BOARD: August 6, • , 1973 -7- • - - 4 1• - - / / - \J \ 20 i' ':.1t• ( El •H .; .)i • •,4 Vl~ • - I : I 0 L A b Os 140 T 32 ipA I I' I*1lI CITY OF CABAD 1200 ELM AVENUE • CARLSBAD, CALIFORNIA 92008 729-1181 RECEIVED FROM ADDRESS - A/c. NO. DESCRIPTION AMOUNT TOTAL II ki NEWPORT SHORES BUILDERS •: :, • . N2 2785 DRAWER . Huntington Beach, California 92648 . . 90•190 Iarch22 ,.. 19L6 1222 rT I TO • L 1OIDEROF s.Ly of Carls bad I. -D011ARS NEWPOSHORES BUILDERS • • SANTA ANA MAIN OFFICE / ,,/• UNITED CALIFORNIA 1018 NORTH MAIN STREET, SANTA ANA, CALIFORNIA • .:. • ':22E''09o': kE2 95EII' Endorsement of This Check by Payee, acknowledges Receipt in fuif of the folfowinaocçounts CESCRJPTION AMOUNT • .1 • - - CHARGE GROSS AMOUNT DISCOUNT PAYABLE