HomeMy WebLinkAbout1974-11-06; City Council; Resolution 3536D 1d a
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RESOLUTION NO. 3536
A RESOLUTION OF THE CITY COUNCIL F THE
CITY OF CARLSBAD, CALIFORNIA, ANNOUNCING FINDINGS AND DECISION REGARDING CHANGE OF ZONE FROM RD-M TO R-P (ZC-146) ON PROPERTY GENERALLY LOCATED ON THE SOUTH SIDE OF COSTA DEL MAR ROAD BETWEEN EL
CAMINO REAL AND ESTRELLA DEL MAR ROAD. APPLICANT: LA COSTA LAND COMPANY .-
WHEREAS, on October 8, 1974, a duly advertised public hear-
ing was held before the Planning Commission in the manner pre-
scribed by law to consider a change of zone from RD-M to R-P, as
shown on the map marked ZC-146, Exhibit A, dated September 26, 1971
on file in the Planning Department and incorporated by reference
herein, on property generally located on the south side of Costa
Del Mar Road between El Camino Real and Estrella Del Mar Road,
more particularly described as:
All of Lot 3 of La Costa Condominium No. 4 in the City of Carlsbad, County of San Diego, State of Cali- fornia, according to Map No. 6520 on file in the
office of the San Diego County Recorder;
and
WHEREAS, at the conclusion of said hearing the Planning
Commission of the City of Carlsbad adopted Resolution No, 1104
recommending said zone change which is herewith referred to and
made a part hereof; and
WHEREAS, on the 6th day of November , 1974, the City
Council held a public hearing on the matter, received all recom-
mendations and heard all persons interested in or opposed to the
proposed change of zone; and
WHEREAS, the Planning Director has determined that said
chanqe of zone will have a nonsignificant impact on the environ-
ment,and a Negative Declaration has been prepared and filed in
satisfaction of the requirements of the City of Carlsbad Environ-
mental Protection Ordinance of 1972 and the California Environmen-
tal Quality Act;
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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. 1104 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 meeting of the City
Council on the 6th day of November , 1974, by the follow-
ing vote, to wit:
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AYES: Councilmen Frazee, Chase, McComas, Lewis and Skotnick
ATTEST :
(SEAL)
2.
LEGAL DESCRIPTION FOR C.U.P. 83
P.C. RES. 919, CARLSBAD RACEWAY
S 1/2 of NW 1/4 and SW 1/4 of NE 1/4 all in
Section 18 T. 12 S.R. 3 W., S.B.'B.M., being
Assessor's Parcels 2, 3 and 22 of Book 221,
Page 010 of the Assessor's Map of San Diego
County.
EXHIBIT XI''
CUP 83
1. A fully actuated traffic signal at the intersection of
the main entrance at Palomar Airport Road at such time
as the City Engineer deems necessary for traffic safety.
All construction shall conform to City standards at time the
work is done.
Exhibit Irf3''
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CITY OF CA3LS3AD
1200 Eln Avenue
Carlsbad, California 92038 Docucentary Transfer Tax$ -0-
MAIL TAX BILL TO Conveyed,
omer Named on Line 7 at
Address Named on bine 8
- Computed on Full Value of Property
- Or Computed on Full Valuc Less Lie
and Encurnbrances Remaining at Time
City of Carls Firin Name
Rube1 I1 II of
Belson 'I II
OWNER: - . ,
ADDRESS: 3311 Starline Drive, Rolling Hills, CA
DATED :
90274
PARTIES: The parties to this agreement are the City of Carlsbad,
a municipal corporation of the State of California, hereinafter
referred to as CITY; and the person or persons mentioned on Line 7
of Page 1 hereof, hereinafter referred to as OWNER, without regard
to numbex or gender.
COVENANTS: It is mutually agreed by the parties hereto as follows
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CITY hereby approves the cup 83, "North of Palomar Airport
Road and East of El Camino Real, Assessor's Parcel #221-05-0 03 and 22"
on that certain real property, warranted by OWNER to be
wholly owned by him, described on Exhibit A, attached hereto
and by this reference incorporated herein. Also shown for
convenience sake on Attachment A, attached hereto and made
hereto and by this reference incorporated herein,
Upon written demand therefor by CITY, addressed to OWNER at
the address mentioned on Line 8 of Page 1 hereof, OWNER shall
forthwith, at OWNER'S sole cost and expense, prepare plans
and specifications, approved by CITY, for the construction
Exhibit "A" to xesolution - 1-
No.
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of said pGblic improvements W -
, and shall then forthwith construct said public
improvements according to said plans and specifications,
to the approval of CITY. The demand by CITY mentioned in
this paragraph may, at CITY'S sole discretion, demand sai'd
work as to all said improvements on all said property, or
as to any portion thereof, and the failure by CITY to demand
said work as to any of said improvements shall not constitute
a waiver by CITY of its continuing right to demand such work
in the future.
In the event title to said property or a part thereof is sold,
the herein stated obligation shall automatically also become
the obligation of the new owner.
In the event OWNER fails to act as required in paragraph 3
above, after written demand therefor by CITY, CITY may perforn
CXNE,~'S said obligations ar2 G~zER shall upr, writter: dema3d
therefor, reimburse to CITY its costs therefor,
This agreement shall be binding upon and inure to the benefit
of the heirs, successors, assigns, and successors in interest
in said real property, shall run with said real property, and
shall create an equitable servitude upon said real property.
CITY OF CARLSBAD, A Municipal
Corporation of the State of California
A
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO ) ) ss .
On this day of , in the year r
before me, , a Notary Public ih and for
the State, personally appeared , known to me
to be Mayor of the City of Carlsbad, California, and known to me
to be the person who executed the within instrument on behalf of
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TO 449 CA (5-733
(Corporation)
said public corporation, agency 01: political subdivisioz, and
acknowledged to me that such City of Carlsbad, California execute(
the same.
I~ITNESS my hand and official seal.
Sandru Investment Co.
Larry Grf%mer, Secretary Bels& -Investment Co. -
STATE OF CALIFORNIA )ss,
COUNTY OF GiW&+D€ CniJBZUAt. T) rfJo
a Notary
STATE OF CALIFORNIA } ss. ATlCOR COMPANY
TO 449 CA (5-73) ., (Corpcrnticn!
1 I,
1; Ii COUNTY OF-Go i
) ss. STATE OF CALIFOKNIA
TITE INSURANCE AND TRUST
A::COR COMPANY
Oct. 1, 1974 before me, the undersigned, a Notary Public in and for said
State, personally appeared ~ Tarry GriSrEr 1
Secretary of the corporation that executed the within Instrument,
w known to me to be the &EHMptramd t On
E xkmX”KRKRh known to me to be the persons who executed the within Instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its bylaws or a resolution of its board of directors.
WITNESS my h2:d and official seal.
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! Sigcature
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rev R. Fontame Name (Type2 or Printed)
(This area for aRicial notarial seal)
: person&
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