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HomeMy WebLinkAboutCT 82-05; Telescope Point; Tentative Map (CT)\ APPLI TION SUBMITTAL DATE: April^, 1982 STAFF REPORT DATE: August 11, 1982 TO: Planning Commission FROM: Planning Department SUBJECT: CT 82-5/PUD-39/V-337 - TELESCOPE POINT - Request for approval of a 64-unit tentative tract map and planned unit development, and a setback variance on two of the units on property west of Neblina Drive and south of future Tamarack Avenue in the R-A-10,000 zone. I. PROJECT DESCRIPTION The applicant is requesting two actions. The first is approval of a 64-unit tentative tract map and planned unit development to be built in two phases on property as described above. The second is a front setback variance for two of the units. The proposal involves the development of 64 single-family houses on a 26-acre site in the R-A-10,000 zone. The lot is irregularly shaped, topographically extreme, exists in an essentially natural state, and possesses a panoramic view of Agua Hedionda Lagoon. The proposed single-family homes generally run the length of a ridge bisecting the parcel lengthwise, affording excellent views to the majority of the units. From this ridge, the site slopes down moderately to steeply to the east and to the west. This slope becomes more extreme near the easterly and southerly boundaries of the site. As shown on Exhibit "A", these areas are to remain in natural open space. All of the proposed lots are split-level, the upper level of which corresponds to the street elevation. The majority of the units themselves will be bi-level which affords additional view corridors and helps minimize grading. Proposed lot sizes vary from 4800 square feet to 16,960 square feet. Access to the property is proposed from Neblina Drive to the east, connecting with High Ridge Avenue at the north end of the subdivision. Also, High Ridge Avenue will connect with Tamarack. No lots, however, will take direct access off Tamarack Avenue. Circulation within the project includes a private court and three private drives, which take access off the main north-south street (Street A). Toward the southwesterly boundary. Street A connects with future Skyline Drive. The proposed density for the project would be 2.5 du/ac, clustered on the buildable area of the site. The land use element of the general plan designates this site for residential development at 6-4 du/ac. The project is consistent with this range. II. ANALYSIS - CT AND PUD Planning Issues 1) Does the proposed project satisfy all design criteria and development standards of the P.D. Ordinance? 2) Does the proposed project address the environmental sensitivities of the site? 3) Is the proposed project compatible with surrounding develop- ment? Discussion This application is one of the first to be reviewed subject to the requirements of the new P.D. Ordinance. Although the P.D. Ordinance is not yet in effect, it has been approved by the City Council and will be effective prior to this project being considered by Council. The proposed project both meets the design criteria of the P.D. Ordinance and addresses the environmental sensitivities of the site. Areas of extreme topography and environmental sensitivity are to be left in natural open space. The project has generally been designed to minimize grading (split-level lots), maximize views and preserve open space (nearly 1/2 total area). Except for the two setback reductions (variance requests), the project also meets the development standards of the P.D. Ordinance. Sufficient visitor parking is provided by tandem (driveway) spaces with each unit. Additionally, the width of Street A can accommodate parking on both sides. A well-screened R-V storage lot is to be located adjacent to the common recreation area off High Ridge Avenue. This recreation area will include barbecues, picnic tables and a tot lot in a 13,500 square foot lawn area. Each lot also has its own private back yard. Surrounding development is similar in nature to this proposal. Single-family dwellings presently exist to the north, south and east and likely will eventually be constructed on the vacant lot to the west. Overall, staff believes the plan satisfies the requirements of the general plan and the P.D. Ordinance. III. ANALYSIS - VARIANCE Planning Issues 1) Are there exceptional or extraordinary circumstances applicable to the property that do not apply generally to other property in the vicinity? 2) Is this variance necessary for the preservation of a substantial property right denied the property in question? 3) Will this variance be materially detrimental to the public welfare? 4) Will this variance adversely affect the general plan? -2- Discussion The applicant is requesting a front setback variance on two of the units in this project. The two units are numbers 22 and 23 as shown on Exhibit "D". The requested reductions apply to the garages which front onto Street A. The request is to reduce the 20 foot setback to 18 feet and 19 feet, respectively. Excep- tional and extraordinary circumstances exist in this case because of the extensive undevelopable features of the site. As was previously mentioned, the site is dominated by moderate to steep slopes (elevations range from 315 feet to approximately 130 feet). As such, a good portion of the development is confined to a long ridge top which is to accomodate a linear street with houses on each side. The varying of setbacks helps create a better designed streetscape with meandering sidewalks and clustered trees, avoiding monotonously straight row houses. The variance is necessary for the preservation and enjoyment of a substantial property right, as nearby planned developments, in most cases, have not been encumbered by extreme topography and could provide substantial setback variation through more curvilinear streets. Street A in this project, along which the two variances are requested, is generally straight because of topographical constraints on each side. The granting of this variance will not be materially detrimental to the public welfare and will not adversely affect the general plan. It will not impact traffic circulation as the request is only for one and two-foot reductions in the requirement, which will continue to leave plenty of visual clearance and will create a more aesthetically pleasing development. Overall, staff can make the findings for support of a variance in this case. IV. ENVIRONMENTAL REVIEW The Planning Director has determined that this project has under- gone previous environmental review and, therefore, has issued a Notice of Prior Environmental Compliance, dated June 28, 1982. V. RECOMMENDATION It is recommended that the Planning Commission adopt Resolution No. 1998 recommending APPROVAL of CT 82-5/PUD-39 to the City Council, and adopt Resolution No. 1999 APPROVING V-337 based on the findings and subject to the conditions contained therein. ATTACHMENTS 1) PC Resolution Nos. 1998 and 1999 2) Location Map 3) Background Data Sheet 4) Disclosure Form 5) Environmental Documents 6) Exhibits "A", "B", "C" dated July 1, 1982, and Exhibit "D" dated July 8, 1982 PJK:kb -3- LOCSATION CASE NO.QT82-5/PUP-39 APPLICANT FONTANA/IVfUDGE VICINITY MAP BACKGR3UND DATA SHEET CASE NO: CT 82-5/PUD-39 APPLICANT: Fontana & Mudge REQUEST AND LOCftTICW: Tentative tract map and planned unit development to construct 64 single-family hones west of Neblina, north of Hillside, and south of Tamarack. LEGAL DESCRIPTION: A portion of Lot 1 of Rancho Agua Hedionda according to M^ 823 filed November 16, 1896. APN: 207 - 100 - 09 Acres 26 Proposed No. of Lots/Units 66 GENERAL PLAN AND ZC»IING Land Use Designation Rm Density Allowed 04 du/ac Density Prcposed 2.5 du/ac Existing Zone R-A-10 Proposed Zone N/A Surrounding Zoning and Land Use: Zoning Land Use North P-C Single-Family Res. South R-1-10 Single-Family Res. East R-1-A Single-Family Res. West R-1 (9500) Vacant PUBLIC FACILITIES School District Carlsbad Water Carlsbad Sewer Carlsbad EDU's 64 Public Facilities Fee Agreement, dated April 14, 1981 ENVIRO^MENTAL IMPACT ASSESSMENT E.I.R. Certified, dated January 5, 1982 If after tha xntonnatxon you nava sucmxti-cea xias oaan reviewed, it is determined, that further infonnati-m is required, you will be so ' Ivised- APPLiCiVNT: Ibntana & Mudge. Builders/Developers, a partnership Name (individual, partnership, joint venture, corporation, syndication) 4343 IVbrena Boulevard, Suite 6, San Diego, Califomia 92117 Business Address AGENT: 714-483-4880 Telephone Number Wesley Mudge Name MBHBESSt 4343 Morena Boulevard, Suite 6, San Diegp, Califomia 92117 Business Address 714-483-4880 Telephone Number - -• ' " Weslev Mudge, 2238 Del Mar Heiehts Rd.. Del Mar, CA. Name -(individual, partner, joint Eome Address venttire, corporation, syndication) 4343 Morena Boulevard, Suite 6, San Diego, Califomia 92117 Business Address 714-483-4880 714-755-1407 Telephone Nusiber Telephone Number William Pbntana 5323 Bothe Avenue, San Diego, CA Eome Address 4343 Morena Boulevard, Suite 6, San Diego, California 92117 3'asiness Address 714-483-4880-714-453-7721 Telephone Nuaber Telephone Nuober Provident Capital Cbrpor^tiQnj a Califomia corporation 9404 Genesee Avenue, Suite 120 la Jolla, Califomia 92037 Telephone: 714-457-3440 (Attach more sheets if necessary) I/He declare under panalty of perjury that the information contained in this dis- closure is true and correct and that it will remain true and correct and may be" relied upon as being true and correct until amended. Fontana & Mudge, Builders/Developers Applicant DEVELOPMENTAL SERVICES • Assistant City Manager (714) 438-5596 • Building Department (714) 438-5525 • Engineering Department (714) 438-5541 • Housing & Redevelopment Department 3096 Harding St. (714)438-5611 Citp of €avl&hats 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008 ^'U copy Planning Department (714) 438-6591 July 30, 1982 Fontana & Mudge Builders/Developers 4343 Morena Boulevard, Suite 6 San Diego, California 92117 SUBJECT: CT 82-5/PUD-39/V-337, Fontana/Mudge (Telescope Point) Preliminary Staff Report The preliminary staff report for the above referenced project has been completed. A copy of the report, including the recommenda- tion and conditions, is enclosed. This preliminary report will be discussed by staff at the Development Coordinating Committee (D.C.C.) meeting which will be held on August 3, 1982, beginning at 10:40 A.M. If you have any questions concerning the report, you may attend the D.C.C. meeting. If you need additional information concerning this matter, please contact the Planning Department at 438-5591. CITY OF CARLSBAD MICHAEL J. HOLZMILLER Land Use Planning Manager By c^7i iJtf)lmn/^/ Planning Depaptment / U MJH:kb Enclosure * -I DEVELOPMENTAL SERVICES • Assistant City Manager (714) 438-5596 D Building Department (714) 438-5525 • Engineering Department (714) 438-5541 • Housing & Redevelopment Department 3096 Harding St. (714)438-5611 ^^rtanning Department (714) 438-5591 June 18, 1982 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008 Citp of Carl£^bab FILE COPY xsTes Mudge 4343 Morena Blvd., Suite 6 San Diego, California 92117 Dear Wes: This letter is to confirm the information given to you at our meeting of June 16, 1982. The main street of your proposed project shall have a curb-to-curb width of 40 feet. City right- of-way shall end at the back of the curb. Although the sidewalks would be on private property, the developer would grant a public access easement to allow the public to use the sidewalks. Setbacks for all portions of the buildings other than the garages would be measured from the property line. All garages facing the street at a 90-degree angle should be set back at least 20 feet from the back of the sidewalk. You informed staff that a number of your units along the main street and on the private driveways did not comply with this requirement. You mentioned to staff that it may be possible for you to readjust the location of some of these units to conform with the required 20-foot setback for the garages. Staff mentioned that it may be possible to consider granting variances to allow some of the garages to have less than the required 20-foot setback from the back of the sidewalk. It was agreed that there would be no problem with allowing Hank Worley to proceed with the drafting of the tentative map for this project. Hank's tentative map v;ould show the 40-foot curb-to- curb street with any city right-of-way ending behind the curb and an access easement behind it for the sidewalk. Staff informed you that the revised Planned Development Ordinance would be presented to the City Council on July 6, 1982. Staff advised you to postpone making any changes on the site plan until June 18, 1982 Wes Mudge Page 2 after this meeting. Staff also informed you that the revised site plan could be submitted the week following the July 6th City Council meeting and your project could stay on the August 11, 1982 Planning Commission meeting. If you have any questions regarding this matter, please feel free to contact me. Sincerely, MIKE HOWES Assistant Planner MH:kb cc: Bill Hofman Dave Hauser Hank Worley DEVELOPMENTAL SERVICES Cl Assistant City Manager (714) 438-5596 D Building Department (714) 438-5525 O Engineering Department (714) 438-5541 • Housing & Redevelopment Department 3096 Harding St. (714)438-5611 arPlannirig Department ' (714) 438-5591 May 11, 1982 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008 Citp of tavlihah Wes Mudge 4343 Morena Blvd, Suite 6 San Diego, California 92117 Dear Wes: This letter is to confirm the information given to you during our meeting of May 6, 1982. The proposed revisions to the common recreation area are acceptable, if you place a baseball backstop at one corner of the field. A meandering sidewalk will be re- quired on both sides of the street. There shall be a minimum setback of 5' from the sidewalk for all structures. Garages shall be setback either 5' or 20' from all sidewalks. Street "A" shall have a curb-to-curb width of 40' and a 1' strip on each side shall be dedicated to the city to allow for curb maintenance. This will result in a 42' right-of-way. Individual property lines may come all the way out to the curb. An access easement shall be dedicated to the city encompassing the side- walks. This easement shall follow the back of the sidewalk. Both the sidewalks and the landscaping within this easement shall be maintained by the homeowners association. The sidewalk and the easement shall be shown on the tentative map. If you have any further questions please feel free to contact me. Sincerely, MIKE HOWES Assistant Planner MHrar cc: Steve Astrada DEVELOPMENTAL SERVICES • Assistant City Manager (714) 438-5596 • Building Department (714) 438-5525 D Engineering Department (714) 438-5541 O Housing & Redevelopment Department 309S Harding St. (714)438-5611 J3^lannlng Department (714) 43*5591 April 1, 1982 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008 Citp of Carl!EJbali Wes Mudge . • F & M and Associates 4343 Morena Blvd., Suite 6 San Diego, California 92117 RE: TELESCOPE POINT Dear Wes: This letter is to confirm the concerns expre.ssed by Mike Howes during your meeting with him on April 1 , 1982 in regards to Telescope Point. 1. You will need to apply for a variance to reduce the front yard setbacks. They shall be reduced in accordance with the standards of the new Planned Development Ordinance. 2. You will have to withdraw your application and reapply to avoid the one year deadline. If this was not done staff would have to recommend that the Planning Commission deny your project without prejudice at their next meeting. There will be no fee for this withdrawal and reapplication. 3. The sidewalk should meander, this along with clumping the landscaping will greatly improve the streetscape of the pro- ject. 4. The RV storage area can be reduced in size to 2560 square feet. A screening wall and landscape buffer should be built along its boundary to screen it from the existing resi- dences. V i Wes Mudge April 1, 1982 Page Two If Property lines should be at the top of slopes. All slopes ^ should be common property to be maintained by the homeowner s association, ; * 6. 7, Staff will need to know the height of all retaining walls. Staff and the applicant have concerns about the retaining walls that will be located behind lots 7-25. The applicant will work with the adjacent property owner to reduce the height of these walls. The walls will have a slump stone or split block finish. . 8, The applicant will continue to confer with the adjacent prop- erty owners concerning a lot line adjustment to address the Engineering Department's drainage concern. . If you have any questions regarding this matter, please feel free to contact Mike Howes. CITY OF CARLSBAD JAMES C. HAGAMAN Director of Planning i , By MICHAEL HOWES Assistant Planner JCH:MH:ar OlANA BUILDERS/DEVELOPERS April 1, 1982 Mr. Mike Howes City of Carlsbad Planning Department 1200 Elm Street Carlsbad. CA 92008 Reference: Dear Mike: Telescope Point DECEIVED APR 0 6 198^ CITY OF CARLSBAD Planni Hepa ent Pursuant to our conversation this morning we hereby request a withdrawal of our previous Application for Tentative Tract Map and PUD. Enclosed you will find a new application for this development. I believe you will find everything in order, please call. Sincerely, FONTANA & MUDGE, BUILDERS/DEVELOPERS By: MUDGE CORPORATION If not Wesley Mudge, President WM:prh End. 4343 Morena Boulevard. Suite 6, San Diego. California 92117 • (714) 483-4880 V (g(§llfllglb(§l(9l TOOfecdl g(g[h)@@[l d)og1hFO(gU 001 pine avenue CQrlsbodcolifornio 92006 729-9291 April 21, 1981 Reference: F & M and Associates (Provident Capital Corp./ Fontana & Mudge Builders) 99 Dwelling Units Ms. Mary Marcus, Chairperson and Members of the Planning Commission City of Carlsbad 1200 Elm Avenue Carlsbad, California 92008 Attention: Mr. James C. Hagaman, City Planning Director Gentlemen: Our district has reviewed the proposed subdivision containing 99 dwell- ing units to be known as Telescope Point generally located at the south end of Skyline Drive, as referenced above, and has evaluated the impact of that project on the facilities of this district. The governing board wishes to advise the city officials and the residents of Carlsbad that as residential units are added to the community, it is likely that many classes in the district will be crowded, resulting in possible impairment to the educational and transportational services offered to the students. It is also likely that school schedules may have to be changed, resulting in an increase in the year-round program, or double sessions, or both. However, the district is able to assure you that school physical facilities will be available concurrent with need for this develop- ment as it is presently proposed. Sincerely, Robert A. Crawford District Superintendent aw cc F & M and Associates c/o Fontana and Mudge ROBERT A. CRAWFORD DISTRICT SUPERINTENDENT BOARD OF EDUCATION THOMAS L. CURTIN, M.D. W.ALLAN KELLY JOHNJ.MAMAUX RICHARD R. O'NEIL, M.D. MARY A. SCHERR DEVELOPMENTAL SERVICES • Assistant City Manager (714) 438-5596 • Building Department (714) 438-5525 • Engineering Department (714)438-5541 • Housing & Redevelopment Department 3096 Harding St. (714) 438-5611 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008 Citp of Carlfltbab /Planning Department (714) 438-5591 PUBLIC NOTICE OF PRIOR ENVIPCMffiNTAL CCWIPLIANCE Please Take Notice: The Planning Department has determined that the environmental effects of the project described below have already been considered in conjunction with previously certified enviraimental documents and, therefore, no additional enviroimental review will be required and a notice of determination will be filed. Project Title: CT 82-5/PUD-39A-337 (TELESCOPE POINT) Project Location: 1/2 mile west of El Camino Real between Skyline Drive and Neblina Drive Project Description: Tentative map, planned unit developnent and variance for the construction of 64 single family residences Justification for this determination is on file in the Planning Department, City Hall, 1200 Elm Avenue, Carlsbad, CA. Conments from the public are invited. Please submit comments in writing to the Planning Department within ten (10) days of date of publication. Dated: June 28, 1982 Case No: CT 82-5/PUD-39/V-337 Applicant: TELESCOPE POINT Publish Date: June 30, 1982 MICHAEL J. mmmjm Land Use Planning Manager PC 1 DEVELOPMENTAL SERVICES • Assistant City Manager (714) 438-5596 • Buiiding Department (714) 438-5525 • Engineering Department (714) 438-5541 • Housing & Redevelopment Department 3096 Harding St. (714)438-5611 • Planning Department (714) 438-5591 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008 Citp of Carls(bab NOTICE OF DETERMINATIOyi County Clerk County of San Diego Attn: Mail Drop C-11 220 West Broadway San Diego, CA 92101 This is to advise that the City of Carlsbad on January 5, 1982, approved the following project: Project Description: An Environmental Inpact Report for a proposed Planned Unit Development (residential) for the 26 acre Fontana/Mudge property. A preliminary plan indicated that 76 single family lots are prc^x>sed for the site. Project Address/Location: 1/2 mile west of El Camino Real between Skyline Drive and Neblina Drive. The City made the following determinations regarding the environmental inpact of the above described project: 1. An Environmental Inpact Report was prepared for this project pursuant to the provisions of CEQA. A copy of the EIR with supporting document is available for public review at the Planning Department, City Hall, 1200 Elm Avenue, Carlsbad, CA 92008. DATE: April 2, 1982 CASE NO: EIR 81-2 APPLICANT: PDNTANA/MUDGE JAMES C. HAGAMAN Planning Director 1500 ELM AVENUE CABLSDAD. CALIFOFWIA 92003 Citp of Carli^Oab TELEPHONE: (714) 729-1181 County of San Diego 220 West Broadv;ay San Diego, CA 92101 NOTICE OF DETQIMIRMION 1416 Ninth Street Room 1311 Sacramento, CA 95814 This is to advise that the City of Carlsbad on approved the following project: • Project Description: S^ -i/; ;tl^-- ^ Px^, •Project nddress/Location: <^aol^iafcZ^ b^"' f^xj^ Tlie City made the follov.-ing detenninations regarding the environmental impact of the above described project: ; 1. .The project 2. ^viU, ^vill not, have a significant effect on the cnvironir.cnt. y^^^CjKn Environmental Impact Report was prepared for tliis project pursuant to tJic provisiojis of CEQA. 3. Mitigation measures wcrc;^ the a])proval of the project. A statement of Overriding Considerations adopted for tliis project. * Kere not, made a condition of \v'as not, vas, TIic IVojcct Kent throui^h prior ciiviroiinicntnl review or was part of a larger project wliJch went tiirough prior cnviroiuncntal review. NOTICE OF DETCHMIMTION (Continued) A copy of the Negative Declaration EIR with supporting document •is available for public review at the Planning Department, City Hall, 1200 Elm Avenue, Carlsbad, CA 92008, . • . . DATE: I - CASE NO: E (R 8( SIGNED: APPLICANT: J^ervtj J/vblES C. R^VGA^-IAN .Planning Director City of Carlsbad DEVELOPMENTAL SERVICES • Assistant City Manager (714) 438-5596 • Buiiding Departnfient (714) 438-5525 • Engineering Department (714) 438-5541 • Housing & Redevelopment Department (714)438-5611 • Planning Department (714) 438-5591 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008 Cttp of Car(£(bab PUBLIC NOTICE OF PREPARATION PLEASE TAKE NOTICE: The Planning Department of the City of Carlsbad intends to prepare a Environmental Impact Report for the following project: Project Description: See Attachment Project address/Location: 1/2 mile west of El Camino Real between Skyline Drive and Neblina Drive in the City of Carlsbad. Anticipated significant impacts: See Attachment We need to know your ideas about the effects this project might have on the environment and your suggestions for ways the project could be revised to reduce or avoid any significant environmental damage. Your ideas will help us decide what Issues to analyze in the environmental review of this project. Your comments on the environmental impact of the proposed project may be submitted in writing to the Planning Department, 1200 Elm Avenue, Carlsbad, CA 92008, no latej:_j3han June 1 DATED: April 23, 1981 CASE NO: PUD-Pontan a^Mudge APPLICANT: Pontana/Mudge PUBLISH DATE: April 25, 1981 JAMES C. HAGAM, Planning Dire CJd NOTICE OE PREPARATION POR PONTANA/MUDGE PROJECT LOCATION The proposed Planned Unit Development (residential) for the 26 acre Pontana/Mudge property is located approximately .5 miles west of El Camino Real, between Skyline and Neblina Drives (maps attached). The property is situated approximately one mile from the Pacific Ocean and .25 miles north of the Agua Hedionda Lagoon. The subject property is higher than most of the adjacent properties with excel- lent views of the mountains, lagoon and ocean. Surrounding land use consists of residential development to the north, south and east. Development of the property will require the Planned Unit Devel- opment application. A preliminary plan indicates that 76 single family lots are proposed for the site. Primary access to the property will be from Skyview Drive, a collector street of a secondary arterial (Tamarack). PROBABLE ENVIRONMENTAL EPPECTS OP THE PROJECT The following environmental effects are being considered for inclu- sion in an environmental impact report currently being prepared for this project: 1) Archaeology - Several known sites exist in close proximity to the site. 2) Topography and Visual Aesthetics - Elevations range from approximately 225 feet (ASLj to 285 feet (ASL). The proposed project will involve some modification of the site. Visual impacts could have both short and long term effects. 3) Drainage - Grading on the site may have an adverse impact by allowing sedimentation to reach the Lagoon or neigh- boring properties. 4) Traffic - The project may have some impact on adjacent local streets. 5) Biology - Some of the property is still in its natural state. Questions and comments concerning the above project should be directed to Charles Grimm, Planning Department, City of Carlsbad, 1200 Elm Avenue, Carlsbad, CA 92008, or phone (7U) 438-5591- Carlsbad Journal Decreed A Legal Newspaper by the Superior Court of San Diego County 3088 PIO PICO AVENUE • P.O. BOX 248 • CARLSBAD, CA 92008 • 729-2345 Proof of Publication STATE OF CALIFORNIA, js. COUNTY OF SAN DIEGO, I am a citizen of the United States and a resident of the county aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am prmcipa I clerk of the printer of the Carlsbad Joumal a newspaper of general circulation, published twice weekly in the City of Carlsbad, County of San Diego, State of California, and which newspaper is published for the dissemination of local news and intelligence of a general character, and which newspaper at all times herein mentioned had and still has a bona fide subscription list of paying subscribers, and which newspaper has been established and published at regular intervals in the said City of Carlsbad, County of San Diego, State of California, for a period exceeding one year next preceding the date of publication of the notice hereinafter referred to; and that the notice of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: PUBLIC NOTICE OF PREPARATION PLEASE TAKE NOTICE: The Planning Department ofthe City of Carlsbad intends to prepare an En-' vfronmental Impact Report for the following project: Project Description: Planned Unit Development. Project Address/Location: VS mile west of El Camino Real between Skyline? Drive and Neblina Drive in the City of Carlsbad. Anticipated Signifi- ' cant Impacts: 1) Archeology 2) • Topography and Visual Aesthetics 3) Drainage 4) TrafTic 5) Biology. We need to know your ideas about, • the effects this project might have on the environment and your sug-;. gestions for ways the project could 1 be revised to reduce or avoid any } significant environmental damage. 1 Your ideas will help us decide what <f issues to analyze in the environ- mental review of this project. Your comments on the environ- mental impact of the proposed project may be submitted in writing to the Planning Department, 1200 Elm Avenue, Carlsbad, CA 92008, no later than June 1,1981. Dated: April 23,1981 Case No: PUD-Fontana/Mudge Applicant: FONTANA/MUDGE JAMES C HAGAMAN Planning Director CJ S338: April 25, 1981 April .25 19.81, 19 . 19 19 19. lM/1/81 I certify under penalty of perjury that the foregoing is true and correct. Executed at Carlsbad. County of San Diego, State of California on the 25th day of April 1981 i Clerk of the Printer Carlsbad Journal Decreed a Legal Newspaper by the Superior Court of San Diego County 3138 ROOSEVELT ST. • P.O. BOX 248 • CARLSBAD, CA 92008 • 729-2345 Proof of Publication RECEIVED JUL 1198a STATE OF CALIFORNIA, 55. COUNTY OF SAN DIEGO, CITY OF CARLSBAD Planning Department I am a citizen of the United States and a resident of the county aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am princi pal clerk of the printer of the CaMsbad Joumal a newspaper of general circulation, published twice weekly in the City of Carlsbad, County of San Diego, State of California, and which newspaper is published for the dissemination of local news and intelligence of a general character, and which newspaper at all times herein mentioned had and still has a bona fide subscription list of paying subscribers, and which newspaper has been established and published at regular intervals in the said City of Carlsbad, County of San Diego, State of California, for a period exceeding one year next preceding the date of publication of the notice hereinafter referred to; and that the notice of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: PUBLIC NOTICE OF PRIOR ENVIRONMENTAL COMPLIANCE PLEASE TAKE NOTICE: The Planning Department has deter- mined that the environmental effects ofthe project described be- low have already been considered in conjunction with previously cer- tified environmental documents and, therefore, no additional en- vironmental review will be re- quired and a notice of determina- tion will be filed. Project Title: CT 82-5/PUD-39/V- 337 (TELESCOPE POINT). Project Location: \i mile west of El Camino Real between Skyline Drive and Neblina Drive. Project Description: Tentative map, planned unit development and variance for the construction of 64 single family residences. Justification for this determina- tion is on file in the Planning De- partment, City Hall, 1200 Elm Ave- nue, Carlsbad, CA. Comments from the public are invited Please sub- mit comments in writing to the Planning Department within ten (10) days of date of publication Dated: June 28, 1982 Case No: CT 82-5/PUD-39A'-337 Applicant: TELESCOPE POINT MICHAEL J. HOLZMILLER Land Use Planning Manager CJW338: June 30, 1982 •June .30.. 19. .82 19. 19, 19 19 I certify under penalty of perjury that the foregoing is true and correct. Executed at Carlsbad, County of San Diego, State of California on the 30th day of June 1982 2M-4/82 Clerk of the Printer Carlsbad Journal Decreed a Legal Newspaper by the Superior Court of San Diego County 3138 ROOSEVELT ST. • P.O. BOX 248 • CARLSBAD, CA 92008 • 729-2345 Proof of Publication RECEIVED STATE OF CALIFORNIA, js. COUNTY OF SAN DIEGO, AUG 0 5198? CITY OF CARLSBAD Planning Department I am a citizen of the United States and a resident of the county aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am principal clerk of the printer of the Csrlsbad Joumal a newspaper of general circulation, published twice weekly in the City of Carlsbad, County of San Diego, State of California, and which newspaper is published for the dissemination of local news and intelligence of a general character, and which newspaper at all times herein mentioned had and still has a bona fide subscription list of paying subscribers, and which newspaper has been established and published at regular intervals in the said City of Carlsbad, County of San Diego, State of California, for a period exceeding one year next preceding the date of publication of the notice hereinafter referred to; and that the notice of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Planning Commission of the City ofCarlsbad will hold a public hearing at the City Council Cham- bers, 1200 Elm Avenue, Carlsbad, California, at 7:00 p.m. on Wednes- day, August 11, 1982, to consider approval of a tentative tract map and planned development for 64 single family residences (a setback variance for 4 of the units is re- quested) on 26 total acres with approximately 50% ofthe area to be retained in open space on property generally located Vi mile west of El Camino Real between Skyline Drive and Neblina Drive and more particularly described as: A portion of Lot "I" of Rancho Agua Hedionda, according to Map No. 823, filed in San Diego County on November 16,1896. Those persons wishing to speak on this proposal are cordially in- vited to attend the public hearing. If you have any questions, please call the Planning Department at 438-5591. Case File: CT 82-5/PUD-39 Applicant: FONTANA/MUDGE CITY OF CARLSBAD PLANNING COMMISSION CJ S224: July 31, 1982 July .31... 19.82 19 19 19. . 19 I certify under penalty of perjury that the foregoing is true and correct. Executed at Carlsbad, County of San Diego, State of California on the ^1st of - -day of July 1982 Clerk of the Printer NOTTC TCE OF PUBLIC HEARING 6tV NOTICE IS HEREBY GIVEN t±at the Planning Conmission of the City of Carlsbad will hold a public hearing at the City Council Chan±)ers, 1200 Elm Avenue, Carlsbad, Califomia, at 7:00 p.m. on Wednesday, August 11, 1982, to coisider approval of a tentative tract map arri planned development for 64 single family residences (a setback variance for 4 of the units is requested) on 26 total acres with approximately 50% of the area to be retained in open space on prc^rty generally located 1/2 mile west of El Camino Real between Skyline Drive and Neblina Drive and nore particularly described as: A portion of Lot "I" of Rancho Agua Hedionda, according to Map No. 823, filed in San Diego County on Novenber 16, 1896. Hiose persons wishing to speak on this prcposal are cordially invited to attend the public hearing. If you have any questions please call the Planning Departiment at 438-5591. CASE FILE: APPLICANT: PUBLISH: cr 82-5/PUEH39 PONTANA/MUDGE July 31, 1982 CITY OF CARLSBAD PLANNING COPMESSICN CASE NO.CT82::5/PUD::39 APPLICAN T f.QNJANA/fV5UPGE AGO ft VICINITY MAP ^^ICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Carlsbad will hold a public hearing at the City Council Chambers, 1200 Elm Avenue, Carlsbad, Califomia, at 7:00 p.m. on Wednesday, August 11, 1982, to consider ^proval of a tentative tract map and planned development for 64 single family residences (a setback variance for 4 of the units is requested) on 26 total acres with ^proximately 50% of the area to be retained in open space on property generally located 1/2 mile west of El Camino Real between Skyline Drive and Neblina Drive and more particularly described as: A portion of Lot "I" of Rancho Agua Hedionda, according to lyiap No. 823, filed in San Diego County on November 16, 1896. Those persons wishing to speak cn this prcposal are cordially invited to attend the public hearing. If you have any questions please call the Planning Department at 438-5591. 6lA CASE FILE: APPLICANT: PUBLISH: CT 82-5/PUD-39 PONTANA/MUDGE July 31, 1982 CITY OF CARLSBAD PLANNING COMMISSION LOCATION!! MAP CASE NO.CT82::5/PUP::39 APPLICAN T FQNXMA/I^UDGE AGO ft MEDIO f/oA. VICINITY MAP. CASE NC: CT 82-5/PUD-39 DAIE RECEIVED: April 8, 19 82 SEE: V-337; CT 81-14/PUD-32 APPLICiANT: TELESCOPE POINT (MONTANA/FUDGE) iJEQU.EST: 64 single family homes on 26 acres w/rec. area & rec. vehicle storage area S21PT OR EXCEPTED: Posted: j^P,^ Filed: NEGATIVE DECIAE^ION: J^^!VIBO^:MBN^mL IMPACT REPORT: Notice of Preparation: Prior Compliance: Published: NotJ.ce of Completion: Published: r^'4P>C) O. Filed: ?r-l$9^ Notice of Determination: Notice of Determii-iation: 'LANNING OOJ-iMISSION 1. Data of Hearing: [j-'R^ 2. Publication: ^ I ~ ^ Motica to Property O^vners: 1' Qi^l - Sd- Hesolution No. /99? 4 /999 (Cca-cinuea to: : c:o:;ciL Date of Hearing: 9 ~ ^ ^ Notices to City Clerk: 3' Agenda Bill: 7/ elation Nc. </9^P-jrT999~~^ ^O' Ordinance No. Date: n-2/1 ACTION: ft^pepunh Date: Date: 3/x/ls^ ACTION :SISS?GNDI3\!CE Staff ?feport to Applicant: =olution to Applicjint: REQUEST • Zone Change • General Plan Amendment Tentative Tract Map ^S^Planned Unit Development ''^D Major Condominium Permit • Minor Condominim Permit • Master Plan • Major Condcmini'um Conversion • Precise Development Plan • Specific Plan • site DevelopiTient Plem • Conditional Use Pennit iS^ariance ^ • Planning Conmission Determinati.on • Soecial Use Pcrndt O Administrative Variance Complete Description of project (attach additional sheets if necessary) 64 single family homes on 26 acres with fifty percent of land left in open space. Recreation area with one tennis court, one small basketball court, recreational vehicle storage area. Location of Project West of Neblina, south of Tamfl.rap.k, nnrth nf Hi 11 .csi de Drivp. Legal Description (conplete) See attached. Assessors Parcel Wurnber 107-10-100 Zone R-l-lO General Plan 4 units/acre Existing Land Use Vacant Proposed Zone Planned Development Proposed General Plan Site Acreage 26 acres 0^/ner Applicant Name (Print or Type) F & M and Associates Name (Print or Type) Pbntana & Mudge, Builders/Developers Mailing Address 4343 IVbrena Blvd., Siiite 6 Mailing Address 4343 MDrena Blvd., Suite 6 City and State Zip Telephone San Diego, CA 92117 483-4880 City and State Zip Telephone San Diego, CA 92117 483-4880 I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE INFORMATICN IS TRUE AND CORRECT TO THE BEST OF MY KNtt'ILEDGE SIGNATURE f}1,Aip^,£^a<.-^ f 0=1^. I CERTIFY THAT I AM TEIB a\?NER'S REPRESENTIVE At!) THAT AU^ TIIE ABOVE INFORMATION IS IRUE AND C0RREX:T TD THE BEST OF MY KNOl'TLEDGE SIGNATURE DATE .Rfeoeivod By Fees .RGce.i-',''ed ! Receipt Nb. .Dats i-ipplication Received Staff AssiOiiecl Case 'Nui'; V. C-^fTPPLEMENTAL INFORMATION F0Rt4 • VARIANCE Request variance - reduction in front yard set-backs on sone lots in a 64-\init PPD. 1) Gross Acres (or square footage, if less than acre) 26 2) Zone ^ fi- 3) General Plan Land Use Designation 4 units/acre residential 4) By law a Variance may be approved cnly if certain facts are found to exist- Please read these reqiiiremaits carefully and explain how the proposed project meets each of these facts. Ifee additicnal sheets if necessary. a) Explain wliy there are excepticnal or extraordinary circumstances or ccnditicns applicable to the property or to the intended use tlat do not apply generally to the other property or class" of use in the same vicinity and zcne: Tliis request for variance must be viewed as a part of the overall design criteria for a 64-unit planned developnent. The varying of set-backs will help create a better designed street scene. It is not being requested to help solve one problem on one lot but in a balanced overall planning attoiyt that will create a more desirable conminity. We are design- ing our project to reduce grading and preserve open space. By granting this varianceTt will give us the necessary flexibility to create a more pleasing street scene with meandering side- walks and clustering of trees instead of a strai^t row of hotises. b) Explain why such variance is necessary for the preservaticn and enjoyment of a substantial property right possessed by otiier property in the same vicinity and zone but which is denied to the projerty in question t 1. It will help create, a mpre beautiful street scene. 2. It is not one lot problen solver, but an overall planning tool. 3. Planned development needs more flexibility in dealing with special planning problems, in this case topography. ' c) Explain wly the granting of such variance \Jx\X not be materially detriitiental to the public welfare or injurious to the property or jxnprovanents in such vicinity and zone in which the property is located 1. Increase propertv values as a result of better planning. 2. A more aesthetically pleasing development. d) Explain why the granting of such variance will not adversely affect tte cQtipjcehensiva general plan: The general plan does not address zoning required set-backs. It is still residential iise at below general plan requiranents for density. STATEMENT OF AGREEMENT TENTATIVE SUBDIVISION IlAP CITY OF CARLSBAD The Subdivision Map Act and the Carlsbad Municipal Code sets a fifty (50) day time restriction on Planning Commission processing of Tentative Maps and a thirty (30) day time limit for City Council action. These time limits can only be extended by the mutual concurrence of the applicant and the City. By accepting applications for Tentative Maps concurrently V7ith applications for other approvals which are prerequisites to the map; i.e.. Environmental Assessment, Environmental Impact Report, Condoxniniiiin Plan, Planned Unit Development, etc., the fifty (50) day time limits and the thirty (30) day time limits are often exceeded. If you wish to have your application processed concurrently, this agreement must be signed by the applicant or his agent. If you choose not to sign the statement, the City will not accept your application for the Tentative Map until all prior necessary entitlements have been processed and approved. The undersigned understands that the processing time required by the City may exceed the time limits, therefore the undersigned agrees to extend the time limits for Planning Commission and City Council action and fully concurs with any extensions of time up to one year from the date the application was accepted as complete to properly review all of the applications. -^y^l<r4 /n^^ ignature C ^ / ^ ' ^ / Date ' ^ ^ ame (Print) / Name (Print) f Relatj.i&ftship Lo -?spplication atj,Qftship Lo -?spplicatio: /tProperty Owner^gent) FORJ-1: PLANNING 37. RKVIRRn '^/RO pian 1 • ^wnhill piaii 2^ o o • playrm I dowftiH plan 2 2031 d |[rf8f1 3 downhill pian 3 • front elevation a b entry elevation plan a