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HomeMy WebLinkAbout1972-07-24; City Council; 814; Request for approval of zone changeTHE C'*Y OF CARLSBAD, CALIFORNIA-^?' /""^ Agenda Bill No. tf / */ Date July 24. 1972 Referred To: City Council Subject: APPEAL - Request for approval of a Submitted By: ~ zone change from R-l-10,000 to C-l, R-3, & R-l-6,000 and adoption of a Tentative Map on property located Planning Commissior on. the easterly side of El Camino ReaT and on the- & Department southerly side of Highway 78. Applicant: _ Challenge - ; _ __ _ Builder, Inc. Statement of the Matter * The Planning Commission, at their regularly scheduled meeting of June 27, 1972, unanimously denied a request for change of zone from R-l-10,000 To C-l, R-3, and R-l-6,000 and adoption of a tentative map on property located on the easterly side of El Camino Real and on the southerly side of Highway 78. . Reasons for denial were as follows: 1. See Reasons of denial as listed in Resolution No. 798 for Tentative Map for Carlsbad Villas, Carlsbad Tract 72-6 2. See Reasons of denial as listed in Resolution No. 797 for change of zone on subject property. The documents itemized below complete this application for your further review and hearing. Exhibit 1 - Applications for zone change and tentative map 2 - Staff Report3 - Resolutions No. 798, 797, announcing findings & decisions 4 - Department Sketch • 5 - Applicant's Exhibits . Staff Recoremendat ions Staff recommendations for denial are more completely outlined in referenced staff report. AH No. . Date, City Manager's Recommendation Counci1 Action ' • 8-1-72 -At the request of the Attorney representing Challenge Builders, the Public Hearing on the appeal of the Planning Commission decision.was deferred to August 15, 1972. 8-15-72 Following the Public Hearing, the appeal of Planning Commission .. / decision denying a zone change, Resolution #2067 denying the appeal was adopted. Resolution #2068 ap'orovinga tentat-ive map was adopted. -2- JNb^PUCTIONS, TO APPLICANT: "- APPLICATION FOR CHANGE OF ZONE . ' ' — . *~~ 1. Complete Parts A,B,C,D ant. E. Submitted co the Carlsbad City 2.'Filing Fee $100.00 plus $5.00 for each Planning Commission , additional lot or parcel. Date Received ^/-^ &2/~ ?*"—' 3. Make check payable to City of Carlsbad. Date of Hearing 4* Information to be type written. \ .• ' •' •\ • ,- PART A • GENERAL INFORMATION " ' Name of Applicant Challenge Builders, Inc. Telephone 71^-757-3237 Applicant's Mailing Address P.O., Box 27&, -San Luis Rey, Calif. 92068 -% Location of Property by Street Vista Way Highway 78, 2000 feet Easterly of El Camino Real 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 is requested. Attached PART C p : REQUEST Change of Zone from R-l-10,000 to C-l, R-3, R-1-60QQ PART D MAP ' • £0 (AND A SEPIA)Attach to this application £&ft 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 is-requested; names and widths of bordering streets; location and width of alleys and/or easements. PART E • ''• APPLICANT'S STATEMENT XAttach 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? • see attached sheet 2. 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? - See attached sheet ' 3. --Would the uses pcrr. xtterl by the proposed zone be detrimental i° anY way • " .to ;surrouncling property — \_. 4. What were the original deed 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). : " A No. on Map Name Address Lot Block Trac-i -2- We, the undersigned property 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 • . - - ~A OWNER'S AFFIDAVIT STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) CITY OFJ5AA/ fllS^Q ) SS being duly sworn, depose and say that I (we)I, (we), H. O 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 my (our) ability, presents an argument D*ln 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 jaelief./ / ^ Telephone Number /3J-- ^3 SignedjX, Mailing Address:_ cribed and sworn to before me this 3^.y day of O Filing Clerk or Notar^\ Public This is to certify that the foregoing application has been inspected by me and found to be complete and acceptable for filing with the City Planning Commission. Receipt No. l/f\ For the City Planning 06mmission -3- Filing date: Fees paid: APPLICATION FOR APPROVAL OF TENTATIVE MAP PROPOSED NAME OF SUBDIVISION: Carlsbad Villas GENERAL LOCATION: Vista Way Highway ?8, 2000 feet Sast of El Camlno Real TOTAL ACREAGE:NUMBER OF LOTS:83 MINIMUM LOT AREA (SQ.FT.):10.OOP MINIMUM FRONTAGE (FT.): TYPE OF SUBDIVISION (Residential, Commercial, Industrial)Residential PRESENT ZONE: H-l-10,000 PROPOSED ZONE: H-l-10,000 NAMES OF NEW STREETS PROPOSED:see attached PRE-FILING CONFERENCE HELD (DATE): April 3T 1Q72 REGISTERED CIVIL ENGINEER, ARCHITECT, OR SURVEYOR WHO PREPARED MAP: Richard J, Toal • RGB_._3>JP_5_ Name Title Address THE FOLLOWING MODIFICATIONS TO THE ZONING OR SUBDIVISION REQUIREMENTS ARE HEREBY REQUESTED (Give reasons for modifications; attach separate sheet if additional space is required): None OWNERf^OF .PROPER - -Y2.-z.-2.VCVl Name Address P. 0. $OX 278, SAN LUIS REY, CALIF. 92068 SUBDIVIDER: CHALLENGE BUILDERS, INC._____ This application will be filed with ?0 blue line prints and 1 brown line transparency of the tentative map, prepared according to the specifications of Ordinance No. ^050 and amendments thereto, together with the supplementary information and fees required by said ordin- ance;. ENGINEER'S DESCRIPTION Tentative Tract Carlsbad, California Conunencing at the Northwest corner of Rancho Agua Kedionda in the County of San Diego, State of California; thence S 30°30'00" W, along the Westerly line thereof 321.42 feet; thence S 85°35'00" E, l6.?0 feet; thence S 30°30'00" E, 471.96 feet; thence S 40°29'04" E, 308.00 feet; thence S 24°06'06" E, 424.28 feet to a point on a non tangential curve, concave Southeasterly, a radial through which bears S 05°47'33" E, which is THE TRU3 POINT 0? BEGINNING; thence along the aforementioned curve having a radius of 1958.00 feet, through a central angle of 2°50'19"» and along an arc of 97.01 feet; thence tangent to said curve N 87°02'46" E, 259.14 feet to a point on a tangent curve concave South- westerly having a radius of 1158.00 feet, through a central angle of 4l°35'12", and along an arc length of 840.50 feet to a point of reverse curve concave Northeasterly having a radius of 1242.00 feet, through a central angle of 21°48I30II ( and along an arc length of 472.74 feet; to a point of reverse curve concave Southwesterly, through a central angle of 23°10'52", and along an arc length of 468.51 feet to a point a radial line through which bears S 40°00'l6" W; thence 5 16°07I10" W, 766.22 feet; thence N 58°59'48" W, 1788.76 feet; thence N 24° 06'06" W, 532.32 feet to the true point of beginning. STAFF' REPORT/MEMORANDUM -JUNE 13, 1972 TO: . PLANNING COMMISSION FROM: CITY MANAGER SUBJECT: APPLICATION FOR APPROVAL OF A TENTATIVE MAP ON PROPERTY LOCATED 2000 FEET EASTERLY OF EL CAMINO REAL AND SOUTHERLY OF HIGHWAY 78 APPLICANT: CHALLENGE BUILDERS, INC. Report submitted by: City Manager, Fire, Building, Engineering, Parks & Recreation and Pin. Departments General Discussion: ^ The applicant proposes to develop eighty-three (83) single family dwelling units (10,000 square-foot lots) on that portion of land adjacent to the southerly perimeter of Buena Vista Creek and flood plain. The property is presently zoned R-l-10,000 and recommended General Plan densities reflect 3-7 units per acre. Water and sewer service is adequate to serve the project. Provisions for access to the development are inadequate. There is only one road (Haymar Drive) into the development and its design is not conducive to east and west traffic flow from El Camino Real to the development. Excessive street grades (as high as 20%) are proposed for internal circulation in the project. Improvement of Marron Road is proposed by the developer, however; this improvement is proposed to occur with the development of that property proposed for rezoning and not with the tentative map. Dominant topographic features of the area are the Buena Vista Creek flood plain lying at the base of and contiguous with the land proposed for development, and predominant slopes on the land itself. Preparation of the land for development of streets and lots will require substantial grading, cut and fill and padding of slopes, Exhibit B of the applicants tentative map shows proposed future Marron Road alignment running parallel to Buena Vista Creek as realigned along the edge of the flood plain. The present natural creek channel is northerly and follows more through the middle of the flood plain. Section 1601 of California Fish and Game Code requires that "any project which will divert, obstruct or change the natural flow or bed of any river, stream or lake designated by the department (Fish and Game), or will use material from the streambeds designated by the department shall be submitted to the department." Notification of this project was sent Pag.e Two — _ Staff Report June 13, 1972 to the Region 5 local area office. We have received a letter dated May 19, 1972 from Harold A. McKinnie, Assistant Wildlife Manager - Biologist, Region 5 stating that he has forwarded our correspondence to the Regional Office in Long Beach for review and comment. We have not received any reply at this time, however, there is a thirty day review period and a response is expected by the last week in June. Section 11549.5 of the Map Act, states that the City shall deny approval of a final or tentative subdivision map if it makes certain findings. Among these findings include'; inconsistency with the General or Specific Plans, site not physically suitable for the type of development, site is not suitable for the density of development, the likelihood of substantial environ- mental damage, the likelihood of substantial and unavoidable injury to fish or wildlife or their habitat. At the present time there is no planned extension of Marron Road to serve the project, the Army Corps of Engineers is scheduled to prepare a detailed report of Buena Vista Creek in fiscal year 72-73, and the City Planning staff, as indicated in a Planning Department memorandum of March 17, 1972 to the City Council, is studying the effects of requirements of State Law for inclusion of certain mandatory elements into planning process of local and county government. Among these mandatory elements is included the requirement that cities adopt a "conservation element" and an "open space element". These elements are designed to bring focus on the conservation, development and utilization of natural resources and retention of open space areas for recreation and support of wildlife habitat. In essence, the integration of environmental considerations into a program of community design has been mandated upon local agencies by the state legislature. Therefore as a local agency, it must be realized that the number, type and location of natural amenities and resources available for creating a balanced living environment which represents the best of man and nature are both limited and unique features and as such are irreplacable. Viewed in a temporal context of the evolution of the community through time, the question of utilization by man of limited natural resources in ah increasingly urbanizing environment bears directly on this development in its relationship to the adjoining flood plain, relationship to topography, to extension of services beyond the urbanized fringe and state mandated elements. Proposed park dedication lies along and includes the flood control channel as relocated. Most of this area cannot be utilized as active park area. Recommendation: It is the staff's recommendation that this application be denied or withdrawn for the following reasons. Page Three Staff Report June 13, 1972 1. Inadequate park site dedication. 2. There is an undefined relationship between developmental concepts employed on the tentative map and those concepts to be utilized with the adjacent properties to the north, i.e. the effects of grading operations of the proposed 10,000 square foot subdivision on the 62+ acres requesting reclassification. 3. Pending General Plan revision. 4. Pending 1972-1973 fiscal year study of Buena Vista Creek by the Army Corps of Engineers. 5- The site does not appear to be physically suitable for this type of development at the present time. 6. There is inadequate information regarding coordination of street patterns and water and sewer services with adjoining lands. If the Planning Commission wishes to approve the proposed."^ yozoning , then the hearing should be continued for a period of two weeks to allow the staff time to draft conditions. r^/^^L JACK B ARNOLD, City ManagerB sll STAFF REPORT/MEMO NDUM JNE 13, 1972 TO: PLANNING COMMISSION FROM: CITY MANAGER SUBJECT: REQUEST FOR CHANGE OF ZONE FROM R-l-10,000 TO C-l , R-3 AND R-l-6,000 APPLICANTS: CHALLENGE BUILDERS ,. INC. Report submitted by: City Manager, Fire, Engineering, Building, Parks & Recreation and Pin. Departments General Discussion: The applicant requests a change of zone on 62.4 acres zoned R-l-10,000 to a combination of 39.6 acres of R-l-6,000, 9.1 acres of R-3 and 1.5 acres of C-l zoning. The proposed C-l would be used as a neighborhood convenience center. The property is located approximately 200 feet east of El Camino Real on the southerly side of Highway 78, and lies predominantly within the Buena Vista Creek, floodplain. Water and sewer service is available to the property. Ingress .and egress would be provided through a proposal for extension of Haymar Drive. At the present time Marron Road is not projected to be extended to El Camino Real. The General Plan indicates a projected density of 3-7 units per acre. Infor- mation concerning anticipated densities of the project was not provided. The applicant has submitted a tentative map on the property to the south of the proposed rezone area. Approval or denial of one should not be made without considering its inter- relatedness to the other. The applicant proposes to redirect the flow of Buena Vista Creek to a path southerly of its present route, through construction of a rip-rap flood channel. Recommendation: It is the staff's recommendation that the proposed zone change be denied or withdrawn for the following reasons and subject to the following conditions, if approved. Reasons for Denial : 1. Flood plains are a unique limited natural resource of the community and region. Any construction in the flood plain is likely to create substantial environmental damage through the resulting destruction of the flood plain or will unavoid- ably injure fish, wildlife or their habitat. Page Two Staff Report - Challenge Bldrs June 13, 1972 2. All development of the flood plain should be deferred at the present time pending completion of the following: a. Planning Department General Plan Revision Study of physiographic resources and community design and preparation of conservation element of a comprehensive General Plan revision. b. Completion of report on Buena Vista Creek and Floodplain by the Army Corps of Engineers. Preparation of this report is scheduled for sometime in the 72-73 fiscal year. c. Receipt of comments from the Department of Fish and Game as established by Section 1601 requirement of the Fish and Game code for submittal for review of any project which would alter the natural course or bed of a stream or result in the destruction of fish, wildlife, or their habitat. ' d. Receipt of comments from Comprehensive Planning Organization. 3. The provisions for access to this development are inadequate and at this time the City has not programmed the extension of either Marron Road or Haymar Drive. 4. The site does not appear to be physically suitable for this type of development at the present time. Conditions: If the Planning Commission wishes to approve the proposed rezoning, then the hearing should be continued for a period of two weeks to allow the staff time to draft conditions, JACK %'. ARNOLD, City Manager sll 1 2 3 4 6 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 PLANNING COMMISSION RESOLUTION MO. 797 A RESOLUTION RECOMMENDING TO THE CITY COUNCIL CHANGE OF ZONE FROM R-l-10,000 TO C-l , R-3. AND R-l-6,000 ON PROPERTY LOCATED ON THE EASTERLY SIDE OF EL CAMINO REAL AND ON THE SOUTHERLY SIDE OF HIGHWAY 78 WHEREAS, pursuant to the provisions of Title 21 of the Carlsbad Municipal Code the Planning Commission did on June 13, 1972, hold a duly noticed public hearing to consider the application of CHALLENGE BUILDERS, INC. for a Change of Zone from R-l-10,000 to C-l, R-3, and R-l-6,000 on real property located on the easterly side of El Camino Real and on the southerly side of Highway 78, more particularly des- cribedas: Property known as Assessor's Parcel No. 24, Book 167, Page 4, City of Carlsbad, County of San Diego, State of California; and more particularly described on file in the Carlsbad City Planning Department. 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 granting of an application for Change of Zone necessary to carry out the provisions and general purpose of Title 21 of the Carlsbad Municipal Code: 1. (NOTE: See Reasons in staff report, 6-13-72, if applicabTe) 2. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Carlsbad that it does hereby recommend to the City Council the granting of an Amendment to Title 21 of the Carlsbad Municipal Code, changing the zone from R-l-10,000 to C-l, R-3 and R-l-6,000 on said property subject to the following conditions and limitations: 1. (NOTE: See conditions of approval, staff report, 6-13-72, as applicable). 2. 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 AND FINALLY RESOLVED, that a copy of this resolution be forwarded to the City Council for its attention in the manner prescribed by law. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Planning Commission held on the 13th day of June, 1972, by the following vote, to wit: AYES: NOES: ABSENT: ELMER H. JOSE, JR. , Chairman ATTEST: EDMOND W. DOMIMGUEZ, Secretary 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 PLANNING COMMISSION RESOLUTION NO. 798 A RESOLUTION OF THE CARLSBAD CITY PLANNING COMMISSION RECOMMENDING TO THE CITY COUNCIL (APPROVAL OF/DENIAL OF) A TENTATIVE MAP FOR CARLSBAD VILLAS, CARLSBAD TRACT 72-6 WHEREAS, the Carlsbad City Planning Commission did receive on June 13, 1972, a Tentative Map, to be known as Carlsbad Tract 72-6 (Carlsbad Villas), submitted by Challenge Builders, Inc. owners and subdividers, on property located on the southerly side of Highway 78, 2000 feet easterly of El Camino Real. WHEREAS, the Planning Commission did consider the Tentative Map as submitted, comprised of one lot; and WHEREAS, the Planning Commission did take into consideration the reports of the various City agencies and utility companies; NOW, THEREFORE, BE IT RESOLVED that the Tentative Map be approved subject to the following reasons and conditions: 1. (NOTE: See reasons and conditions in Staff Report, 6-13-72, as applicable) 2. AND FINALLY RESOLVED, that a copy of this resolution be forwarded to the City Council of the City of Carlsbad for its attention, in the-manner prescribed by law. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Planning Commission, held on the 13th day of June, 1972, by the following vote, to wit: AYES: NOES: ABSENT: ATTEST: ELMER H. JOSE, JR., Chairman EDMOND W. DOMINGUEZ, Secretary 1 2 3 f 4 5 8 10 11 12 13 14 15 16 17 18 19 - .20 21 22 23 24 25 26 27 28 29 30 31 32 PLANNING COMMISSION RESOLUTION NO. 798 A RESOLUTION OF THE CARLSBAD CITY PLANNING COMMISSION DENYING A TENTATIVE MAP FOR CARLSBAD VILLAS, CARLSBAD TRACT 72-6 WHEREAS, the Carlsbad City Planning Commission did receive on June 27, 1972, a Tentative Map, to be known as Carlsbad Tract 72-6 (Carlsbad Villas), submitted by Challenge Builder, Inc. owners and subdividers, on property located on the southerly side of Highway 78 and 2000 feet easterly of El Camino Real. WHEREAS, the Planning Commission did consider the Tentative Map as submitted, comprised of one lot; and. WHEREAS, the Planning Commission did take into consideration the reports of the various City agencies and utility companies; NOW, THEREFORE, BE IT RESOLVED that the Tentative Map be denied for the following reasons: 1. There are inadequate provisions for school sites and facility construction in the City of Carlsbad. 2. Provisions for circulation to the project are inadequate (i.e. no secondary access has been provided). 3. Street grades within the project are excessive. 4. Pursuant to Section 11549.5 of the Business and Professional Code, there is a likelihood of substantial environmental damage in the Buena Vista Creek Floodplain. 5. General Plan revision considering utilization of natural resources of the environment has not yet been completed. 6. There is inadequate information regarding coordination of street patterns and water and sewer services with adjoining lands. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Planning Commission, held on the 27th day of June, 1972, by the following vote, to wit: AYES: Commissioners Dewhurst, Jose, Little, Palmateer, Forman, Norman NOES: None ABSENT: Commissioner Dominguez 1 2 3 f 4 6 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 TIMER JQ-SE,~3R., Chairman ATTEST: (~\ M T M r^ i -q*'^' r* _ — ._ — ^»-: .— . .EDMOiND ooo 01 o o•-< o <C O t-l r- c U. I 01 £» 0.1 I CO to o ro UJ CO D; •»-> Q UJ CO O • to — O a.o c.I— <c X UJ E. BRIAN SMITH, ENGINEERS CONSULTING CIVIL ENGINEERS 2656 STATE STREET • CARLSBAD, CALIFORNIA 92OO8 » PHONE 729-8981 August 15, 1972 Challenge Builders Inc. P. O. Box 278 San Luis Rey, California Gentlemen: Re: Carlsbad Villas, Carlsbad, CA. At the request of R. J. Toal, your engineer, we have reviewed the tentative map of the subject subdivision. Our comments are listed below: 1. The proposed channelization of Buena Vista Creek is in conformance with good engineering practices and the cross-section shown on the plans exceeds either the constructed State Highway Section down- stream from the property, or the section up-stream from the prop- erty that has been approved by the City of Oceanside and the City of Vista. 2. 3. 4. 5. There is some 6000 feet of constructed channelization down-stream from the property and some b\ miles of channelization approved or constructed up-stream from the subject property, in the City of Oceanside and the City of Vista. Channelization of Buena Vista Creek through the property is necessary to protect the property from the up-stream storm flows. As Buena Vista Creek has an intermittant flow, due only to storm runoff, now that the Vista Sanitation District no longer dumps sewage effluent into the creek, there is no fish to be injured and there is no wildlife that is peculiarly indigenous to the Creek area. Therefore, we cannot see any appreciable environmental damage that would be created by the development proposed. The street pattern proposed is in substancial agreement with past studies, and is sufficient to serve the proposed development in a safe and satisfactory manner. 8/15/72 6. As the subject property has a trunk sewer main running from East to West through the property, sewer is more than adequate to serve the property. 7. Sufficient water service is within a reasonable distance of the subject property, and with the adjacent Larwin Development, water cannot be a problem for the proposed development. 8. The streets have been examined to review the relationship of the alignment and grade to the existing terrain. It is apparent the streets have been designed to provide a maximum of view for the proposed homes with a minimum of grading down of the steeper terrain. It appears that as much terrain consideration has been made as is possible. This is in conformance with modern land planning practice. 9. Current e-ngineering practice normally calls for concrete paving on streets in excess of 18 percent. We would suggest to avoid concrete paving, that street grades not exceed 18 percent, even though this suggestion would cause some additional slope heights on a portion of the lots. In summary, we believe the proposed development has been planned with proper regard to the engineering and planning requirements for residential development. The development should be recommended for the obvious effort and we believe, successful effort to treat a rather unusual site in a reasonable manner. Sincerely, E. BRIAN SMITH E^J^INEERS X E. Brian Smith EBS:hes E. BRIAN SMITH, ENGINEERS 31882 CAM1NO CAPISTRANO SUITE 107 SAN JUAN CAPISTRANO, CALIF. 92675 PHONES (714) 493-3321 837-3321 CHRISTIANSEN & ASSOCIATES CIVIL ENGINEERING / SUR VEYING / LAND PLANNING 15 August 1972 CHALLENGE BUILDERS, INC. P. 0. Box 278 San Luis Rey, CA 92068 Attention: Mr. Wayne Vaughn Re: Your Proposed Development in Carlsbad Lands Adjacent to Marron Road and Route 78 Gentlemen: I have reviewed the site of your proposed development in Carlsbad near Route 78, Marron Road and El Camino Real. I have also reviewed your plans showing the proposed grading, channel improvement and street exten- sions. My general comment is that the proposed grading is compatible with the natural contour of the land and the economic necessity of creating a balanced cut and fill project within the property. The overall design is similar to many others having similar topography. The Buena Vista flood plain would be greatly improved and reclaimed if it were confined and channelized as you have proposed. The design flow rate should be coordinated with the County of San Diego standard and should be a hypothetical flood of at least once in 100 years. More specifically, I trust that some of the design details, like the 20% street near the southeast corner, will be revised during final design to be about 15% maximum. Yours very truly, CHRISTIANSEN & ASSOCIATES Elmer L. Christiansen R.C.E. 10609 pc 1 . . RESOLUTION NO.2067 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD 3 DENYING APPEAL OF DECISION OF PLANNING COMMISSION RE- 4 GARDING A CHANGE OF ZONE FROM R-1-10,000 TO C-T. R-3, AND R-l-6,000 ON PROPERTY LOCATED ON THE EASTERLY SIDE OF 5 EL CAMINO REAL AND ON THE SOUTHERLY SIDE OF HIGHWAY 78. (Challenge Builders,Inc.) 6 7 The City Council of the City of Carlsbad does" hereby resolve 8 ! as follows: 1. Appellant CHALLENGE BUILDERS. INC. appealed to ji 10 ! the City Council the action of the Planning Commission regarding 11 | his herein mentioned application - Planning Commission Resolutioni 12 No. 797 13 2. All steps required by law -in connection 'with said applica- 14 tion and appeal have been complied with. 15 3. Said appeal and application are denied and the following 16 action in regard thereto is taken: 17 18 19 20 21 4. In the opinion of the City Council the following facts 22 and reasons make the denying of said application necessary to 23 carry out the general purpose of Ordinance No. 9060 as amended: (a) Pursuant to Section 11549.5 of the Subdivision Map Act, con- 24 struction in this flood plain is likely to create substantial envi ronmental damage through the resulting destruction of the flood 25 plain or will unavoidable injure fish, wi1dlife or their habitat. (IT) The proposed densities are in conflict with recommendations ot. 26 the General Plan. (c) Flood plain development is under review as a portion of the PTanning Department GeneralPlan Revision study ot •27 physiographic resources and community design and preparation of conservation element of a comprehensive GeneralPlanrevision. 28 29 PASSED, APPROVED, AND ADOPTED AT a meeting of the City 30 Council of the City of Carlsbad, California, held August 15. 31 1972!_, by the following vote, to wit: 32 1 2 3 4 5 6 7 8 9 10 11 12 15 14 15 16 17 18 19 20 21 22 23 24 25 26 •27 28 29 30 31 32 A^ES: NOES: ABSENT Cmn. Dunne, McComas, Lewis, Cmn.. Chase and Frazee. : None. ATTEST MARGARET E. ADAMS^ City Clerkby: Virginia M. Smith, Deputy (SEAL) 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 RESOLUTION NO. 2068 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD APPROVING THE TENTATIVE MAP FOR CARLSBAD TRACT 72-6. (Carlsbad Villas - Challenge BuilderTJ WHEREAS, the Planning Commission of the City of Carlsbad on the 27th day of June, 1972, denied a Tentative Map for Carlsbad Villas, Carlsbad Tract 72-6; and WHEREAS, the C.i ty Council of the City of Carlsbad on the 15th day of August, 1972, considered a request for approval of said Tentative Map; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad that the City Council does hereby approve said Tentative Map for Carlsbad Tract 72-6, located on the southerly side of Highway 78 and 2,000 feet easterly of El Camino Real, subject to the following conditions: 1. That Marron Road be extended from El Camino Real to the easterly boundary of the development. 2. That portion of Marron Road from the westerly to the easterly boundaries of the Tentative Map be fully improved by the developer. 3. That the northerly boundary of the subdivision be adjusted to include one-half of proposed Marron Road. BE IT FURTHER RESOLVED that the subdivider shall furnish the U.S. Post Office, Carlsbad, California, with a copy of the final subdivision map. AND FINALLY RESOLVED that the City Clerk is hereby directed to place a copy of this resolution in the usual course of mail, addressed to the subdivider at his address as shown on the tentative map. XX 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 PASSED, APPROVED AND ADOPTED by the City Council of the City of Carlsbad, at a regular meeting held on the 15th day of Aubust, 1972, by the following vote, to wit: AYES: Cmn- Dunne, McComas, Lewis, Chase and Frazee. NOES: None. ABSENT: None. DAVID M. DUNNE, Mayor ATTEST W\EAMT E. ADAMS , C1 ty C1 erk (SEAL) 24 25 26 27 28 29 30 31 32 -2-