HomeMy WebLinkAbout1986-08-19; City Council; 8723-1; Brook Olsen ProjectCIT-OF CARLSBAD - AGEND-WLL
Ab# d%?-?*/ - TITLE:
MTG. 08/@436 APPEAL OF CITY ENGINEER’S DECISION MINOR SUBDIVISION 730
DEPT. ENG (BROOK ot.sEN)
CgcG GD / ,:’ m9
DEFT. HD’
% CITY ATTY\l
CITY MGR.
RECOMMENDED ACTION:
City Council deny the appeal and uphold the decision of the Assistant City Engineer.
ITEM EXPLANATION
On June 26, 1986, the Assistant City Engineer approved with conditions a tentative parcel map for Planned Unit Development 255/Miner Subdivision
730. On July 7, 1986, an appeal of this decision was filed by Mr. Robert Johnson with the City Clerk. The reasons for appeal were: lot sizes did
not conform to existing R-l-l 5000 zoning and building heights were not in
conformance with the Agua Hedionda Land Use Plan.
On May 29, 1986, the City Planning Director issued an interdepartmental memorandum indicating that, under the City’s Planned Development
Regulations, the proposed lots conform to existing zoning and the project also conforms to the Agua Hedionda Land Use Plan in regards to building
height and scenic corridors.
Although the lots do not each contain 15,000 sq. ft., the Planned
Development Ordinance allows smaller lots as long as the project complies with the General Plan. The General Plan Land Use Designation for this
property is RLM-O-4 dwelling units per acre. With the three lots as
proposed, the density of the project is 2.9 dwelling units per acre. It
should be pointed out that the applicant used the Planned Development Ordinance because his property was 570 sq. ft. short of being able to develop three lots using the standard single family subdivision process.
The applicant’s property contains 44,430 sq. ft. and 45,000 sq. ft. would be needed to have three standard single family lots.
On July 9, 1986, the City received a copy of a letter from the California
Coast al Commission affirming the City Planning Director’s finding in relation to building height and scenic corridors.
FISCAL IMPACT
The Appellant has paid the required $275.00 appeal fee. The fee covers the expenses for required staff time to prepare an answer to the appeal.
EXHIBITS
1. Conditions of approval for Minor Subdivision 730.
2. Final approval of Tentative Minor Subdivision 730.
3. Planning Director’s approval.
4. Letter from Coastal Commission.
5. Appeal form.
6. Plat of Project.
EXHIBIT “1” “li .7j,
1200 ELM AVENUE
CARLSEAD, CA 92009-1999
O/lice ol the Clry Engineer
June 16, 1986
TELEPHONE
(619) 438-5541
Citp of &arls’bab
RECEIVED
,I l:“j ,z 0 ;vJs
CITY OF CARLSSAD
ENGINEERING DEPARTMENT
Brook Olsen 27811 Tirante
Mission Viejo, CA 92692
PROPOSED MINOR SUBDIVISION NO. 730
A preliminary decision has been made, pursuant to Sect ion
20.24.120 of the City of Carlsbad Municipal Code, to approve the tentative map of the proposed minor subdivision subject to the
following conditions:
1.
2 :
3.
4.
5.
6.
Final parcel map shall comply with the Land Use Planning
Office interdepartmental memorandum for Minor Subdivision
No. 73O/PUD-255.
All required fire hydrants, .water mains, and appurtenances shall be operational prior to combustible building materials being located, on the project site.
Addit ional public and on-site fire hydrants shall be
required subject to the approval of the Fire Marshall.
All required fees and deposits shall be paid prior to final
parcel map recordation. (See attached list.)
The tentative parcel map approval shall expire two (2) years from the date of the letter containing the final decision
for tentative map approval.
This approval is expressly conditioned on the payment by the
Applicant of the Public Facilities Fee as required by the
City Council Policy No. 17, dated February 23, 1982, and
d
Brook Olsen
Proposed Minor Subdivision No. 730
June 16, 1986 Page: 2
ef feet ive April 2, 1982, on file with the City Clerk and incorporated herein by reference, and according to the agreement executed by the Applicant for payment of said fee. If said fee is not paid as promised, this application will not be consistent with the General Plan and the project
cannot proceed and this approval shall be void.
7. The Applicant may request a review of the conditions in
writing within ten (10) days of the date of this approval.
8. The applicant shall pay park-in-lieu fees to the City, prior
to the approval of the final map as required by Chapter 20.44 of the Carlabad Municipal Code.
9. Plans, specifications, and supporting documents for all improvements shall be prepared to the satisfaction of the
City Engineer. Prior to approval of the parcel map, the
Subdivider shall install, or agree to install and secure with appropriate security as provided by law, improvements shown on the tentative map and the following improvements to
City Standards to the satisfaction of the City Engineer:
a. Half street improvements of Adams Street to collector
standards including 20’ offaite A.C. berm and transit ion pavement; the” half street improvements shall
extend to the full frontage on Adams Street;
b. Half street plus 10’ of Hoover Street to cul-de-sac
standards; and
c. Storm drain crossing Adams Street to the City Engineer’s satisfaction.
10. Improvements listed above shall be constructed within 12
months of approval of the secured improvement agreement.
11. Hoover Street shall be dedicated by the developer along the
subdivision frontage based on a centerline to right-of-way width of 28 feet and in conformance with City of Carlsbad Standards prior to occupancy of any buildings. The offer
shall be made by a Certificate on the Parcel Map. All land
so offered shall be granted to the City free and clear of
all 1 iens and encumbrances and without cost to the City. Streets that are already public are not required to be
rededicated.
3
Brook Olsen
Proposed Minor Subdivision No. 730
June 16, 1986
-.
Page: 3
12. Adams Street shall be dedicated by the developer along the
subdivision frontage based on a centerline to right-of-way width of 30 feet and in conformance with City of Carlsbad Standards prior to occupancy of any buildings. The offer shall be made by a Certificate on the Parcel Map. All land so offered shall be granted to the City free and clear of all liens and encumbrances and without cost to the City.
Streets that are already public are not required to be rededicated.
13. The developer shall dedicate a sight distance easement at
the southwest corner of Adams and Hoover to the satisfaction
of the City Engineer.
14. The developer shall offer for dedication, on the Parcel Map,
10’
Fine.
wide drainage easement along the westerly property
All land so offered shall be free and clear of all liens and encombrances and without cost to the City.
15.
16.
This project is approved upon the express condition that
building permits will not be issued for development of the
subject property unless the City Engineer determines that sewer capacity is available at the time of application for
such permits and will continue to be available until time of
occupancy. This note shall be placed on the final map.
The developer shall obtain a grading permit prior to the
commencement of any clearing or grading of the site.
17.
18.
19.
The grading for this project is defined as “controlled grad- ing I’ by Section 11.06.170(a) of the Carlsbad Municipal Code. Grading shall be performed under the observation of a civil engineer whose responsibility it shall. be to coordinate site inspection and testing to insure compliance of the work with
the approved grading plan, submit required reports to the
City Engineer and verify compliance with Chapter 11.06 of the Carlsbad-Municipal Code.
No grading shall occur outside the limits of the
subdivision/project unless a letter of permission is .
obtained from the owners of the affected properties.
A separate grading plan shall be submitted and approved and
a separate grading permit issued for the borrow or disposal site if located within the city limits.
4
Brook Olsen
Proposed Minor Subdivision No. 730
June 16, 1986
20.
21.
22.
23.
24.
25.
26.
27.
Page: 4
All slopes within this project shall be no steeper than
2:l.
Prior to hauling dirt or construction materials to any
proposed construction site within this project the developer shall submit to and receive approval from the City Engineer for the proposed haul route; The developer shall comply with all conditions and requirements the City Engineer may impose with regards to the hauling operation.
Addit ional drainage easements and drainage structures shall
be provided or installed as may be required.
The owner of the subject property shall execute a hold harmless agreement regarding drainage across the adjacent
property prior to approval of the final map/ariy grading or
building permit for this project.
The developer shall construct private street accesses to
public streets in such a way as to clearly designate that
the private streets are not a portion of the public street system. The developer shall place a plaque-type sign with the legend, *‘PRIVATE STREET BEYOND THIS POINT”, at the
access point to private streets from public streets. The
script on the sign shown above shall be capital letters of a
size and contrast such as to be readable for a normally
sighted person at a distance of 20 feet. The provisions of
this condition shall be met to the satisfaction of the City Engineer prior to issuance of a Certificate of Occupancy for
any portion of this project.
The developer shall install street lights along all public
frontages in conformance with City of Carlsbad Standards.
The developer shall install a wheelchair ramp et the public-
street corner abutting the subdivision in conformance with
City of Carlsbad Standards prior to occupancy of any build- ings.
The developer shall comply with all the rules, regulations
and design requirements of the respective sewer and water agencies regarding services to the project.
Brook Olsen
Proposed Minor Subdivision No. 730
June 16, 1986 Page: 5
20. The design of all private streets and drainage systems shall
be approved by the City Engineer prior to approval of the
final map/issuance of any grading or building permit for
this project. The structural section of all private streets shall conform to City of Carlsbad Standards based on R-value
tests. All private streets and drainage systems shall be
inspected by the city, and the standard improvement plan
check and inspection fees shall be paid prior to approval of
the final map/issuance of any building or grading permit for
this project.
29. All plans, specifications, and supporting documents, for the
improvements of this project shall be signed and sealed by
the Engineer in responsible charge of the work. Each sheet
shall be signed and sealed, except that bound documents may
be signed and sealed on their first page. Additionally the first sheet of each set of plans shall have the following
certificate:
tiDECLARATION OF RESPONSIBLE CHARGE”
I hereby declare that I am the Engineer of Work for this
project, that I have exercised responsible charge over the
design of the project as defined in Section 6703 of the
Business and Professions Code, and that the design is consistent with current standards.
I understand that the check of project drawings and specifications by the City of Carlsbad is confined to a review only and does not relieve me, as Engineer of Work, of
my responsibilities for project design.
(Name, Address and Telephone of Engineering firm)
Firm: q---e
Address:
a----
Yy--
City, St.: a-----
Telephone: --
BY
(Name of Engineer)
--
u- Date: -w
R.C.E. NO. # --- u_-w-
Brook Olsen Proposed Minor Subdivision No. 730 June 16, 1986
30.
31.
32.
33.
34.
Page: 6
Prior to recordation of any final map for this development/approval of any grading or building permits for
this project, the owner shall give written consent to the
annexat ion of the area shown within the boundaries of the Tentative Map/site plan into the existing City of Carlsbad Street Lighting and Landscaping District No. 1.
The developer shall comply with the conditions of the Land Use Plan of the Agua Hedionda Local Coastal Program Segment, especially with resepct to the visual resources policy.
The developer shall obtain approval of this project from the Coastal Commission prior to parcel map approval.
A 20’ X 20” access easement shall be offered for dedication along Hoover Street within Lot 4. All land so offered shall be free and clear of all encumbrances and without cost to the City.
This project is also approved under the express condition
that the applicant pay the additional public facilities fee
adopted by the City Council on April 22, 1986, and any
development fees established by the City Council pursuant to
Ordinance No. 9791 or subsequent ordinance adopted to implement a growth or development management system or public facilities phasing plan to fulfil1 the subdivider’s
agreement to pay the public facilities fee dated March 31, 1986, a copy of which is on file with the City Clerk and is incorporated by this reference. If the fees are not paid,
this application will not be consistent with the General Plan and approval for this project shall be void.
DAVID ‘A: HAUSER Assistant City Engineer Current Development Division
DAH:RJW:lch
Attachments
c: Joe Lukoski E. W. Dominguez
7
FEES AND DEPOSITS
HINOR SUBDIVISION NO, 730
1. Parcel Map Check Fee d 400.00
2. Park-In-Lieu Fee* $ 2,358.OO
3. Duplicate Tracing Fee E 30.00/sheet
TOTAL $ 2.?U,DO
* This fee may be paid prior to Building Permit issuance. A
‘bond for the amount must be posted prior to Parcel Map
Approval. (Pick-up forms and agreements at the Engineering
Department.)
EXHIBIT “2” --.
1200 ELM AVENUE CARLSBAD, CA 92008-1999 .
Oftice of the c&y Englneef
TELEPHONE
(619) 438-5541
June 26, 1986
Brook Olsen
27811 Tirante Mission Viejo, CA 92692
MINOR SUBDIVISIOM W$, 73a 4
Whereas a review of the conditions of the letter of preliminary approval was requested by E. W. Dominguez; and whereas a review
of those conditions was held with Mr. Dominguez and no changes to those conditions were made; and whereas the requirements of the California Environmental Quality Act and the City of Carlsbad
Environmental Protection Ordinance of 1973 relating to the subject proposed parcel map have been examined by the Planning Director and declared to have a non-significant impact upon the
environment; and whereas negative findings delineated by Section 20.24.130 of the Carlsbad Municipal Code have not been made; and whereas this minor subdivision is found to be in conformity with
the General Plan of the City of Carlsbad; therefore, a final decision has been made to approve the subject tentative parcel
map subject to the conditions set forth in the preliminary
approval letter.
DAVID Ak HAUSER
Assistant City Engineer Current Development Division
DAH:RJW:lch
EXHIBIT “3”
INTERDEPARTMENTAL MEMORANDUM REC.El”‘ED
DATE: May 29, 1986 f? I . ., {I 5 zJ$r;
TO: Engineering Department Cj-iv CF Cj#LS>rk.D
FROM: Planning ENGINEERING DEPARTMENT
SUBJECT: PUD-255/MS-730
Tne City has completed a review of the application for a four-
lot planned development located on the northwest corner of Hoover
Street and Adams Street.
It is the Planning Director's determination tnat based on tne
attached conditions, the project is consistent With the City's
Planned Development regulations (Chapter 21.45) and with all
other applicable City ordinances and policies. Further, the
project has been found to be categorically exempt from
environmental review according to Section 15305.070(11)(4~) of
tne California Environmental Quality Act and a Notice of
Exemption was filed on May 29, 1986.
Tnis memo, including the listed findings and conditions,
constitutes approval of PUD-255.
Findings
1. The project is consistent with the City's General Plan Land
Use Element, and with all other elements of the City's
General Plan.
2. Adequate public facilities necessary to serve tnis project
will be provided as required by tne City Engineer in con-
junction with the approval of the parcel map required for
this project.
3. Tne project is consistent with the desi n criteria and
development standards of Chapter 21.45 9 Planned Development
Ordinance) of the City's Zoning Code.
Conditions
1. Approval is granted for PUD-255 as shown on Exhibits "A" -
" D " , dated April 24, 1986, on file in the Planning
Department and incorporated herein by reference.
2. A copy of the final planned development site plan, incorpo-
rating all conditions of approval, Shall be submitted to and
approved by the Planning Director prior to final map
approval of MS-730.
3. All conditions of MS-730 are incorporated herein by
reference and shall be complied with in their entirety.
4. Unless otherwise stated herein, this planned development
project Shall comply with all applicable City ordinances and
requirements.
5. The applicant shall establish a homeowner's association and
corresponding covenants, conditions and restrictions. Said
CC&R's Shall be submitted to and approved by the Planning
Director prior to final map approval.
6. PUD-255 is approved based on the agreement between the
applicant and the Coastal Commission.
Attachment
MJH:EVR:ad
EXHIBIT “4”
STATE OF CALIFORNIA-THE RESOURCES AGENCY GEORGE DEUKMEJIAN. Governor
CALIFORNIA COASTAL COMMISSION
SAN DIEGO COAST DISTRICT
1333 CAMINO DE1 RIO SOUTH, SUITE 125
SAN DIEGO, CA 92108-3520
(619) 297.9740
July 9, 1986
Brook Olsen 3610 Sierra Morena
Caclsbad, Ca. 92008
Re: Proposed Subdivision for the Agua Hedionda Lagoon Area
Dear Mr. Olsen,
In regard to your inquiry of July 2, 1986, I would offer the following comments regarding the Coastal Commission’s staff review of a proposed subdivision of property located to the north and east of Agua Hedionda Lagoon in Carlsbad. The property is located within the plan area of the Agua Hedionda Land Use Plan which was certified by the Coastal Commission in 1982. In addition to the Coastal Act itself, the Agua Hedionda Land Use Plan would be the document used by the Commission’s staff in it’s review of a development proposal for the site.
As we discussed, the Agua Hedionda Land Use Plan (LUP) contains
a number of policies, the intent of which are, to protect the scenic resources of the lagoon and it’s watershed. In regard to
the site in question, Policy # 8.3 of the LUP contains provisions for protection of views from designated scenic
corridors such as Adams Street. The policy-calls for new development to preserve existing views of the lagoon from these
corridors. The preferred method for preserving such views lies in the siting of all (portions of) structures on a site at an elevation which is below that of the elevation of the adjacent
scenic roadway. This would allow passers-by to see over the
structure to the lagoon and surrounding areas.
In the drafting and review of the Land Use Plan, the City and
Commission staff were aware that in some circumstances, the grade elevations of a site would not allow for construction of all portions of a residence (including peaked roofs and decks etc.) at a level lower than that of the adjacent roadway. In
such cases, the Land Use Plan allows for an alternative method of view preservation. Under this method, a “view corridor14 is
provided through the developed(ing) lot. In such situations,
the LUP calls for one third of the width of the lot to be
retained as the open space view corridor. The retention of the
Brook Olsen July 9, 1986 Page 2
view corridor would be a condition of development and would be allowed only in those circumstances where existing grade elevations or the presence of sensitive habitat on a site would preclude the construction of a residence at elevations lower
than those of the adjacent roadway. Again, where these constraints exist, the staff would prepare a recommendation that would include a condition for the provision of such a view corridor. The recommended condition would most likely require
an applicant to provide an open space view corridor in the form of a recorded restriction against the deed for the property.
The restriction would prohibit the erection or placement of any materials which would impede views through the open space area
from the adjacent street without the consent of the Commission
or it’s successor in interest.
It appears, from a preliminary review of your proposed
subdivision (coastal permit application # 6-86-407), that the
staff would recommend the use of the second (view corridor) method for preservation of the viewshed for the site. The elevations of the property in question make siting of a
structure at an elevation lower than that of adjacent Adams
Street very difficult indeed.
The proposed tentative map does appear to satisfy, in terms of area width(s) and configuration(s), the open space view corridor
requirements of the LUP. Obviously, a closer examination of the
plan and the proposed “view corridors” will be required before a
clear determination of their adequacy can be determined. This review is expected to take place shortly, with the preparation of a staff recommend*ation for the coastal development permit request.
I would also like to remind’you that there may be other resource issues which arise in the staff review of the project. Scenic
preservation is a primary issue addressed in the Agua Hedionda
Land Use Plan but it is not the only resource issue related to
the afea. If you have any further questions regarding this matter please call me at the office listed above.
Sincerelv.
Adam Bitzbaum Coastal Planner
(0832L)
I3
4 . 3 .Aj+. -
.
1200 ELM AVENUE CARLSBAO, CALIFORNIA 92009
OWce ol rfre City Clerk
EXHIBIT "5"
TELEPHONE: (714) 438-5535
Citp of QCarkbab
APPEAL FORM .
1 (we) appeal the following decision of the
City Engineer to the City Council:
Project name and number (or subject of appeal): MS 730
Approval by Engineer - Applicant would also ask for refund or
waiver of the $275.00 application fee.
Date of decision: June 26, 1986
Reason for appeal: lotsizes arenot 15,000 aqd zoning is R-l-15000
and approval is for building height to be 11 feet above Adams Street
which is not in accordance with the Ag6a Hedionda Lagoon Plan.
& J Date
Robert Johnson Name (Please print)
1125 Cape Aire
Xddress
Carlsbad, CA 92008
729-0511 Telephone Number
I --
PLAT OF PROJECT
\ I
LOT 3 6Ros rqooo SE
GROSS 14,430 SE NE7 12,030 Sf NET I4,OZO 5%
PRIVATE STUEPT l
vlclNrrY MAP
N.T.S.
PROJECT NAME
MINOR SUBDIVISION 730
PROJ. EXHIBI’I NO. MS730 6 />.-
1200 ELM AVENUE
CARLSBAD, CA 92008-1989
City Council Office
up of CarMlab
July 25, 1986
Mayor & City Council City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008
Dear Mayor & Council Members:
It is my understanding that a public hearing has been scheduled for Tuesday, August 5, 1986, on the Appeal of Minor Subdivison No. 730.
As I will be out of the city and unable to attend the Council meeting on that date, I would request a continuance of this item so that I might be in attendance and participate in this hearing.
Thank you.
ANN J. KULCHIN Council Member
TELEPHONE
(619) 438-5599
cc: City Clerk
4
‘; I A 1 E OF CA~IFOR:.HA--Ti-I:’ EC-Zc.URCEj AGENCY GEORGE DEUKMEJIAN r;orerilr,~ ----- ---_ --_.._- -_*.___.. .-__-- _..----- - .- .--.--. .._ ..-_---- _-- ~=-~~zz~~---. -.=Tr;x-=i=‘- ----_ -__,- --
C/kLIFOANIA COAYi‘l.Ai. CC~hV 5113~4
S<‘\N CIEGO COAST OlSiRtCi
‘323 C4hllNO DFL KlO SOUlll SUI!t 125
‘AN DIEGO. CA 921ofL357’2
,hlO) i97.9740
1 . 1: .1 1 ;:: I, . 7/li/d6
;‘;9t;: cay: 9/l /.1,6
-I tic ,-i’{ (jay : i/11/87
Staff. AB-Sil
Staff Report: 7/1?/86
:-ie;\r i ng Date : 8/12-15/8'1
I’ FF OEPORT. CONSENT CALENDAR :,..2 .'A.-.A_.-.- 1_ -.----
Application No.: 6-86-; 27
Applicant: Brook and r:.athleen Olsen
Description: Subdivision of a vacant 1 acre parcel into three parcels of
approximately 15,000 sq ft. each.,and one parcel of approximately
5,000 sq. ft. to provide accefs"to proposed parcels #s 2 and 3.
Also proposed is the rough grading of the site; construction of
improvements to adjacent Adams and Hoover Streets; and
constructii., of a two-story, 3,100 sq ft. single family
residence proposed Parcel #l.
(Total) Lot Area 1.0% acres
Zoning R-l-l 5000
Plan tle5ig..q?'ior, Rcs tom Medium (RLM) 4 du/ac
Pro,ject Dc.(; ity 2 dk/ac
Proposed ?dl‘Ce! .fl ; 3.i ,', t' Y ;. ii . . i &, i jji!l;J cb:k.dra;f
Pa /enier:t c .:iverage
landscape :,;veraqe
Parking Spk~~:s
ilt. at,! fin 3de
. ,5-i: 5~1. ft. (r,eL)
';;,csa sq. ft.. ('1%;
500 SC!. ft. ( 5%)
8,840 sq. ft. (78%)
2 25 Fe&
Site: North~st (. the fntersection of Adams Street *and Hoover Street,
Carlsbad, ' _ : Oiego County .'.PN 20&-171-06
Substantive Fi?e Uocumeni;~;: Certified Agua Hed;onda Land use Plan
Carlsbad Minor Subdivision #73G
Carlsbad Planned Unit Cevelopntent 51255
STAFF RECOMMENDATION:
The staff recommends the Commission adopt the following resolution:
I. Approval with Conditions ---- -
The Commission herel, grants i permit for ,the proposed development,
subject to the condition:,; zlow, on the ::rcunds that the development will be
in conformity wi-th tile pi (isions bf Chzpter‘ 3 of the California Coastal Act
of 1976, will ;~ot prejud the ability of the loca? goverr...;ent having
,
6-r36--407 I
Page 2
jurisdiction over the area 'L.: prepire a Local Coastal Program conforming to
the provisions of Chapter- '. k. f the Coastal Act, and will no.t have any
significant adverse .,i;loact. in the environment within the mean'lng of the
California Environmental Q.;:.,!ity Act.
Il. Standard Conditions.
See attached page.
III. Special Conditions.
The permit is subject to the following conditions:
1. Open Space View Corrildors. Prior to the transmittal of the coastal
development permit, the applicant shall recard.three separate restrictions
against the deed for the prcaerty, free of all prior liens and encumbrances,
except for tax liens, and b';.ding on the permittee's successors in interest
and any subsequent purchasers of and portion of the real property. The
restrictions shall serve to provide three open space view corridors as shown
on Exhibit #3 of the staff report. The restrictions shall pt-oh'bit the
placement or erection of any'strurtures; or the placement 0; a %y vegetation
which, when mature, would interfere with views through the designated view
corridors. The recording document(s) shall include legal descriptions of the
entirety of the applicant's parcel and the restricted open space area(s), and
shall be in a form and conte:)t acceptable to the Executive Director.
2. Erosion, Sedimentatio,i Control Plan _-----* Prior to the transmittal of a
cuastal development permit for this project. the applicant shall submit a
runoff control plan designed r.y a licensed ezginezr qualified in hydrology
hydraulics, which would assure no increase in peak runoff rate from the
developed site as a result <4, a ten-year frequency storm over 7 six-hour
and
shall be accomplished by
Energy dissipating measures
be constructed. The plan
~:l grading activities will be res-tricted to the
period of April ?st to Septe';::er 3lst of each year and that all disturbed
areas will be replanted imme:?iately following gracirlg. The plan, including
supporting calculations, shai! bz subject to the review and wr'ltten approval
of the Executive Director.
IV. Findinqs and Declaratiolis.
The Commission finds and declares as follows:
1. Project Description. The applicant proposes the subdivision of a one
acre parcel in Carlsbad into three parcels of roughly 15,000 sq ft. each and rl
fourth parcel of 5,000 sq. fc. which will provide access to proposed parcels #
2 and 3 (refer to Exhibit #2-. AYsc proposed is the rough grading of the site
involving some 1 ,GOO cubic y:...ds of balance<! tilt and fill; construction of a
continuous north/south retaii.:og wali along a por-tion of .the tk..ee proposed
parcels; and the constructio.; of a two--story, 3,120 sq. ft. single family
residence on proposed parcel ;I.
The site is located west of Adams Street and north of Hoover Street on the
north shore of Aqua Hedionl:a Lagoon in Carlsbad. The site slopes gently
ved from
Planned
towards the lagoon and is iurrently vacant. The applicant has recei
the City of Carlsbad appro,val for the Minor Subdivision (#730) and a
Unit Development (#255)..
2. Scenic Preservatioh. Because Agua Hedionda Lagoon and the v
surrounding the lagoon is both an environmentally sensitive area and
recreational resource, it was the subject of a detailed LCP Land Use
iewshed
major
Plan
prepared by the City and c .tified by the Coastal Commission. The Aqua
Hedionda Land Use Plan Se!: ,,it is not part of the Commission prepared Mello I
or Mello II LCP segment; ri ler, it was a seg;.:ent prepared by the City in the
typical LCP process. One 7. the issues aodressed in the Land Use Plan was tne
preservation of views fror: .'.dams Street, a desigliated scenic cnrridor which
runs along the north s*hori JF the lagoon. The poli;ies of the LUP require
that structures on the .lot, ;rhich lie bet.;deer, Adams Street an4 Aqua Hedionda
Lagoon be designed so as tp preserve the vietis from Adams Street.
The policies call for this viuw,preservaric:i to OCCIJT through either: (a) the
siting of structures at e?,cv,ations below that of ,qdams Stree.t adjacent to the
property or (b) the preser.vtit'Ion of one third of: the width of the parcel as a
"view corridor". In regard to the site in question, Policy $ 8.3 of the LUP
contains provisions for prL action of views from designated scenic corridors
such as Adams Street. The' ;~licy calls for new development tw preserve
existing views of -the lago.. from these corr:dors. The preferred method for
preserving such views lies '1 the siting of all (portions of) structures on a
site at an elevation which 's below that of the elevation of the .sdjacent
scenic roadway. This woul; allow passers-by to see over the structure to the
lagoon and surrounding are::;.
The latter provision was included in the LUP because the existence of lots
which lie between the roadway and the lagoon on which siting of structures
below a "critical view elevation" would be difficult. This difficulty is due
to either, the limited size, and the topographical elevations of the parcel or,
the existence on the parcels of steep slopes covered with native vegetation
which are also afforded protection under the Land Use Plan policies. The
applicable view preservation policies of the LUP are cited below.
Policies ..8.1 and 8.3
81 L- Park Avenue, Adam Avenue and Carlsbad Boulevard are designated as
scenic roadways- [j t? v f ,>ment adjacent to these roads shall maintain a
minimum 20 F:Jot la":ds c;?, :b buffer between the street and, parking areas.
Required landscaped se,t&.cks may inclvdt s'idewalks and bjkeways, but shall
not inc lude parking ar-. ;i. Parking areas s?iall be scree:,ed from the
street utilizing v!Jgct.r jun, tree for-ins, and berms, as ap,ropriate.
8.3 Development locat. adj& ??I' ;J scenic rcad!:!ays, or Jcatei between
the road and shoreline, *.hal'l be regalated as follows:
6-86-407
Page 4
a) Where a sigr,ific:$-c e?evat!on diflerence (e.g., 35 feet) exists
between the s!ioi.+;ne a::a the f5rs-t parallel public road, as in the
case of lieJ4otdt; Faint and Snug Harbor, no portion uf a structure in
the intervening ;:. ea shail be pernlitted to exceed t;;e elevation of
the roadway. :
'I
b) Where no significd;lt elevation difference exists be?deen the
shoreline and t!-,e first paraile! public road, perm%ed development
in the interveninj area shall provide a view corridor, of a width
equivalent to at :zast one-third of the road frontago of the parcel,
which shall be ke,t free of ail structures and free af landscaping
which att,matur.ity would rise above a reasonable viewline from
vehiclesipassing on the public road. 1 j
c) On all p{operty adjoining the shorel,ine,- permitted development shall
be designed to "step down" in height, to avoid casting shadows on
shoreline areas and to produce a perceived transition from open space
areas to developeci areas;...
The subject property lies,adjacent Adams Street, one of the designated scenic
corridors. The elevation of the centerline of Adams Street adjacent to the
property ranges from 51 feet to 57 feet (MSL). The site itself ranges in
elevation from 29 feet to 54 feet (MSL). With the setback requirements of the
City's ordinances, this lf.;!ited elevation differential eliminates the
potential for constructio;! of even a single-story residence at an elevation
below that of adjacent Ad: $,s Street. Therefore, the second, 'I view corridor",
method of view preservati,.: would appear more appropriate for the subject
property.
The applicant prepared a t;rsding plan for the project which provides view
corridors on each of the 'ii.-ee proposed ;o.Ls (refer to Exhib<t #3). The plan
does incorporate three v-;F?:G corridors, two of which are side by side ;illowing
for a wider view area. As ';,roposed, the view corridors do satisfy the
requirements of the Land tJt':: Plan regard-ing scenic preservat.jon.
Special conditions number i, has been attached to the permitto assure that
the vjew corridors which a1.e proposed are retained in the future. The special
condition requires the applfcant to record an open lpact? view corridor
restriction against the de& for I-he property. Because the corridors are to
be provided for what wi.ll L? three separate building lots, ti:z special
condition requires the applicant to record restrictions against the current
deed for each of the cot-re:Jcnding view corridors for the proposed lots (two
of which will also cross t.:e road access lot, #4).
The content of the restri!: '!on(s) will be subject to the rev-iew and written
approval of the Executive ,irector and shall prohibit the erection or
placement of structures 01' iandscaptng in the designated area(s) that would
interfere with the views 1, on‘ Adams street. As conditioned, the Comnission
finds the project consiste!lt with Section 30251 of the Coastal Act and the
applicable policies of the Agua Hedionda Land Use Plan regarding scenic
preservation.
II Marty Kania 3149 Jefferson C Carlsbad, CA 92008
FROM THE DESK OF - d&Y
BARRY CLARK
1125HocnwStreet Cadsbad. California 92008
7296945
/I ‘-A- /b * f
ti
(&(&f/&C, c/’
& .I ,I’ ,
+
Y--z2 - ,,,.Jq
u’ Y’
g;sr,. /-7p7p,:/C.L’ioc~I~ “‘7, Cit?dL
&m ,/c*p;l. /
August 11, 1986
To: The Mayor and Members of the City Council
City of Carl&ad 1200 Elm Avenue Car&bad, CA 92008
Re: Appeal of minor Subdivision No. 730
We are appalled to find out that the City Engineering Department has
taken it upon itself to approve a change and/or variance for a subdivision proposed in the area of the Agua Hedionda Lagcon Plan that is in direct conflict with the zoning and height restricitions so recently established.
There should be no exceptions to established conditions on such fundamentals as minimum lot size , grades, elevations, etc., certainly r& by administra- tive staff without hearings and a vote by the City Council to amend the
plan. If the City Council wants to vote to reduce the minimum lot size (a major zoning change) or change the limit on building heights, (again, a major change), let them face the public in an open hearing, listen to the pros and cons, and vote on it.
We live two blocks away and are not affected as to view, but feel very
strongly about the character of this unique area and the scenic quality of the lagoon and its surroundings. Either there is a plan, as previously approved by the City Council, and in force, or there isn't any plan at all. Piecemeal attrition will make all the effort and thought that went into that plan a farce.
R-1-15,000 zoning and no building height exceeding the grade level of
Adams Street are very simple, easily understood requirements, with which
anyone purchasing the affected property should be aware @'before closing
escrow. Zoning regulationg are not meant to maximize profits or eliminate
the risks of speculation, but are meant to enhance if possible, or at the
very least, preserve, the existing attributes of the affected area.
.
4246 Highland Drive Carl&ad, CA 92008
August 7, 1986
Eionorable Mayor and City Council Cit Y fla 2 1
1200 Eim Avenue Carisbad, California 92008
Dear Mayor and Council Members:
I am writing this letter with regard to a minor subdivision
that has beer: approved by the 'Engineering Department of the
City of Carlsbad in the Agua Hedionda Lagoon area.
I am aware there is to be a public hearing on an appeal to the approval of this project on Tuesday, August i2. I may
not be able to attend this meeting but wanted this letter on fiie as a matter of record that I oppose the approval of this project.
I am a resident of the Agua Hedionda Lagoon area and have been active along with many of the other residents of this area in a struggle to preserve ollr scenic route. The
approval of a project with building heights that exceed that of Adams Street is not in the best interest of this area. It is my understanding the the structures proposed for this project are to be two story. It would appear that if the structures are to exceed the height of Adams Street, the applicant should be asked to build single story homes that would be in conformance with the height restriction for this area.
Thank you for your consideration in this matter.
Sincerely,
Barbara Krich
1140 Cape Aire Lane
Carlsbad, California
August 11, 1986
City of Carlsbad
1200 Elm Avenue
Carlsbad, CA 92008
Dear City Council:
Re: Minor Subdivision No 730
This letter is to request that the present lot size with the
R-1-15,000 zoning and the provisions of the Agua Hedionda
Lagoon Plan be required for the above planned subdivision.
I believe it is in the best interest of all the citizens of
Carlsbad to adhere to the General Plan especially in very
unique areas such as the Agua Hedionda Lagoon where everyone
can benefit from the scenic surroundings if it is not allowed
to be over developed and height restrictions maintained.
I, as a citizen of Carlsbad want development to proceed
according to plans, and not have all these special interests
given precedent setting benefits which will result in over-
crowding in our daily lives.
Sincerely,
Delores M. Clark
August 6, 1986
Honorable Mayor and City Council
City Hall
i200 Elm Avenue Carlsbad. California 92008
Re: _ Proposed Minor Subdivision/Agua Hedionda Lagoon
Dear Mayor and City Council Members:
I have recently learned that a project has been approved in
the Agua Hedionda Lagoon area with building heights that wili exceed the level of Adams Street.
As a resident of Carlsbad, whose family enjoys driving along Adams Street for the purpose of viewing the Lagoon and Ocean from that area, I oppose any project with structures that will exceed the height limitations as stated in the Land Use Plan for the Agua IIedionda Lagoon/Snug Harbor area.
It was my impression that Adams Street, along the lagoon, is a designated scenic route. I feel that approving projects that exceed the height of Adams Street defeats the purpose of
the scenic route designation.
I am asking that the Mayor and City Council re-consider the
approval of this project in the hopes of preserving a very
sensitive and unique area of our city.
Your consideration in this matter is greatly appreciated.
Sincerely,
h &-LA
Jonathan Lee 2885 Highland Drive
Carlsbad, California
EMPLOY& SUPPORT PROGRAM
Personal and Family Crisis Counseling
4264 Highland Dr. l Carlsbad, CA 92008 a l-800-821-2747
August 12, 1986
The Mayor and Members of the City Council
and Building Commission City of Carlsbad 1200 Elm Avenue
Carlsbad, CA 92008
Dear Sirs/Madams:
This letter is written to record my opposition to the Carlsbad City Engineering Departments action to approve a variance for
a subdivision in the area of Aqua HeQbnda Lagoon,e.g., appeal of minor subdivision NO. 730.
Why have we homeowners in the area which historically has pre- served a R-l-15,000 zoning not been notified of this action?
Why was this not put to the people in the area for their review and opinions. Since when is an administrative staff such as the engineering dejpartment able to grant such variances without soliciting the will of the residents in an area?
I ask your disapproval of this plan and a restatement of the historic R-l-15,000 zoning requirements around the Agua Helionda Lagoon area! I cannot but wonder about the greed of developers and how they have the ability to persuade city officials to bend long term plans of entire neighborhoods?
I/Richard L. Shlemmer, Ph.D.
.
‘. Carlsbad Journal
Decreed a Legal Newspaper by the Superior Court of San Diego County
3 138 ROOSEVELT ST. . P.O. BOX 248 l CARLSBAD, CA 92008 l 729-2345
Proof of Publication
STATE OF CALIFORNIA, ss,
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 principal clerk of the printer of the Carlsbad Journal 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 OF PirBLIC southwest corner of Adams Street notice hereinafter referred to; and that the notice
HEARING APPEAL OF MINOR SUBDIVISION NO. 730
and Hoover Street. If you have any questions. plea& of which the annexed is a printed copy, has been
NOTICE IS HEREBY GIVEN that
call the Engineering Department at
438-5541. Ifyou challenge the Minor Subdi-
published in each regular and entire issue of said
newspaper and not in any supplement thereof on
the City Council of the City of Carls- vision in$urt, you may be limited
bad will hold a public hearing at to raising only those issues you or the following dates, to-wit:
the City Council Chambers, 1200 someone else raised at the public
Elm Avenue. Carlsbad. California. hearing described in this notice. or
at 690 P.M.. on Tuesday. August 5. in written correspondence deliv-
1966, to consider an appeal ofa City ered to the City of Carlsbad at or
Engineer’s approval ofa minorsub- prior to the public hearing. July 26, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 86 . . . .
division for three single family Appellant: Robert Johnson
homes on 1.02 acres. located at the CARLSBAD CITY COUNCIL
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19....
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19....
VItiNIiY RAP
CI 4217: July 26, 1966
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19....
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19....
I certify under penalty of perjury that the foregoing is true
and correct. Executed at Carlsbad Count of San Diego,
State of California on the ?lth
day of July, 1986
NOTICE OF PUBLIC HEARING
APPEAL OF MINOR SUBDIVISION NO. 730
NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad will hold a public
hearing at the City Council Chambers, 1200 Elm Avenue, Car&bad, California, at 6:00 P.M.,
on Tuesday, August 5, 1986, to consider an appeal of a City Engineer's approval of a
minor subdivision for three single family homes on 1.02 acres, located at the
southwest corner of Adams Street and Hoover Street.
If you have any questions, please call the Engineering Department at 438-5541.
If you challenge the Minor Subdivision in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice,
or in written correspondence delivered to the City of Carlsbad at or prior to the
public hearing.
APPELLANT: Robert Johnson
PUBLISH: July 26, 1986 CARLSBAD CITY COUNCIL
1200 ELM AVENUE
CARLSBAD, CA 92008-1989
Office of the City Engineer
TELEPHONE
(619) 436-5541
ditp of Qhrlsbab
June 26, 1986
Brook Olsen
27811 Tirante Mission Viejo, CA 92692
MINOR SUBDIVISION NO. 73a 1
Whereas a review of the conditions of the letter of preliminary approval was requested by E. W. Dominguez; and whereas a review
of those conditions was held with Mr. Dominguez and no changes to
those conditions were made; and whereas the requirements of the California Environmental Quality Act and the City of Carlsbad
Environmental Protection Ordinance of 1973 relating to the
subject proposed parcel map have been examined by the Planning
Director and declared to have a non-significant impact upon the
environment; and whereas negative findings delineated by Section
20.24.130 of the Carlsbad Municipal Code have not been made; and
whereas this minor subdivision is found to be in conformity with
the General Plan of the City of Carlsbad; therefore, a final
decision has been made to approve the subject tentative parcel map subject to the conditions
approval letter.
DAVID A\ HADSER
Assistant City Engineer Current Development Division
set forth in the preliminary
,,/ -“ L ,/’ / i
DAH:RJW:lch
1200 ELM AVENUE
CARLSBAD, CA 92008-1989
Office of the Cify Clerk
TELEPHONE
(619) 438-5535
4Citp of Carls’bab
TO: Carl Weaver, Eng. Dept.
FROM: Karen Kundtz, Deputy City Clerk
DATE: July 8, 1986
RE: Appeal - Minor Subdivision No. 730
The above item has been appealed to the City Council. Please determine
when the item will go to Council and complete the form below and return
it to the City Clerk's Office. According to the Municipal Code,
appeals must be heard by the City Council within 30 days of the date
that the appeal was filed. Please consider this when setting the
date for the hearing.
Thank you.
The appeal of the above matter should be scheduled for the City
Council Meeting of Avlu5J 5. /4%&J -
AgG&-cJ~~~A
Signature
7-5w-t3&
Date
1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008
Office of the City Clerk
Citp of Qhrla’bsb
APPEAL FORM
TELEPHONE: (714) 430-5535
I (We) appeal the following decision of the
City Engineer to the City Council:
Project name and number (or subject of appeal): MS 730
Approval by Engineer - Applicant would also ask for refund or
waiver of the $275.00 application fee.
Date of decision: June 26, 1986
Reason for appeal: lot sizes arenot 15,000 and zoning is R-1-15000
and approval is for building height to be 11 feet above Adams Street
which is not in accordance with the Agua Hedionda Lagoon Plan.
July 8, 1986 Date
.
z.
Robert Johnson Name (Please print)
1125 Cape Aire xddress
Carlsbad, CA 92008
729-0511
Telephone Number
1200 ELM AVENUE
CARLSBAD. CA 92008-1989
Office of the City Clerk
TO: Carl Weaver, Eng. Dent.
FROM: Karen Kundtz, Deputy City Clerk
DATE: July 8, 1986
TELEPHONE
(619) 438-5535
RE: Appeal - Minor Subdivision No. 730
The above item has been appealed to the City Council. Please determine
when the item will go to Council and complete the form below and return
it to the City Clerk's Office. According to the Municipal Code,
appeals must be heard by the City Council within 30 days of the date
that the appeal was filed. Please consider this when setting the
date for the hearing.
Thank you.
The appeal of the above matter should be scheduled for the City
Council Meeting of .
Signature Date
CITY OF CARLSBAD
1200 ELM hdENUE CARLSBAD, CALlFOhdlA 92008
438-5621
REC’D FROM DATE
ACCOUNT NO. DESCRIPTION AMOUNT
RECEIPT NO. RECEIPT NO. :Z ”
. . -I, -;. ,) I
I:.‘,.. I ,,,-. ,, c 1 I ‘. ,I I _ : ,..- I
I
I
I
TOTAL 1 I I
1200 ELM AVENUE
CARLSBAD, CALIFORNIA 92008
Office of fhe City Clerk
QLitp of 4!LarId~ab
APPEAL FORM
I (We) appeal the following decision of
City Engineer to the City
Project name and number (or subject of appeal):-
TELEPHONE: (714) 438-5535
the
Council:
MS 730
Approval by Engineer - Applicant would also ask for refund or
waiver of the $275.00 application fee.
Date of decision: June 26, 1986
Reason for appeal: lotsizes arenot 15,000 and zoning is R-1-15000
and approval is for building height to be 11 feet above Adams Street
which is not in accordance with the Aqua Hedionda Lagoon Plan.
Julv 8, 1986 Date
Robert Johnson Name (Please print)
1125 Cape Aire Address
Carlsbad, CA 92008
729-0511
Telephone Number
SCALE: I"=200
300' RADIUS MAP
OAKLEY G, PARKER , 3215 MAEZEL LANE
C~RLSBAD, CA 92008
(J-j (L) ;
Xr.& Mrs.Benton Caldwell / 'r.& Xrs. Robert Johnson 415.0 Xdaix Street +140 Adams Street Carlsbad,.CA-a2008 I I Carlsbad, CA 92008 /
Mr.& Mrs. David Nunez (4) i ' 1135 Cape Aire Lane Carlsbad, CA 92008 I I
Kayo Masuda (7) j
4561 Centinela /
Los Angeles, CA 90066 /
I
Robert & Helen Gwynn (10) ;
1719 Sombra Drive I
Glendale, CA 91208 /
I. (13) : Security Pacific 1lat.Bank :! P.O.Box 4382 Terminal Anlc Los Angeles, CA 90051 :I
(16) DaLjit & Elaine Sarkaria
P.O.Box 5168
(19)
Denver, Colorado 80217 ;
James Q. Newton, Jr;
C/O Colorado Natl. Bank
Mr.& Mrs. (5) ; Harry Sargent ! 1145 Cape Aire Lane Carlsbad, CA,92008
Antonio Monteleone (8) 1
c/o Rose Bolchini ! I 1925 Magdalene Wa San Diego, CA 921 0 T 1 i
(11) :
Barry Clark & Dolores Clark i 1125 Hoover Street I
Carlsbad, CA 92008 /
(14) ) Ione Elsner & Ruth Croddyl 1986 Fairlee Drive I
Encinitas, CA 92024 ! I
(16, 17) 'Daljit & Elaine Sarkaria P.O.Box 5996 Orange, CA 92667
San Juan Capistrano, CA 92675 /
(20) Elizabeth M. Von Herzen 33911 Via De Agua
(3)
Albert Trontiera Joseph P. Sandy 1205 Magnolia Street Carlsbad, CA 92008
(6) Mr.& Mrs. Shaw Sakamoto 11101 Sunset Blvd. Los Angeles, CA 90049
J A JR d K'thy Galla$Lr li65 Hoove: Street Carlsbad, CA 92008
(12) / Ida Boyce & John Boyce & Robert Bo ce 9255 Imperia Highway I Downey, CA 90262
(15) j Charles MC Carver 1756 Dora Drive Cardiff, CA 92007 I
Patrick Milligrin (18) ;
3289 Westwood Drive ' Carlsbad, CA 92008
(21) i Mr.& Mrs. James Brandau i 220 Earle Drive N. Kingston, RI 02852