HomeMy WebLinkAboutCT 98-18; Carnation Property; Tentative Map (CT) (25)JLJL-06-1999 13=59 CITY OF CftRLSBflD 760 720 9461 P.01/09
City of Carlsbad
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Special Instructions;
1200 Carlsbad Village Drive - Carlsbad, CA 92008-1989 (760) 434-2821
JUL-06-1999 13=59 CITY OF CfiRLSBflD 760 720 9461 P. 02/09
13AGENDA HEW *ullly o r *VW
Carlsbad City Council C!
1200 Carlsbad Village Drive , -
Carlsbad f CA 92008 Cily ManagerCity Attorney
Re: ZC 98—11- LCPA 98- City Clerli
08-CT-98-18 CDP 08-18 ,^_^^_p<ICDP 98-85 H.D.P. 98-20 _
Dear sirs:
The undersigned takes exception to the Hillside
development permit constraints nap in the following issues.
1. The easenent notes #4 & 8 dont aention these documents
as a "Pro-Qnid-Quo" convenant vherein the Grantor exchanged
Bights of Way for construction and dedication of a collector
Public Road. (Please see Exhibits 1/2,3 attached)
The costs for conversion of Blade Rail Road froa a
secondary to collector road should be entirely horn by
the developers and no further assessments aade against
existing owners.
2. This issue is the construction of a 6 foot high
aasonry vail along the east property line of the sub-
division. (The vest edge of Black Rail Road.)
This wall vould block the view of the Pacific Ocean to
the vest and is contrary to the Hillside developaent
paraaeters. City staff managed to convince the planning
coaaission that the City had no ordinances regarding
view sheds.
WRONG !!!
The Hillside ordinance protects any natural resources and
view sheds as shown and high lighted in exhibits 4 and 5,
on page 2 of Hunsaker and Assoc. Hillside constraint naps
the vertical scale has been so compressed (1"=SO') that it
apppears as flat as a billard table when in reality the
slope is quite substantial. See exhibit 6.
JUL-06-1999 13=59 CITY OF CftRLSBflD 760 720 9461 P.03/09
I find it difficult to understand why a fastfooted developer
from Irvine, CA can con to Carlsbad and build a replica of the
Berlin Wall along a quarter »ile of Black Rail Road which
obstructs the view of the ocean not only those living easterly
but the public in general, while in nearby Del Mar to plant
a single tree that obscures the Pacific Ocean is a capital
offense.
G. S. Mooref Jr.
9ft
Guy 3 Moore Jr
6602 Black Raft Road
Carlsbad, CA 92009
USA
JUL-06-1999 14=00 CITY OF CflRLSBflD 760 720 9461 P. 04/09
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174500
CHAHT OF EA5EHEKT /7 <•/•
CORDON 0. OLTOH and «*»* JANE OLTOW, hi* »if«, do
ftertby trant tn FRANK H, ATBES i SON. • corpor»tlon, »n c»*o-
•nnt for roidwar purport and rl«ht-of-««JT (or tn«tt!Utlen
of public utiiitlr* and plprMnei oy»r property •ituitttf In
the County of 8»n Utceo, Stit« of C»Ufo»-nIt, described ••folio**:
Portion* of section ai md Srctlan 21 «t
To«n*hip 12 South, H»nfi> 4 »>»t, SBBM, County of
Sin DUto, Jtate of California, d*fortb*d «• follo««t
B4>ftnnlPI! it thr lflt*nr«tlon of th* Nortll-So«th
contor linr of miO 9«etlonn 23 «m» 27 «lth tliv Southerly
boundary "^ S*«tioi» 23 tbfl"* «l«e th» Kortberly bound iry
of Section 37) tnenec at right •(!(!*• with laid ctntcr
line Bt»trrly 30 fi»i»lj tbrne^ Northerly pirallrl with
• •id e«-«trr llnr rtnp frrt| thrne*. ««oti»rly. it rifbt
incU* »ith tajil crntrr llnr «o frrt> tb«nee Simtborty
parallel with «ald crntcr Mm? JBIO f»ct{ th>ne» At
j-ilht anglra with nald cnnt«>F lln* 3D feet to nld
cpntor tlnr; thrner Knrthrrty alone »»l«l 'ernter lino
1330 frot mnr<- nr Imn to pMat of brflnnlnc.
to hi- 'toed by lb<- Crant«xr, to<rlhrr with other* and thi, public
in C" "«•«•»!. fnr nuch rnadway piirpoarn and rirht»-of-»iy for
inataiiatlnn »r piibiif nUUtim and pipciino*, with thr full
povrr »r»\r«i in tli«- Orantrt- t« Rrant or rtedicatf nuch rai«>«ent
or rlel»l"»f *»*y '" Jl|y imullo U«'ly an ? public ntrrrt and thr
rlKht to ({rant to niitrrn iJir rlfihl to »jy pipp I ln«-» or inntall
utllttlr* of th«- UKiidl hind over »atd prnprrty.
Datpdt . "
GORUON u. OI.TOK
•
fli.TON
STATE Or CAMPUMKIA, >
:
County «f ^an >H>-RI>. }
v ' •• On •-?-, fi-r.i.fn - inso. bfforp mr>, thr umlpr-
iixl (nr n« lit Cfninly anil Jtalp, pi-r-I, • Nn't'-iry i'«li 11
ly »|i|u-jrr'l tiillllM^i II. (II.TI1N anil M.\HV JAKII Ol.TUN, Hnn»n to
if. to bn thr- i» |>. iinn «li!>i,i nam « trr itihacr I lit rl t" tli'4 vllhln
•jintl rfi'l.ii'A li >i|<i>i| llial llipy pvrut'il thr> xani .
\ilTM. ' " ;,•<(" .1 M<| "I (trial i;i a I .
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JUL-06-1999 14=00 CITY OF CflRLSBflD 760 720 9461 P.05/09
•••;;.:. •'•
war- ••
','.*. . •$ '-136S
AFTER RECORD I MS HAtL TO: ' ' '
Woodslde/Kubota i Associates, Inc.
P. 0. Box 1095 v:': . .... .
Carlsbad, California 92008
-77-003507.IOOK 1ST?
Sheet ]j> of
Right of War HOT CHW.D 76-1C8
Jn 5
OFFICIAL
'"''SaVtV-MtCCOIBEl
OF RI6HT OF
FRANK H. ATRE5 t SON. A Corporation
NO rtE RBJUtREB PER COVDWMEW'
. as Grantor, for and In considera-tlen of the SLJ of On* Dollar and other valuable considerationpaid by CARLSBAD MUNICIPAL HATER DISTRICT, a aunieipal water dis-trict organized and existing under the Municipal Water District Actof 1911, as attended, as Grantee, receipt hereof is hereby acknow-ledged; do hereby grant to said CARLSBAD MUNICIPAL WATER DISTRICT.Us sveeessors and assigns, an easeaent of right of way *»»*/feet in width In, upon, over, under, and across the lands herein-after described, to erect, construct, reconstruct, replace, repair,•aintaln and as* * pipeline or pipelines for any and all purposes.together with their necessary fixtures and appurtenances including
but not linited to conduits and cables for power transolssion andcommunication purposes, at such locations and elevations, upon,along, over and under .the hereinafter described right of way as
Grantee way now or hereafter detai convenient and necessary froatine to. tine, together with the Hght of ingress thereto and egressthe re froa. to and along said right of way by a practical route orroutes, in upon, over and across the hereinafter described lands.together with the right to clear and keep clear said right of wayfroa explosives, buildings and structures.
The center line of said easaent of right of way Is particularlydescribed as follows:
Beginning at the South Quarter Corner of Section 22, Township 12South, Range 4 vest, San Bernardino Meridian, according to UnitedStates Governaent Survey approved April 21, 1890; thence northerlyalong the North-South center! Id* of said Section 22. 990 feet, aore
or less, to the northwest comer of the SouthWst Quarter (SW 1/4}
of the Northwest Quarter (MH 1/4) of the Southwest Quarter (SW 1/4)of the Southeast Quarter (S£ 1/4} of said Section 22. said pointbeing the TRUE rOlMT OF BESINItlNG: thence Southerly retracing theNorth-South center! ine of said Section 22, 990 feet aore or less.to the intersection with the Northerly line or Section 27, Township12 South, Range 4 Vest, San Bernardino Meridian, according toUnited States Governaent Survey approved April 21, 1890: thencecontinuing Southerly along the North- South eenterline of saidSection 27. 1.320 feet.
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eft
JUL-06-1999 14=00 CITY OF CflRLSBflD 760 720 9461 P. 06/09
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Sheet 2 of 4 'Right etTHy Ho. CHW Jji-t_QiJ
The easement 'herein granted Is subject-to grantor's" reserved andexcepted rights to construct, pave and maintain; a street or highwayever the surface'of same and'to Install?end'maintain other utilities'therein and to grant'the right.to others.'tojley-pipelines or .Install'"public-utilities ever, said property:and/or to grant ordedicate sued eascmnt or right of;way to; any pobllc^ody as a- public streeti^such;grants :oir dedications'to,be; Mde;iui»Jectr:j'
to^tht herein granted easement. • .. •* 'i-J:';-:;^/•••-A.-^'' »'. •
Grantor agrees that no other easement or nsemts. except thehereinbefore specifically designated easements or grants shallbt granttd. on. nadir, or ovtr said it.r1p,of.Jand,bjr Grantor..«1thoatth§ prtvlous-vrlttM.ciBNSMtlBf «rantoov.^'j^;^"-.%:7y-*vv":'.' .•'•'^-.v-.--
Grantor and their successors In estate shall not erect or
structure, plant any trte.tr trots, or drill anjTWell or wells,within the.limits of~sI1d right of way. . .
Grantee shell nave tho rigat to erect, maintain and use gatesIn all fences which now cross or shall hereafter cross said routeor routes, and to trim and cut and clear away any trees and brushwhenever In Its judgment the same shall be.necessary for the con-venient and safe exercise of the rights hereby granted, the rightto transfer and assign this easement In wtftl_e_»r_<n_pajt being
hereby granted to the Grantee. ' ~~ ,,,. y
It 1s also understood and agreed by the parties hereto that theGrantor and their successors or assigns.- shall.net Increase or ..decrease. »r permit to bo insMiied OP «e_ejea.m> the existing **ground elevations of the above descHbYd right of way, existingat the time tals document is executed, without the previous written
•consent of the Grantee. ...
IN U1TRE5S VHERCOF, the firaatorthis IX day of
ExiCBtid In the fresenee of:
execvted tbese presents
FRANK I. ATRES 1A Corporationvitness
Hltness
.f--'
T.Vri
*«:>
KOTAftlES - USe PROPER FORM"yp*i
*:^cl-
JUL-06-1999 14:01 CITY OF CfiRLSBAD 760 720 9461 P.07/09
E. Vltw prtstrvatlon and enhancement:
Ont of tha major focuses of Carlsbad's Hillside DevelopmentRegulation* Is to assure development sensitivity considers
the yjjw the City will have of the Hillside OevetopnentT
There are almost as many ways to do this as there are
hillsides. The following Illustrations show some standard
design solutions. Other designs can also creatively and
sensitively assure the views of hillsides and from hillsidesare aesthetically pleasing. Sonet1wes the best way to get
an understanding of view preservation/ enhancement is to
view from the hillside and write down what areas of the Cityyeu can see. Then go to those places and look up at thehillside area. What is good about the view to the hillside?
How can development be designed to assure the view to the
hillside Is enhanced and attractively blonds Into or is
hidden within the natural hillside environment?
VIEW ENHANCED
FROM HILL1IOI SITE
see
490
LANDSCAPING OP HlUSIPE
3COPEe MAMIt HILL9IOE
^«C4U • tt'.f'ta' i frf'f
,4
JUL-06-1999 14=01 CITY OF CPlRLSBflD 760 720 9461 P. 08/09
ZC 98-1 1/LCPA 9/CT 98-18/CDP 98-85/HDP 98-20 - CA\TION PROPERTY
May5, 1999
the Coastal Program. An Agricultural Conversion Mitigation Fee will be applied as a condition
of approval.
The proposed project is in compliance with the requirements of the Local Coastal Program.
Hillside Development Permit
Chapter 21.95 requires that a Hillside Development Permit accompany any development
proposal which involves slopes of greater than 15 percent and an elevation differential greater
than 15 feet in height. A Hillside Development Permit may only be approved if the six hillside
findings" can be made.
The first two findings require that hillside and undevelopable areas have been properly identified.
The proper identification of these circumstances are provided through the project submittal in the
form of a hillside conditions exhibit and a constraints exhibit. Both exhibits were provided as
required. Approximately 0.02 acres are comprised of slopes greater than 15 percent, however
there is " d<ip*-
The third criterion is that the development must be consistent with the purpose, intent and
requirements of the Hillside Ordinance. The stated purpose and intent of the ordinance includes
the avoidance j>f substantjaJ damage ^ or alteration of significantTTnataral resource areas;
preserxaflLorjL oLjhjg^natural appearaQce^o^ hiirsutes: consistency with the Open Space and
Conservation Element of the General Plan; prevention of erosion and protection of the lagoons
from excessive siltaiion; and assurance that development is compatible with existing topography.
Generally, the project site does not have any significant natural hillside resources. The proposed
grading includes terraced pads which follow the site's natural slope progression from the low
point at the south west to the high point at the north east. The project site is not located within a
General Plan designated significant open space area and will therefore not have any impact on
open space, Erosion control is a standard function of the grading permit process and compliance
will be assured through conditions of approval. The project is consistent with the purpose and
intent of the Hillside Ordinance.
Criterion number four requires that no development or grading will occur in those portions of the
propeny which are undevelopable pursuant to the provisions of Section 21.53.230. The
undevelopable lands include beaches, permanent bodies of water, floodways, slopes greater than
40" o. significant wetlands, riparian or woodland habitats, land subject to major power line
easements, land upon which other significant environmental features are located, and railroad
track bods. The project site does not include any constrained undevelopable lands.
The fifth and _suah criteria relate to the project's design. j:he__
minimize disturbance to hillside lands and substantially conform to the inlenLQOhe .concepts
illustrated in the hillside design guidelines manual.
U x I I