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HomeMy WebLinkAboutV 252; LA COSTA LAND CO; Variance (V)I, .. CITY OF CARLSBAD APPLICATION FOR A VARIANCE AS PROVIDED FOR IN CHAPTER 21.50 OF THE CARLSBAD MUNICIPAL CODE FILING FEE RECEIPT NO.______ VARIANCE NO. NO. (For Office Use) DATE: TO THE PLANNING COMMISSION OF THE CITY OF CARLSBAD: I. Request is hereby made for a variance on property described as: (Exact Legal Description) Portion of pending tentative map, C.T. #75-6 proposed lots 27,61,63,67,68,77,78,93,96 for the purpose of relief from the strict and literal interpretation and enforcement of the Zoning Code by allowing the land to be divided using the configuration known as the "panhandle" lot. This type of lot will help to preserve the rural atmosphere ofthe surrounding property. All the houses constructed on the panhandle lots and surrounding lots will be custon designed and-placed-on-the-lots by the prospective occupants. as provided for in Chapter 21.50 of the Municipal Cede of the City of Carlsbad. The property described in this application is located in the R.D.M. 14 Proposed R-1-10,000 Zoning District. (Exact Zoning Classification) The present use of the property described herein is graded pads awaiting sale to prospective homeowners desiring to construct a custom home. APPLICATION FOR VARIANCE The property described herein is addrcssed as Alicante Hills and is located on the North andSouth side of Aifil (North,South,East,West) (Name between Altisma Way and San Marcos Canyon of Street) (Name of Street) (Name of Street) II. I the undersigned state that I am the (I am, We are) Aent for the owners of the property described herein and hereby give tQwner,O ) My authorization to the filing of the application. (My, Our) La Costa Land Company, An Illinois Corporation Name By: Burton L. Kramer Vice President (Typed or Printed as shown on Recorded Deed) Signature L. nga. Name (Typed or Printed as shown on Recorded Deed) Signature Name (Typed or Printed as shown on Recorded Deed) Signature Name (Typed or Printed as shown on Recorded Deed) Signature Name Typed or Printed as shown on Recorded Deed) Signature Name (Typed or Printed as shown on Recorded Deed) Signature Name and Address of Applicant and/or Owner and/or Owner's Authorized Agent: La Costa Land Compan Costa Del Mar Road Carlsbad, California 92008 Attention: Burton L. Kramer -2- APPLICATION FOR VARIANCE III. THIS APPLICATION FOR A VARIANCE ON THE PROPERTY DESCRIBED HEREIN IS SUPPORTED BY THE FOLLOWING REASONS: 1. The exceptional or extraordinary circumstances or conditions applicable to this property do not apply generally to the other property or class of use in the same vicinity and zone are: This variance is to allow use of "panhandle" lots which are permissable in the "R" zone only after variance procedure. The steepness of the terrain and the desire to conform to the existing topography make the panhandle lots particularly useful onJthis site. 2. iiis variance is necessary for the preservation and enjoyment of .a substantial property right possessed. by other property in the same vicinity and zone but which is denied to the property in question becausethe property is proposed to be zoned R-1-10,000 rather than Planned Community.Due to the requirements of the City Ordinance, these lots cannot be considered as a part of the tentative map procedure. 3. THE granting of this variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the same vicinity and zone in which the subject property is located because The entire subdivision of which these lots are a paft is being designed to provide the future occupants with the most desirable environment in which to reside. 4. THE granting of this variance will not adversely affect the comprehensive general plan because this design tool is employed to preserve the existing rural development sOheme along the west side of San Marcos Canyon. -3- PLICATION FOR VARIANCE 5. THE adopted general plan of the City of Carlsbad recognizes the property described in this application for Residential (Commercial, Residential, use of land. Industrial, etc. The California State Government Code S 5 65906 states that a variance from the terms of the zoning ordinance shall be granted only when, because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification. A variance shall not be granted for a parcel of property which authorizes a use or activity which is not otherwise expressly authorized by the zone regulation governing the parcel of property. AFFIDAVIT STATE OF CALIFORNIA ) ) 55 COUNTY OF SAN DIEGO ) I Burton L. Kramer being duly sworn depose and declare to the best of my knowledge that the foregoing is true and (My, Our) correct under the penalty of purjury: EXECUTED AT (City) (State) DATE: (Month) (Day) (Year) 0 -4- kPPLICATION FOR VARIANCE . . . APPLICANT, OWNER AND/OR OWNERS' AUTHORIZED AGENT: La Costa. Land Company By: BurtcnL. Kramer Vice Pres. (Print Name) Costa.Del Mar Road (Mailing Address) Carlsbad,- California 92008 (City and State) .•(• )714-729-9111 (Area Code)(Te.lephone Number) SUBSCRIBED AND SWORN TO BEFORE ME THIS .. DAY OF /1112 i) ,Q En . (Notary Public) MILDRE NOTARY PUBLK - CALIFORNIA SAN DIEGG COUNTY 849 N. Beech St. !scondklo, CA 92026 I 0 1 too& SCALE SUBJECT' PROPERTY .Case No.\/_Q52 Date Rec'd:-$7S DRC Date_3-7O-7 ~3 Description of Request: -10 ApL'( L--t- aress or Location of Request; ,1)_5_°<j _,C osee.0, 40 -' _, 2/S _LJ , 9_ _zJ r_ L Applicant: 5 -A L4,.JI U Engr. or Arc h. - Brief Legal : 2 oJRP_j '. 4e—, C Assessor Book: ____________ Page: '/47 Parcel:_______ General Plan LUseDeiption: Existing Zone: Proposed Zone: c-)__/ _0.0 DU's __DU/A Acres: _No f Los _ _____________ School bistrict: U,JJJ_)i49 Water Sanitation Distric 4 _______________ tIithin Coast Plan _____Coast Permit Area: A A/v • Pçv NOTICE OF PUBLIC HEARING Re: Zone Change, Variance and Tentative Map NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Carlsbad will hold a Public Hearing on Wednesday, September 10, 1975 at 7:30 P.M. in the Council Chambers, 1200 Elm Avenue, Carlsbad, California to consider: ZC-167, A.change of zone from RDM to R-1-10,000; V-252, A request for variance to allow NINE panhandle lots, using substandard lot frontage; CT-75-6, Request for approval of a tentative tract map consisting of 84.48 acres, 113 lots; All on property located on the north and south side of Alfii Way between Altisma Way and San Marcos Canyon, and more particularly described as: That portion of Map No. 7784 on file with the County Recorder, Portion South Half of Section 25, T 125-R4W - SBM and more particularly described in the files of the City Planning Department. Those person wishing to speak on this proposal are cordially invited to attend the public hearing. If you have any questions, please call 729-1181 and ask for the Planning Department. APPLICANT: LA COSTA LAND CO. Publish: August 28, 1975 Q4 All CITY OF CARLSBAD PLANNING DEPARTMENT /H SUBJECT---' PROPERTY o 1 P000, SCALE .1.1 ..' DAT .'JL Ib A Carlsbad, California 92008 P.O. Box 248 (714) 729-2345 STATE OF CALIFORNIA, . COUNTY OF SAN DIEGO, I am a citizen of the United States aid a resident of the county aforesaid; I am over the age of twenty-one 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, printed and published 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 sub- scription list of paying subscribers, and which newspaper has been established, printed and published at regular intervals in the said City of Carlsbad, County of San Diego, State of California, for a NOTICE OF period exceeding one year next preceding PUBLIC HEARING . Re: zone Cliange,.' •' the date of publication of the notice hereinafter Variance and Tentative Map, referred to; and that the notice of which the 'NOT10E'lS HEREBY GIVEN thatJ1e annexed is a printed copy, has been published Planning Commission of the City or .Carlsbad will hold a Public- Hearing 0n: in each regular and entire issue of said news- Wednesday, September 10, 1975 at 7:30', .P.M.intheCouncil Chambers, l200Elm paper and not in any supplement thereof on Avenue, Carlsbad, California to cong. si1er: the following dates, to-wit: ZC-167, A change ofzone from RD-M - to Ri1-10,000;' '. .' ,• V.252, A request for variance to allow NINE panhandle lots, using substandard lot frontage.' -, - - Auus t 28'' 1 9 7 CT-75-6, Request for approval of a tentative tract map consisting ot 84.48 acres, 113 lots; - • All on property located on the north and south side'ofAlfil Way between Al- tismaWaysndSanMarcosCanyon, and. .....................................19 . I particularly-described as......4 That portion of Map No. 7784 on file with the County Recorder, portion south half of Section 25,T 125-114W' SB11and more particularly de-' .....................................1 9 . scribed in the R -- riles of the City Plan' ning Department - - Those persons wishing to, speak on' this proposal are cordially invited to, attend the public hearing. If you have;.................................... ..1 9 . . any questions, please call 729-1181 and- ask for the Planning Department Applicant; LA COSTA LAND CO. CITY OF CARLSBAD PLANNING DEPARTMENT J 114: August 28, 1975 , , , ...... . ............................................1 9 . - I certify under penalty of perjury that the foregoing is true and correct. Executed at CarIsbacJ, County of San Diego, '•' State of California on the _______2i - day of. August . . 1975 Clerk of the Printer JECT v -s.5 : 1 CITY OF CARLSBAD 'ENVIRuNMENTAL PROTECTION ORDINANCE OF 1972 • • DECLARATION OF NEGATIVE (NON-SIGNIFICANT) ENVIRONMENTAL EFFECT - ( . APPLICANT 4/7 &Q,)IJ zw) TYPE OF APPLICATION:ZOL) PERMIT AND/OR FILE NO. C75-) THE ENVIRONMENTAL IMPACT ASSESSMENT HAS BEEN RECEIVED FOR: PROJECT DESCRIPTION /JfL5 PROJECT. LOCATONQ7- i~ f QJ "A4 -'s# P . r I declare that I have examined the information for the above project as submitted by the applicant, and on the basis of the Environmental Impact Assessment questionnaire on file in my office as a public document, it is my deterniThatioii that thi.s project will not have any significant impact upon the environment within the meaning of the. California Environmental Quality Act f 1970. and the tI u-u,. #. IJ • • /j A. I Environmental Prôtction Ordinance of 1972 for the following reasos: • (L)T r L5 P3 JE$t)tT P/€V/ø U4' .J .: The Environmental Impact Assessment will be available for public review and comment for FIVE DAYS from date. • • O.NALD A. AGRTEP Planning Director DATED : (. Rev. 3/31/75 E.I.S.Log No. a. a LEUCADJA COUNTY WATER DISTRICT 1959 EL CAMINO REAL. LEUCADIA, CALIFORNIA 92024 . 753-0155 --- rT August 27, 1975 tli : J 1 .L.." AUG29 1975 CT( C? CpLS? anflflg D6partmefl City of Carlsbad Planning Department 1200 Elm Avenue Carlsbad, California 92008 Re: CT 75-6, V-252, ZC-167 Gentlemen: This is to advise you that the real property known as Alicante Hills owned by La Costa Land Company is located entirely within the Leucadia County Water District and that sewer service will be available to each parcel of the proposed re-subdivision when arrangements are made for installation, by the subdivider, at his expense, of the necessary additional sewerage system to serve the property. The Leucadia County Water District will furnish sewer service to said development upon the granting of additional sewer easements, if necessary, and payment of the applicable connection fee charges, service lateral fees and monthly sewer service charges Yours very truly, LEUCADIA COUNTY WATER DISTRICT Richard E. Hanson Secretary-Manager REH/jrg cc; Rick Engineering, Inc. La Costa Land Company . p • PLANNING COMMISSION RESOLUTION NO. 1186 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD APPROVING A VARIANCE FROM SECTION 21.10.080 WHICH REQUIRES 75 FEET OF STREET FRONTAGE FOR EVERY LOT IN THE R-1-10,000 ZONE DISTRICT, ON PROPERTY LOCATED ON THE NORTH AND SOUTH SIDE OF ALFIL WAY BETWEEN ALTISMA WAY AND SAN MARCOS CANYON. CASE NO.: V-252 APPLICANT: LA COSTA LAND CO. 6 7 WHEREAS, a verified application for a certain property, to wit: 8 All of Carlsbad' Tract No. 72-25 (Alicante Hills) according to Map thereof No. 7784 on file, in the Office of the County Recorder 9 of San Diego County and a portion of the South Half of Section 25, Township 12 South, Range 4 West, San Bernardino Meridian according 10 to the official plat thereof in the City of Carlsbad, County of San Diego, State of California ii 12 has been filed with the City of Carlsbad and referred to the Planning Commission; 13 and 14 WHEREAS, said verified application constitutes a request as provided by 15 Title 21 of the "Carlsbad Municipal Code"' and 16 WHEREAS, the public hearing was held at the time and in the place specified 17 in said notice on September 10, 1975; and 18 WHEREAS, the applicant has complied with the Public Facility Policy of the 19 City of Carlsbad and has provided the necessary information which insures Public 20 Facilities will be available and current with need; and 21 WHEREAS, the subject application has complied with the requirements of the 22! City of Carlsbad "Environmental Protection Ordinance of 1972"; and 23 WHEREAS, at said public hearing, upon hearing and considering the testimony 24 and arguments, if any, of all persons who desired to be heard, said Commission 25 considered all factors relating to the Variance and found the following facts 26 and reasons to exist: 27 (1) There are exceptional conditions present to the project site not 28 V\° present in the same vicinity and zone because: S . a) The size of the project site is sufficient for the number of lots proposed, but the shape and topography of the site does not allow full street access to all lots. (2) The Variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone, but which is denied to the property in question because: a) The property in the same vicinity and zone has enjoyed develop- ment at the density proposed for the subject property. (3) The granting of the Variance will not be materially detrimental to the public welfare or injurious to the propert' and improvements in the vicinity and zone in which the project is located because: a) The lots so created are relatively large and therefore will permit the mitigation of the problems associated with lots of substandard frontage. (4) The granting of the Variance will not adversely affect the comprehensive General Plan because: a) The overall project of which the Variance is a part is in conformance with the policies and intent of the General Plan. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) That the above recitations are true and correct. B) That a Variance from Section 21.10.080 requiring 75 feet of street frontage for every lot in the R-1-10,000 Zone District be approved on property located on the North and South side of Alfil Way between Altisma Way and San Marcos Canyon, and is subject to the following conditions: 1) The approval is granted for the land described in the application and any attachments thereto, and is shown on the Plot Plan submitted labeled Exhibit A, dated August 5, 1975, except as otherwise indicated herein. 2) This approval shall automatically become null and void upon expiration of CT 75-6. 3) The flag lots enabled by this approval shall have graded driveways as approved by the City Engineer. Prior to issuance of building permits, provisions for the paving and other development of driveways within the panhandle portion of flag lots shall be made to the satisfaction of the City Engineer in accordance with City Council policies. :i. 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 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 . A0 PASSED, APPROVED AND ADOPTED at a regular meeting of the City of Carlsbad Planning Commission held on September 10, 1975 by the following vote, to wit: AYES: Commissioners Watson, Dominquez, L'Heureux, Fikes, Packard, Jose and Larson NOES: None ABSENT: None ABSTAIN: None ATTEST: &Z &~~ z Donald A. Agatep, Sec 3-.