Loading...
HomeMy WebLinkAboutV 255; GROSSE, RUSSELL; Variance (V)CITY OF CARLSBAD Revised 6174 APPLICATION FOR A VARIANCE ASPROVIDED FOR IN CHAPTER 21.50 OF THE CARLSBAD MUNICIPAL CODE FILING FEE RECEIPT NO._______ VARIANCE NO. (For Office Use) DATE: TO THE PLANNING COMMISSION OF THE CITY OF CARLSBAD: 1. Request is hereby made for a variance on property described as: (Exact Legal Description) SEE ATTACHED EXHIBIT "A't for the purpose of relief from the strict and literal interpretation and • enforcement of the Zoning Code by allowing a requested minor sub- division to be processed without the requirement that each lot front upon an improved public right of way as set forth in Title 21, Chapter 21.04.210 . ..... as provided for in Chapter 21.50 of the Municipal Code of the City of Carlsbad. •;•. The property described in this application is located in the Rl 10,000 . Zoning District. (Exact Zoning Classification) The present use of the property described herein is residential, single family detached, one unit per _10,000 sq. feet • me i 0 0 APPLICATION FOR VARIANCE The property described herein is addressed as 5850 & 5870 Sunny Creek Road and is located on the North & South side of Sunny (Nbrth,South,East,West) (Name Creek Road between and of Street) (Name of Street) (Name of Street We the undersigned state that we are the (I, We) (I am, We are) owners of the property described herein and hereby give (Owner, .Owners) (Authorized Agent) our authorization to the filing of the application. (My, Our) Name Russell W. Grosse (Typed or Printed as shown on Recorded Deed) Signature Name Mary E. Grosse (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: -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: SEE ATTACHED EXHIBIT "B" 2. THIS 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 SEE ATTACHED EXHIBIT "B" 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 SEE ATTACHED EXHIBIT "B" 4. THE granting of this variance will not adversely affect the comprehensive general plan because SEE ATTACHED EXHIBIT "B" I - -3- 0 APPLICATION 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 565906 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 ) ) SS COUNTY OF SAN DIEGO ) Grosse Russell W. Grosse & Mary E. - , being duly sworn depose and declare to the best of our knowledge that the foregoing is true and (My, Our) correct under the penalty of purjury: EXECUTED AT Carlsbad California (City) (State) DATE: August 19 1975 (Month) (Day) (Year) -, APPLICATION FOR VARIANCE APPLICANT, OWNER AND/OR OWNERS AUTHORIZED AGENT; Rus 1 Grnqqp 0 YnV m Mary E. Grosse (Name) (Sig ature) (ignxiirq 5850 S,uzrnv. Ck Road Nai1lflg icidress Carlsbad, California (City and State) 14) 729-4742 (Area Code) (Telephone Number) SUBSCRIBED AND SWORN TO BEFORE ME THIS 19th DAY OF August 1975 4 (Notary Public) Dolores F. Brown \ , L.H. , I In -5- Al! that portion Carlsbad lüt i of ii i.c: iied - a • ZtO )I U in the C ir 0 County e of L1 i. ala cordi to flap thereof No. ;23 fileJ in th ~. ffic of the Recorder of said County, Nov her lo L30 cscribed a-; follows: Cc-ruencing at the corner of lot--, and i) on the Northerly boundary line of said lot B; thence South 20 °I9 1 ic est Z273.7 feet; thence South 20031130t west £53.95 feet (553.20 feet ; record) to the Northwesterly corner of the land )escribed in deed to Palo ma r Vista Ltd., recorded June 15, 1è6I as Docunent No. 103235 of Official Records, being the true poiot of iiiuin; thence North 290 57' East 99e45 feet; thence South 10 °2' vive s t 1905.49 feet; then.cc North 7932 1 00" West 150 feet; thncc Northerly in a straight line to the Southeasterly corner of land described in D eed to K . L. Lbrigbt, et ux, recorded February l, 19(6 as bocuient No. 29332 of Official Records; thence along the Easterly and Northeasterly bou ndary of said iThright's land North 12l00* Last 445.26 feet and North 59 °5'30" West 660.98 feet to the iiastcriy boundary of land described ju heed to Ethel H. Wilson, recorded June 23, 1958 in Book 7134, pane 290 of Officia o n l ecrds; thece 1ong the Easterly and iortherly boundary of said'Wilson's land North 20 °31'30" East 535.71 feet to the Northeasterly corner thereof thence South 89 °57' ilest 324 feet to a line w hich bears iouth 20 31 30' best from the True Point of Beginning; thence North 200 :;i ':c" Last 390 feet to the True Point of ic inning. I I 6 III 1. ....are: This 25 acre parcel of real property was annexed to the City of Carlsbad in the early 1960's pursuant to a strip annexation policy which was designed principally for the pur- pose of allowing the City of Carlsbad to grant to the Carlsbad Raceway a Conditional Use Permit and also to run a strip of City of Carlsbad property as far out into the East as possible during a period of time when both the City of Vista and the City of Oceanside were actively annexing property in the general area. At the time of such annexation, there was no possibility, and there continues to be no possibility that the City of Carlsbad can provide any services to this property by way of streets, sewers or water. The property is bounded on the north, east and west by County property. 2. of the property in the same vicinity and zone in which the subject property is located is County property and the parcel split requested by applicant herein would be granted without the stringent requirements required by the City of Carlsbad which generally apply in a situation where there is a larger degree of development than has occurred in this area. Other parcels of real property that have been annexed to the City of Carlsbad have been annexed at such time and place when the City of Carlsbad was prepared to bring services to the property on a basis which would justify the devleopment of the property with curbs, gutters, sewers and sidewalks. Since no such facilities are available to this property, the parcel split requested by the applicant should be granted so that it could develop in its rural character, the same as if it were in the County, since, based upon the normal criteria of annexa- tion to a'-city, the City of Carlsbad is not in a position to provide the necessary facilities. 3. ....the variance requested by applicant is not a variance of the size and shape of the lot to be generated by the parcel split but only as to the nature of the improve- ments to be made as a condition of the obtaining of said parcel split. The character of the property in the area is rural and the property owners desire that it continue to maintain its rural character and the fewer improvements required for the development of the property in the way of streets, curbs and gutters, the easier it will be to maintain this atmosphere. 4. ....the density and lot size of the parcel map is well within the comprehensive general plan and the property does not affect in any way any current foreseeable roadway system. EXHIBIT "B" ---j .. •: 37 -1 2 , S 0 ,i t7 • , \ / \ \ \ \ : - (, .. .. I •./L .; f Al $ " '\ I /? • / ( . ' _i . ;/::!A /S < \ \ -y••___ 'U :/ \\ \ ' ) ,/ j ( '- . \_ , \ : -• , , . c \ 2 1 k •.' •_, , ., " \ \ 1%J ........ ..... ..... .... - t I . r' . ...-... I I ,., . t . I ( •... r : • ::..•.•.•• . I • _•\.._ . . . ' . .. . 4;t . .- , . , . C • , •._ .. . S , , •_ I ( \) \ I ( '1 AL / I IA! flIt :1 5; C - •1 • NOTICE OF DETERMINATION TO: SECRETARY FOR RESOURCES FROM:- CITY OF CARLSBAD 1416 Ninth Street, Rm. 1311 Planning Department Sacramento, CA 95814 1200 Elm Avenue • Carlsbad, CA 92008 COUNTY CLERK • County of San Diego 220 W. Broadway San Diego, CA 92101 SUBJECT: Filing of Notice of Determination in compliance with Section 21108 or 21152 of the Public Resources Code Project title Log number I Contat person / • • - - Telephone Pro Location • •7 7l __ Project Description This is to advise that the City of Carlsbad has made the following determination regarding the above described project: • . 1. The project has been roved by the Lead Agency. • • ED disapproved • 2. The project EJwj.J1 have a significant effect on the. environment. t -i11 not • . 3. An Enviornmental Impact Report was prepared for this project pursuant to the provisions of CEQA. • . • - /,—Negative Declaration was prepared for this project pursuant to the provisions -of CEQA. A copyof the Negative Declaration is a tached. Date receved for filing Sli c::i;• 4? TT>I /6 NOTICE OF DECLARATION OF NON-SIGNIFICANT ENVIRONMENTAL IMPACT NOTICE IS HEREBY GIVEN that the following projects have submitted environmental impact information to the City of Carlsbad in accordance with the Environmental • Protection Ordinance of 1972 (Ord. 1150) and have been declared to have a non- significant environmental impact. For further information, contact the Carlsbad Planning Department. CARLSBAD .PLANN ING DEPARTMENT APPLICANT LOCATION ACTIVITY REASON FOR NEGATIVE I I DECLARATION Variance to 1) The project all ow nhinQr ntails n ITIjaOr ubdiviion change in the- without re- existing natural quirement nviroriment ft of Lot frontage attempts to main- j •on puh1ic r$gJit tam n i . 1_- of-way. 2) The pr.oject - proposes minimai 'public facility U • improvements.. Russell & MaryGrosse North & South Sides of Sunny Creek Road East of El Camino Real Pt Oakley G. Parker NE of I-S and Crii'nquapin Avenue Project does not change the physical Split an unde- nature of the veloped portion property except to of a lot from anpossjbly decrease apt. complex 'the total number of units which could be built. 10 16 - . PARCEL # NAME & ADDRESS DESCRIPTION TAX PARCEL # 15-1 Brilhart, Arnold & 209-070-06 As s o c i a t e s 705 Third St. Oceanside, California 92054 23-1 Palomar Vista Ltd. 209-040-04 23-2 28215 Palos Verdes Dr. E. 209-040-05 23-3 Rolling Hills, California 209-040-14 25 E. H. & Pearl N. Gribble 209-040-02 3130 Sunny Creek Road Carlsbad, California 26 Dorothy K. Ebright 209-040-15 5855 Los Monas Drive Carlsbad, California 92008 27 K. E. Ebright 209-040-16 P. 0. Box 390 Carlsbad, California 92008 29-2 Bar-Har Ltd. 209-070-06 7053 Estrella DeMar Road Villa #71 Carlsbad, California 92008 CERTIFICATION I hereby certify that the foregoing is an accurate list as taken from the latest equalized assessment roll on file in the office of the Assessor of San Diego County. L September 8, 1975 - Russell W. Grosse date W V1I)UUt'i1UN LJ.I W S .. DATE SENT: -/T 4:To BE RCEIVED:€pr fl Leucadia County Water bist. IVJDr. Robert Crawford, Supt. 1959 El Camino Real .J.Car1sbad Unified Sch. Dist. Lueäadia, CA 92024 '801 Pine Ave. Carlsbad, CA 92008 (2' letters) Carlsbad Municipal Water Dist. " 5780 El Camino Real Berrier, Supt. JBill Carlsbad, CA 92008 ' San Dieguito Union High Sch. Dist. 2151' Newcastle Ave. Jack Kubota & Assoc; . Cardiff, CA 92007' P.O.Box 1095 , Carlsbad, CA 92008 Robert L. C;-ickman, PHD -Attn: John Pierce Encinitas Elementary Sch. [list. • 185 Union St. Marco's County Water [list. 'Encinitas, CA 92024 tJ San 788 W. Encinitas Rd. San Marcos; CA 92069 Dr. J.B Askew, Pub. Health Off. Dept. of Public Health 01iven'hain Municipal Water Dist. . Civic Center 1966 Qliveihain Rd. . San Diego,.CA 92101 Encinitas, CA' 92024 [J San Diego Coast Regional Comm. D Gary: McClelland, Supt . 6154 Mission Gorge Rd. Richmar Union Sch. Dist. ' Suite 220. 274 San Marcos Ave. -San Diego, Calif 92120 San Marcos, CA 92069 Mr Sam - D D.W. Quad, Supt. . San Diego Flood Control Dist. Escondido Union High Sch. Dist. 5555 Ov'érland Dr. 240 S. Mapl.e • San Diego, CA,. Escondido, CA 92025 - • Regional' at'er ua1ity' Edwin J. Heiml.ich DCallf. Fed. Mousing Admin. • Control Board ' -P.O. Box 2648 6154 Mts.sion Gorge Rd., Suite 205 San Diego, CA 92112 San Diego, Calif. 2120 Attn: Thomas Pinkos : FOR INFORMATION JJ Bill Nichols Charlsbad Chamber of Comm. Elm Ave. Carlsbad, CA 92008 []Bruce E'liâson Dept of Fish & Gave 350 Golden Shore Long Beach, CA 90802 • QCalif.Div. of Real Est. 107 S. Broadway, Rm 8003 Los Angeles, CA 90012 flsan Diego Gas & Elec. Electric Bldg 861 6th Ave. Rrn 716 San Diego, CA 92101 Attn: Larry Kelly fl Pacific Telephone Co.' Right of Way Dept 2436 Howard.Ave. Rni. 120 San Diego, CA 92103 jJJ. Dekema [list. Dir. of Trans. P.O. Box 81405 $an Diego, CA 92138 Bill fltson, Asst. [list. Eng. State of Calif. Dept of Pub] Works Div. of Highways, Dist. 11 4075 Taylor St. San Diego, CA 92101 CITY PERSONNEL Battalion 'Chif Wolenchuk\ f Carlsbad Fire Department .Ed' Johnson, Director Parks' and Recreation Dept. • ChuckAnsan Dan Groth - I Water Department / Engineering Dept. JTim Flanagan • CRay Green (Eng1ncring Dcpt ' Carlsbad.Bldg. Dept. Dave Packer, Sanitation / V(.l 1 I LILS LJtparuLIulI Form 24-1 . •• •. Date __j.!j8Lj_.7S 0 - 4 SUN1V Y 1 0 27700 R ID Case No ____________ Description of Request: - tL 4 , Address or Location of Request: Applicant: RLXse" Brief Lle6al: Assessor Book: Page: General Plan Land Use Existing Zone: R-4-1 Proposed Zone:_ Acres: No. of. Lots: DU'S DU/Acre--- School Dis rict: Water Sanitation District:FMA g2 CM Within Coast Plan Area: Coast Permit rea:MO 0 . NOTICE OF PUBLIC HEARING Variance (V-255) NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Carlsbad will hold a public hearing on Wednesday, May 12, 1976, at 7:30 P.M. in the Council Chambers, 1200 Elm Avenue, Carlsbad, California to consider an application for a variance under the provisions of Title 21 to permit creation of lots without requirement that each lot front upon on improved public street on property located on the North and South sides of Sunny Creek Road, East of El Camino Real, and more particularly des- cribed as: A portion of Lot B, Rancho Agua Hedionda, according to Map No. 823, County Recorder, November 16, 1896, and more particularly described in the files of the Planning Department. Those persons wishing to speak on this proposal are cordially in- vited to attend the public hearing. If you have any questions, please call 729-1181 and ask for the Planning Department. APPLICANT: RUSSELL W. GROSSE Publish: May 1, 1976 CITY OF CARLSBAD PLANNING COMMISSION SUNNY CF?pr a cAL I 6 00 NOTICE OF PUBLIC HEARING Re: Variance NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Carlsbad will hold a public hearing on Wednesday, October 15, 1975 at 7:30 P.M. in the Council Chambers, 1200 Elm Avenue, Carlsbad, California to consider a variance (V-255) of Title 21 of the Municipal Code of the City of Carlsbad to: allow a minor subdivision to be processed without require- ment that each lot front upon an improved public right-of- way, on property located on the North and South sides of Sunny Creek Road East of El Camino Real, and more particularly described as A portion of Lot B, Rancho Agua Heionda, according to Map No. 823, County Recorder, November 16 1896, and more particularly described in the files of the City Planning Department. Those persons 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: RUSSELL W. GROSSE Publish: October 2, 1975 CITY OF CARLSBAD PLANNING COMMISSION SUNN Y EN 0 22700 çt% 7 0 Carlsbad Journal Decreed A Legal Newspaper by the Superior Court of San Diego County 3088 PlO PICO AVENUE P.O. BOX 248 • CARLSBAD, CA 92008 • 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, printed and 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, printed and published at regular intervals in the said City of Carlsbad, County of San Diego, State of California, for a period exceeding one year next preceding the date of publication of the notice hereinafter referred to; and that the NOTICE OF PUBLIC notice of which the annexed is a printed copy, has HEARING VARIANCE (V-255) been published in each regular and entire issue of NOTICE IS HEREBY GIVENthatthe said newspaper and not in any supplement Planning Commission of the City of thereof on the following dates, to-wit: Carlsbad wilIhold a public hearing on Wednesday, May 12, 1976, at :30 P.M. in the Council Chambers, 1200 Elm Av-enue, Carlsbad, California to consider an applicatiogfor a variance underthe provisions of Title2l to permit creation of lots without requirement that each lot front upon on improved public street on property located on the North and South sides of Sunny Creek Road, East-of El Camino Real, and morepar- ticularly described as: A portion of Lot B, Rancho Agua Hedidnda, according-to Map No. 823, County Recorder, November 16, 1896, and more particularly de- scribed in the files of the-Planning Department. Those persons 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: RUSSELL W. GROSSE CITY OF CARLSBAD PLANNING COMMISSION CJ 47s: May 1, 1976 May.. .............19.7. 19.... 19.... 19.... 19.... I certify under penalty of perjury that the foregoing is true and correct. Executed at Carlsbad, County of San Diego, State of California on rd day of May - - 1976 Clerk of the Printer t4i\ L r, CA'RLBA'D JOU 111AT - Box 248 Analversa Carlsbad, Califo 2 008 (714) 729-2345 Proof of Publication STATE OF CALIFORNIA, 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 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 OFPUBLIC period exceeding one year next preceding HEARING - 'Re: Variance the date of publication of the notice hereinafter NOTICE ISHEREBy GIVEN that the referred to; and that the notice of which the Planning commission Of the City of Carlsbad will hold a public hearinton annexed is a printed copy, has been published . Wednesday, October 15, 1915 at 7:30 P,M,in the council Chambers, 1200EIm in each regular and entire issue of said news- Avenue, Carlsbad, California to con. 'sideravari!flce(\5),ite 2l 0fthe paper and not in any supplement thereof on Municipal ....I..k..A - nIcIa1 Code of inc the following dates, to-wit: to:allow a minor subdivision to be processed without requirement,.. that each lot front-upon an in. - right-of-Way- on property locatedon the North and October .1 9 7 South sides-of SunnyCreèk Road, past of El Camino Real, and more particu- larly described as: - A portion of Lot B, Rancho Agua 823, County Recorder, November - Hedionda, according to 'Map No ..1 9 . 16 1896, and more particularly de-. scribed in the files of the City-Plan-. ning Department. Those persons wishing to speak on' this 1 9 . proposal arecordially invited to attend the public hearing. If you have any - questions, please cIlt7294181 and ask' for thePianfling Department. - RUSSELL W. GROSSE - ...19 . CITY OF CARLSBAD . PLANNING COMMISSION, Ci 157: October 9. 1975 - - ' 19.... I certify under penalty of perjury that the foregoing is true . and correct. Executed at Carlsbad, County of San Diego, • - ' State of California on the__2nd - - dayof. October , ' I - *•eol -.0, _.- - Clerk of the Printer .= _4 CAItLSBAT OUI~,IVXLJ ; 445400 th Carlsbad, California 92008 P.O. Box 248 (714) 729-2345 Proof of Publication STATE OF CALIFORNIA, 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 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 period exceeding one year next preceding the date of publication of the notice hereinafter referred to; and that the notice of which the NOTICE OF DECLARATION OF NON-"SIGNIFICANT ENVIRONMENTAL IMPACT annexed is a printed copy, has been published NOT10E-jS in each regular and entire issue of said news- ; vlroñmental impact Information to the City of Carlsbad in accórdance with the -Environmental Protection Ordinance of 1972(Ord,1156) and-have been declated.tc, paper and not in any supplement thereof on have ason.significant environmental impact. For further information, contactthe the following dates, to-wit: Carlsbad Planning Department - S - REASON FOR - - - NEGATIVE APPLICANT LOCATION- ACTIVITY DECLARATION - Russell &- North & South Variance-to 1) The pfoject - Mary Grosse Sides of Sunny allow minor entails no major - Creek Road East subdivision change-in the of El Camino Without re- existing natural -- - -Real quirement environment; it - - - - - of Lot front- attempts -to main- - age on-public tain it -. - - - right-ofway 2) The project - - proposes minimal - - - - - public facility - OakleyG. Parker NE of 1-5 and Split an unde- -improvements. - Proj'ect does not - Chinquapin Avenue veloped portion change the physical - • - of a lot from an natui-e of the - - - - - apt. complex property except to - - - S - possibly decrease - S - - - - the total number, - - - - - - of- units whicj, - - - could bebuilt. - - - - - CARLSBAD PLANNING DEPARTMENT - - - CJ 161:-October 2, 1975 - - - 19.... I certify under penalty of perjury that the foregoing is true and correct. Executed at Carlsbad, County of San Diego, State of Califtornia on the 2nd day of Ocober 1975_ Clerk of the Printer 19 75. 19.... 19.... 19.... CITY OF CARLSBAD J4. -5S' 'ENVIRONMENTAL PROTECTION ORDINANCE OF 1972 DECLARATION OF NEGATIVE (NON-SIGNIFICANT) ENVIRONMENTAL EFFECT APPLICANT 516'0 600 Li 5' D. 4)s 49 TYPE OF APPLICATION: LJi9-1/4,4icP PERMIT AND/OR FILE NO.__________________________________________________________ THE ENVIRONMENTAL IMPACTASSESSMENT HAS BEEN RECEIVED FOR: PROJECT DESCRIPTION4-xJ* Th N LLS /I4 n 2A D,yjsôJ PROJECT LOCATION o n 1 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 determination that thi.s project will not have any significant impact upon the environment within the meaning of the California Environmental Quality Act of 1970 and the Environmental Próthction Ordinance of 1972 for the following reasons: @ 'F R T7 Eli Y¼-s u' i1gr The Environmental Impact Assessment will be available for public review and comment for FIVE DAYS from date. C_ L(S., D NALD A. GAT P, P1 ning Director DATED 24 Rev. 3/31/75 E.I.S. Log No. r . •••H ENVIRONMENTAL IMPACT ASSESSMENT FORM o Receipt No; ii/ -EIA Date: Name of Applfcant:(#6''/7,$) 2?ase1/ ttL ' 1r y 4~. Address: ,' .1 Permit Applied For: V-,cnce. Case Nos.: Location of Proposed Activity: c_$e,*'_mt$,yY' _o1 Cie/ • BACKGROUND INFORMATION 1. Give.a brief description of the proposed activity (attach any preliminary development plans). • . ezi-ce/ 700 2.. Describe Describe the activity area, including distinguishing 1 • natural and manmade characteristics; also provide precise slope analysis when appropriate. 2q '2'//$ Ee6s4#1 I) i 44. Ire 4a i5 cr 3. Describe energy conservation measures incorporated into • the design and/or operation of the project. 4.10 7 ' 116111M, 1 ENVIRONMENTAL IMPACT .ASSESSMENT FORM II. Environmental Impact Analysis Answer the following questions by placing .a check in -the appropriate space. Yes No 1. Could the project significantly change present land uses in the vicinity of the activity? 2. Could the activity affect the use of a recreational x area, or area of important aesthetic value? 3. Could the activity affect the functioning of an established community or neighborhood? 4. Could the activity result in the displacement of community residents? 5. Are any of the natural or man-made features in the activity area unique, that is, not• found in other parts of the County, State, or nation? 6. Could the activity significantly affect a historical or archaelogical site or its setting? 7. Could the activity significantly affect the potential use, extraction, or conservation of a scarce natural res- ource? 8. Does the activity area serve as a habitat, food source • nesting place, source of water, etc. for rare or endangered wildlife or fish species? 9. Could the activity significantly affect fish, wildlife or plan life? 10. Are there any rare or endangered plant species in the activity area? 11. Could the activity change existing features of any of the city's lagoons, bays, or tidelands? 12. Could the activity change existing features of any of IX the City's beaches? 13. Could the activity result in the erosion or elimination of agricultural lands? n • 14. Could the activity serve to encourage development of • presently undeveloped areas or intensify deyelopment of already developed areas? Yes No -S . .. . 15. Will the activity require a variance froth established environmental standards (air, water, noise, tc)? 16. Will the activity require certification, authorization or issuance of a permit by any local, State or Federal environmental control agency? 17. Will the activity require issuance of a variance or conditional use permit by the City? 18. Will the activity involve the application, use, or disposal of potentially hazardous materials? 19. Will the activity involve construction of facilities in a flood plain? 20. Will the activity involve construction of facilities on a slope of x 25 percent or greater? 21. Will the activity involve construction of facilities in the area of an active fault? 22. Could the activity result in the generation of significant amounts of noise? 23. Could the activity result in the generation of significant amounts. of dust? 24. Will the activity involve the burning . of brush, trees, or other materials? 25. Could the activity result in a significant change in the quality of any portion of the region's air or water resources? • (Should note surface, ground water, off-shore). 26. Will there be a'-significant change to existing land form? (a) indicate estimated grading to be done in cubic yards.____________ Y. -• (b) percentage of alteration to the present land form. • (c) maximum height of cut or fill slopes. _______________ • - 27. Will the activity result in substantial increases in the use, of utilities, sewers, drains or streets? III. State of No Significant Environmental Effects If you have answered yes to one or more of the questions in Section II but you think the activity will have no significant environmental effects, indicate your reasons below: fw,~= A _&LO-4W_W_ __ / V. S . I IV; Comments or. Elaborations to Any of the Questions in Section II. (If additional space is needed for answering any questions, attach additional sheets as may be needed.) Signature (Pierson completing report) Date Signed: • Conclusions (To be completed by the Planning Director). Place a check in the appropriate box. ( ) Further information is required. C ) It has been determined that the project will not have significant • environmental effects. ( ) You must submit a preliminary environmental • impact statement by the following date . ( ) You • should make an appointment with the Planning Director to discuss • • further processing of your project, in accordance with Chapter 19.04 of the Municipal Code. DATE RECEIVED: • • • • • BY:_________________________ • • • Planning Director, or, Revised 7/3/74• • I MEMORANDUM 20 1 -26 1 9 7 TO: DEPARTMENTAL COORDINATING COMMITTEE FROM: PLANNING. DEPARTMENT CASE NOS.: V-255(A) ZC-174 APPLICANT: CITY OF CARLSBAD (V255(A)) RUSSELL GROSSE (ZC-174) Request: Amendment to condition 2 of V-255 to allow a zone change to R-a2.5 acres (FP); change of zone from R-A-lO (FP) to R-1-2.5. BACKGROUND REPORT: LOCATION & DESCRIPTION OF PROPERTY: 24.6 acres, located on the north and south sides of Sunny Creek Road, east of El Camino Real. The property is in an area of rolling hills with a stream running pr11I to Sunny Creek Road. There is a steep embankment on the west and south sides of the property; access, therefore, must be within the valley or to the east. EXISTING ZONING: Subject Property: North: South: East: West: R-A-10 A-1(8) (County) M & R-A-10 A-1(8) (County) E-l-A (County) EXISTING LAND USE: Subject property and surrounding property is basically vacant with some agricultural production and single-family dwellings. These dwellings all take access from Sunny Creek Road, a private access easement. I . 0 HISTORY AND RELATED CASES: The subject property was a part of East Carlsbad Annexation E-2.2, completed August 20, 1962. The applicant was not the property owner of record at that time. The applicant was granted a Variance, V-255, October 29, 1975. (P.C. Res. 1202, attached), The variance was granted to allow the subdivision of an existing nonconforming lot not fronting upon a publicly dedicated easement accepted by the City Engineer into four such nonconforming lots. ENVIRONMENTAL IMPACT IN2RMATI0N: An Environmental Impact Statement was prepared for Variance V-255. Based on the statement and a site inspection, a nega- tive declaration was issued for the following reasons: 1) The Project entails no major damage in the existing natural environment; it attempts to maintain it. 2) The Project proposes minimal public facility improve- ments and serviëe requirements. The Planning Director has found that the Project complies with the Environmental Protection Ordinance by Prior Compliance (Section 19.04,153). The EIA prepared for the Variance adequately addresses the impacts of the project, and the physical circumstances under which the project is to be under- taken have not changed. GENERAL PLAN INFORMATION: The project site is designated for RLM use, 0-4 dwelling units per acre. The proposed zone change conforms with this desig- nation. The site falls within the Palomar Airport Special Treatment area of the Land Use Element. PUBLIC FACILITIES: The Project falls within the boundaries of the Carlsbad Muni- cipal Water District. The District has written that water service is not currently provided to three of the four lots. Service will be available when the owner meets the appropriate water district policies and requirements. The Project is within the City's sewer service boundary. -No sewer service is currently provided the site. Septic tanks are an acceptable alternative on approval by the County Department of Health should soil tests show satisfactory percolation. -2- S A major concern of the City with 'the Project has been the level of public facilities needed and provided to the Project. As a result, City Council has instructed Staff to begin work on a set of rural development standards. A letter from the Carlsbad Unified School District has been received assuring the availability of school facilities. INCIDENTAL. INFORMATION: A portion of the project site falls within the Agua Hedionda floodplain zone recently adopted by City Council. All affected departments and agencies have contributed to and reviewed this report. MAJOR PLANNING CONSIDERATION: Will the zone change promote the objectives of the General Plan? DISCUSSION: The Planning Commission heard the proposed zone change on March 31. 1975. Staff had recommended a change of zone to 1%-A-3.5, as Condition 5 of theapplicant's Variance required, instead of the applicant's requested R-1-2.5. The Commission therefore continued the zone change to allow consideration of an amendment to the Variance at the same time. AM:cpl (4/16/76) -3- I I 10 ).&l EC 0Q, / A--, r,~ mm L1i • 7cH4 RECEIVED U CT 01 1975 t A KP CITY clannlns Department S/SO/75 C-L—N A h I I I t I - - \fIN1(']— 7FT r—n 12 is p (11~~ tloAl"An- iLC6LLC I - INFORMATION REQUEST FORM . DATE Sept. 1, 1975 . TO: - Battalion Chief Wolenchuk, Fire Dept. FROM: CARLSBAD PLANNING DEPARTMENT . RE: CASE NO. V255 Attached is a copyof the location map and information sheet, on subject case. This item will be reviewed by Ca'lsbad Development Review Committee on October 7, 1975 Therefore, if you have comments or conditions that should be considered,' please complete this comment request and return by September 29, 1975 . For further information, please contact the Planning Department at 729-1181, Ext. 25. Bud 'Plender, Assistant Planning Director COMMENTS: SEE ATTACHMENT S - \ ?' ('1 "-S '_. 4S Ot•.S 7 (attach additional sheet if necessary) Form - S Date June 16, 1.975 4. 1 TO: PLANNING DEPARTMENT FROM: FIRE DEPARTMENT DATE: 9-23-75 SUBJECT: CASE NO. V-255 COMMENTS The Fire Department recommends strongly that every lot front on an improved road. The only access to this proposed subdivision is over an unimproved road that is more like a trail. It goes through a stream bed that probably would be impassable during heavy rains and might be too muddy for some time afterwards for our heavy equipment to traverse. We cannot provide reasonable fire protection in this area because of poor access and no water supply. It is our recommendation that no building permits be issued here or anywhere else in the City for dwelling units that are more than 500' from a fire hydrant in a RA-10,000 sq. ft. zone and 750' from a fire hydrant in a RA-14,000 or 15,000 sq. ft. zone. Fire flow per hydrant to be not less than 1500 gpm with 20 psi residual pressure. Girard W. Anear .. ... •... . INFORMATION REQUEST FORM .. DATE Sept. 19, 1975 TO: - Chuck Anson, Water- Dept. FROM: CARLSBAD PLANNING DEPARTMENT RE: CASE NO. V255 • Attached is a copyof the location map and information sheet on subject case. This item will be reviewed by Ca'lsbad Development Review Committee on • . October 7, 1975 Therefore, if you have comments or conditions that should be considered; please complete this comment request and return by September 29, 1975 For furtherinformation, please contact the Planning Department at 729-1181., Ext. 25. • • • Bud Plender, Assistant Planning Director COMMENTS:.. T iir 12-- /5 or thI -rfflfJ (attach additional -sheet additional sheet if necessary) . - • .• • . Form 23-1 . Date June 16, 1.975 I . MEMORANDUM Septenthe'r 18, 1975 TO: Assistant Planning Director FROM: Public Works Administrator SUBJECT:. Grosse property Summarizing our meeting of September 15, it is my under- standing that staff would prepare a report to. Council outlining the problem and the, various ways staff has attempted to resolve the problem without success, due to the loopholes it would leave, and requesting direction from' the Council as to theIr interest in changing either policies; or ordinances ,in an attempt to resolve the problem. Possible courses of action open would be to: 1) de-annex the property and process under County laws which permit the action requested; 2) comply with existing City ordinances which would require construction of access roadway; 3) request a variance; and 4) request an amendment :to existing City ordinances The Engineering Department will study available information concerning existing Sunny Creek Road easements to determine its useability for official City business. Ronald A. Beckman RAB/dh' cc: City Engineer City Manager 0 MEMORANDUM July 28, 1975 TO: FROM: SUBJECT: - CITY MANAGER PLANNING DIRECTOR GROSSE LOT SPLIT REQUEST ON SUNNY CREEK ROAD, E OF ECR, N OF POLOMAR AIRPORT ROAD REQUEST: To divide property into four 5 acre lots in the R-1-10 zone by Parcel Map. PROBLEM: The Grosse lot was created prior to annexation to the City and is landlocked with access to ECR by an unimproved easement. This easement is across property that is in the county. The present lot does not meet the zoning definition of "lot", which requires frontage on a public street or easement. Therefore, by zoning the lot could not be further divided by right since more lots would be created with- out frontage. In addition it would not be feasible to dedicate the easement "Sunny Creek Road" since future access will come from the east and the ease- ment will then be used as an unpaved hiking and bridle path. DISCUSSION: Planning and Engineering reviewed this matter and con- cluded that it is desirable to have rural residential areas in Carlsbad, but a minimum amount of public facilities are necessary to provide normal City services. SOLUTIONS: Staff indicated to Mr. Grosse that the method to process his requests is: 1. Submit a Variance to permit the creation of lots not on a public street. 2. If Variance approved, submit a Parcel Map. 3. If Parcel Map is approved he must enter into a future agreement to provide either: a) Davalopmant of road system that connects to the east wben a road to the property is developed. b) Improvement of the private easement to the satis- faction of the City Engineer. (20' of asphalt pavement to El Camino Real) . Mr. Grosse is presently, proceeding under this course of action. If you see any problems please notify me. 2) O~a A;, Donald A. Agetep j 7/28/75 CC: City Attorney City Engineer Public Works Director -2- . S MEMORANDUM July 3, 1975 TO: City Manager FROM: Public Works Administrator SUBJECT: Russell Gross&s Sunny Creek property Mr. Grosse has been patient and cooperative concerning the resolution of his long-standing problem. The crux of the matter lies in the lack of legal tools to accomplish his goals. The subdivision ordinance as it existed and as it has been changed does not include provisions to resolve Mr. Grosse's problem without leaving significant areas of weakness. This problem was addressed by the City Attorney and Engineering Department staff in the revision of the subdivision ordinance, but no acceptable solution was found. It appears that the best area in which to look for an answer is in the pending zoning ordinance. Use of the revised ordinance in conjunction with the pending improve- ment district may allow for an acceptable answer. I will schedule a meeting with Mr. Grosse sometime near the end of the week of July 7 and keep you informed con- cerning any changes. Ronald A. Beckman RAB/dh cc: City Engineer Planning Directo RECEIVED JUL 3115 CITY OF CARLSBAD Planning Department Q111: . RUST ROS$E Re.: Lot Split Request on Sunny Creek Road East of El Camino Real North. of Palomar Airport Road As, you know', there are no provisions in the City Ordinance tftat permi't by rtgkt the. dividing or developing of property tftat 1ack public access. T4e—G54y believes that the prohibition of div ing land locked property is .generally sound since: 1. Servtce. such as police., fire and sanitation require properly constructed and maintained access. 2. Trafftc circulatton must be developed as a of interconnecting roads designed _______________ for the coipmuntty at large, not for a single area. 3. If the pultc roads are. not provided by the subdivider thTe.re. 1s th.e. future property owners would re.que.st4 Cyp 4e-.4.o--4- constructi . in WEEftimm a road. ffow'e.'e.r, tbe.re. are areas, perhaps yours, that benefit from a rural typ de.ve.lQpnient that doe not re.qutre. full public improvements. A City as large. as Carlsbad and containing some relatively. rough te.rratn could provide for a more diversified living environment pe.rnii:tttng rural development. You have indicated a desire to do this, but be.cause. of pre-sent prohibttions aga4i -45e, you are fl:0W con.stde.ring a vart'arice to our ordinance.. This, w'as' dt'scussed w'tth. thie Ctty Manager, City Attorney and repre- se.ntatiye.s from thTe. Engtnaertng and Planning Departments. It was deci'de.d that a vari'an.ce. vas an acceptable means to-have the City , e:ar ,your re-quest, but because certain findings must be made, there is A pos.st11ity the request would have to be denied. Therefore, you should be aware of the alternatives available to develop your property. T hev are.: I 1. Meet City Requirements: This would require an acceptable public road constructed to City standards that provides access for each lot to the public Street system. 2. Annexation: This would permit dividing land to the County's requirements, which evidently will perccess by private easement. Please note, however, that staff p9licy has been to oppose any such divisions on land in the County that is within the Carlsbad City planning area. 3. Ordinance Admendment: It is possible to provide a'. provision that permits development with less than minimum access if certain factors exist. Ordinance amendment must be initiated by the City Council, possibly at your request. 4. Variance: At your initiation, a variance would be considered 710 by the Planning Commission t4 —o -tt+d permit land division and development of lots that do not have public accessa-s-- u4_4— Nu- --.&4e4-aw. If the variance is approved, you wouli then submit a PJ if approved, the - would be conditioned upon QIther (a) development of road system that would connect to the east when a road to the property is developed, or (b) improvement of the. prtvate. easement through your property to El Camino Real to the sattsfactton of the City Engineer. We alo considered tn geii.eral terms what some conditions waxid should e jV the vartanceis approved. One condition should be the rezoning of the. property to 2½ acres or larger minimum lot4 area seems approprial to reduce further development until after public access. is in. Another condition would be to require that all newly created lots be layed out to provide access to both the present easements and direct access to1 future public access. If you apply for a variance, we would appreicate a copy of your access easement rights. Before a variance of this nature could be considered for approval, we must be assured the newly created lots will have legal access. I hope you find this helpful and if you have any questions, please feel free to contact me. Bud Plerider ERXf4RX BP:mdp F . . CARLSBAD UNIFIED SCHOOL DISTRICT "AN AFFIRMATIVE ACTION EMPLOYER" 801 PINE AVENUE CARLSBAD, CALIFORNIA 92008 October 15, 1975 City of Carlsbad 1200 Elm Avenue Carlsbad, California 92008 Attention: Mr. Donald A. Agatep, Director of Planning Gentlemen: Reference: Variance No. 255 The Governing Board of the school district at a meeting held on October 14, 1975 reviewed the information presented by your department concerning the proposed real estate development known as V-255, con- sisting of splitting one parcel into four individual parcels. The district does not have facilities to provide for a single-session educational prograiu for children who will be residing in this proposed development. In addition, the district does not have any funds to provide for facilities to house these children. To date, no agreement has been reached with the developer to provide financial assistance for school facilities which will be needed if and when any residences are constructed. It is requested that approval of this proposed residential development be withheld until a firm agree- ment is reached between the developer and the Governing Board of the district for provision of necessary school facilities. It will be greatly appreciated if copies of this letter are made avail- able to members of the City Council and the Planning Commission. Q•7 - 001 p h't) FHL:aw Sincerely yours, Robert A. Cra ord District Su rinte dent By Fred H. Lance Business Manager ADMINISTRATION 729-9291 fl INVESTORS S\ DEVELOPMENT & I MORTGAGE 00 RPM Rz~470 MH October 13, 1975 City of Carlsbad 1200 Elm Avenue Carlsbad, California 92008 Attention: Mr. Bud Plinder Dear Mr. Plinder: In accordance with my most recent conversation with Mr. Allen Meacham of your office, I wish the hearing on my lot split to be continued until the next regular meeting of the Planning Commission. Sincerely, ussell W. Grosse RWG/db 1• OCT15 1975 CITY OF CARLSBAD Planning Department 5850 AVENIDA ENCNAS • CARLSBAD, CALIFORNIA 92008 • PHONE • 714 • 729-9284 CALIFORNIA CONTRACTOR'S LICENSE 4284409 • ARIZONA • NEVADA CONTRACTORS LICENSE T1996 E . 1200 ELM AVENUE TELEPHONE: CARLSBAD, CALIFORNIA 92008 (714) 729-1181 Qtitv of Qartbai October 1, 1975 Mr. Russell W. Grosse IF Investors Developnient 5850 Avenida Encinas Carlsbad, CA 92008 RE: Variance 255 & Mortgage Corp. The Planning Department has received your request for Variance of the City zone regulations to permit dividing property that does not have access to a public road. To adequately process your request, we will need complete information on the access easement rights from your property to El Camino Real. We need this info-mation to be assured the newly created lots will have acceptable City access. Your Variance request is scheduled for the October 15, 1975 Planning Commission Agenda providing you can get us the informátidn Your request has been discussed at length by the City Staff. At the latest discussion, attended by the City Manager, City Attorney and representatives from Planning and Engineering Departments, it was concluded that a Variance request would be an acceptable means to permit the City to hear your proposal.. It should be pointed out that it will be necessary to make certain findings in order to grant a Variance: Therefore there is a possibility that the request could be denied by the Planning Commission, Because of this potential you should be aware of several other alternatives which could assist in the development of your property. They are: 1) Comply with existing. City Ordinances: This alternative would require an acceptable public road constructed to City standards that would provide access for each lot to the public street system. 2) De-annexation: This would permit dividing land to the County's require- ments, which will permit access by private easement. Please note, how- ever, that staff policy has opposed similar divisions of land in the County within the Carlsbad planning area. 3) Ordinance Amendment: It is possible to provide an Ordinance provision that permits rural development with less than the standard street access presently required. The amendment should include certain findings to be made. The Ordinance Amendment must be initiated by the City Council possibly at your request. n 4) Variance: At your initiation, a Variance request could be considered by the Planning Commission to permit land division and development of lots that do not have public access. If the Variance is approved, you would then submit a parcel map. If approved, the parcel map would be conditioned upon either (a) guarantee of the development of a public road system that would connect. to a public road system to the east and/ or north, or (b) improvement of the private easement through your property, to El Camino Real to the satisfaction of the City Engineer. Staff also suggested that if the Variance were approved, a condition would be added that requires newly created lots be designed to provide access to both the present easement and direct access to a future public road. Another consideration is the possibility of rezoning the property to minimum 2½ acres or larger lots, to limit further development until standard public access is provided. Tharefore, should Planning Commission approve the Variance request, staff may suggest that their decision be conditional to provide time to process a rezoning to the large lot zone. As stated before, staff is not opposed to your desire to create rural type living environment in Carlsbad... However, we have not, as a policy matter, encouraged dividing land lpcked property, especially properties where accep- table access is not provided, since: 1)' Public services (i.e., Police, Fire and Sanitation) requires a properly constructed and maintained access and facilities.. 2) Traffic circulation should be develo,ped as part of a network of inter- connecting roads designed comprehensively for the community at large, not for a single area. 3) If the public roads are not provided by the subdivider, there is the probability that future property owners would request the City to construct a road. . If not properly planned, the City would be forced to accept substandard roads.. Again, please submit information regarding access right at your earliest convenience. Sincerely Donald A. Agatep PLANNING DIRECTOR DM/vb -2- RECEIVED W000SIDE/KUBOTA & ASSOCIATES, INC. S E P 2 9 19Th CONSULTING CITY OF CARLSBAD ENGINEERS Planning Department 2965 Roosevelt St. • P. 0. Box 1095 • Carlsbad, California 92008 • (714)729-1194 September 29, 1975 City of Carlsbad Planning Department 1200 Elm Ave. Carlsbad, Calif. 92008 Subject: Case No. V-255 (Parcel Split No.171-A - Grosse) Carlsbad Municipal Water District. Gentlemen: Responding to your inquiry of September 19, 1975, we have the following comments and recommendations for your consideration: 1. There is attached a letter dated November 21, 1974, addressed to your agency regarding the subject property at the time it was being processed as a parcel map. We have had no response to our comments and accordingly do not have any additional statements. 2. With respect to the variance consideration, we, as a public water service agency, would not comment upon the issues of zoning. Please contact the undersigned if you have any questions regarding this matter. E n c 1 Very 'u r 1 JackX. Kubota, 'istrict Engineer Catr-isbad Municipal Water District. cc: Brian Smith Engineers Carlsbad Municipal Water District JYK/le In Orange County, Santa Ana 74-308 I . I INVESTORS - : OEViOE A MORTGAGE C J 14 May 22, 1975 Mayor Robert Frazee 1200 Elm Avenue Carlsbad, California 92008 Dear Bob: I would like to enlist your aid in solving a dilemma that I currently find myself in. I purchased twenty-five acres of real property in Carls- bad approximately eight years ago. The property is located on Sunny Creek Road approximately a mile in from El Camino Real. I built a home on the property for my mother and one for my own faràily. We have been living there for approximately three years. My real property taxes are currently running approximately $5,000.00 per year. I am in the city limits of Carlsbad only by accident. Back in the days when the City was concerned about Oceanside and Vista making annexations into the easterly portion of Carlsbad and, in the days when strip annexation was still permissable under the state law, Carlsbad annexed a long strip of property running out to the back country, picking up my piece of property and running back down to El Camino and out Palomar Airport Road to pick up the Carlsbad Race Track property. There are no city services available to my property and yet I must pay taxes as though I were receiving the same. If my pro- perty were in the County, I could have obtained a lot split years ago and sold off parcels so that I could reduce my liability and my tax burden and still have retained sufficient land for the two houses that I own commensurate with the life style which I desire to maintain, which is simply to live in a country atmosphere. 5850 AVENIDA ENOINAS • CARLSBAD, CALIFORNIA 92008 • PHONE • 714 • 728-9284 CALIFORNIA CONTRACTORS LICENSE =284409 • ARIZONA • NEVADA CONTRACTORS LICENSE =11S96 I I Mayor Robert Frazee -2- May 22, 1975 I made my first attempt to obtain a lot split from the City of Carlsbad in February 1972. Since that time I have received very little but hopes and promises that I could accomplis.h the same. It would appear that the City Attorney, as well as the City Engineer and Planning Staff, interpret the existing lot split ordinance as requiring any lot that is split off to have frontage on an improved public right of way. It is clear that no such right of way will be available to my property at any time in the immediate ,future, yet I am taxed on this property as if it were immediately subdividable. The lot split application which I have filed with the City requested that my land be subdivided into two and one half acre sites or larger. I also agreed that I would record covenants, conditions and restrictions, which bind these properties forever to be this size lot unless all of the property owners .should combine and agree to resubdivide their properties. I also agreed to submit the property as a planned unit development, if necessary, to insure the size of the lots in question. If I have to wait until the City brings sewer, water and roadways to my property before I can subdivide, I will have no alternative but to sub- divide into a much higher density in order to justify the holding expenses I will incur during the waiting period. It would seem that there is a need in the community for ranch-like estates which can be subdivided in a manner to maintain a country atmosphere. The Planning Staff and the Engineering Department both concur and believe that what I have requested to be fair and reasonable. It is merely their opinion that there is no legal way in which the City can grant me my request within the current framework of the existing ordinances. At one time there was a different opinion within the City Administration. I am enclosing a memorandum I received from Mr. Cook, the former City Engineer, which advised me that the lot split request that I was making would be permissible pro- vided I was willing to execute an agreement to partcipate in future improvements when they reached my property. Since I was willing to do this and based on this memorandum, I entered into a contract of sale subject to final approval of the parcel split. Subsequent to this time, and after Mr. Cook departed the City, a different opinion has been rendered. I am attaching a copy of the memorandum for your perusal. I am also enclosing a copy of a letter from Mr. Frank Fitzpatrick, the Engineer I employed at the time,indicating that I do have . . Mayor Robert Frazee -3- May 22, 1975 access rights to El Camino Real from my property. I am also enclosing copies of two letters which I have forwarded to Mr. Flanagan pertaining to the subject matter. During the lengthy time period which I have been involved in working with the staff, I have received a good deal of sympathy, many statements that what I propose is fair and that it would be good for the City if I could accomplish my goals. I have been advised that new drafts of ordinances were in the process and that in these new drafts they would make a provision which would allow 1t splitting of property which did not front upon improved public rights of way pro-- vided the size of the lot was at least two and a half acres. This will allow for the development of the property with very low densities in a manner commensurate with a country atmos- phere. This would mean the elimination of curbs and gutters, sewer lines and the expenses involved therewith. There, of course, would be the usual percolation tests for septic tank percolation and, of course, a source of water. In my particu- lar case, the main water line servicing the City of Carlsbad through the Carlsbad Municipal Water District runs through my property so that I do have an adequate water supply. It would be greatly appreciated if you could consider the issues raised by this letter, and if the Council agrees with my view, that the type of development that I have in mind would be good for the City, that the City Attorney contemplate drafting an ordinance which would allow such a development. This could be done in such a manner that, in each instance of this kind of development, it would have to come before the Planning Commission and/or the City Council for approval and that the minimum lot size would be two and a half acres. I am enclosing a plot plan indicating the type of lot split I would be requesting. I realize that this is perhaps a rather broad subject and will take some time to consider. However, I have been working with Don Agatep, Bud Plinder and Tim Flanagan for some period of time regarding this matter and they are fully familiar with it, and a brief discussion with them regarding the subject matter should clarify any questions which you might have. Sing rely yours, Russell Wosse RWG/db Enclosures November 21, 1974 Mr. Ray McNeil Engineering Department City of Carlsbad 1,200 Elm Ave. n1sb, Calif. 92008 ilSubject: Parcel Split No. 171-A - Grosse - Carlsbad Municipal Water District. -Dear Mr. McNeil: HResponding to your request by memorandum datedMovember 13, 1974, we have the following comments regarding the subject Tentative Map: 1. The property is currently served by the Carlsbad Municipal Water District and our main 27" transmission main to Squires Darn, which is a part of our Improvement District No. 3, provides water service H H to the two existing dwellings, 2. Direct water service is available to Parcel No. 3; however, public water service would not be available to Parcels No. 1, U 2, and 4. In the event direct public water service is deemed necessary for Parcels No. 1, 2, and 4, the property owner or owners will be required to meet the appropriate Water District policies and re- quirements for extension of public water facilities. Please contact the undersigned if you have any further questions re-. garding this matter. Verytruly yours Jack V. Kubota, District Engineer Carlsbad Municipal Water District cc: Dave Chamberlain Carlsbad Municipal Water District JYK/le : 74-308 ( • .•• CITY OF CARLSBAD PLANNING DEPARTMENT STAFF REPORT May 12, 1976 TO: PLANNING COMMISSION FROM: PLANNING DEPARTMENT CASE NOS.: V-255(A) ZC-174 APPLICANT: CITY OF CARLSBAD (V-255(A)) RUSSELL GROSSE (ZC-174 REQUEST: Amendment to Condition 2 of V-255 to allow a zone change to R-A-.2.5 acres (FP); change of zone from R-A-lO ,000 (FP) to R-1-2.5. RECOMMENDATION: Variance: Staff recommends that Condition 2 of Planning Commission Resolution 1202 (V-255) be amended to read: "(2) Prior to filing a parcel map to subdivide the property the applicant shall apply for chnge of zone to R-A-2.5 acres". Zone Change: Staff recommends that ZC-174 be DENIED, and that a zone change to R-A-2.5 acres (FP) be APPROVED. BACKGROUND REPORT: Location and Description of Property: 24.6 acres, located on the north and south sides of Sunny Creek Road, east of El Camino Real. The property is in an area ofrolling hills with a stream running parallel to Sunny Creek Road. There is a steep •embankment on the west and south sides of the property; access, therefore, must be within the valley or to the east. Existing Zonifl;q: Subject Property: North: South: East: West: R-A-10 (FP) A-1 (8) (County) M & R-A-10 A-1(8) (County) E-l-A (County) . . Existing Land Use: Subject property and surrounding property is basically' vacant with some agricultural production and single- family dwellings. These dwellings all take access from Sunny Creek Road, a private access easement. History and Related Cases: The subject property was a part of East Carlsbad Annexation E-2.2, completed August 20, 1962. The applicant was not the property owner of record at that time. The applicant was granted a Variance, V-255, October 29, 1975. (P.C. Resolution 1202, attached). The variance was granted to allow the subdivision of an existing noncomforming lot not fronting upon a publicly dedicated easement accepted by the City Engineer into four such noncomforming. lots. Environmental Impact Information: An Environmental Impact Statement was prepared for Variance V-255. Based on the statement and a site inspection, a negative declaration was issued for the following reasons: 1. The Project entails no. major damage in the existing natural environment; it attempts to maintain it. 2. The Project proposes minimal public facility improve- ments and sai-vice requireiients. The Planning Director has found that the Project complies with the Environmental Protection Ordinance by Prior Compliance (Section 19.04.153). The- ETA prepared for-the variance ade- quately addresses the impacts of the project, and the physical circumstances under which :the project is to be undertaken have not changed. General Plan Information: The project site is designated for RLM use, 0-4 dwelling units per acre: The proposed zone change conforms with this de.signation. The site falls within the 1alomar Airport Special Treatment area of the Land Use Element. Public Facilities: The Project falls within the boundaries of the Carlsbad Municipal Water District. The District has written that water service is not currently provided to three of the four lots. Service will be available when the owner meets the appropriate water district policies and requirements. The Project is within the City's sewer service boundary. No sewer service is currently provided the site. Septic tanks are an acceptable alternative on approval by the Cdunty Department of Health should soil tests show satisfactory percolation. -2- Amajor concern of level of public f As a result, City on a set of rural A letter from the received assuring the City with the Project has been the cilities needed and provided to the Project. Council has instructed Staff to begin work development standards. Carlsbad Unified School District has been the availability of school facilities. Incidental Information: A portion of the project site falls within the Agua Hedionda floodplain zone recently adopted by the, City Council. All affected departments and agencies have contributed to and reviewed this report. Major Planning Consideration: What minimum lot size and uses will best promote the objectives of the General Plan? DISCUSSION: Amendment to Variance: While first hearing the applicant's request for a zone change on March 31, 1976, the Commission questioned the validity of 3.5-minimum acre lots as opposed to 2.5-minimum acre zoning. Staff initially recommended 2.5- minimum acre zoning in its Staff Report for the variance, October 29, 1975. Staff continues to feel that 2.5-minimum acre zoning would limit development sufficiently to avoid overtaxing the rural-level public facilities available. Zone Change: The applicant's requested zone, R-1, is not the zone required by Conditi-on 2 of Resolution 1202, R-A. The development standards in the two zones are the same. The R-A zone allows crop-raising and animal husbandry uses not allowed in the R-1 Zone. These us-es are quite in keeping with the applicant's stated intent for the area. Staff therefore recommends that the R-A Zone be retained. Staff also recom- mends. that any zone change the Commission recommends to Council specifically include the present FP Overlay designation. This will avoid any future questions of the current rezoning's effect of that overlay zone. . . ATTACHMENTS: Location Map PC Resolution 1202 AM:cpl (4/29/76) -3- I •99C .4 0/ 6)! /3Z4 / ISF - - 'I • f n/ / F" • - / QcI / • t\_1— m'\ \ / 57 1 •1 (C)J r•. • ' ' • I CC*4PtLS I .9 •.J.I • P_•I_.I_• 0 FROM MSESSOZ Oc ,zo PAGE • 4b PACL'.19 . - - I CITY OF CARLSBAD PLANNING DEPARTMENT STAFF REPORT October29 , 1975 TO: PLANNING COMMISSION FROM: PLANNING DEPARTMENT CASE: V-255 APPLICANT: RUSSELL W. GROSSE REQUEST: A VARIANCE TO SUBDIVIDE AN EXISTING NONCONFORMING LOT NOT FRONTING UPON A PUBLICLY DEDICATED EASEMENT ACCEPTED BY THE CITY ENGINEER, INTO FOUR SUCH NON- CONFORMING LOTS SECTION r: 'STAFF RECOMMENDATION Staff recommends that V-255 be DENIED because of the following findtngs: 1) There are no exceptional or extraordinary circumstances or coridtttons applicable to the property or to the intended use that do not apply generally to the other property or class of use. tn the same vicinity or zone because: a) The topography and other natural characteristics of the project site are similar to those of other nonurbanized and east of El Camino Real. b.) The current and proposed uses of the project site are stmtla.r to those. of other lands in the same vicinity and zone. 2) Such variance is not necessary for the preservation and enjoy - ment 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) No other property in the same vicinity and zone possesses - the right to develop without access to..,public right-of-way. 3) The. granting of suck variance will be materially - detrimental totke. public welfare. or injurious to the property or improve- ments in the vicinity and zone in which the property is located • fie.cause.: • a) Essential City Services (i.e., poliàe •and fire protection) cannot • be provided at satisfactory levels over existing, unimproved Sunny Creek Road. WMM S 4) The granting of such Variance may adversely affect the comprehensive General Plan because: a) It is the adopted goal of the Public Facilities Element that all necessary public facilities be available concurrent with need in connection with the development of the City, and b) Public streets are a necessary public facilitj' for circulation and for the provision of fire and police protection. If the Planning Commission wishes to approve the variance, Staff recommends the following findings and conditions of approval FINDINGS 1. The exceptional or extraordinary circumstances or conditions applicable to this property that do not apply generally to the other property or class of use in the same vicinity and zone are: (a) There is no possibility at this time that the City of Carlsbad can provide any street, water, or sewer service to this property since it is bounded on the north, east and west by County property. 2. This 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) Most of the property in the vicinity is under the County's juris- diction, and the parcel split requested would be granted by the County without the stringent requirements of the City. 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: (a) The character of the property in the area is rural and the proposed project will maintain this character. 4. The granting of this variance will not adversely affect the comprehensive general plan because: (a) The density and lot size of the parcel map is well within the comprehensive general plan and the property does not affect in any way current forseeable roadway system. CONDITIONS 1. The approval is granted for the land described in the application and any attachments thereto and as shown in Exhibit A, dated 9-12-75. 2. Prior to filing a parcel map to subdivide the property, the applicant shall apply for a change of zone to R-A-2.5 acres. 3. Improvement plans for the project shall include the provision of direct water service to all lots. 4. The location of fire hydrants and their fire flow shall be approved by the Fire Chief prior to approval of a parcel map. 5. As a conditon of the required tentative parcel map, the subdivider or his successors in interest shall: a) Agree not to oppose the formation of the proposed College-Cannon Improvement District; b) Offer to dedicate a 100 foot right-of-way plus approved construction slope easement to match as best as possible, the route of the secondary arterial proposed to intersect the northeast corner of the parcel - any difference in area between proposed and utilized right-of-way shall be vacated to the owner. c) Offer to dedicate a 15 foot wide sanitary sewer easement along Sunny Creek Road within the subdivision boundary, as approved by the City Engineer. d) Execute a lien contract for future construction of a 20 foot wide paved road from the proposed lots to El Camino Real to be fulfilled if the aforementioned secondary arterial has not been installed within 5 years. e) Subdivide the parcel so that each lot has direct access to the afore- mentioned secondary arterial or to a dedicated or private improved residential street connected to that arterial. SECTION II: STAFF BACKGROUND REPORT REQUEST: The applicant requests a variance to subdivide an existing lot which does not front upon a publically dedicated street or publically dedicated easement accepted by the City Engineer (Section 21.04.210, Municipal Code). The definition of lot requires the lot to have frontage upon a public dedicated street or publicly dedicated easement accepted by the City. The applicant could meet this by simply dedicating a street system on the parcel. However, by definition a "street" means a dedicated thoroughfare affording primary means of access (by implication, a dedicated easement would mean the same). There- fore, a street system totally contained on the applicant's land locked parcel is not primary means of access, since access is to be by private easement. LOCATION & DESCRIPTION OF PROPERTY: North and south sides of Sunny Creek Road, east of El Camino Real. The property is in an area of rolling hills with a stream running parallel to Sunny Creek Road. There is a steep embankment on the west and south sides of the property: access therefore must be within the valley or to the east. -1- is I EXISTING ZONING: Subject Property: North: South: East: West: EXISTING LAND USE: R-A-10 A-1 (8) (County) M & R-A-10 A-1(8) (County) E-l-A (County Subject Property and surrounding property is basically vacant, with some agricultural production and single family dwellings. These dwellings all take access from Sunny Creek Road, a private access easement. HISTORY AND RELATED CASES: The subject property was a part of East Carlsbad Annexation E2.2, completed August 20, 1962. The applicant was not the property owner of record at that time. The property was accepted by the City of Carlsbad. ENVIRONMENTAL IMPACT INFORMATION: An Environmental Impact Statement was pre- pared for the project. Based on the statement and a site inspection, a negative declaration was issued for the following reasons: 1) The project entails no major damage in the existing natural environment; it attempts to maintain it. 2) The project proposes minimal public facility improvements and service requirements. GENERAL PLAN INFORMATION: The project site is designated for RLM use, 0-4 dwelling units per acre. The site falls within the Palomar Airport Special Treatment Area of the Land Use Element. PUBLIC FACILITIES: The project falls within the boundaries of the Carlsbad Municipal Water District. The District has written that water service is not currently provided to three of the four lots. Service will be available when the owner meets the appropriate water district policies and requirements. The project is within the City's sewer service boundary. No sewer service is currently provided the site. Septic tanks are an acceptible alternative on approval by the County Department of Health should soil tests show satisfactory percolation. MAJOR PLANNING CONSIDERATION: Is the variance in conformance with the Public Facilities Element of the General Plan? Are rural, estate-lot developments consistent with goals of the General Plan? INCIDENTAL INFORMATION': , poFtiun OT the Agua Hedionda project site falls within the flood plain zone recently adopted by City Council. All affected departments and agencies have contributed to and reviewed this report. SECTION III: DISCUSSION: The applicant wishes the public facilities Staff feels that: to develop a rural, estate-lot project with a minimum of that contribute to the urbanization of rustic areas. (1) The existing accessway to the site, Sunny Creek Road, is a rough graded, graveled road, with an "Arizona Crossing" over the creek. As such, the road is wholly unsuitable for carrying any volume of traffic. It is also ill equipped to handle heavy emergency or de- livery vehicles, particularly in rainy or wet conditions. (2) Consequently the adopted General Plan and its implementing codes and policies relating to public facilities do not provide for the approval of the proposed variance. In a letter to the applicant dated October 1, 1975, staff suggested the following alternatives to the applicant to achieve his objectives: (1) Comply with existing City Ordinances: This alternative would re- quire an acceptable public road constructed to City standards that would provide access for each lot to the public street system. (2) De-annexation: This would permit dividing land to the County's requirements, which will permit access by private easement. Please note, however, that staff policy has opposed similar divisions of land in the County within the Carlsbad planning area. (3) Ordinance Amendment: It is possible to provide an Ordinance provision that permits rural development with less than the standard street access presently required. The amendment should include certain findings to be made. The Ordinance Amendment must be initiated by the City Council possibly at your request. (4) Variance: At you initiation, a Variance request could be considered by the Planning Commission to permit land division and development of lots that do not have public access. If the Variance is anoroved. you would then submit a oarcel mao. If aooroved, the par- cel map would be conditioned upon either (a) guarantee of the develop- ment of a public road system that would connect to a public road system to the east and/or north, or (b) improvement of the private easement through your property to El Camino Real to the satisfaction of the City Engineer. Staff feels that the first or third alternatives are much more desirable than the granting of the Variance in achieving the City's development objectives. -5- . APPLICANT'S SUPPORTING REASONS: The applicant offered the following justifications for his variance in his application: 1. The exceptional or extraordinary circumstances or conditions applicable to this property that do not apply generally to the other property or class of use in the same vicinity and zone are: This 25 acre parcel of real property was annexed to the City of Carlsbad in the early 1960's pursuant to a strip annexation policy which was designed principally for the purpose of allowing the City of Carlsbad to grant to the Carlsbad Raceway a Conditiaal Use Permit and also to run a strip of City of Carlsbad property as far out into the East as possible during a period of time when both the City of Vista and the City of Oceanside were actively annexing property in the general area. At the time of such annexation, there was no possibility, and there continues to benc, possibility that the City of Carlsbad can provide any services to this property by way of streets, sewers or water. The property is bounded on the north, east and west by County property. 2. THIS 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: Most of the property in the same vicinity and zone in which the subject property is located is County property and the parcel split requested by applicant herein would be granted without the stringent requirements required by the City of Carlsbad which generally apply in a situation where there is a larger degree of development than has occurred in this area. Other parcels of real property that have been annexed to the City of Carlsbad have been annexed at such time and place when the City of Carlsbad was pre- pared to bring services to the property on a basis which would justify the development of the property with curbs, gutters, sewers and sidewalks. Since no such facilities are available to this property, the parcel split requested by the applicant should be granted so that it could develop in its rural character, the same as if it were in the County, since, based upon the normal criteria of annexation toa city, the City of Carlsbad is not in a position to provide the necessary facilities. . 3. THE granting of this variance will not be materially detri- mental to the public welfare or injurious to the property or im- provements in the same ficinity and zone in which the subject property is located because: The variance requested by applicant is not a variance of the size and shape of the lot to be generated by the parcel split but only as to the nature of the im- provements to be made as a condition of the obtaining of said parcel split. The character of the property in the area is rural and the property owners desire that it continue to maintain its rural character and the fewer improvements required for the development of the property in the way of streets, curbs and gutters, the easier it will be to maintain this atmosphere. 4. THE granting of this variance will not adversely affect the comprehensive general plan because: The density and lot size of the parcel map is well within the comprehensive general plan and the property does not affect in any way any current foreseeable road- way system. ATTACHMENTS: Exhibit IA', plot plan, dated September 12, 1975 Letter from Woodside/Kubota and Assoc., dated September 29, 1975 Location Map AM:mdp 10/3/75 -7- 1 2 3 '4 5 6 7 8 9 10 11 1 wit: PLANNING COMMISSION RESOLUTION NO. 1246 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROV- ING A VARIANCE FOR THE PURPOSE OF SUB- DIVIDING AN EXISTING NONCONFORMING LOT NOT FRONTING UPON A PUBLICLY DEDICATED EASEMENT ACCEPTED BY THE CITY ENGINEER INTO FOUR SUCH NONCONFORMING LOTS ON PROPERTY LOCATED ON THE NORTH AND SOUTH SIDES OF SUNNY CREEK ROAD EAST OF EL CAMINO REAL CASE NO.: V-255 APPLICANT: RUSSELL W. GROSSE WHEREAS, a verified application for a certain property, to 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 All that portion of Lot B of Rancho Agua Hedionda, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 823, filed in the office of the Recorder of said County, November 16, 1896 and further described on file at the City of Carlsbad Planning Department has been filed with the City of Carlsbad.and referred to the Planning Commission; and WHEREAS, said verified application constitutes a request as provided by Title 21 of the Carlsbad Municipal Code d ; and WHEREAS, the public hearing was held at the time and in the place specified in said notice on May 12, 1976; and WHEREAS, the applicant has complied with the Public Facili- ty Policy of the City of Carlsbad and has provided the necessary information which insures Public Facilities will be available and current with need; and WHEREAS, the subject application has complied with the requirements of the City of Carlsbad "Environmental Protection Ordinance of 1972" in that an Environmental Impact Statement 6-1-76- 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 :1 0 - , was prepared for the project and based on the statement and a site inspection, a negative declaration was issued for the following reasons: 1) The project entails no major damage in the existing natural environment; it attempts to maintain it. 2) The project proposes minimal public facility improve- ments and service requirements. WHEREAS,'at said public hearing, upon hearing and consider- ing the testimony and arguments, if any, of all persons who de- sired to be heard, said Commission considered all factors relat- ing to the Variance and found the following facts and reasons- to exist: (1) It is in the City's interest to permit low-density resi- dential development which retains the natural terrian and landscaping of the project site; (2) The exceptional or extraordinary circumstances or condi- tions applicable to this property that do not apply generally to the other property or class of use in the same vicinity and zone are: (a) There is no possibility at this time that the City of Carlsbad can provide any street, water, or sewer service to this property since it is bounded on the north, east and west by County property. (b) The project site is unique in having a large number of mature trees, and in having a steep cliff along its southern boundary. (3) This variance is necessary for the preservation and enjoy- ment 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) Most of the property in the vicinity is under the County's jurisdiction, and the parcel split requested would be granted by the County without the stringent requirements of the City. (4) The granting of this variance will not be materially detri- mental 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: -2- I 0•° 1 (a) The character of the property in the. area is rural and the proposed project will maintain this character. 2 (5) The granting of this variance will not adversely affect the comprehensive General Plan: (a) The density and lot size of the parcel map is well with in the comprehensive General Plan and the property does. 5 notaffect in any way any current foreseeable roadway 6 system. 7 NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of 8 the City of Carlsbad as follows: g (A) That the above recitations are true and correct. 10 (B) That a Variance for the purpose of subdividing an existing nonconforming lot not fronting upon a publicly dedicated 11 easement accepted by the City Engineer into four such non- conforming lots on property located on the north and south 12 sides of Sunny Creek Road east of El Camino Real, be approve and is subject to the following conditions: 13 (1) The previous Variance approval on this property 14 (Planning Commission Resolution No. 1202) shall become null and void. 15 (2) The approval is granted for the land described in the 16 application and any attachments thereto and as shown in Exhibit "A", dated September 12, 1975. 17 (3) Prior to filing a parcel map to subdivide the property, 18 the applicant shall apply for a change of zone to R-A-2.5 and R-A-2.5 (F-P) acres. 19 (4) Improvement plans for the project shall include the 20 provision of direct water service to all lots. 21 (5) The location of fire hydrants and their fire flow shall - be approved by the Fire Chief prior to approval of a 22 parcel map. 23 (6) As a condition of the required tentative parcel map, the subdivider or his successors in interest shall: 24 (a) Agree not to oppose the formation of the proposed 25 College-Cannon Improvement District; 26 (b) Offer to dedicate a 100 foot right-of-way plus approved construction slope easement to match as 27 best as possible, the route of the secondary arterial proposed to intersect the northeast come 28 of the parcel - any difference in area between pro -3- I IR r posed and utilized right-of-way shall be vacated to the owner. (c) Offer to dedicate a 15 foot wide sanitary sewer easement along Sunny Creek Road within the sub- division boundary, as approved by the City Enginee Execute a lien contract for future construction of a 20 foot wide paved road from the proposed lots to El Camino Real to be fulfilled if the afore- mentioned secondary arterial has not been installe within five years. (e) Subdivide the parcel so that each lot has direct access to the aforementioned secondary arterial or to a dedicated or private improved residential street connected to that arterial. Said residenti 1 street shall meet the standards of the City's Rural Development Ordinance. PASSED, APPROVED AND ADOPTED at a regular meeting of the City of Carlsbad Planning Commission held on May 12, 1976, by the following vote, to wit: AYES: Commissioners L'Heureux, Nelson, Larson and Dominguez. NOES: None ABSENT: Commissioners Fikes, Watson and Jose. ABSTAIN: None t e i r ma n ATTEST: DA Agatep, Scretary 5 6 7 8 9 10 11 12 131 14 15 16 171 18 19 20 21 22 23 24 25 26 27 II -4- .1 2 3 4 5 6 7 8 9 10 1] 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 3]. 32 PLANNING COMMISSIONRESOLUTION NO. 1202 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A VARIANCE FOR THE PURPOSE OF SUBDIVIDING AN EXISTING NONCONFORMING LOT NOT FRONTING UPON A PUBLICLY DEDICATED EASEMENT ACCEPTED BY THE CITY ENGINEER INTO FOUR SUCH NON- CONFORMING LOTS ON PROPERTY LOCATED ON THE NORTH & SOUTH SIDES OF SUNNY CREEK ROAD EAST OF EL CAMINO REAL CASE NO.: V-25 5 APPLICANT: RUSSELL W. GROSSE WHEREAS, a verified application for a certain property, to wit: All that portion f lot B of Rancho Ague Hedionda, in the City of Carlsbad, Codnty of San Diego, State of California, according to Map thereof No. 823, filed in the office of the Recorder of said County, November 16, 1896 and further described on file at the City of Carlsbad Planning Department has been filed with the City of Carlsbad and referred to the Planning Commissior and WHEREAS, said verified application constitutes a request as provided by Title 21 of the 'Carlsbad Municipal Code"; and WHEREAS, the public hearing was held at the time and in the place specified in said notice on October 29, 1975; and WHEREAS, the applicant has complied with the Public Facility Policy of the City of Carlsbad and has provided the necessary information which insures Public Facilities will be available and current with need; and WHEREAS, the subject application has complied with the requirements of the City of Carlsbad "Environmental Protection Ordinance of 1972" in that an Environmental Impact Statement was prepared for the piojet and based on the statement and a site inspection, a negative declaration was issued for the following reasons: 1) The project entails no major damage in the existing natural environment; it attemptt tomaintain it. 2) The project proposes minimal public facility improvements and service requirements. WHEREAS, at said public hearing, upon hearing and considering the testimony and arguments, if any, of all persons )vho desired to be heard, said Commission considered all factors relating to the Variance and found the following facts and reasons to exist: . ... (1) It is in the City's interest to permit low-density residential development which retains the natural terrain and landscaping of the project site; (2) The exceptional or extraordinary circumstances or conditions applicable to this property that do not apply generally to the other property or class of use in the same vicinity and zone are: (a) There is no possibility at this time that the City of Carlsbad can provide any street, water, or sewer service to this property since it is bounded on the north, east and west by County property. (b) The project site is unique in having large number of mature trees, and in having •a steep cliff along its southern boundary. (3) This 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) Most of the property in the vicinity is under the County's jurisdiction, and the parcel split requested would be granted by the County without the stringent requirements of -the City. (4) 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: (a) The character of the property in the area is rural and the pro- posed project will maintain this character. (5) The granting of this variance will not adversely affect the compre- hensive General Plan because: (a) The density and lot size of the parcel map-is well within the -comprehensive General Plan and the property does not affect in any way any current forseeable roadway system. 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. 13) That a Variance for the purpose of subdividing an existing non- conforming lot not fronting upon a publicly dedicated easement accepted by the City Engineer into four such nonconforming lots on property located on the north and south sides of Sunny Creek Road east of El Camino Real, be approved and is subject to the following conditions: (1) The approval is granted for the land described in the application and any attachments theretb and as shown in Exhibit A, dated 9-12-75. - (2) Prior to filing a parcel map to subdivide the property, the applicant shall apply for a change of zone to R-A-3.5 acres. (3) Improvement plans for the project shall include the provision of direct water service to all lots. :1. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 - 2411 25 26 27 28 29 30 31 32 ~M •1 3. 2 4 5 6 10 7 8 9 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 • 29 30 31 32 (4) The location of fire hydrants and their fire flow shall be approved by the Fire Chief prior to approval of a parcel map. (5) As a condition of the required tentative parcel map, the sub- divider or his successors in interest shall: a) Agree not to oppose the formatio.n of the proposed College- Cannon Improvement District; b) Offer to dedicate a 100 foot right-of-way plus approved construction slope easement to match as best as possible, the route of the secondary arterial proposed to intersect the northeast corner of the parcel - any difference in area between proposed and utilized right-of-way shall be vacated to the owner. c) Offer to dedicate a 15 foot wide sanitary sewer easement along Sunny Creek Road within the subdivision boundary, as approved by the City Engineer. d) Execute a lien contract for future construction of a 20 foot wide paved road from the proposed lots to El Camino Real tobe fulfilled if the aforementioned secondary arterial has not been installed within five years. - e) Subdivide the parcel so that each lot has direct access to the aforementioned secondary arterial or to a- dedicated or private improved residential street connected to that arterial. Said residential street shall meet the standards of the City's Rural Develormient Ordinance, PASSED, APPROVED AND ADOPTED at a regular-meeting of the City of Carlsbad Planning Commission held on October 29, 1975, by the following vote, to wit: AYES: Commissioners Watson, LHeureux, Larson, Packard, Fikes Jose - NOES: None ABSENT: Commissioner Dominquez Jr., Chairman ATTEST: Donald A. Agatep, Secretary -3- I To 0 v QUALITY ORIGINAL (S) /i. , ~ - , i ~-,~ . , , , I 1, ~ .~ ~ '-', " ~-- ~ , I I - I - ~ I I I , ! ,,, , " - , , , , -, , ") .,. ,~ " " -~', ,,, , , • ••••'• •. ...•.. Ii .... • RD 277J0' • . a," i1 CA.L 1-11 I Case No. j Date R.c'd:5 !IJII)*'ORC Oit.:•}' 'PC DateOv.f 'j -'L. Description of Request:___ 4. t I'll Radress or ocaton of icequest:. 1 • RD 1 E . c'R,I 11 I ,Ill;,-,-,,,-,II.1`-1- Brl:fLe ' ~1111111 General P'an Land se Decr1pt1on: (c . b.JM.') Existing Zone: roposid_Zone: • Acres: _No. of. Lots:_'_DU's_PU/Acre_______ $choQ1Sr 'trAQ,4_7 '_• Water Sanitat1oDfitrict: Mia _' Within____Coast__Phn__Area:'_(oast_Perat_Area:j.p S