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HomeMy WebLinkAboutZC 202; Tootsie K Ranch; Zone Change (ZC)STAFF RE.PORT DATE: February 14, 1979 TO: Planning Commission FROM: Planning Department SUBJECT: Case No. ZC 202, Tootsie K REQUEST: Zone Change from LC to R-E Background Location and Description of Property The approximate 186 acre parcel is generally situated approxi- mately 2,000 feet east of El Camino Real, and 4,000 feet north of Palomar Airport Road. It is an irregular shaped property without public access. There is, however, an unimproved private road leading from El Camino Real through the site to Squires Reservoir, known as Sunny Creek Road. The area is generally hilly with some plateaus cut by ravine~. The westerly portion is lower rising gently towards the east and north. A detailed d~scription of the site is contained in EIR 352. Existing Zoning Subject Property: LC R-A-10,000 North: South: East: West: R-A-2.5 ac., M-Q, O-S o-s, R-A-lo,ooo E-1-A (County) Existing Land Use (See EIR for more detailed description) Subject Property: Agriculture (truck crops, packing sheds, 2 homes, and some vacant land. North: Agriculture (truct crops) and some vacant land. South: Vacant land, industrial (industrial development is separated from subject property by a cliff that rises above the Agua Hedionda Creek) -1- East: West: Agricultural uses and reservoir Agricultural residential and vacant land. Environmental Impact Information The Final Environmental Impact Report for Tootsie K Ranch Pre- Annexational Zone Change and Annexation was approved by the Planning Commission on January 25, 1978, and certified by the City Council on February 21, 1978. The EIR was prepared assum- ing a zone change to R-A-1, but the L-C holding zone for the property resulted from Council action. A major concern of EIR was the density of development. One of the mitigation measure~ states "Development of the Tootsie K Ranch property shall be at as low a density as feasible. The proposed R-E zone permits density no greater than one dwelling unit per acre, and in cases of steep slopes, requires even less dense development. Consequently, the conclusions of the EIR apply to the subject request and require no additional environmental review at this time. The EIR provides that further environmental study be conducted prior to speCific development proposals. Past History and Related Cases ZCA 86, Ordinance No. 9498; On May 2, 1978, the City Council revised the zoning regulations by.adding the Rural- Residential Estate Zone (R-e). TheR-E zone is designed to allow single family residences which are harmonious with the natural environment. The minimum lot size is based on the average slope but is not less than one acre. ZCA 185, Ordinance No. 9395; ON March 21, 1978, the City Council appr~ved ·a preannexational zone change from County A-1-(8) to.Limited Control (LC) for the subject property, the Tootsie K. Ranch. The applicant requested a zone change·to R-A-1. Following examination of theEIR and public opposition, staff determined that R-A-1 was an inappropriate zone for the property. Staff recommended the application of the LC zone, which is a holding zone to permit annexa- tion and will allow agricultural uses and uses already on the site. The applicant indicated the LC zone was acceptable at that time. EIR 352; The Final Environmental Impact Report for the Tootsie K Ranch preannexational zone change and annexation was _L approved by the Planning Commission on January 25, 1978, and certified by the City Council on February 21, 1978. The EIR was prepared assuming a zone change to R-A-1 and the conclusions are based on this assumption. The major environ- mental issues in the EIR were delineated as follows: 1) Roads providing adequate access should be paved and developed: 2) An acceptable method of ·sewage disposal should be pro- vided. Septic systems may not be acceptable. 3) The effects of growth on surrounding agricultural lands. 4) Protection of the Dawson-Los Monos Canyon Reserve. 5) Protection of astrophysics solar-wind study of the University of California. 6) The flight path extends over five acres in the southern portion. This land should have development restrictions. ZC.l74, Ordinance No. 9463; The City Council approved a zone change for 25 acres located adjacent to the subject pro- perty on the west. The zone was changed from R-A-10,000 to R-A-2.5 •. The 2~ acre density was granted to preserve the topography and rural character of the area. It was the opinion of the City and the applicant that the City needs a diversity in housing and this area was well suited for rural estates to provide open areas, for horses, view lots, rural living, etc. V-255: The Planning Commission Resolution No. 1246 (Grosse) was approved by the Planning Commission on May 12, 1976, to permit creation of lots not fronting ·on a public street for property described in ZC-174 above. General Plan Information The General Plan Land Use Element indicates low density resi- dential with a density range of 0 to 1.5.dwelling units per acre for this site. The request is within the General Plan range, with the actual zone density relating to the nature of the property and surrounding area. Generally speaking the rougher the terrain, the lower the density. The Land Use Element also indicates an elementary school site on or near this property. The school site will be a factor at subdivision or development of the property. The Circulation Element indicates that two arterial streets will serve this property in the future. An east-west street is planned along the southerly boundary of the property, and a north south street along the westerly portion of the property. These two streets will give adequate access to the property when clompleted. Public Facilities Presently there are no public facilities existing on the property except for water. The entire site is within the Carlsbad Muni- cipal Water District and they have indicated they will be able to serve property adequately. The Carlsbad Unified School District has indicated that agreements are not necessary at this time, but such agreements will be required at time of subdivision. ! ~ I i Roads providing adequate access must be provided with development. Sunny Creek Road will not be acceptable. Size and number of .roads will depend on density and possible growth inducement to surrounding area. Acceptable method of sewage disposal will have to be provided with development. Encina capacity and extension of lines for same are sure to cause long delays. Septic tank disposal has severe limitations in most of the area. It appears that it will be difficult to use a septic system with only one acre lots. Major Planning Considerations 1. Is this new zone, R-E, consistent with the General Plan designation? 2. The R-E zone would permit major subdivisions to be built under the present planning moratorium utilizing septic systems. Is this situation desirable? 3. The zone change would permit residential development at a certain density. At what point will the major access road, Sunny Creek Road, require paving? DISCUSSION If approved, this would be the first application of the R-E ·zone. It seems appropriate. About a year ago the Council denied an application for R-A-1 (Residential Agriculture - 1 Acre minimum) and applied the LC (Limited Control) zone until a more appropriate zone could be developed for the subject property. There seemed to be some intent by the Council to preserve the rural character of the area. The Council was also sensitive to the fact that the varied topography of the site was not conducive to a typical subdivision of land. That was at a time when staff was developing the R-E zone as a result of an identified need for large lot development with minimum public facilities. It seemed that the new_zone might be appropriate for Tootsie K. In fact, began to use the Tootsie K site as model for development standards and the lot size formula. If the R-E zone is applied the minimum lot size will be 1 acre. Lot size will increase, as the average natural slope also increases, to four acres or more. This is explained in Section 21.09.110 of theR-E zone (copy attached). Section 21.19.150 of the zone provides standards for the subdivision of land that would provide additional assurance that rural character would be preserved. The General Plan designation for the site is low density residential with a maximum density of 1.5 units per acre. This is the lowest residential density designation in the General Plan. The R-E zone, then, is compatible with the General Plan. The R-E zone is currently the only zone which would allow for a major, subdivision in spite of the sewer moratorium. Of cour~e, this would be predicated on successful percolation tests and an approved septic system. There appears to be no apparant adverse impacts in allowing this to occur. The site definately has some challenging problems. There is no public access. However, the correct-time to address this is at the time of subdivisions. It is not appropriate to condition a zone change. STAFF RECOMMENDATION That the Planning Corrunission recorrunend APPROVAL of ZC 202 based on the following findings: 1. The proposed zone change is consistent with the General Plan because the zone will ensure that general plan residential densities are not exceeded. 2. The subject project has fulfilled the requirements of the Environmental Protection Ordinance. An EIR was prepared and certified on February 21, 1978. · · 3. The proposed zone change is cons~stent with applicable City Public Facility policies and ordinances because the the subject zone change will not result in any_impacts to public facility availability. ./ . ' '(fl-.· .. . . . ........ ·:-. · .. "!•-...... . ·: i . · .. Sq,.iroa o.. .... ~~~~ •• ':·- zc .202' TOOTSlS. K . . ... z~J'-1-7~ ........ ·. . . I . ·. . . ., : .. • • .· .. . .. . -· ':' ., CASE NO.;c,.C-20.2.. Date Rec 'd:......_-:..JI /;.;:::z.~/-'7_.j~----DCC Date: z / <. /7'} PC Date 2/t'f /:J..9_ t Description of Request: ~0 N E. C \-\AN G E FRO~ . · L C.. . :ro R-E. Address or Location of Request: NORTHEAST c..o.R.t-1t=:R ot=-'EL C..{\M\No R"g.AL ANIJ~-­ PAL<JMAR A\ Bft?IIT 1\Cfo.Q Applicant: KNOLL II "'-~ C BV'STr'\L £?_ L CA~O t::.!_,_c_,~A~-~:------------------- Engr. or Arch.~OHf) p. GOOOf\RD 3ZL/O PARKWAY I2RIY ..... E.-·-=LA~tll-'~--=u.A _______ -,=-::,..---- i l i Brief Legal: fCKDoN· 6F L.CT B ,Rf\NC.\-\0 AGUA m~QQ.NJ?I\) MAP f!23.J __ RE_C.~~D\=D NOVEMe,E. R. lt:.1 IS'} C., . . , Assessor Book: ;2..09 Page: 070 Pa.rcel :~0::.::3..,)~Q;£_7.:.___· ----- Genera·l Plan Land. Use Description:. RES! PEl'{J)/\L-LOW 12"Et\SrJ"Y · E.xisting Zone: · · · LC. · · · · · · P.roposed Zone : R-E. Acres: I ftj No. of Lots: 2. DU ,·.....,S--t-J-./_f'\ __ __,..D_U_/,....A_c_r_e_N.,....}-1\-:-· School District: N/A. · · · · · · · · · t Water District: CARL.Sl3AD MlJNIC.I f'N.. yll\rE-B D\~JE~Sanitation Di!;trict: C fD Of CARLC::.SA'D ! Coast Permit Arca: __ ~ __ o __________________________________ ~--~--------~-----------------I ,·-·· .. ' '!:"".--....... ' • . . . ~· I l 2 -3 -4 5 6 . ,. • • ,. . . . .· ~ . . t '": , .. ··. ...... · ... .. . •. ~ ... · .. . . . . ·~ • • • ' ..... f . . . • ... . ... ORDINANCE·NO. 9498 AN ORDINl;\NCE OF THE CITY COUNCIL OF THE ··CITY OF Cl\.RLSBl\.D, Cl\.L:J:FOHNIA, AHENDING . VARI.OUS" CIJAPTEH.S OF TITJJE 21, OF THE CARLSBAD !'1UNICIP1\L CODE TO REVISE THE ZONING REGULATIONS l3Y ADDING THE RURZ\L- RESIDENTIAL ESTATE ZONE. .. The City Council of the City of Carlsbad, California, doe~ • I I . .. ' • I 7 ordain as follo\vS: ; ·a 9 t to 0 10 0 N Cl' 11 u <.' ::>=; ~.!... :.JC:: 12 !O 'll.. "'-· ~ .J -· < wo 13' O· ~ n· .. < :14 (:J t'J -J 0: ...:· 15 u 16 17 •18 1!) 20 • 21 . 22 23. 24 25 .,.... ,. / SECTION 1: Title 21, Chapter 21.04 of the Carlsbad Muni~ipaJ . Code is amended by the amendment of Section 21.04.065 to read as follO\-;rs: ~ .... .. . ... "21.04. OGS Buildinq Height.· ·The height of a ·building or structure, shaJ.l be.measurea usthe greatest vertical distance along a line betweep .the highest point of the coping of a flat roof or the highest point of a mansard roof or the average height of the highest gable of a pitched or hipped roof and finished grade at ~ny point adjacent to, or five feet out from any building wall (or at the property line, whichever first OCcurs), Hhichever is lower·in elevation. · Provided, however, that for parcels \>lhich slope dm·mHard from.a dedicated public right-of-way, whenevGr the natural grade elevation difference betHeen the average elevation of the grnde along the front yard setback line and the average elevation of the grade along the rear most building or structure wall e~cceds a slope of 2:1, (one foot vertical rise in 2 feet of horizontal distance), the building or structuic height may me measured vertically along the rearmost buildi~g or ~tructure wall, rather: thun five f~ct out from the wall. : · · Ih the cases where retaining walls or fill gradinri arc utilized to create fini!>hcd ·grade higher in elevation thun ·pre- existing grade, then.prc-cxisting grade shall be used in the determination of building or stp1cturc heiCJht. Pre-existing .grade is defined as the ground level elevation which cxir;tc<l prior to nny si tc preparation related to 1 or to be incorporated into 1 the propo5ed 11C\·I development or al tcJ:-ation. 11 · . ., SECTIO!~ 2: Title 21, Chapt:cr 21.05, Section 21.05.010 of ~ the Cnrlnbad t·1uni.cipal Code in nmcndcd by the nddi t1.on of the I fol.lm-1ing: .. f ' f t . ' . .. . . -·, I . 2 . .. 3 4 5 6 'I 8 . 9 ; . 10 11 t o· "12 ( ~ Co 11 13 J 0 0 X: N I{ 0> ~ w5 14 ::>z ~c: .. >"0 15 =·<!:: .>;:t.J ... <t. wO .. "16 u 8 ci '!N<t_ c~m ) Cll -.J· 17 -c: ( <t. 0 . 18 :; 19 . 20 .. 21 22 . 23 24 ·'25 26 27 .. .· . • . .. '· . ... • ' .•.... ,j. ~- . . ) ; . ' ... ' • ·. SECTION 3: Title 21, Chapter 21.05 :of the Carlsbad Municipal . Code is amended by the amendment of Section . 2.1.05.020 (3) to .. - read follm"s: .. as ~ "(3) Uses permitted.in the R-A·Zone, the 0-S Zone, the E-A Zone and the R-E Zone shall be considered to be as restric~tive as those permitted in 'the R-1 Zone I except that those uses pertaining to animals shall be considered as 'more restrictive ~ses• £6r the purposes of this section"~ SECTION 4: Title 2l.of the Carlsbad Municipal Code is 12ereby amended by the addition of Chapter 21. 09 to read as f.ollovlS: _''Chapter 21.09 .. ·:-. R-E ·.Rural Residential Estate Sections: · .. ..... 21.09.010 21.09.020 21. 09. 030 2i.09.040 21.-09.050 21.09.060 21'.09.070 21.09.075 .21.09.080 21.09.090 21.09.100 21.09.1].0· 21.09.120 21.09.130 21.09.140 21.09.150 21..09.160 "21. 09·.170 ·2i.09.180 . Intent and purpose: Permitted uses. Perinitted accessory uses and structures. Uses and structures permitted by conditional use permit. District requirements. Storage requirements. Building height . Fire retardant roof required. Front yard. Side yard. . Placement of buildings .. Minimum lot area •. Lot width. Lot coverage. Parking. .· .. . . .. Subdivision of land in the R-E Zone • Modifications .of p6blic improvements. Covenilnts, conditions and restrictions. Findings required for rezoning or resubdivision to-~-more intensive use •. .... .-.,...-.-. 21.09. 010 Intent nncl purpose·. The intent of the n-g Zone is to provide a x·esidential nrea in harmony •.vith the nntural terrnin and \oJildlifc. l\lhcrc. feasible or desirable there m:c to .. • ba large open ureas betvJcen strus:tu":res, lnJ:-gc yards, and nr<!ll!.; left in a natprnl setting. The zones. nl1all be limit~d to single family I II.~~ Ill ... . . . . ,, •• • • • .. _l 2 3 4 5 e; . 7 . 8 -,· 9 • ! 10 i '. (l'). ! 0 0 ' N: 11 i Ol ·-·~ · 1z ·c:: 12 ·o " IL ~::i 13 ""<.!: "'o 0 ~ o' 14 ·9-l< Cl " ...J Cl: 15 <· u ·16 17 .lB l9 20 '21 22 23 24 25 . .. . . ... , I •, . . . .. . · . . . -----------------------------~ '-.-..t . . . . • . . ·, . · .. • development '\'Ti th incidental and compatible agricultural USeS. Public facilities shall be sufficient to provide for convenience and safety, but need not meet full City standards. \• 21.09.020 Permitted uses. In an R-E Rural Residential Estate Zone, only the following uses are permitted subject to the provisions of this chapter, and to the development standards provided in Chapter 21.41 and 21.44: - (1) One one-family dwelling unii per lot. (2) Grazing of ruminant animals provided that there is a minimum of 10 acres of land used exclusively for such grazing and the number of horses and cattle .. does not · exceed 4 per acre, or small animals, such as goats · and sheep, does not exceed 12 per acre. For combining of animals, one large animal is equivalent to 3 small animals • (j) Crop production. (4) Floriculture. . · ... ~· 21.09.030 Permitted accessory uses a,nd structures. If a one'-family d\·lelling \.lni t exists on a lot, the following accessory uses and structures· are permitted on· such lot on the same terms as the permitted uses specified in.Se6~ion 21.09.020: (1·} (2) (3) .... Ordinary ho~seho'ld pets, ··including but not limited to dogs and cats. Not more 'than t\-vo· adult dogs and tv.ro adult cats are permitted for each dt.·lelling· unit together with offspring under four months of age. llorses and other grazing animals provided that such animals shall not exceed one for each 20,000 square . feet of land specifically designated for such~p.nimal. You~th farm projec·ts that. are sponsored by _nonpro'fi t organizations such as ~-H. ··· (4) Barns, private garages, -playhouses, windmills, silos~ radio and television rec·ei ving· ant:ennas, . stables, and .... :· /"~Othcl:-similar a.c_cessory uses required for the conduct· ··· · ·· ·of the permitted uses. . · · -~ (5) Greenhouses less than·2,000 s~uarc feet, provided all rcquircmci1ts for yards·, setbacks and height arc met. (6) Poultr-y,, .. ·rabbits, chinch:i.ll.:1s nnd other sm<1ll animols provided that all .su<;:h .:1nimals sh.:1ll at all timco be confined to ;m enclostfre, and thnt not moJ~c th<.1n 25 of any one animal or combJ.nation of such animals may be maintained at,any time· on any single lot. . ' ·. ·. I I ~ I t t , . ~ . ' ' .. .. l 2 3 '4 .. 5 i 7 . . 8 ,. t:). 9 g. q N C\ 10 ..,c:;: ~~ L:!;: •'11 :.. 0. <: 1.:. .• :; :3. ..... ~ .... 0 12 0 ..: c::· .. t) 13 t.) .J ~ < Q 14 15 16 . 17 .. ·18 . 19 .· 20 • . 21 22 23 24 25 • , ... ... . ... . . . . .. •• -· ·.' .· ,· .. ... .. .. ... ... .. .... ,.. '• . . .. ' . I (7") · i.1aintaining mail address· for co~merc.ial and business 1icense purposes only, provided no stock.in trade, supplies, professional equipment, apparatus or business equipment except such as are accessory to a permitted use are kep-t· on the premises, and provided that no employees or assistants are engaged for services on the premises except in connection \'lith uses specificall] listed a~ permissible in this chapter, provided further that no more than orie motor vehicle may contain ~quipmcnt, tools and stock in trade ma~ntained therein provided such fools and equipment are not used f6r the performance of services upon the premises and the stock in trade is not sold from the premises . 21. 09. 04 0 Uses and slructures perrrii tted by conditional use permit. Subject to the provisions of Chapter 2l.SO, the following uses and structures are permitted by conditional use ·. permit: · (1) (2) (3) (4) . (5) (6} Apiary, ·provided that all hiv~s or·boxes housing bees shall be placed at leasf four hundred fe~t from any street, .school, park, Residential Zone, or from any d\·le].ling or place of human. habitation other than that . occupied by the owner or ciretaker of the apiary . 'commercial ·stables and/or horse-boarding facilities. Greenhouse greater than two-thousand square feet, provided all requirements for yards, setbacks and height are met. · Nurse~ies, both wholesale ·and retail. Poultry, rabbits, chinchillas, and other small ani.mals i.n excess of 25 of any o11:e an..,imal or combination of such animals. · Produce stands, for th~ sale of produce raised on the si'te . .. 21.09.050 District requirements. The R~E Zone shall not be applied to any area of less than .10 acres of contiguous land. Property~eparated by .a public stredt shall be considered contiguous if more than 100 fecit of frontage is on direct. opposite sides of the street. . . .. -.. ~,;:.;....-.. - 21.09. 0 GO st·ornq_c reCJnircments_. Storage of all equipment, supplies, and recreation vehicles :::;hall be within. cnclo~,;ed buildings. or shall be shielded from vim·/ from public streets or Citsemcnt.s by la1~dscapc barrier or· other mcthoch; • . , . :n: 09. Q70 nuildincr hc:-:i.qht. No building in the H-E Zone shall. exceed u hc.i<jht of J!j . feet~ . ~·. 0.9 • 0 7!> Pi.E£_l~_i.'~~~E.~~~~-~~1: __ 1-:-nr!..:~-~~~tE~c}.. 1\ll .bu.i.ld:i.n~p; :in tho n-E Y.one :~haJJ. be coll::tnu;t:cd w.i.t:h a f.u:<~ n~ti\rd:ml: roof cov<'l"- ---I I to t • I .. • • • . . . .. ~ . '. ·. l 2 3 4 5 6• 7 8 I e1 c. 9 (" ' ,,. c lO a.:< . ~:::: I 5 i2' 11 :-o < 1:. I:~ J L!·5 12 ~~ o· . ~a 13 '') ..J ·C::: . ~ ii 14 I ' "15 . 16 17 .. • .. ~ . . ' \ .. . . ·"' . . . .. \ .. ' •• •. . . . . .. .... 21.09. 080 Front YErd. Every-lo~·in the R-E Zone shnll ·have a front yard which has a depth of not less than 70 feet. Building or structures may occupy a poftion of the ~ront yard as follows: (1) (2) (3) ~- .... , . Fences of W"ood ·or \'lood and mnsonry combinntion, chain link or equal quality, not to exceed 5 feet in height, provided the.fence is at least 50 percent open and is located-at least 10 feet. from the front property line. Roofed shelter for animals open ·on at least threo sides provided it is located at least 20 feet from any . property line fronting on a public street or easement. The Planning Commission may npprove the construction of d\ .. rellings and garages provided they are located · at least 20 feet from the street property line in cases wHere th~ difference in elevation of the required front yard setback line and the center line of the street exceed 15 feet. Application for such reduction in required fr-ont yard setJ?ack shall be made by Site Development Plan as per Chapter 21.06 of this code. 21.09.090 Side yard. In an R-E Zone an inteiior side yard shall not be less than 15 feet in width and street side yard shall not.be less than 50 feet in-width. The Planning Commission may approve the construction of d\vellings and· garages provided they are loca·ted at least 20 feet from the street sic1e yard p·roperty line in cases where the difference in elevation of the required street side yard setback line and the center line of the street exceeds 10 feet. Application f6r such reduction in required · stre~t side yard se~back shall be made by Site Development Plan as.pcr Cha~ter 21.06.of this code.· 21.09.100 Placement of buiTdings. Placement of buildings 18 on any lot shall conform to i;hc following: · 19 2o J . 21 22 . 23 24 26 26 ().) Except as permitted by SectionD 21.09.080 and 21.09.090, ·· ·~: l·~~no building shall occupy any portion of a required yn"rd. [2) · ·Any building, any portion of \·Jh.ich is used for human habitation, shall observe a distance from any rear propcrt.y .).inc the equivalent of twice the required intcrioJ:. side yar~1.. . · (3) ~'he· dist:ance between buil<l:i.ngs u.scd for human habitation and dcta6hcd acce~sory buildings shall not be less than 10 feet. · (4_) 'l'he keeping of a,l.l domestic an:i.mnls provided for in this chapter shall conform to all othcJ~ prov.i.!d.ons of .r. 1 1 avt 1 govcrnin<J n."lme. m 1 1<: no 0 pcf.n, coof. p, nt)ab~<1~ 1 ?r 1><.\l~n 1 s Hl 1 be erected \v.l.t nn t1 :cct o: nny )UJ ... < J.n~T u~:c< for human habi ta t:i.on or wi t:h:i.n 25 feet ··of nny pl7opcl7l:y line. . ' . I I e •, , ' . . ' , ·~) 0 CJ N . (;\ . "'< ; ~ 2 u r: . ~· (.) . .. .r: ,, . -· . ~j < (.) J 0 ' 0 0 :: t; ~ .. ) .. ci -ti) .J ... c: <1: -u i . . . .1 2 3 4 5 ~ 7 8 9 ' 10 11 12 13 14 15 · .. 16 17 . :1a . 19 20 . 21 22 • ' .. .. . . . . . .. ,. . . .. ., . , .. .• . .. . .. .. (5) A building permit for a &.Jelling unit to. be located further than 500 feet from ~ fire hydrant shall not be issued without the approvaf of the Fire Chief. The Fire Chief may require the installation of additonal safety equi:'pmcnt, including fire hydrants or stand pipes as a condition of such approval. 21.09.110 Minimum lot area. The.minimum required area of a lot in the R-E Zone shall be detennincd by average natural slope of each lot proposed for the property. In no case shall a lot be created with an area of less than one acre. The area of a~lot shall be determined by the application of ·the following formula: · l\lhcre· s I L A 0.00229 .(1) Lot Area . Average Natural Slope ·Minimum Lot Size 0% to 12.:5% 12.5% to 20% 20% to 25% Over 25% . . ; 1 acre 2 acres . 3 acres · • . 4 ·acres (2) .' Average natural slope shall be determined when the = ;:: ;:: = = / property is subdivided •.. The subdivision map shall indicate the proposed boundaries bf each lot and the natural slope of each lot. To calculate average . natural slope, the subdivisibn map shall be drawn to an appropriate scale (not greater than one inch equals 200 feet) and contain contour intervals not greater than 5 feet. Computation of the average natvral slope shall be done using the following formula: · . . . S = b.ci0229 X ·I X L . :. .~ .hverage natural slope in'percen.t Contour interval in feet · Length of contour in fe6t .• .. Acres of arria being measured Constant wl1ich convert~ square feet into acres atid expresses slope in percent 23 . . .. 'l'he .. average natural slope shq.ll be certified by « registered Civil 24 ·gngincer .. · 25 "(3). 2G l~hcn the nubcl.i.vit~5.on'in ill~cns contn.i.necl ·therein . t. . cl rc:-.;tr:~.c · J.on::> .unpo:;c on clHlptcr. · ~pprovcd nnd recor~c~, the lot !;h~l J.J. be n part. of the ?.Oil :i 11~1 the s ubj cct: pl:oper ty by th i :~ .. . , .• . · •. .· . . . . . ' .. · ... .. .t:l c C" N "' l 2 3 4 5 6 7 8 9 q 0 10 11 12 13 14 15 16 :L'i 18 19 20 21 22 2~ 24 25 2G • ' ,. 0 • . .. : . . . .. · 21.09.120 Lot width. (1) .. (2) In the R-E Zone, every lot preated shall have a minimum lot ,.,1dth of 100 feet. The City Codncil for major subdivisions or minor subdivisions on appeal and Planning Commission for minor subdivisions may approve panhandle or flagshaped · lots where the lot area width and yards shall be measured as follows: (A) The buildable portion ot the lot which is the total area minus ~hat portion containing the access portion (handle) ~hall meet the minimum area requirement of the ~-E Zone. (B) The width requirement for. the buildable portion of the lot shall be as required for lots in the: R-E Zone. (C) The yard requireme~ts of the R-E Zone shall be met except that front yard setbacks may be reduced to 30 f.eet. .. (D) The min"imum v1idth of the access portion shall be · ~ 24 feet except where the access portion is adjacent to fhe same portion of another such lot, in which · ·.·case the required minimum 'ividth shall be 15 feet, provided a joint easement ensuring common access of a minimum width of 30 feet to both such portions is recorded; (E) An improved drivmvay shall be provided \-lithin (F) the acess portion of the. lot from a public street or public easement to the parking area on the buildable portion of the lot which is at least 14 feet \-lide for single l.ots and 20 feet wide ·v.~hen serving more than one lot. The minimum overhead clearance shall be 10 feet. The drive0ay shall ."be constructed of -two inch thick asphalt concrete paving on proper base with rolled edges. . -~ .... :/. .· .... / ~ Each lot shall have:at least three nontandcm parking spaces w.ith"hn apptoach not les~ ·than 2~ feet in length with· proper turnaround space. to ... -:· ... -0 .:/' permit complet6 turnaround for forward access to tl~e street. Thi!.> parking and access arrangc!ment shnlY~be designated to the sntisfuction of the Plnnriing Director. (G) Structm:-cs permi ttcd in the access portion of the lot shall be limited to mnilbo)~es, fences, gates, trash Cl1clos\,tres, lnncbcape containers and name- pln tcs. Except fo1: mai lbo::-:er~, . the;,c s true t:un~::: shall not be CJrc;ttcr t:h<ln '12 inches in he:i.~Jht: i .f located within /.0 feet of tht.! r.trect property l inc or grc.:t tor t.han G feet in hc:i.gh t beyond l:hi:j poin l:. .. ,. I I • . J [!) c~ ( C•.' ~· ::! < ~~ ~ &: :i .3 ., oc ~;; ii· .E < u • • • . l 2 3 .. . .. .. • -• I .. ' •' . .. ' ~ . . . . • .· .. ·.··' . ... (H) The property owner o~·such a lot s~nll agree to ~old the City or any other public service agency harmless from liability ,for any damage to the dri ve\vay w]1en being used to perform a public service./,. · · · .· -4 21.09.130 Lot coverage. All buildings including accessory • buildings and structures,. excluding greenhouses, shall. not cover 5 more· than 20 percent of. the area of the .lot. 6. . 7 8 9 q 10 11 12 13 14 . 15 .16 17 ·18 19 20 '21 22 23 24 25 nr.. 21. 09. 14 0 Parking. Nob1i thstanding parJdng ·requirements of Chapter 21.44, not less than two off-street parking spaces shall . b~ provided for each residence. The required two spaces shall be covered by a garage or carport, and the driveway adequately paved Hith either concrete or asphalt cement prepared over adequate base. _,.- 21.09.150 Subdivision of land in the R-E zone. The sub- division of land in the R-E Zone shall be subject to the following: (1) Subdivisions shall be ·subject to all provisions of the City's subdivision regulations (Title 20) except as ··specified in Section 21.0~.160 of this chapter. (2) In addition, the City Council will review the tentativ~ map for compliance with the intent and purpose of the R-E Zone ·and with the following standards: • (A) . Preservation of the rural and natural characteristics of the area within th6.R-E Zone~ (B) That the orientation of improvements on the individ- ual sites to relate with the natural topography . (C) Property lines shall be designed in keeping vli th the terrain by follmving natural drainage courses, ridge lines, and tops of graded slopes wherever practicnble. . · (D). Grading to be minimized but vlherc grading is necessnry it is to plcnd with the natural. topography wherever practicable .. (E) Favorable features of the individaul sites (i.e., mature trees and.oth~r significant vegetation, rock outcroppin9s, mtipnds, view, etc.) can be preserved and maximized. . (F) ~hcindividual sites-will have a desirable viDual appearance from all practical view points (adjoining developments, s.trc9ts, trails, and other view corridors. . (G) Each lot of the ~ubdivision is btiildablc with usable accc~n w:i. thoilt undo al tcrntion of the terrain. ., ( 3)·· 'J~o. facilitate this review, the applicant shall snbmi t /'. a prelim.i.n<try grnclinq -pl.":m to the City with the 'l'cm tn ti ve map. 'l'.hc pre l imina ry qr<tdi nt) p 1 i1 n n hn 11 !' hov1 exintin~J topouraphy, pn~limi.nary ~Jl7.:Hlin<:f, dril.i.n<l~Jc, ., ' ...... . I •• ' ' . .•. , .. .. 0 .1 2 3 4 5 6 7 ·8 9 <. ~ rg e'l 10 ..1. 8 !: • c, ~ C.\ .. ~· < . 11 5?.:; ~ t: , .. >·o 12 <: "· .:: :J . -· < ._uo ; 0 • 13 :-?.0 := ·"·< ) .. C) ~ ~ 14.· :: c::: ..: <I; -: o .. 15 ~ 16 17 18 19 20 . 21 22 23 25 2G • • . •. . .. . .• . . . .. . . . .. . .. ~ .! . : •. . .... • .· .. ~ . .,. :·. ' .• . . . • . clriyes, building pads, streets and tra·ils. In addition, the preliminary grading plans shall indicate all areas of mature trees and native perennial vegetation. (4) In addition to the findingi required by Title 20 and . the Subdivision ~-'lap Act, the City Council must also find that a/subdivision is consistent with the require- ments of.this section. Failure of a subdivision to meet the standards of this section sh~ll b~ grounds for denial. 21.09.160 Modificaticins of public improvGments. (a) All public facilities, dedications and improvements shall be reqGired in accord Hi th the Carlsbad 1•1unicipal Code and adopted policies and standards of the City of Carlsbad. However, as hereinafter provided, the City Coun~il ·may modify certain special public improvement standards provided the design of these modified improvements is related to the function, topography and needs of the area. Any such modificatiohs shall be reflected as conditions of approval to a tentative subdivision map . ~b) Street improvements and ded~cations for streets inside ·sul::(divisions may be modified as follm-_rs: · (1) Right-of-way for streets may be reduced provided that they not.be reduced to less than 40 feet. (2) .Parking lane may be deleted on one side of streets . (3) · Pavement width may be red~ced on streets serving eight : or less units to 28 feet.parking one side, or 32 feet parking both sides. (4)' Pavement width may be reduced on streets s~rving more ·· than eight units to 30 feet parking one side, or 36 feet parking both sides. . . . (5) All or part of the required sidewalks, curbs, gutters or dr~inage structures may be waived or modified if ·it. i-"s found that such ~mproverrtents are un\-Jarrantcd and \·Jould distract from· the rural character· of· the area. If such requrcrnents are \-lai ved, .the City Engineer muy require that drainage easements and/or drainage releases be made part of the tract map to insure proper . ~~·~drainage over private prbpcrty. · · (6) · 1Iorizontal' and vertical alignment standards rnay be modified or waived to reduce grading. J:n such cuscs, an adequate right-of-\.,D.Y· shall be provided to accom- modate possible future correction!:i to meet City standards. . (7) · •rhe City couJ?cil shall have the option of rcquir.inq thnt street ri9ht-of-\oJay shall be rn:ivatcly maintained unde·r n property pNnc.rs· u.~;r;oc.i.a tion or may accept ;m .· offer of dedication. ·If privately owned, tho streets shall be open t:o the -pnb.l.:i.c by car;emcnt. (c) Public newer !;yr>t:cnir; ~:;hall l;o reqn.i.1"e<l to ~;ervo cnch lot: in the H-g ~one un lenn r.;po.cific'a.l.ly "'" i ved by_ City· Gounc.i.J.. !1uc:h r ,. . •; • l 2 3 4 5 6· .. ·? .8 , 9 co io 0 0 N Cl 1;!$ .• 11 E ~ .. ~.~ "12 ~ <( -'(.) p. " 13 .:.0 ~< (;] ~ ·14: r::· c( A 15 16 17 . :is 19 20 '21 22 23 24 • I ... .. ... .. ·, . .. . . : ~. . . . \'lnivcr shall be· condi tioncd on the instnllation of an ul tcrnati vc se\'ler disposal system permi ttcd· by this code nnd found by the City Council to be feasib1c.for each lot. The determinu.tion of the adequacy of such alternate system thall be based on detailed soils testing on each existing or proposed lot as provided for by the .County neal th Department. · If an alternate system is approved the subdivider shall pre- pare plans for a future public sewer system as a backup system. Dedication of all easemerits necessary to construct such a backup public sewer system shall be required as a condition of final map approval. (d) /my modification pursuant to this section shall not relie.ve the subdivider from providing public facilities, dedications and improvements that also provide services necessary for the welfare of the general public as required by the general plan, applicable spec~,fic plans, or City ordinances or policies. .. . 21.09.170 Covenants, conditions and restrictions. The filin of a tentative mup in an H-E Zone shall include the suJJmittal of proposed private deed c6~enants, conditions and restrictions. As. a m{n.:i.mum these documents shall inciude the follm·ling providions: · (1) Lots in the R-E Zone may not be resubdivided. (2) n.inimu..:-:1 floor area for dv;elling units shall be incluO.ed. (3) Provisions. for the maintenan.ce of private property, including private streets~ pedestrian and equestrian trails and open areas, are in a manner consistent with the purposes of this zone. (4) · The City of Carlsbad shall be a party. (5) They nay not be amended \vi thout the approvnl of the City Council. The cctR's must be approved by the City Council prior to approval of the final map and they must be recorded. 21 .. 09. 180 · l?ind:i.nqs _reguired: for rezonincr. or resnb9i vi s:i.on to a more i11tensivQ usc. Once an R-E Zone has been adopted nnd subc1i visions have occurred under .the ·provisions of this chu.pter, no rezoning or resubdivision to a more intensive usc may be grnntcd on any lot Hi. thout a :finding: by the City Council in addition to nJ,l other.findings rcguircd.by J.mv, that u.n improvement district has been formed \·.'hich \vill pl:ovide for the finnnc:i.ng of the improvement~ necessary to bring all public improvements, on and offsite, to full City standards. and npecificntions applicable ·at i:he. time of such rezoning or thnt said improvcl11Cnts h<:tve ot:hcr- wi~w been provided. 'l'hi~.:; restriction shnll be ·made a par.t of·. the CC&H.'s rcquiFc<l by Section 21.09.170." ., SEC'i'ION.S: That T.itlc 21,: Clwptcr 21.42, Section 21.42.010 25 of tlw··'cc.u:-l.~;b~cl Hunicipnl Code in hereby nmcndcd by. the amendment . • • 2() of the fin;t:. line of Sub~cct:ion .(0) .to l:end l\!3 f:ollowr.: \ a.· l .. . . . . . . ... ··· . ! ,· ' . • , l 2 .. . •' . . .. • . ,· ~·. .. . .. . .. .. .. . . . .· . . . . , . ~ ., • . . . . J• 11 (8) R-E·,· R-A, R-1, R-2, ·R-3, ·R-P: RD~H, and P-C Zones:" EFFECTIVE DATE: This ordinance s·h-~11 be effective thirty 3 days after its ·adoption--a~d the City Clerk shail cei·tify t;o the 4 adoption of this ordinance and cause it to be published at least 5 once in the carlsbad Journal within fifteen days after it adoption. ·. . 6 INTRODUCED AND FIRST REli.D at a meeting of the Carlsbad-· 7 City Council held on the· 18th day of __ -"A-'-"p'-"r_i'-'1'-----' 1978 and 8 thereafter .. 9 PASSED AND ADOPTED at a meeting of said City Council held .t .. 10 on the ___ 2_n_d ____ day of __ ~--~M~a~y ______ , 1978, by the following vote, r:·. .· 11 to -,.n t: 12 AYES: NOES: 14 ABSENT: 16 17 ATTEST: 20 (SEAL) 21 I ~ouncilmen Pack~rd, .Skotnicki, Anear and Councilwoman Casler None .. None . . . .. . · •· 6L~W>~2,-!'_ ~~ .~.,h: .~~~l·~·~,,---~-~~--- •. . RONALD C. Pl\Cl\ARD, !1ayor ' . . . . . . . . . . · . . . .. ,• . . •. .. ~ .. •··;..:..-· .. 0 ~~~· .. ,........... ... 23 24 25 -~ . . . . .. . . ., ... Carlsbad Journal Decreed A Legal Newspaper by the Superior Court of San Diego County 3088 PIO PICO AVENUE e P.O. BOX 248 • CARLSBAD, CA 92008 • 729-2345 Proof of Publ ication 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 t he 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 NOTJCEOFP HEARIJfG ZC-211: LIC OTICE IS HEREBY GIVEN that the Plano ing Commiulon of the ~ity of Carlsbad will bold a Pllblic Hearillll at the City Coancll Chambers, 1200 Elm Avenue, Cllr1~1 C.ltCUIIIa. « '11:80 p.a .. Wedlli!IIBY, llebruary 14, 111'111, to eolldder a flllle CllaJIII flum LC (Li· Rlited Control) to RE 0\Un) EateeiJ On propei'\Y .. only loiiJIId a.t11 ... or El camino ... •1111 DOttb or Palomar Airport Road. -and more parti· cularly cleKrlbed •= All tbat pottton or LOt "B" ~ RAN· CHO AGUA HEDIOND~ bi the CIIJ or Carlsbad, County of San DieCo. Stata of California, aeeording to Map thereof No. 823, ft1ed In tbe oflleeorthe ~tr Recorder of San . Dleco CouJit1. November 16, 1886. Those persons wisbbiC to spat • this proposal are cordiallJ bivlted to at- tend the public hearin&. Jryou bave any question~, pl~ase call ,..1111. and uk for the Plaanillll Departolelll Applicant: JOHN GODDARD CITY OF CARLSBAD PLAl'fNING COIOIISSION CJ SUI3: P'ebruary-3, 19'19 one year next preceding the date of publication of the notice hereinafter referred to; and that the notice of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: .. f~.q~l:l~fY . 3 ................... 19. 7.9. ................................. 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 _ ___.t ..... h ..... e-=-.,.,3l..l.r_.d...__ _____ _ dayof __ ~~~~~_L~~~------- NOTICE OF PUBLIC HEARING ZC-202 NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Carlsbad will hold a Public Hearing at the City Council Chambers, 1200 Elm Avenue, Carlsbad, California, at 7:00 P.M. on Wednesday, February 14, 1979, to consider a Zone Change from LC (Limited Control) to R-E (Rural Estates) on property generally located north and east of El Camino Real and north of Palomar Airport Road, and more particularly described as: All that portion of Lot "B" of RANCHO AGUA HEDIONDA in the City of Carlsbad, County of San Diego, State of California, according to !-tap thereof No. 823, filed in the office of the County Recorder of San Diego County, November 16, 1896. 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: John Goddard PUBLISH: February 3, 1979 CITY OF CARLSBAD PLANNING COMMISSION NOTICE OF PUBLIC HEARING ZC-202 NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Carlsbad will hold a Public Hearing.at the City Council Chambers, 1200 Elm Avenue, Carlsbad, California, at 7:00 P.M. on Wednesday, February 14, 1979, to consider a Zone Change from LC (Limited Control} to R-E (Rural Estates) on property generally located north and east of El Camino Real and north of Palomar Airport Road, and more particularly described as: 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 County Recorder of San Diego County, November 16, 1896. 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: John Goddard PUBLISH: February 3, 1979 CITY OF CARLSBAD PLANNING COMMISSION ( ZC.202 . TOOTSit=. K 2-ll-J-7'7 <--1 ,. c 0 DEVELOPMENTAL SERVICES 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008 D Assistant City Manager (714) 438-5596 D Building Department (714) 438-5525 qtitp of Qtarl~bab D Engineering Department (714) 438-5541 D Housing & Redevelopment Department 3096 Harding St. (714) 438-5611 ~Planning Department (714) 438-5591 June 25, 1982 DAON Corporation 1241 Elm Avenue Carlsbad, CA 92008 ·ATTENTION: Jim Goff SUBJECT: ALICANTE HILLS CROSSROADS -NOTICE OF INCOMPLETE APPLICATION -ZC 202/CT 82-15/CP-212 Dear Jim: This notice is written pursuant to California Assembly Bill 884 notifying you that your application is incomplete. The following items must be submitted to complete your application: 1. Twelve additional copies of all large exhibits including the tentative map, site and landscape plans, and elevations. Twelve additional copies of the floor plans is not necessary. These plans should be submitted prior to July 12, 1982 in order to stay on the August 11, 1982 Planning Commission Agenda. 2. Two sets of stamped, labeled envelopes of all property owners and tenants within 300 feet of the subject property. The City of Carlsbad Planning Department at 1200 Elm Avenue, Carlsbad 92008, should be indicated on the return address. This requirement has been in effect for over a month and you may wish to pick up some new application forms for your office. 3. One copy of a reduced elevation for the "Hillside" units. June 25, 1982 Page Two c Your item has been scheduled for the August 11, 1982 Planning Commission meeting. We cannot notice this item for the public hearing until we receive these items. Please call me if you have any questions. City of Carlsbad Sincerely, BILL HOFMAN Associate Planner BH:bw . '· ., To: Current Development Tim Flanagan, City Engineer . From: Pat Cratty, Development Coordinator Date: Subject: Please review the attached application for determination of acceptance. ·and return with your comments. Remarks: Current Development: .. ' . (Signature) (Date) City Engineer: Of( . ( /1 ·~· ... /1~/?SJ (Date) .. •t• •.. •.< .. '• . .. . '. ' ' .. , . ' --. ~ • LO.Alf8 • DfVUTJID'r8 c ,,,, ~ Carlsbad Mortgage Co. P.O. BOX 383 • 2S41 STATE STREET • CARLSBAD, CAUFORNIA 92008 5 January 1979 Chairman Local Agency Formation Commission 1600 Pacific Highway , San Diego, California 92101 Mr. Chairman PHONII£ (71A) 728·7908 Subject: East Carlsbad (2.27) Annexation Reference: Chapter 21.09 (R-E Zone), Carlsbad Municipal Code The rezoning process of subject property into Rural Residential Estates (one to three acre lots) by the City of Carlsbad has begun. We appreciate the Commission's concern for this annexation and expect to build a project worthy of San Diego County and the City of Carlsbad. R. H. SONNEBORN RHS/elt Encl: Ltr fr City of Carlsbad 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008 Qtitp of Qtarlsbab January 5, 1979 Cordova Engineering Corporation 8240 Parkway Drive, Suite 204 La Mesa, California 92041 Attention: Mr. John D. Goddard Re: Application for zone change for Tootsie K Ranch Mr. Goddard, TELEPHONE: (714) 729-118t This letter is to acknowledge receipt of your application for a zone change from Limited Control (LC) to Rural Residential Estates (RE) for the property known as the Tootsie K RaP.ch (assessor's parcel nos. 209-070-03 and 209-070-07). DLR: jd DON L. ROSE Associate Planner GEOCON ENGINEERS AND GEOLOGISTS • CONSULT ANTS IN THE APPLIED EARTH SCIENCES INCORPORATED File No. D-1655-JOl December 14, 1978 Mr. Melvin Knoll c/o Cordova Engineering Corporation 8240 Parkway Drive, Suite 204 La Mesa, California 92041 Attention: Mr. John Goddard Subject: Tootsie "K" Ranch Gentlemen: North and East of Sunny Creek Road Carlsbad Area San Diego County, CA PRELIMINARY PERCOLATION FEASIBILITY STUDY In accordance with your authorization, we have performed several percolation tests on the subject site in order to determine the gross suitability of the site to receive leach field-type subsurface sewage disposal systems. This report presents our findings and recommendations. Site Description The subject site is located on 169± acres of hillside terrain located both east and north of the eastern terminus of Sunny Creek Road, San Diego County, California (see Location Map, Figure 1). • 6645 CONVOY COURT • SAN DIEGO, CALIFORNIA 92111 • PHONE (714) 292-5100 File No. D-1655-JOl December 14, 1978 Topographically, the site ranges between los± feet in elevation at the southwestern boundary in Hedionda Creek + to 460-feet in elevation along the north-central boundary. Site drainage is primarily toward the southwest along several small tributaries of Hedionda Creek. Several natural springs were observed (see Site Plan, Figure 2). At present, the majority of the site is cultivated with tomatoes. A paved access road that connects with Sunny Creek Road crosses the site in a northeasterly direction. Geologically, the site was found to ba underlain by both Cretaceous-aged granitic rocks and boulder conglomerates of the Lusardi Formation. The entire site was found to be overlain by a topsoil layer that was visually classified as ranging from silty sands to sandy clays. Percolation Testing The percolation test results contained in Table I were performed at a depth of three to four feet below the ground surface in accordance with procedures prescribed by the -2- GEOCON INCORPORATED File No. D-1655-JOl December 14, 1978 County of San Diego, Public Health Department. The testing was performed on November 20 and 21, 1978, and the test locations are shown on Figure 2. Test Nos. 1-3 were located in areas underlain by predominantly sandy topsoils, and Test Nos. 4-6 were located in areas underlain by predomi- nantly clayey topsoils. In the case of Test Nos. 4-6, it was found that the clayey topsoil was underlain by sandy soils at a depth of 2± feet. Percolation Test No. 1 2 3 4 5 6 TABLE I -3- Percolation Rate (min/inch) 22 9 50 60 65 60 GEOCON INCORPORATED File No. D-1655-JOl December 14, 1978 Conclusions 1. Based upon the results of the percolation testing, it is our opinion that areas within the site are suitable for leach field-type subsurface sewage disposal systems. 2. The test results should be interpreted as being preliminary in nature only. Without additional testing, it is not to be construed that the results obtained can be cor- related with a particular minimum lot size as outlined by the County of San Diego, Public Health Department. Recommendations 1. It Js recommended that further percolation testing, performed in conjunction with a more detailed soil and geologic investigation, be performed that will, for design purposes, recommend the minimum lot size for a particular area. 2. It is recommended that the location, nature, and areal extent of natural springs, and other areas of potentially high groundwater be further investigated. These condi- tions will also have an effect on future lot locations. -4- GEOCON INCORPORATED File No. D-1655-JOl December 14, 1978 Should you have any questions concerning this report, please contact the undersigned. Very truly yours, 17030 ~0D~ Robert J. Dowlen CEG 1011 RJD:JEL:jp copies: (6) addressee -5- GEOCON INCORPORATED ---------------------------- ,....... File No. D-16~~J01 Cecember 14, 1~78 SCALE 1" = 2000' LOCATION MAP TOOTSIE "K" RANCH San Diego County, California FIGURE Nt 1 GEOCON , INCORPORATED PAGE Nl 6 GEOCON ' ... _,.,.. -· . Rece i AFPLICATION NO. ZONE CHANGE --- CITY OF CARLSBAD (Please Type or Pri~t) 1. 2. REQUEST: Zone Change from the present existing -------LC zone(s} to the LOCATION:. The ,Nt."-i!t t ed.£'1 ·----·-----zone ( s) subject property is generally located on the s i de o f :3'/ {;;. rA ,:.r; ,_ J /J., / &e-:tnlit1! n -----..r=~ /' *'-"£ld/ 3. ASSESSOR'S NUMBER: Book.:<'CJ9' Pagei".J?..J Parcel [13 4. ·B.ook~·,Cf Pagei:"?c:? Parcel01 (lf mo-re, please list on bottom of this page). PROPERTY OWtiE~~-5 ~ ~'idress _ ll~~ Zip Phone ~g~ tt"4~ ~ ~ #t>-un 5. APPLICANTS SIGNATURE: I hereby declare that all information contained within this application is true. F·. -Address -Ci~~ Zi~ Phone II~/~ --r ~-1"~2~...,9 Representing (Company or Corporation) Relationship to Property Owner(s) 6. Is this request consistent with the General Plan and applicable Specific Plans? --~~~~·~-~------------------------------ Please note: As per Section 21.52030 of the City Code, ·the Planning Director must find that this request is consistent with the General Pl.an or applicable Specific Plans, or the application shall not be accepted. This determination may be appealed. to the Planning Commission and City Council. The City ~f Carlsbad Planning Department would appreciate the oppor- tunity to· work with the applicant throughout the Planning Stages of the ~reposed development. In an effort to aid the applicant, the Plar.ning Departme-nt· requests that it be given an opportunity to evaluate and discuss the application and plans prior to submittal. This request is not a requirement; however, it may avoid major re- drafting or revision of the plan which only serves to lengthen the processing time. ATTACHMENTS: Supplemental Information Fot·m -Phnrdrg 21 Preparation Check List -Planning 30 Procedures -Planning 16 .. ' . s0LEMENTAL !, .:ORMATION FOR() CHANGE OF ZONE 1) Gross Acres (ot square footage if less than acre) /19 Acrc:s 2) Present Zone 1fr.3!!n~J 141> L C Proposed Zone_/2._-_/# _____ _ 3) General Plan Land Use Designation k'MI l]eP.v' R~Ji/ 4 } source of Water sup p 1 y C,rh--~;' Afv,,;.,pa! A!o*" l(isl. 5) , Method of Sewage Disposal is /Aullf',.fJI"»Unt/ Dis~/S~ (; s.,t;~ ~,1:. 1 Lef411eti una-) 6} Types of Protective Covenants to be Recorded 7i ~--~==~~----- ,;).; ~~~ 7} Transportation Modes Available to Service the, Developmen "SiJS ~rwce OtJ $ t:_.~;.Z> M!a/ 8) School District Serving the Property <:f~~ ~~~idf SQApp/ Zf.?tricf: 9) Are School Facilities Capable of Serving this Project ------- r1tten confirmat1on of this requirement must be submitted prior to Planning Commission hearing). 10) This Application for a Change of Zone is supported by the Following ~~asons: a} b) Such a Zone Change will be e· because~~~~~~~~~~~~~~~~~ c) The per.mitted uses in this proposed reclassification will not be detrimental way to surrou ding properties . . -be c au s e_,..tw~~!!!:....,j~:G.4J.IQJt.2:~156•~looll!!!~r..-.~__....IW'!:Ihfir:;.e__.""P~~- e) ... What were the original deed restriction, if any, concerning the type and class of permitted uses on the subject property? (Give expiration date of these restrictions). ____________ _ ~- FORM __ ~l~~'!_J]_g ___ 2_1_ Date of P 1 ann i ng Comm 1 s s ion Appro va 1 - PREI?ARA'l'ION CHECK LIST GENERAL PLAN AMENDMENT/ZONE CHANGE DOCUMENTS .REQlliRED FOR SUBMITTAL: 1) Application with supplemental information sheet completed. 2) Environmental Impact Statement or·Report with Fees (if required). 3) Photostatic copy of deed with complete legal description.of subject property or other form of description acceptable to the Planning Director. ~) Fee: $100.00 plus $5.00 per lot. 5) 300 Foot Radius Map - A map to scale not less than 1"=200' showing each lot within 300 feet of the exterior boundaries of the subject property, and each lot within 300 feet of the exterior boundaries of the subject property shall be consecutively numbered to correspond with the property owner's list. 6) Property Owner's List-A typewritten list showing the number of each lot within 300', followed by the Owner's name and address. This list must be accurate and taken from the .latest equalized assessment roll on file in the office of the Assessor of San Diego, 1600 Pacific Highway, Room 103, San Diego, California 236-3771. 1.• 1 ) 2} 4) 5) 6} 7) FOR~1: PROCEDURES ·Application to Planning Com,nission: In an effort to aid the applicant, the Planning Department requests that it be given an opportunity to evaluate a~d discuss the application in its various stages of development prinr to submittal. It is more effective if applicant meets directly with staff; however, written or telephone communication is acceptable. It is the responsibility of the applicant to make the initial contact for. such meeting. Submittal: Application will be accepted only if the applica- tion, plans and other pertinent materials are complete. Generally, the date application will be heard will be deter- mtned fiy the submittal date as .indicated within the approved rlanning Commission calendar. Planning Commission Calendar: The Planning Commission adopts an annual calendar that indicates application closing dat~s, staff review dates, staff report completion dates, and Plan- ning Commission hearing dates. You may acquire this calendaf at the Planning Department. Staff Review: On the date as indicated on the Planning Commission Calendar, City Staff conducts a review meeting on all items on the Planning Commission agenda. The applicant is invited to attend and to explain the project and respond to staff preliminary recommendations. Upon completion of this review, Staff will pre- pare final staff recommendations to be submitted to the Planning Commission. The final report with recommendations will be available at the Planning Department five days prior to the Planning Commission hearing (Friday afternoon prior to the Planning Commission meeting date). Hearing: The Planning Commission meets every 2nd and 4th Wednesday of the month at 7:30 p.m. or as indicated on the Planning Commission calendar. Depending on the type of·appli- cation, the. P.lanning Commission will either make a finding and forward to City Council or make final action. Appeals: Final action by Planning Commission may be appealed to the City Council, provided such appeal is filed within ten (10) days after the Planning Commission action. The applicant should review with staff the procedure on the various types of applications. Fi~al Decision: The City will notify the applicant and property owner of the final decision. 1.· Planning Ji Dilte of PL.111n·in9 C•Jmmission /\pprovnl 4-P.-75 ~ ... '~,. RECORDING REQUESTED B'W ANO WH&N RllCORDEO NAIL TO r MEL-DEAN, INC. NAMI 1164 CRYSTAL LANE Aoo~tua EL CAJON, CA. 92020 CIT'r. 8TATI L_ _j ,·,q:j-OlJU'/97 FILE/r(c;E NO.~-­~o'JK 1979 RECOf~L£.0 REQUEST Of GRANTEE JAN l 13 10 AK '19 OffiCitL :)~C or.r ~ kECOROER . SAN DIE'O COUNTY. CALIF~ SURVEY MONU.V.~f\T PRESEP. VAT •CN USEr{ HE $10.00 j .p. .I Title Order No _____ Escrow No _____ ~ SPACE ABOVE THIS LINE FOR RECORDER'S USE __ __;;$;....;6;;;;.;.00 .....--------___.! Grant Deed The undersigned declares that the documentary transfer tax is S .~9Jf.E .•.......................... and is 0 computed on the full value of the interest or property conveyed, or is K1 computed on the fuiJ value less the value of liens or encumbrances remaining thereon at the time of sale. The land, tenements or realty is located in :fl unincorporated area 0 cit~ of ................................................... . Tax Parcel Number: ............. 2.Q. :-P.7.Q:Q~.&.~ ~ ......................................... . FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged. KEITH E. BROWN, A SINGLE MAN AND PAUL G. HILL, A SINGLE MAN hereby GRANT(S) to MEL-DEAN, INC., a California corporation, a8 to an undivided 60% interest; ROBERT P. WHITMOYER AND MARIANNE K. WHITMOYER, husband and wife, a8 community property, as to an undivided 40% interest. the following descri~ real properly in the county of San Diego , state of California: Those portions of Lot ''B" of RANCHO AGUA HEDIONDA described in "EXHIBIT A" attached hereto and ma~e a part hereof. Dated December 11, 1978 • --------------~' STATE OF CALIFORNIA } COV~TY Of ___ LOJLA!:!&.~les_ _ S$. _De~~~1b!:~.?~2 ___ ~9_I~ _ ---~fore me, th~ under· ---·--------------......-'-----------r~-------------known &o IQI to be the ptrson-_L whose name.§ are subscribed to~-wi&bia inatrumen and. ac owle~d tha~he ueeuled the Nm.t. { c:f ) ~--~-~ .£~:{_ __ . · .... -71.~~ ~.>IA;y Public in anJ for ~aiJ Cotlfll)' and Slate : ;.. -~ "· -~:;~;--·-··----------·-·---MJ-ii-T-ax-S-ta-te-rn-en_ts_ta_R_et-ur-n--:-A-:-dd:-re_ss_A~.b-oll_:e ______ _.,._ __ . _____ _ ' -LEG~L ~ES~KlPTI0N ORDER N0.770528-9 PAGE NO. 1 "EXHIBIT A" All that portion of Lot "ll" of H.ANCHO AGUA HEDIOND!., in the City of Carlsbad, County of San Diego, State of California, according to tJap thereof No. 823, filed in the Office of the County Recorder of San Diego County, November 16, 1896, described as follm.:s: Beginning at the corner corrunon to Lots "C" and "D" of said Rancho, on the Northerly boundary line of said Lot "B"; thence S.outh 20°19' 00" West, 2273.70 feet; thence South 20°31'30" West, 553.20 feet; thence North S9°57'00" East 996.45 feet; thence South 10°28'00" West, 1429.85 feet; thence South 74°02' 00" East, 538.60 feet; thence South 46°53' 00" E3st, 327.45 feet; thence South 66°01 '00" East, 121.50 feet; thence South 89°37'00" East, 173.35 feet; thence North 75°44'00" East, 234.25 feet.; thence North 01°36'0011 East, 447.40 feet; thence North 51°04'00" East, 1788.20 feet; thence .North 54°24'00" East 326.40 feet to a corner common to. Lots "B11 and "C"; thence along the boundary line bet\ .. ·een Lots "B" and "C" North 00°32' 00" \~est, 2655.20 feet to a corner of said Lot. "B"; thence North 89°53' 00" \-Jest along the North line of said Lot 2666.00 feet to the Place of Beginning. EXCEPTING THEREI-'Rml all that portion thereof described as follows: Beginning at the most Northerly, Northeast corner of said Lot "B'', said corner being designated as Point No. 13 on said ~lap; thence along the boundary common to said Lots "B" and "C", South 00°32' 00" East to the Southeast corner of the Northerly 1000.00 feet of said Lot "B"; thence continuing along said Easterly line South 00°32'00" East, 470.00 feet to the Southeast corner of the land described in deed to Hiroshi Kato, et ux, recorded February 10, 1976 as File No. 76-047442; thence along the Southeily and Westerly line of said land as follows: Parallel with the Northerly l inc of said Lot "B", North 89°53' 00" \..'est, 1854.00 feet to the South•,.:cst .corner therein; and parallel with the Easterly line of said Lot, North 00°32'00" \~est, 470.00 feet to the Southerly line of the Northerly 1000.00 feet of said Lot "B"; thence along said Southerly line, North 89°53' 00" West, 454.68 feet to a point on said Southerly line distant North 89°53'00" West, 2308.68 feet from the Southeast corner of said Northerly 1000.00 feet of Lot "B", North 00°32'00" West, 1000.00 feet to the Northedy line of said Lot "B" at a point on said Northerly line distant thereon North 89°53' 00" West, 2308.68 feet from the POINT OF BEGINNING; thence along said Northerly line, South 89°53'00" East, 2308.68 feet to the.fOINT OF BEGINNING . • . '·,. J.EG,\L DESCHIPTIO:; ORDER N0.770523-9 P!IGE NO. 2 P!IRCEL 2: An easement and right of ~'ay for . road purposes, to be used in common with the grantors and others over a strip of land 60.00 feet wide, providing access to the land described in Parcel l above, from the County Road known as El Camino Real and crossing Parcels "B" and "C", described as follows: PARCEL B: All that portion of Lot "B" of Rl\NCHO AGUA HEDIO}I'DA, in the City of Carlsbad, County of San Diego, State of California, according to Hap thereof No. 823, filed in the Office of the Recorder of San Diego Coun- ty, November 16, 1896, described as follows: Commencing at the corner of" Lots "C" and "D" on the Northerly boundary line of said Lot "B"; thence South 20°19'00" West, 2273.70 feet; thence South 20°31' 30" \·Jest, 553.95 feet (553. 20 feet -Record); thence North 89°57'00" East, 996.45 feet; thence South 10°281 00" West, 1841.50 feet; thence North 82°57' 16" \vest, 366.50 feet to the TRUE POINT OF BEGHHHNG; thence North 77°48' 01" \-lest, 256.25 feet; thence North 54°35 '27" West, 408.50 feet; thence South 56°55 '41" West, 160.58 feet; thence North 27°35 1 04" \vest 207.51 feet to the Northeasterly corner of Record of Survey Hap No. 4223, Records of San Diego County, said point being also on the Westerly line of that certain 421.72 Acre parcel of land shown on Record of Survey Hap No. 517, Records of San Diego County; thence along said Westerly line, South 20°31'30" West, 339.50 feet to the Northerly right of way line of County RoAd A-13, 60.00 feet wide, as shown on said Record of Survey Hap No. 517; thence along said right of way line, South 80°12' 00" East, 3. 54 feet to an angle point in said right of .,.;ay line; thence South 21°35'00" East, 300.00 feet; thence leaving said right of way line, North 75°35' 52" East, 845.83 feet to the TRUE POIHT OF BEGIN- NING. PARCEL C: All that portion of Lot ''B" of RANCHO !IGUA IIEDimmA, in the City of Carlsbad, County of San Diego, State pf Califomia, according to Nap thereof No. 823, filed in the Office of the County Recorder of San Diego County, November 16, 1896, described as follows: ConmJencing at the corner of Lots "C" and "D" on the Northerly boundary line of said Lot "B"; thence South 20°19'00" \~est, 2273.70 feet; thence South 20°31' 30" \vest, 553.95 feet (553. 20 feet -Record) to the North- westerly corner of the land describecl 'in deed to Palomar Vista, Ltd., recorded June 15, 1961 as Document No. 103235 of Official Records, being the TRUE .POINT OF BEGINNIN(,J; thence North 89°57 1 0011 East, 996.45 feet; theuce South 10°28'00" West, 2396.50 feet; thence North 8.5°22'52" West, 132.81 feet; thence Nortl\ 12°40'58 .. West·, 594.53 feet to the most East- erly corner of Parcel "$'~ ~bQve; thence North 77~48•.01" West, 256.25 feet; thence North 54,35 I 21i1 .W.st, 408 .so feet..; thence South 56°55 I 41" ·.._ . .,. • .. LLG:,L JlESCf\l PTl m; OHLER N0.770528-9 PAGE NO. 3 \.Jest, 160.58 feet; thence North 27°35'04" West, 207.51 feet to the }io:ct.heJsterly corner of I\ecord of Survey Hap No. 4223, Records of SC~n Diego County, said point being also on the Westerly line of that certain 421.72 Acre parcel of land shown on Record of Survey M~p No. 517, Re- cords of S;m Diego County; thence along said \\'esterly line, North 20°31'30" East, 409.07 feet; thence leaving said \Vesterly line, North 89°57'00" East, 324.00 feet; thence North 20°31'30" [.Jst, 672.23 feet; thence South 89°57'00" west, 324.00 feet to tlte \~estcrly boundary of said 421.72 Acre parcel of land; tbeuce along sairl \·,'esterly boundary, North 20°31'30" East, 390.00 feet to the THt.;I: POJ;>r OF BEGINNH:G. jeb 2/13/78 ~'. • -~--------------·~.~·--------------~()~··~----------------~'l~------------~n~----------~ • ...... , / 4501 -" \ I l I\ I I \ ' 400'- ' I I I t I I I • LOCATION OF PERCOLATION TEST APPROXIMATE LOCATION OF SPRING ,, ....... ____ _ I ,/ " \ ' ' ' I \ \ I I I I ' .. 4 • I I I I ' ' ', I I ' \, \ '-' --~)\__\ -) I ' .... ___ ,.. I ', .,.. __ ' \ . I I I oo'""--~ '---, r2 , ~, _, I --- ;:--~-....... ) ....... , '--, ,- ' .,.J , __ \ ~-..-' \ .. ,, \1 \ SCALE I"!:! 500' SITE PLAN TOOTS/£ HKII RANCH FILE No. D-1655-JO/ F'IGlJRE: 2 GEOCON , INC.