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HomeMy WebLinkAbout1987-08-04; City Council; 9119; Appeal City Engineer's Decision Constantino MedianCIT!f OF CARLSBAD - AGEN APPEAL OF CITY ENGINEER'S DECISION MINOR SUBDIVISION 746 (coNSTA~~TINO mmm) RECOMMENDED ACTION: City Council deny the appeal and uphold the decision of the City Engineer. ITEM EWLANATION On June 5, 1987, the City Engineer made a final decision to disapprove the tentative parcel map for Minor Subdivision 746. On July 7, 1987, an appeal of this decision was filed by Mr. Medina with the City Clerk. The reason for the appeal is that the applicant feels the proposed minor subdivision should be exempted from the application of resolution No. 8703 (established growth management controls points for the land use density ranges), due to the fact that this property is in the Cynthia Lane Assessment District (A.D. 86-3). Prior to the approval of resolution No. 8703, Mr. Medina could have subdivided his property into the 4 lots as proposed by Minor Subdivision 746. When the growth management control point, is applied to Mr. Medina's property, it results in a subdivision of only 2 lots. Per Resolution No. 8703: "The City shall not approve any residential development at a density that exceeds the growth management control point for the applicable density range without making the following findings: 1. That the project will provide sufficient additional public facilities for the density in excess of the control point to ensure that the adequacy of the City's public facilities plans will not be adversely impacted. 2. That there have been sufficient developments approved in the quadrant at densities below the control point to cover the units in the project above the control point so the approval will not result in exceeding the quadrant limit." PAGE 2 OF AGENDA BILL NO. 9119 The above findings cannot be evaluated until the Local Public Facilities Plans are completed for the quadrant (northwest) and accepted by the City Council. Though staff feels that special considerations by the City Council may be in order in this case, the only finding we are able to make based on Resolution No. 8703 is that of denying the appeal. FISCAL IMPACT The appellant has paid the required $275.00 appeal fee. The fee covers the expenses for required staff time to prepare an answer to the appeal. EXHIBITS 1. Preliminary decision to disapprove MS 746. 2. Resolution No. 8703. 3. Appeal Form. 4. Plat of project (proposed MS 746). ‘1 ’ 2075 LAS PALMAS DRIVE . . CARLSBAD, CALlFORNlA92009-4959 OIlice of the City Engineer Exhib- 1 TELEPHONE (619)438-1161 r -ce Ij May 5,:X987 Constantine Medina Jr. 1655 Buena Vista Way Carlsbad, CA 92008 PROPOSED A preliminary decision has been made, pursuant to Section 20.24.120 of the City of Carlsbad Municipal Code, to disapprove the tentative map of the proposed minor subdivision for the following reason: Resolution No. 8703 established growth management control points for the Land Use Element density ranges. This project is in the RLM density range which has a control point of 3.2 dwelling units per acre. Your property, calculated at 3.2 dwelling units per acre, is only able to be split into two (2) lots. Per Resolution No. 8703: "The City shall not approve any residential development at a denisty that exceeds the growth management control point for the ap- plicable density range without making the following findings: 1. That theprojectwillprovide sufficient additional public facilities for the density in excess of the control point to ensure that the adequacy of the City's public facilities plans will not be adversely impacted. Constantino Medina Jr. Proposed Minor Subdivision No. 746 May 5, 1987 Page: 2 2. Thattherehavebeen sufficientdevelop- ments approved in the quadrant at den- sities below the control point to cover the units in the project above the control point so the approval will not result in exceeding the guadrantlimit.V1 The above mentioned findings cannotbemade until the local public facility plans are completed for the quadrant and accepted by the City Council. The applicant may request a review of the preliminary decision in writing within ten (10) days of the date of this disapproval. LBH:JM:lch ’ 1 2 3 4 5 6 7 ExhiFt z RESOLUTION NO. 8703 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING RESOLUTION NO. 0670 CALLING AND GIVING NOTICE OF THE HOLDING .OF THE GENERAL MUNICIPAL ELECTION TO BE HELD IN 'SAID CITY ON TUESDAY, NOVEMBER 4, 1986, TO INCLUDE THE SIB- MISSION TO THE QUALIFIED ELECTORS OF SAID CITY AN ORDINANCE ESTABLISHING A LIMIT ON RESIDENTIAL DEVELOPMENT IN THE CITY AND GUARANTEEING PUBLIC FACILITIES WILL BE AVAILABLE MR ALL NEW DEVELOPMENT IN ACCORD WITH THE 1986 GROWTH MANAGEMENT PLAN. WHEREAS, the City Council adopted Resolution No. 8670 a calling a General Municipal Election to be held in said City on '9 Tuesday, November, 4, 1986 in order to elect a mayor and two 10 members of the City Council; and 11 WHEREAS, the City Council of the City of Carlsbad has 12 9 determined to submit an ordinance to,the qualified voters of the 1 2 13 $5 2 City of Carlsbad at the General Municipal Election being held on , _ p; 14' - $b$S November 4, 1986, 56;; 15 :;iQ NOW, THEREFORE, BE IT RESOLVED that the City Council of $SS$ 16 gg"s s-t 2 17 the City of Carlsbad, California, does hereby declare, determine ., - ;.; -~ 5 and order as follows: 18 19,j 1. That the above recitations are true and correct. 2. That Resolution No. 0670 is hereby amended to include the submission to the qualified voters of said City an ordinance amending the general plan and the zoning map to 22 establish a limit on residential development in the City and to 23 24 guarantee that public facilities will be available for all new development. 25 I 3. The ordinance submitted to the vOters shall be as 26 . follows: 27 I: 28 II The People of the'city of Carlsbad do ordain as follows: I! II . I i : 4 E e : z c 1C II li j g 1: $.$,z O,Ii 14 go=.: 0-T: zzei 1: ;;$I? ZSS$ 1E ggz?@J '5 2 g 3 l'i 1E 1s 2c 21 22 2: 24 25 26 27 28 A. That the Carlsbad general plan shall be amended by the amendment of the Public Facilities and Land Use Elements to add the following: "The City of Carlsbad in implementing its public facilities element and growth management plan has ..rade an estimate of the number of dwelling units that will be built as a result of the application of the density ranges in the Land Use Element to individual projects. The City's Capital Improvement Budget, growth management plan, and public facilities plans are all based on this estimate. In order to ensure that all necessary public facilities will be available concurrent with need to serve new development it is necessary to limit the number of residential dwelling units which can be constructed in the City to that estimate. For that purpose the City has been divided into four quadrants along El Camino Real and Palomar Airport Road. The maximum number of residential dwelling units to be constructed or approved in the City after November 4, 1986 is as follows: Northwest Quadrant 5,844: Northeast Quadrant 6,166: Southwest Quadrant 10,667: Southeast Quadrant 10,801. The City shall not approve any General Plan amendment, zone change, tentative subdivision map or other discretionary approval for a development which could result in development above the limit in any quadrant. In order to ensure that development does not exceed the limit the following growth management control points are established for the Land Use Element density ranges. ALLOWED DWELLING UNITS PER ACRE General Plan Growth Management Density Ranges Control Point RL 0 - 1.5 1 RLM o-4 3.2 RM 4-a 6 RMH 8 - 15 11.5 RH 15 - 23 19 The City shall,not approve any residential development at a density that exceeds the growth management control point for the applicable density range without making the following findings: 1. That the project will provide sufficient additional public facilities for the density in excess of the control point to ensure that the adequacy of the City's public facilities plans will not be adversely impacted. 2. That there have been sufficient developments approved in the quadrant at densities below the control point to cover the units in the project above the control Point so the approval will not result in exceeding the quadrant limit. -2- -_ The City Manager shall monitor all approvals and report to the Planning Commission and City Council on an annual basis to ensure that the construction of residential units within each quadrant, on a cumulative basis, will be at or below the growth management control points and that the overall -quadrant limits are being maintained. If the annual report indicates in any way that it is likely that the limit may be exceeded, the Council shall take appropriate action by revising the growth management plan and the City's zoning code to ensure that the ceilings will be maintained. The City Council or the Planning Commission shall not find that all necessary public facilities will be available concurrent with need as required by the Public Facilities Element and the City's 1986 growth management plan unless the provision of such facilities is guaranteed. In guaranteeing that the facilities will be provided emphasis shall be given to ensuring good traffic circulation, schools, parks, libraries, open space and recreational amenities. Public facilities may be added. The City Council shall not materially reduce public facilities without making corresponding reductions in residential densities. Nothing in this section shall be construed as changing the requirement that any specific residential density above the minimum allowed by the Land Use Element density ranges and the applicable zoning shall be justified according to the requirements of the appropriate General Plan and zoning provisions. 8. The zoning map of the City of Carlsbad shall be amended to provide that building permits issued or approved for residential dwelling units in the City after November 4, 1986 shall not exceed the limits established in the map in this section. The numbers on the map shall not be increased without an affirmative vote of the people. 1 2 3 4 5 6 7 a 9 10 11 12 5 18 19 20 21 22 23 24 25 26 27 2a hereinbefore provided shall be counted against the adoption of the d'es i ordinance. 6. The ordinance submitted by this resolution shall be gnated on the ballot by a letter printed on the Left margin C. The City Council shal .l adopt amendments to Chapter 21.90 of the Carlsbad Municipal Code (Growth Management) as necessary to implement the General Plan amendment of Section A and the Map of Section B. D. This ordinance is inconsistent with and intended as an alternative to any initiative ordinance which wouLd place an annual numerical limitation on the rate of residential construction. If this ordinance and any such initiative ordinance are both passed by a majority voting thereon then the one with the most votes shall prevail." 4. That on the ballots to be used at said general election, in addition to any other matters required by law, and in addition to any other matters specified in Resolution No. 8670, there shall be printed substantially the following: Sh 11 an ordinance be adopted to provide as a part I ofathe 1986 orowth management plan that 1) NO DEVELOPMENT &ALL BE APPROVED by the City of I I I Carlsbad unless it is guaranteed that concurrent I YES I with need all necessary public facilities be I I provided as required by said plan with emphasis on 1 ensuring good traffic circulation, schools, parks, I libraries, open space and recreational amenities: I and 2) the City Council shall not approve I residential development which would increase the I number of dwelling units beyond the Limit in said I ordinance WITHOUT AN AFFIRMATIVE VOTE OF THE I NO CITIZENS. The City may add additional public I facilities. The City shall not reduce public faci-I lities without a corresponding reduction in the I I residential dwelling unit Limit. I I 5. That a cross (+) placed in the voting square after the word 'YES" in the manner hereinbefore provided shall be counted in favor of the adoption of the ordinance. A cross (+) placed in the voting square after the word "NO" in the manner of the square containing the description of the measure, as -4- I 1 2 3 4 5. 6~ 7! a 9 19 ,I 20 21 22 23 24 25 26 27 28 1 ~ provided in Section 10219 of the Elections Code. This measure shall be listed first on the ballot. 7. That the City Clerk shall certify 'to..the passage and adoption of this resolution: shall enter the same in the book of original resolutions of said City: and shall rake a minute of the passage and adoption thereof in the record of the proceedings of the City Council of said City, in the minutes of the meeting at which the same is passed and adopted. PASSED, APPROVED AND ADOPTED at a regular meeting of said City Council held on the 22nd day of JUlY , 1986 by the following vote, to wit: AYES: Council Members Cabler, Lewis, Kulchin and Pectine NOES: None ABSENT: Council Member Chick ATTESP: -5- 2075 LAS bALMAS DRIVE CA~LSSAD,CALIFORNIA92009-4859 Ollice 01 the City Engineer Exhit ^ 3 TELEPHONE (619)438-1161 Citp of G3rIB’bab June 5, 1987 Constantino Medina Jr. 1655 Buena Vista Way Carlsbad, CA 92008 PROPOSED MINOR SWDMSION NO. 746 Whereas a review of the preliminary decision to disapprove the tentative map was requested by the appropriate date and a review meeting was held; and whereas negative findings delineated by Section 20.24.130 of the Carlsbad Municipal Code have been made: and whereas this minor subdivision is found to not be in con- formity with the General Plan of the City of Car&bad; therefore, en made to disapprove the subject tentative LBH:JM:lch c: Kevin McCann . TELEPHONE: C,T~Q@@&gpJ~4’ 438-5535 &itp of 4hhbaO CITY OF CARLSBAD APPEAL FORM I kPrsrt appeal the following decision of the City Engineer to the City Council: Project name and number (or subject of appeal): Proposed (APN 156-23-49) Date of decision: June 29, 1987 Reason for appeal:, Minor subdivision should be exempted from aoulication of resolution #8703 because of status of development inmediately prior to resolution, representations made by staff .I concerning the then contemplated development of neighborhood and -Ie-l-)---l--s see y7 of then reasonable Julv 7. 1987 Date Signature Constantino Medina, Jr. Name (Please print) c/o Kevin E. McCann, Applicant's Attorney Xdaress 1905 Apple Street, Ste. 5 Oceanside, CA 92054 (619) 433-7270 Telephone Number aooMwl3 I ‘bCI Ati VICINITY MAP N.T.S. PROJECT NAME PR6P05E0 MINOR SUt3DlVISlON 746 ~CONSTANTfNO MEDINA) PROJ. EXHIBI’ NO. MS 746 5 .- I . . MlCnnEL 7. PINES KEVIN E. MCCANN MICHAEL GOLDSTEIN c. DANIEL CARROLL July 30, 1987 z?/w: pL@nJL Of;/J, Pqfz PINES. MCCANN 8 GOLDSTEIN ATTORNEYS c,\T LAW ,905 PPrnLE STREET. SUITE 5 OCEANSIDE. CALIFORNIA 92054-4480 v ,619) 433.7270 < 4 .‘$.<X ‘I;~\ ‘.,r, The Honorable Claude A. Lewis, Mayor City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 Re: Appeal of City Engineer's Decision Denying Minor Subdivision No. 746 Public Hearing Date: August 4, 1987, 6:00 p.m. Dear Mayor Lewis: Please allow me to introduce myself as legal counsel to Constantino Medina, Jr. who shall appear before you on August 4. Mr. Medina is the owner of an approximately -92 acre lot between Knowles Avenue and Cynthia Lane. Mr. Medina has applied for a minor subdivision to divide this parcel four ways. The City Engineer has informed Mr. Medina that the project is currently barred by application of your Resolution Number 8703 which established a growth management and control point of 3.2 dwelling units/acre for this quadrant. While Mr. Medina understands that the City is in the process of making studies prior to approving projects beyond the control point established for the various quadrants of the City, there are exceptional circumstances to Mr. Medina's case. These exceptional circumstances should make the effect of Resolution No. 8703 inapplicable to this particular project. Please allow me to outline these circumstances: (1) For your ease in understanding these statements please refer to Exhibit "A", describing the property and the Cynthia Lane imrpovements. (2) On November 5, 1985 Mr. Medina owned a .92 acre parcel of raw land which he intended to divide into four, large residential lots of approximately 10,000 + sq. ft. each. (3) On November 5, 1985 the City Engineer invited Mr. Medina to attend a meeting on November 14 at Council Chambers to discuss the improvements to Cynthia Lane which were being proposed by the City. Mayor Lewis July 30, 1987 Page 2 (4) At that meeting, attended by City Counsel, Mr. Medina was informed that the Cynthia Lane improvements would make his property more valuable, would provide access to the lots he intended to create in this parcel, and would provide necessary utility services to the property. Mr. Medina was invited to participate in the improvement district by (a) granting the City 3,665 square feet of property for the cul-de-sac at no cost to the City; and (b) joining in an assessment district, lien-hz properties in the amount of approximately $29,000.00 to $30,000.00, or $lS,OOO.OO each for the two parcels contiguous to Cynthia Lane. (51 Mr. Medina was told that he could either voluntarily participate in this plan or, alternatively, the City would condemn the property for this public use. He was also told that the improvement would make his property more valuable and divisible into the four way plan he intended. (6) Negotiations with the City continued through March of 1986. Thereafter, on approximately March 25, 1986 Mr. Medina granted to the City that portion of his land needed for the City's cul-de-sac and voluntarily joined in the formation of the assessment district. (7) The Cynthia Lane improvements included sewer and water connections to the proposed parcels 3 and 4, existing on the northerly one half of the parcel. Similar sewer and water was available to parcels 1 and 2 from the existing Knowles Avenue. (8) In making these City dedications and committments in reliance upon the City's representations as to the divisibility of his parcel, Mr. Medina gave the City property worth approximately $36,650.00 (3,665 sq.ft. x $lO/sq. ft.), and incurred liens in the amount of approximately $29,142.00, for his total expense of nearly $66,000.00. (9) Under the proposed parcel map created by Mr. Medina after the Cynthia Lane improvement the lot sizes were reduced slightly, such that the smallest lot, parcel 4, would be 7,800 square feet, and the largest lot, parcel 1, would be 9,342 square feet. Needless to say, these lots are larger than the majority of the 7,500 sq.ft. residential lots in Carlsbad containing single family residences. A review of these circumstances shows that Mr. Medina relied to his detriment on the City's representations in committing himself to the $66,000.00 expenditure. The Applicant certainly does not . 1 - . . , ., ’ -. Mayor Lewis July 30, 1987 Page 3 contend that the staff mislead him. In fact, the City Staff has been exceptional in the assistance and information they have provided to Mr. Medina. On the other hand, the imposition of Resolution 8703 radically changes the rules on this project which is, in effect, in progress. Ordinarily one would not make off-site committments for the parcellation of property or dedicate easements until a tentative parcel map had been approved. In Mr. Medina's case, however, the circumstances were different because the City initiated the improvement effort. Therefore, it was the acts of the City in completing Cynthia Lane and inviting the dedication of property for street and utility improvements which actually began the development process for Mr. Medina's property. The Applicant respectfully submits to this Council that, for these reasons, Resolution 8703 should not have application to his project. It would be an unfair application of a law ex post facto if the development of his parcel was so limited after he has been invited to, and has made such a large committment to the City. Therefore, will you please consider this appeal from the decision of the City Engineer to stop the processing of this application, and will you please find that this project should be an exception to Resolution 8703 because of the substantial progress towards the development which occurred prior to the adoption of your resolution? Thank you very much for your consideration. Should you have any questions please do not hesitate to contact me. Very truly yours, PINES, MCCANN & GOLDSTEIN By: Kevin E. McCann Attorneys for the Applicant, Constantino Medina, Jr. cc: MayorPrO-tern,, Ann Kulchin Councilman John Mamaux Councilman Eric Larson Councilman Mark Pettine Constantino Medina, Jr. . : . B-L- -- c w-t-- -- MEDINA - - ~-~~~ ‘LOT ; /(j)Okd!! rot, . . . .,r r_ 0&I ~. : 9362s; k-? ! c, I’ t \ ,, \ so- l - --’ Ii:- I.‘/ j /-sy ,&a L - ,’ ‘L a~ & ; -w ----- c \ \ I* h h \ \ \ -& O- \ --- -ic- \ \ /22? z \ /w Skrc’ /‘! \o ,:J----- i -A- >y- I’VCF Sewr- *- ‘. PINES. MCCANN 8 GOLDSTEIN P.TTORNEIS AT LAW MICHAEL T. PINES ,905 APPLE STREET. SUITE 5 KE"lN E. MCCANN OCEANSIDE. CALlFORNlA 92054-4480 MlCWAEL GOLDSTElN c. DPNlEL CARROLL ,619, 433.7270 July 6, 1987 City of Carlsbad, City Clerk's Office Attn: Karen Kunts, Deputy City Clerk 1200 Elm Avenue Carlsbad, CA 92008 Re: Appeal of Engineer's Decision Pertaining to Proposed Minor Subdivision No. 746 Dear Ms. Kuntz: In accordance with our conversation of July 6, 1987 enclosed please find an appeal form pertaining to the above-referenced matter. As you requested I am accompanying this Appeal with a filing fee in the amount of $275.00. During our conversation today I inquired as to whether the Applicant or the City is required to give notice to the surrounding property owners of the noticed hearing. You informed me that you were unsure because appeals from the City Engineer's decision were extremely rare in your past experience with the City of Carlsbad. You informed me that you would advise me once you were able to determine who is responsible for giving this notice and I gave you my business card so that you would be able to contact me. I also inquired as to when I would be advised of the scheduling of the City Council hearing. You were able to advise me that the hearings were conducted on Tuesday evenings at 6:00 p.m., but you were unsure of when I would be given notice of the hearing. YOU also informed me that you would advise me of this when you could determine the same. Thank you very much for your assistance. Will you please be so kind as to contact me once you have determined (1) the notification to neighboring property owners procedure: and (2) the scheduled date of the public hearing? Very truly yours, PINES, MCCANN & GOLDSTEIN By: Kevin E. McCann cc: Constantino Medina, Jr. ‘- Cadsbad Journal Decreed A Legal Newrpoper by the Superior Court of Son Diego County Mail ~111 correspondence regarding public notice advertising fo North Coast Publishers, Inc. corporate offices: P.O. Box 878, Encinitor, CA 92024 (619) 753-6543 Proof of Publication STATE OF CALIFORNIA, ss COUNTY OF SAN DIEGO, I am o citizen of the United States ond o resident of the county aforesaid; I ornoverthecqeof eighteen years, and nota portytoorinterested in theaboveentitled matter. I am principal clerk of the printer of the Carlsbad Journal o newspaper of general circulation, published twice weekly in the City of Carlsbad, County of San Diego, State of California, and which newspaperispublishedforthedisseminotionof local newsand intelligenceof o general choracter,and which newspaper at 011 times herein mentioned hod and still has a bona fide subscription list of paying subscribers, and which newspaper hos been established, printed and published at regular intervals in the said City of Curlsbad, County of Son Diego, Stateof Colifornio, for o period exceeding one yeor next preceding the date of publication of the notice NOTICE OF PUBLIC Cyn,hiaLa”esnd KnowlesAvenue. If yw have my q”estio”l rams hereinafter referred to; and that the notice of HEARING APPEAL rd,NOR S”BDI”ISION NO. 148 ing Olin matter. p,eaIle Cdl the En- which the annexed is o printed copy, has been gineering mpartment at 4381161. published in each regular and entire issueof said newspaper and not in any supplement thereof on the following dotes, to-wit: -. NOTICE IS~HERELIY GWEN that *ryoy challenge the minor s”bdi- ,heCih/Co”nri,of,heCityofCarls- vision in EOUIZ. you may be limited bad Will hold a pblic Fearing 8, to raising only those ismes wu 9’ the city Cau”e,, Chamberr, 1m someone else railed at the PublIe mm Avenue. Carlsbsd. Calirornia. healing described in tm notice. (IT at mm P.M.. on Tuesday, *“gust 1. in written cO,rerpOndenee deli”. 1981.IOcod.ideranaPpealorsCitY ered to the city or Ce.ll.bd at GI Engineer’rdecisionc ,fde”ialroran pliol m &e,p”b,ir hearing. appLiestion rora Ini”- ~. nr.l>hdi”i.io” *pPELL,ANT: Conrtantino akdi- ,M.S. *x6, 0” mm.ertu Bena ‘ally ns. Jr. ,nr.t..i hctw.en the cur-de-s CARLSBAD CITY CO”NClr. _~ ____ - ...~~ . .._ ~~~~ se Of PLAT OF, PROJECT 1s a--3 i ! / ; /, ./.!: Ir--- July 24 19.87. 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 -Thep24th day of Clerk of the Printer ” . .- NOTICE OF PUBLIC HEARING APPEAL MINOR SUBDIVISION NO. 746 NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad will hold a public hearing at the City Council Chambers, 1200 Elm Avenue, Carlsbad, California, at 6:00 P.M., on Tuesday, August 4, 1987, to consider an appeal of a City Engineer's decision of denial for an application for a minor subdivision (M.S. $746) on property generally located between the cul-de-sac of Cynthia Lane and Knowles Avenue. If you have any questions regarding this matter, please call the Engineering Department at 438-1161. If you challenge the minor subdivision in court, you may be limited to raising only those issues you or someme else raised at the public hearing described in this notice, or in written correspondence delivered to the City of Carlsbad at or prior to the public hearing. APPELLANT: Constantine Medina, Jr. PUBLISH: July 24, 1987 CARLSBAD CITY COUNCIL PLA? OF* PROJECT PROJECT NAME PROJ. EXHlBl PmPOSED MlNDR S”BDWSION 746 NO. (coNxaNTINo HrolNn) MS746 5 Constantine Medina, Jr. c/o Kevin E. McCann, Atty 1905 Apple St, Suite 5 Oceanside, CA 92054 Rhonda R. Moffitt 2727 Elmwood St. Carlsbad, CA 92008 June h. Barrett 10550 Dunlop Crossing Rd. #82 Whittier, CA 90606 Steven G. & Jullie 1. Sypher 2805 Elmwood St. Carlsbad, CA 92008 Kenneth E. & Carol M. Laidlaw 2815 Elmwood St. Carlsbad, CA 92008 Cecil M. & Iola D. Oathout 1453 Buena Vista Ave. Carlsbad, CA 92008 Roy H. Gastelum Jr. 665 Walnut St. Carlsbad, CA 92008 Consuelo Miller 2816 Highland Dr. Carlsbad, CA 92008 Kimberly J. Hunter 920 Avenida De San Clemente Encinitas, CA 92024 Wallace & Gladys Schrock 2828 Highland Dr. Carlsbad, CA 92008 Benigno & Nicosia Ruiz 1395 Buena Vista Ave. Carlsbad, CA 92008 Wilda F. Simpson 2850 Elmwood Dr. Carlsbad, CA 92008 Dwight & Linda &inland 1319 Knowles Ave. Car&bad, CA 92008 Robert & Linda Snyder 3655 Highland Dr. Carlsbad, CA 92008 Richard & Marcella Gilbert 2810 Elmwood Ave. CArlsbad, CA 92008 John & Kathy Marlin 1274 Stratford Lane Car&bad, CA 92008 Eldon h Thalia Cutler 30171 Silver Spur Rd. San Juan Capistrano, CA 92675 Gino Burnette 2870 Elmwood St. Carlsbad, CA 92008 Russell & Amelia Erickson 2860 Elmwood St. Carlsbad, CA 92008 Heinz K. Kuhn 2880 Elmwood St. Carlsbad, CA 92008 Richard & Edna Strain 1301 Knowles Ave. Carlsbad, CA 92008 Theodore & Patricia Switzer 233 N. Sparks St. Burbank, CA 91506 Archie & Mildred Larson 2869 Elmwood St. Carlsbad, CA 92008 Arthur Ennis 1339 Knowles Ave. Carlsbad, CA 92008 William & Eva Couty 2883 Elmwood St. Carlsbad, CA 92008 Helen Lacey 2889 Elmwood St. Carlsbad, CA 92008 Frank & Mary Azmann 1270 Stratford Lane Carlsbad, CA 92008 William & Susan Bernard 1266 Stratford Lane Car&bad, CA Robert & Jacalyn Hoover 1250 Stratford Lane Carlsbad, CA Marion & Veronica Steen 1240 Stratford Lane Carlsbad, CA John & Kathy Marlin 1274 Stratford Lane Carlsbad Jonathan & Linda Lee 2885 Highland Dr. Carlsbad, CA Larry Doan 2873 Highland Dr. Carlsbad, CA Rose Barone 2884 Elmwood St. Carlsbad, CA Clyde Wickham & Julie Mennen 1320 Knowles Ave. Carlsbad, CA Hshing & Cheng Lin 1320 Knowles Ave. Carlsbad, CA Geronimo & Emelia Sanchez 1375 Buena Vista Ave. CArlsbad, CA 92008 Buena Properties 608 San Luis Rey Dr. Oceanside, CA Harold & Betty Smerdu 1310 Knowles Ave. Carlsbad, CA 92008 Albert Devega 1306 Knowles St. Carlsbad, CA Donald & Lucy Dominguez 1288 Knowles Ave. Carlsbad, CA Roy H. Gastelum Jr. 665 Walnut St. Carlsbad, CA Constantino Medina, Jr. 1677 Buena Vista Way Carlsbad, CA 92008 Louise Williams 1394 Knowles Ave. Carlsbad, CA 92008 Bernice Cooper 2831 Elmwood St. Car&bad, CA PLAT OF< PROJECT ‘IS OOOMW73 : * i i ;. a. . . . . *....,... . . . . . . . . . . ...*...*.*.< f 4 3 k t 1 i %a uo933t19 , ICh PROJECT NAME PROJ. EXHIBI PROPOSED MINOR SUBDIVISION 746 NO. (CoNSTANtIN MEOWA) MS 746 5 . . . ,. 1200 ELM AVENUE CARLSBAD, CA 92008-1989 Oillce 01 Ihe Clfy Clerk TO: FROM: &itp of CarMa lb David Hauser, Asst. City Engineer Karen Kundtz, Deputy City Clerk DATE: RE: July 8, 1987 Minor Subdivision No. 746 TELEPHONE (619) 438.5535 The above item has been appealed to the City Council. Please determine when the item will go to Council and complete the form below and return it to the City Clerk's Office. According to the Municipal Code, appeals must be heard by the City Council within 30 days of the date that the appeal was filed. Please consider this when setting the date for the hearing. Thank you. *** If this matter is to be a noticuipublic hearing, I need to know ASAP, and need to be provided with envelopes for mailing to any affected property owners in the area. The appeal of the for the City Council Meeting of . TELEPHONE: 'RECEIVEO (714) 438.5535 CITY CLERK'S OFFICE 87JUL-7 PII I+:SO CITYOF CARLSBAD 6p37 APPEAL FORM I KPIat appeal the following decision of the City Engineer to the City Council: Project name and number (or subject of appeal): Proposed Minor Subdivision No. 746 (APN 156-23-49) Date of decision: June 29, 1987 Reason for appeal: Minor subdivision should be exempted from application of resolution #8703 because of status of development immediately prior to resolution, representations made by staff ") concerninq the then contemplated development of neighborhood and f~<-‘L~~~.Ly--F y&e by of then reasonable Julv 7. 1987 Date Constantino Medina, Jr. Name (Please print) c/o Kevin E. McCann, Applicant's Attorney xddress 1905 Apple Street, Ste. 5 Oceanside, CA Y2054 (619) 433-7270 Telephone Number I * I I iWXlJNT NO. DESCRIPTION i .$ ,& AMQUNT -,,,_ ~.“.---- ~~~,~~,.~~~....--------‘ ” 12W ELM AVENUE CARLSSAD, CA 92008-1989 Office of the City Clerk TELEPHONE (619) 438-5535 4Citp of &arWab TO: David Hauser, Asst. City Engineer FROM: Karen Kundtz, Deputy City Clerk DATE: July 8, 1987 RE: Minor Subdivision No. 746 The above item has been appealed to the City Council. Please determine when the item will go to Council and complete the form below and return it to the City Clerk's Office. According to the Municipal Code, appeals must be heard by the City Council within 30 days of the date that the appeal was filed. Please consider this when'setting the date for the hearing. Thank you. *** If this matter is to be a noticedpublic hearing, I need to know ASAP, and need to be provided with envelopes for mailing to any affected property owners in the area. The appeal of the above matter should be scheduled for the City Council Meeting of Signature Date ’ ,. - ’ 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008 Office of the City Cferb Qitp of Qhrle’bdl TELEPHONE: 'RECEIVED (714) 43&5535 WY CLERK'S OF:/CE 87JUL-7 PM 4:50 VW OFCARLSBAD APPEAL FORM I msrt appeal the following decision of the City Engineer to the City Council: Project name and number (or subject of appeal): Proposed Minor Subdivision No. 746 (APN 156-23-49) Date of decision: June 29, 1987 Reason for appeal: Minor subdivision should be exempted from aunlication of resolution #8703 because of status of development immediately prior to resolution, representations made by staff ,I concerning the then contemplated development of neighborhood and Julv 7. 1987 Date Constantino Medina, Jr. Name (Please print) c/o Kevin E. McCann, Applicant's Attorney Address 1905 Apple Street, Ste. 5 Oceansrde, CA 92054 (619) 433-7270 Telephone Number