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HomeMy WebLinkAbout1989-06-27; City Council; 10108; Appeal City Engineer's Decision Mink Ltd.Clv OF CARLSBAD - AGENP-BILL iB#.&E TITLE: rllTG. 6-77-89 APPEAL OF CITY ENGINEER’S DECISION )EPT.ENC. ON MINOR SUBDIYISION NO. 796 (MINK LTD.) RECOMMENDED ACTION: Uphold City Engineer’s decision and DENY Mink Ltd.‘s appeal to approve Minor Subdivision No. 796 ITEM MPlANATlON: This is an appeal of the City Engineer’s decision to deny proposed Minor Subdivision No. 796. The appeal was made by the subdivider and owner of the property, Mink Ltd. Minor Subdivision No. 796 is a proposed two lot subdivision located at the south end of Luciernaga Place and contains approximately 0.596 acres. The existing zoning on the site is R-2 and the existing general plan designation is RM (4-8 dwelling units per acre). The tentative parcel map was denied for the following two reasons: 1. The density of the proposed project exceed the growth control point. The growth control point for the property is 6 dwelling units per acre. By creating two, R-2 lots, 4 unit “i would be allowed on the property and the resulting density would be 6. 1 dwelling units per acre. In addition, the applicant has not submitted an application for a Hillside Development Permit. Planning staff have estimated that once hillside constraints are considered the site density could increase beyond the maximum allowable density for the R-M designation (8 dwelling units per acre). The property is located in Local Facilities Management Plan Zone 6 and staff would not be able to make the findings required by the Growth Management Plan to approve a density above the growth control point. 2. Parcel 1 of the proposed subdivision did not have the 60 foot minimum lot frontage required by code. The proposed Parcel 1 frontage was 57 feet wide. Adequate frontage exists on the project; however, moving the proposed lot line will require reconstruction of an existing driveway on the site. The appellant has indicated a willingness to comply with this requirement. Mink Ltd. presented a list of eight reasons for their appeal as stated within the Appeal Form attached as Exhibit 2. The City Engineer and Planning Director have reviewed the appellants reasons for appeal and cannot find justification for reversal of the City Engineer’s decision to deny Minor Subdivision No. 796. FISCAL IMPACT: NONE. MHIBlTS: 1. Location Map. 2. Appeal form. LOCATION MAP UNICORNlo ST ‘ROJECT NAME EXHIBIT APPEAL OF MINOR SUBDIVISION NO.796 1 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008 Office of the City Clerk TELEPHONE (619) 434-2808 APPEAL FORM I (We) appeal the following decision of the City of Carlsbadr Engineering Department to the City Council: Project Name and Number (or subject of appeal): Prooosed Minor Subdivision No. 796. Date of Decision: ~2 w 1989 Reason for Appeal: 1. Prior to July of 1988 Mr. Arthur Plaut, Mink LTD, was advised by the City of Carlsbad Planning Department that the property could be subdivided. 2. The proposed undeveloped parcel meets minimum zoning size, i.e. 7,500 square feet. 3. No grading is proposed or needed (Continued on the back) y-7 7- s 7 Date gfmAA~I$ .~/7d-- Name (Please Print) &. t GQLh5lo /JR. K2LqMcmK Address /GPj] ?zS -67’4 Telephone Ndmber Reason for Appeal Continued: 4. 5’. 6. 7. a. The existing slope area (hillside) has been graded and built upon1 and this area will constitute one parcel of the subdivision. Because the hillside has already been developed the Hillside Development Ordinance should be waived. According to the Local Facilities Management Plan - Zone 6, this sub area (RM-5) will have an ultimate build out density of 3 DU per acre, whereas, 6 DU per acre is allowable per the Growth Management Ordinance. Mink LTD, is agreeable to a covenant restricting the proposed parcel with the existing single family residence to 1 DU in the future, even though it is zoned R-2. A front lot width of 60 feet can be obtained by relocating the existing driveway entrance, thus, the proposed undeveloped lot would comply with zoning width requirements. Mink LTD has spent a great deal of time and money on this project based upon the City of Carlsbad Planning Department initial determination that the project would be acceptable if parcels created met zoning requirements. ec.‘s ,. @2 %p+ - 5850 Avenida Encinas, Suite C, Carlsbad, California 92008 (619) 436-9553 (619) 436-4480 19 May 1989 City Clerk City of Carlsbad Elm Street Carlsbad, CA 92008 Reference: Appeal to the City Council, City of Carlsbad as provided in Section 66452.5 of the Subdivision Map Act: Gentlemen: Enclosed please find the Following: 1. Appeal form to to the City of denial to Mink No. 796. the City Council in response Carlsbad Engineering Department's LTD's proposed Minor Subdivision 2. Copy of the initial denial letter from the City of Carlsbad Engineering Department dated April 26, 1989. 3. Western Land Surveying, Inc.'s response to the initial denial letter dated May 2, 1989 4. Copy of the final denial letter from the City of Carlsbad Engineering Department. 5. Check #1146 for the appeal fees. 6. Copy of the submitted Tentative Parcel Map Please contact Western Land Surveying, Inc. if any further information is needed. Sincerely, Fred 5. Hunemuller Secretary encl. FJH/yh wo 1299 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008 Office of the City Clerk TELEPHONE (619) 434-2808 APPEAL FORU I (We) appeal the following decision of the City Of Carlsbadr Engineering Department to the City Council: Project Name and Number (or subject of appeal): Prooosed Minor Subdivision No. 796. Date of Decision: 12 day 1989 Reason for Appeal: 1. Prior to July of 1988 Mr. Arthur Plaut, Mink LTD, was advised by the City of Carlsbad Planning Department that the property could be subdivided. 2. The proposed undeveloped parcel meets minimum zoning size, i.e. 7,500 square feet. 3. No grading is proposed or needed r this projec (Continued on the back) y-7 7- 2 7 Date Name (Plebse Print) l&z I dLR)Ldo DR. FTHLq&dK Address /Gl”r) -?z%= -Q-/ Telep'trone Ndmber Reason for Appeal Continued: 4. 5. 6. 7. 8. The existing slope area (hillside) has been graded and built upon, and this area will constitute one parcel of the subdivision. Because the hillside has already been developed the Hillside Development Ordinance should be waived. According to the Local Facilities Management Plan - Zone 6, this sub area (RM-5) will have an ultimate build out density of 3 DU per acre, whereas, 6 DU per acre is allowable per the Growth Management Ordinance. Mink LTD, is agreeable to a covenant restricting the proposed parcel with the existing single family residence to 1 DU in the future, even though it is zoned R-2. A front lot width of 60 feet can be obtained by relocating the existing driveway entrance, thus, the proposed undeveloped lot would comply with zoning width requirements. Mink LTD has spent a great deal of time and money on this project based upon the City of Carlsbad Planning Department initial determination that the project would be acceptable if parcels created met zoning requirements. _ -v-v- -*-w --aFlql I -I . . . tsmM!lllb, CAWtMNIA s2m8 43Sa321 . , , ,. / r’.ii 1 IN iyy ,v i=( J-qy I.,U., , ,*, k.w REC’D FROM DATE ACCOUNT NO. DESCRlPTiON “,_ AMOUNT April 26, 1989 Mink Ltd. 1621 El Nido Fallbrook, CA 92028 PROPOSED MINOR SUBDIVISION NO. 796 A preliminary decision has been made pursuant to Section 20.24.12 of the City of C&bad Municipal Code, to deny the application for the tentative map of the proposed minor subdivision for the following reasons: 1. The proposed subdivision is not consistent with Proposition E (Growth Manage- ment). The creation of an additional R-2 zoned lot would allow 2 additional units. . This would exceed the density allowed on the existing pilrcel (2 units). 2. Proposed Parcel 1 does not meet the minimum 60’ lot width, per Section 21.12.080( 1). __ . . The applicant may request a review of the conditions in writing within ten (IO) days of the date of this letter. R%%??%%%y+ . Principal Civil Engineer RJ W:MJI:rp c: Western Land Surveying, Inc. -_----_.--._ __.-. ._.-. --- ---.-..---- 2075 Las Palmas Drive - Carlsbad, California 92009-4859 l (619) 438-l 161 May 12, 1989 Mink Ltd. 1621 El Nido Fallbrook, CA 92028 PROPOSED MINOR SUBDIVISION NO. 7% Whereas a review of the reasons for denial was requested; and whereas a review was held with the applicant on May 10, 1989; and whereas no additional information was obtained to alter the reasons for denial of the project; and whereas negative findings delineated by Section 20.24.13(4) and (6)d of the Carlsbad Municipal Code have been made; therefore, a final decision has been made to deny the subject tentative parcel map. An appeal of this decision to the City Council may be filed as provided in Section 66452.5 of the Subdivision Map Act. Principal Civil Engineer RJW:rp c: Western Land Surveying Inc. / 2075 Las Palmas Drive - Carlsbad, California 92009-4859 * (619) 438-l 16 1 .- May 2, 1989 WESTERN LARD SURVEYlRG, INC. 5850 Avenida Encinas, Suite C, Carlsbad, California 92008 (819) 438-9553 (819) 4384480 Mr Lloyd B. Hubbs City Engineer 2075 Las Palmas Drive Carlsbad, CA 92009-4859 Dear Mr. Hubbs, I am writing on behalf of the owners of PROPOSED MINOR SUBDIVISION NO. 796, Mink LTD., to request a review of the preliminary decision denying their application for a tentative map which would create a two lot subdivision of an existing R-2 zoned lot in La Costa. Mink LTD and I do not agree with the decision to deny the application. Their representative, Arthur Plaut, and I would appreciate a meeting with you and your staff to discuss the rationale for this denial. Sincerely, Hunemuller .'.* Secretary . ** To:City Engineer A large Tentative Parcel Map was also filed,with this appeal. We cannot make a copy for The appellbnt will give MBTERR LARD SWRVEYlNG, INC. you a copy if you wish. 19 May 1989 5850 Avenida Encinas, Suite C, Carlsbad, California 92008 (619) 436-9553 . (619) 438-4460 City Clerk City of Carlsbad Elm Street Carisbad, CA 92008 Reference: Appeal to the City Council, City of Carlsbad as provided in Section 66452.5 of the Subdivision Map Act.