HomeMy WebLinkAbout1991-09-17; City Council; 11351; Bumenshine Appeal‘
I RECOMMENDED ACTION:
. CIPL OF CARLSBAD - AGENDABILL
APPROVE MINOR SUBDIVISION NO. 818 (BLUMENSHINE)
That the City Attorney be instructed to prepare documents denying the appeal and
UPHOLDING the City Engineer’s decision to approve Minor Subdivision No. 818 subject
to the conditions of approval as stated in the preliminary decision letter dated June 24,
1991 and the final decision letter dated July 15, 1991.
ITEM EXPLANATION:
This is an appeal of certain conditions of approval of Minor Subdivision No. 818. The
appellant is Karen M. Blumenshine. The specific conditions the appellant is requesting
relief from are Conditions No. 8, 9, and 23 which deal with the payment of local drainage
area fees and the removal and replacement of an existing public storm drain facility which
lies within the subject property.
On July 13, 1989 the appellant applied for a tentative parcel map to subdivide her existing
property into three lots. The property is located at the north end of Highland Drive. One
existing residence is currently located at the east side of the property upon a large
relatively flat portion of the site. The remainder of the site slopes steeply down towards
the Buena Vista Lagoon area to the north.
On April 2, 1990 the City Engineer made a final decision to deny the proposed minor
subdivision because the project proposed development and grading of portions of the
site defined as undevelopable under the Hillside Development Ordinance. The applicant
filed an appeal of the City Engineer’s decision to deny the tentative parcel map and the
appeal was heard by City Council on July 24, 1990 (AB 10,732) Council upheld the
appeal and returned the project to the City Engineer for further review and decision, The
appellant and staff worked together and were able to agree upon a project redesign that
the City Engineer could approve.
The redesigned project still proposes grading within forty percent slope areas. However,
most of the grading within the forty percent slope area is also necessary to reconstruct
an existing damaged public storm drain and to install required street improvements.
Because the site has unusual soil conditions that necessitate corrective work and grading
of the slopes is necessary to restore and rehabilitate a public facility, it is permissible
under the Hillside Ordinance. The applicant freely offered to reconstruct the public storm
drain with the development of her property. The reconstruction was needed to develop
the property as proposed and provided a public benefit which was instrumental in making
the findings for approval of the Hillside Permit.
For the above stated reasons, the City Engineer sent the appellant a letter, dated June
24, 1991, preliminarily approving the revised minor subdivision subject to numerous
conditions as stated within the letter (attached Exhibit 3). The appellant sent a letter
dated July 2, 1991 requesting review of some of the proposed conditions of approval
(attached Exhibit 4). A review of the conditions was performed by staff. On July 15, 1991
the City Engineer rendered his final decision to approve the minor subdivision subject to
the conditions as stated in the June 24, 1991 letter with the exception that the wording
of Condition No. 10 was modified (attached Exhibit 2). The remaining conditions were
determined to be appropriate as stated in the June 24, 1991 letter.
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PAGE TWO OF AB# j/,35 /
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Staff is uncertain as to exactly what type of relief the appellant is requesting. In
discussion with Ms. Blumenshine, it appears that she believes her project is unfairly burdened with the requirement to remove and replace the existing storm drain across her
property while at the same time being required to pay drainage area fees.
The following is a brief explanation of each of the conditions referenced in the appellants
letter together with a synopsis of the staff position regarding their inclusion within the
project conditions of approval:
1. Condition No. 8 requires payment of a local drainage area fee which if paid today
would total approximately $8,110.00. This requirement is in accordance with adopted code regarding Local Drainage Area Fee payment. The drainage facility
proposed for removal and replacement on the project site was not included in the
original drainage fee calculation and is therefore not subject to fee credit or
reimbursement.
2. Condition No. 9 requires the appellant to enter into an agreement with the City to pay any drainage area fees established as a result of the forthcoming Master
Drainage Plan Update. This is a standard condition which has been uniformly
applied to all projects approved since Council authorized staff to proceed with the
Master Plan Update in 1988.
The Master Drainage Plan Update and new fee schedule have not been brought
forward to Council at this time, however, preliminary indications are that the new
fee revision will be comparable to the existing fee for this project site.
3. Condition No. 23 requires the removal and replacement of the existing public
storm drain across the project site. This condition was imposed because
construction of the proposed project is not possible without removal and
reconstruction of this facility. The remedial grading work needed to stabilize the
proposed building pads would necessitate the reconstruction of the drainage
facility regardless of the existing condition of the drainage pipe. It should be
noted that it was the appellant who first proposed full replacement of the drainage
pipe as an inducement to achieve City approval on the project. The cost of this
facility reconstruction exclusive of remedial grading work would be approximately $32,000.00.
Apparently, the appellant was working with minimal professional assistance on the project
and may have been unaware of the total costs associated with the drainage
improvements, remedial grading work, and facility fees.
Upon review of the conditions of approval, the appellant evidently determined that their
cumulative impact made the project economically less viable and decided to appeal to
the Council for relief. Staff believes the project conditions were fairly applied and that it
is not the responsibility of the City to assure economic viability of a proposed
development. For these reasons staff recommends that Council deny the appeal and
uphold the City Engineer’s decision to approve the project subject to the conditions as
proposed in the preliminary and final decision letters for Minor Subdivision No. 818.
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PAGE THREE OF AB# 11; 3 5 /
Should Council decide to uphold the appeal and provide relief for the appellant, staff
believes there are two possible options as follows:
1. Contribute money from the General Fund account to be applied towards
the reconstruction of the drainage facility. The amount of the contribution
should be determined upon the basis of the cost of repairing the existing
facility which has been roughly estimated at between 10 and 20 thousand
dollars.
2. Direct staff to include the reconstruction of this facility within the proposed facilities identified in the Master Drainage Plan Update. The appellant
would then be eligible for reimbursement for fee credit as provided in the
drainage fee ordinance.
The second alternative would be preferable from a staff perspective; however, it would
require that the appellant defer the recordation of the parcel map until after the adoption of the Master Drainage Plan Update and revised fee ordinance. Also, the additional
facility cost would increase the fee base and partially offset the potential reimbursement.
This option was discussed with the appellant and was not endorsed by her at the time
of the discussion.
FISCAL IMPACT:
If Council upholds the City Engineer’s decision there would be no direct fiscal impact to
the City. There may be an indirect impact if the project is abandoned. The City would
then at some time in the future be required to repair the existing damaged storm drain.
If Council upholds the appeal there may be some fiscal impact depending upon the type
of relief given to the appellant.
EXHIBITS:
1. Location Map.
2. City Engineer’s final decision letter, dated July 15, 1991.
3. City Engineer’s Preliminary decision letter, dated June 24, 1991
4. Applicant request for review of conditions letter, dated July 2, 1991.
5. Applicant’s appeal request letter, dated July 22, 1991.
i Y
b LOCATION MAP ”
LOCATION *i-l
SHEi OF2 7
PROJECT NAME Karen Blutnen~blvle -TY f7 I’d. PROJECT EXHIBIT
NUMBER MS 618 f
July 15, 1991
Karen Blumenshine
2256 Jefferson Street
Carlsbad, CA 92008
PROPOSED MINOR SUBDMSION NO. 818
Whereas a review of the conditions of the letter ofpreliminary approval was requested by the appropriate date; a hearing was held and whereas the requirements of the California
Environmental Quality Act and the City of Carlsbad Environmental Protection Ordinance
of 1973 relating to the subject proposed parcel map have been examined by the Planning Director and declared to have a non-significant impact upon the environment; and whereas negative findings delineated by Section 20.24.130 of the Carlsbad Municipal Code have not
been made; and whereas this minor subdivision is found to be in conformity with the
General Plan of the City of Carlsbad; therefore, a final decision has been made to approve
the subject tentative parcel map subject to the conditions set forth in the prehminary approval letter with the following exception.
Condition No. 10 shall be changed to.
“The applicant shall pay park-in-lieu fees to the City prior to the approval of
the parcel map or may defer the payment of the fees consistent with Chapter
20.44.050(d) of the Carlsbad Municipal Code.” . hIQ+y--y
ROBERT J. WOJCIK
Principal Civil Engineer
RJw:JM:Iz
c: Conrad C. Hammann
Jeff Gibson
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.
June 24, 1991
Karen Blumenshine 2256 Jefferson St. Carlsbad, CA 92008
PROPOSED MINOR SUBDMSION NO. 818
A preliminary decision has been made, pursuant to Section 20.24.120 of the City of
Carlsbad Municipal Code, to approve the tentative parcel map of the proposed minor subdivision subject to the following conditions:
1.
2.
3.
4.
5.
6.
The applicant may request a review of the preliminary conditions within ten (10) days of the date of this approval. The request must be submitted in writing to the City Engineer in accordance with Section 20.24.120 through 140 of the Carlsbad
Municipal Code.
The parcel map shall comply with the Land Use Planning Office memorandum for Minor Subdivision No. 818/HDP 89-24, dated May 24, 1991(Attached Hereto).
The tentative parcel map approval shall expire two (2) years from the date of the
letter containing the final decision for tentative parcel map approval.
The developer shall provide the City with the reproducible 24” x 36” mylar copy of
the tentative parcel map as approved by the City Engineer. The tentative parcel
map shall reflect the conditions of approval by the City. The map copy shall be submitted to the City Engineer prior to issuance of building permits, improvement
plans, or grading permits submittal, whichever occurs first.
Unless a standard variance has been issued, no variance from City Standards is
authorized by virtue of approval of this tentative parcel map.
The developer shall submit proof of a California State Coastal Commission permit
prior to parcel map approval.
2075 Las Palmas Drive - Carlsbad, California 92009-l 519 - (619) 438-l 161 @
Karen Blumenshine
MS 818 Page: 2
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
All required fees and deposits shall be paid prior to parcel map recordation.
The developer shall pay the local Drainage Area Fee prior to approval of the parcel map Area No. 3.
Prior to approval of the parcel map the developer shall pay and/or enter into an agreement with the City to pay any drainage area fees established as a result of the forthcoming Master Drainage Plan Update.
The applicant shall pay park-in-lieu fees to the City prior to the approval of the
parcel map as required by Chapter 20.44 of the Carlsbad Municipal Code.
The subdivider shall be responsible to pay the recording fees for all agreements, easements and documents required for this project.
This project is approved under the express condition that the applicant pay the additional public facilities fee adopted by the City Council on July 28, 1987, and any development fees established by the City Council pursuant to Ordinance No.
9791 or subsequent ordinance adopted to implement a growth or development management system or public facilities phasing plan to fulfill the subdivideis agree-
ment to pay the public facilities fee, a copy of which is on file with the City Clerk
and is incorporated by this reference. If the fees are not paid, this application will
not be consistent with the General Plan and approval for this project shall be void.
All required fire hydrants, water mains, and appurtenances shall be operational
prior to combustible building materials being located on the project site.
Additional public waterlines and on-site fire hydrants may be required prior to
development of the project subject to the approval of the Fire Marshall.
This project is approved upon the express condition that building permits will not . be issued for development of the subject property unless the City Engineer deter-
mines that sewer facilities are available at the time of application for such sewer permits and will continue to be available until time of occupancy. This note shall be placed on the parcel map.
A separate grading plan shall be submitted and approved and a separate grading
permit issued for the borrow or disposal site if located within the city limits.
.
.-
Karen Blumenshine
MS 818 Page: 3
17. The developer shall place the following note on the parcel map:
Geotechnical Caution:
A. The owner of this property on behalf of itself and all of its successors in
interest has agreed to hold harmless and indemnify the City of Carlsbad from
any action that may arise through any geological failure, ground water
seepage of land subsidence and subsequent damage that may occur on, or
adjacent to, this subdivision due to its construction, operation or mainte-
nance.
18. Prior to hauling dirt or construction materials to any proposed construction site within this project the developer shall submit to and receive approval from the City Engineer for the proposed haul route. The developer shall comply with all condi- tions and requirements the City Engineer may impose with regards to the hauling operation.
19.
20.
21.
22.
The developer shall exercise special care during the construction phase of this
project to prevent offsite siltation. Planting and erosion control shall be provided
in accordance with the Carlsbad Municipal Code and the City Engineer. Reference
Chap 11.06.
This project is approved specifically allowing and approving a minor standards variance for the “hammer-head” turnaround at the north end of Highland Drive as
shown on the tentative parcel map.
Highland Drive shall be dedicated by the owner along the subdivision frontage the right-of-way necessary to construct the proposed ‘hammer-head” turnaround as shown on the tentative parcel map. All land so offered shall be granted to the City free and clear of liens and encumbrances and without cost to the City. Streets that are already public are not required to be rededicated.
This project proposes the encroachment of a retaining wall into a portion of the right-of-way which is to be dedicated for the “hammer-head” turnaround at the
north end of Highland Drive. Therefore, prior to parcel map recordation the owner
shall submit for and receive approval of an encroachment permit for said retaining
wall. If the encroachment permit is not approved by the City Council, then the
project shall be redesigned to eliminate the encroachment either substantially
conforming to the approved tentative parcel map consistent with City policy or an amended tentative parcel map will need to be submitted for review and approval by
the City Engineer.
P:U)OCSWINORSUBih4S818
.
Karen Blumenshine
MS 818 Page: 4
23. Plans, specifications and supporting documents for all improvements and grading
shall be prepared to the satisfaction of the City Engineer. Prior to approval of the
parcel map the subdivider shall install, or agree to install and secure with appropri- ate security as provided by law, improvements and grading shown on the tentative
parcel map and the following improvements to City Standards to the satisfaction of
the City Engineer:
A. The removal of the existing 24” CMP storm drain system which extends from the north end of Highland Drive northwesterly into the property and replac-
ing said storm drain system with a new 24” RCP system including catch
basins.
B. The construction of a “hammer-head’ turnaround at the north end of High-
land Drive including required full public improvements and the replacement
of any damaged improvements along the project frontage of Highland Drive
as required by the City Engineer.
A note identifying these obligations shall be placed on an additional map sheet on
the parcel map per the provisions of Section 66434.2 and 66445 of the Subdivision Map Act.
24. Improvements listed above shall be constructed within twelve (12) months of approval of the secured improvement agreement.
Carlsbad Mum&al Water District Conditions
1. Developer must make application for work orders with the City of Carlsbad Finance
Department for the installation of the new service for Parcel Numbers 2 and 3.
2. Developer must obtain Fire Marshal’s approval for subject project.
3. The Developer will be responsible for all fees/deposits and the major facilities . charges.
J4-4&-+
ROBERT J. WOJCIK Principal Civil Engineer
RJw:JM:n
PADOC%h4INORSUB\MS818
.
.
MAY 24, 1991
RECEIVED
MAY 3 0 1991
CITY OF CAMSBAD ENGINEEPING DEPARTMENT
TO: ENGINEERING DEPARTMENT
FROM: PLANNING DEPARTMENT
SUBJECC HDP 89-24/A&818- BLUMENSHINE
The Planning Department has completed a review of the application for a Hillside Development Permit (HDP 89-24), and three lot Tentative Parcel Map (MS 818) for
property located at 2202 Highland Drive.
The Planning Director has determined that the project will not have a significant effect on
the environment and a Mitigated Negative Declaration was issued for the project on April
25, 1991. It is the Planning Directors determination that the project is consistent with the
City’s Hillside Development Ordinance (Chapter 21.95 of the Carlsbad Municipal Code),
the Local Coastal Program (Mello II), and with all other applicable City ordinances and
policies, therefore the Planning Director recommends approval of MS 818, and APPROVES
HDP 89-24 based on the following findings and conditions:
This memorandum, including the listed findings and conditions, constitutes approval of
HDP 89-24.
FINDINGS:
1. Hillside conditions have been properly identified on the constraints map
which shows existing and proposed slope conditions and percentages.
2. Undevelopable areas of the project, i.e. natural slopes over 40% have been
properly identified on the constraints map.
3. All development is designed to minimize grading and reduce impact on the
slope.
4. No development will occur in the undevelopable portions of the site. Grading will
occur on manufactured 40% slopes that consist of unconsolidated fill material that
was deposited on the project site by authorized grading. The uncompacted soil
conditions, in conjunction with a damaged storm drain that is located beneath the
unconsolidated fill slopes, necessitates the grading of these 40% slopes to repair the storm drain, and stab&e the slope.
HDP 89-24/MS 818 - BLUMENSHINE
MAY 24, 1991
PAGE 2
5. The project design substantially conforms to the intent of the concepts illustrated in Hillside Guidelines Manual as follows:
a.
b.
Grading volumes per acre are within acceptable limits.
The slopes are contoured and do not exceed 30 feet in areas where there is no unconsolidated fill material.
6. The project is consistent with all development and resource preservation policies of the Mello II Local Coastal Program. The property carries the same LCP designations as the General Plan and Zoning and is therefore an allowed use.
Conditions:
1.
2.
3.
4.
5.
6.
Approval is granted for HDP 89-24, as shown on Exhibit “A”, dated March 8, 1991,
and Exhibit “B”, dated May 24, 1991, incorporated by reference and on file in the Planning Department. Development shall occur substantially as shown unless
otherwise noted in these conditions.
Approval of HDP 89-24 is subject to the approval of MS 818 and subject to conditions of MS 818, incorporated herein by reference.
All newly created cut or fill slopes must be landscaped and screened from adjoining properties to the satisfaction of the Planning Director. The applicant shall prepare
a detailed landscape and.irrigation plan which shall be submitted to and approved
by the Planning Director prior to issuance of a grading or building permit,
whichever occurs first.
On Parcel 3, as shown on Exhibit “B”, dated May 24, 1991, a 10 foot side
yard setback shall be provided between the existing southern property line
and any future structures, excluding walls or fences.
The side, front, and rear yard designations for the project shall be established as .
shown in red on Exhibit “B”, dated May 24, 1991. Exhibit “B” is located in the HDP 89-24 file in the Planning Department.
A Hillside Development Permit shall be required prior to issuance of a building permit for the primary dwelling unit or any accessory structures on Parcels 2 and 3, as shown on Exhibit “B”, dated May 24, 1991. The permit shall address issues such as slope setbacks, roof slope, bulk, height, scale, and materials of buildings, and compliance with the Hillside Design Guidelines.
HDP 8924/MS 818 - BLUMENSHINE
MAY 24, 1991
PAGE 3
7. Prior to approval of a final map, the applicant shall receive approval of a Coastal Development Petit from the California Coastal Commission. ’
8. Prior to approval of a final map, the applicant shall establish open space easements
over the newly created north facing fill slopes, and the remaining undeveloped areas
of the project site. This does not include the level graded pad areas or the
manufactured fill and cut slopes in between the level building pads.
9. Prior to issuance of a grading permit, the applicant shall comply with all the
recommendations and requirements of the geotechnical investigation prepared by
Ron Gutier and Erik J. Nelson on February 17, 1989 and listed as follows:
a. Uncompacted fill soils located in areas effecting proposed development shall
be completely removed down to competent bedrock. Any replacement fill
should consist of uniformly compacted structural fill.
b. Any fill material placed on the face and/or toe of slopes shall be properly benched and keyed into competent bedrock.
C. All benching and keys shall be observed by a geotechnical engineer or
geologist, prior to fill replacement, and the placing of reinforcing steel or
concrete.
d. All replacement f2l shall be regroomed to a slope ratio consistent with the
recommendations of a licensed geotechnical engineer.
e. Foundations for proposed structures should bear entirely on bedrock or fill,
or if placed over cut/fill transition, the cut portion of the building pad should be excavated to a depth of at least 5 feet below the bottom of footings and replaced with compacted fill and designed for a moderate bearing capacity.
f. Cut and iill slopes shail be planted as soon as possible after construction.
Deep-rooted plants, well adapted to a semi-arid climate should be used to . reduce water consumption and prevent soil erosion.
10. Prior to grading, the applicant shall place a temporary fence around the perimeter, of the proposed grading areas to prevent disturbance of native coastal vegetation
during the grading and construction phase of the project. Prior to issuance of a grading permit, the preservation areas and fence details shall be delineated on the
. HDP 89-24/MS 818 - BLUMENSHINE
MAY 24,199l
PAGE 4
grading plan to the satisfaction of the City Engineer and Planning Director. Grading
encroac-hment beyond the areas designated for grading on Exhibit “B”, dated May
24,,.1991, shall not be permitted. ,’
GEW/JG:vd
HDP8924.mem
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Karen M, Blumenshine DVM P.0. Box 850 Carpintsria, California 93013
(805) 684-8944 l (805) 652-186s
. . . -_
Q 0 (12
City of C&bad Engiatig Department Attn. Rdbert Y I Wojick Principal Civil Engincu
2075 La8 Paimas Dr. July 2,1991
Csrisbad, CaIif. 92OOPL519
RE: REQt.YW FylR REVIEW OF C0NDMTONS FOR F’RrXCJSED MlNOR SU3DIVJSX0N NO, 818
Iks.r Mr. Wojick:
I would like to request the rcvicw of the engineering dcpartmcot of the foiiowing three issues which att of eonccm in fhc pnfiminary conditions af tent&c pa& map no,%l%.
I. ;Pfannia& dcp&ept memo., item 10, “Grading cncroachmurt &ond the arcs designated For @ing on Elcibii “B”‘, dated May 24,1991, &ail not be permitted.” Then: will need to be a iargc SM&I~ arm for tht qu6ulity al earth required to be removed and rccompsctcd in order to stsbii the nxomtructcd skmn drain, Thsc is a flat ma at the baser of the &ting storm drain which is devoid at native vegetation, whieb would be the most envimnmeot~ safe site to stage this es&. I have spoken to Mr, Jeff G&on and Mr. Yim Murray and tbcy bavc assurccd tnt that thcrc could bc some fiexibily in the pIpcement of the protective fume subject to Pianning’s site inspcclion of the arcs bcfort irieusnct of the !Y;rsding hit. I au rcqucsting a modification item #HO to refiect this.
II. Engineering condition # 10. The rrpplicant vbsll pay p&in lieu fees to the City m D as required by Chapter 20.44 of the CMC. I request a modification of this condition * 1 . . . . to “fees shall bc paid by the aplicaat m . . . Q as provided far in CMC 20.44.OSQ (d).
III. F~ginccring conditions #S, # 9, and # 23 requiring both the removed of the existing 24” CMP dorm drain aad rccanstructinpl a new systm and pqmcat of local drainage fees.
A. After miming the current grading proposal, of tbc 3.96 acres involved in the project, roughly M at the acreage wiii drain through ANY fsciiity in soy City Drainage
FCeA#& H. “L’hc past rclpturt of the City’s existing storm ddn has caused cansidemblc dams&c to cry prop&y, The City’s easmcat for tid storm drain only existi for 2/j of the diisltancc of the dtin. C. City Maint&annm has acknowledged the fsilurd al said storm drain and has phdged to rcpairit. D. Other owners in said Drainsgc Arcn would hove been assessed for tti G&&&l& p and now that cost will bc borne by me. R. Ahbough said storm dmin is shown an the City’s Drainage Master Plan, it is in fsilurc and must be rqlaced.
1 feel that it is unfair to rcqucat 8 Drainage Fee in addition to this construction. I the&m mqucd m amendment of the Dmirmge Master Pian to show that facility in need of replacemcat so that I may ox&c ctudit for agreeing to construct the ftility ss pmvidcd for in CMC 20.09.050 : ‘The subdivider shall bc given credit against the amount of drainage fees required by Sec. 20.09.040 ti the amount of the actual construction costs, . ..”
‘Ibsnk you for your condideration in thi rcvicw,
SinccreIy, Recefve
c+T.& IbjgL+%q&' AmL JULO" 199t 3
Kufen hf. Blumcnabinc
CITY OF CARLSBAD
Exhl’b;f 4 DEVELOP, PROC, SERV. Dk
Karen M. Blumenshine DVM
P.O. Box 850 Carpinteria, California 93013
. (805) 684-5934 l (805) 652-1863
1 2 .,, : -.. _.,
1Ms. Lee Rautcnkranz - City Clerk
City of Cadsbad a
1200 Carlsbad Village Dr.
Carisbad, Calif. 92008
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July 22, 1991 1
RE: REQUEST FOR APPEAL TO CITY COUNCIL FOR CONDITIONS OF MINOR SUBDIVISION # 8 18 /
Dear Ms. Rautcnkratz:
I am appealing to the Carlsbad City Council certain Conditions of Approval made by the City Engineer and
Planning Dir&or as applied to the tcntativc map #818. This subdivision proposed to crcatc three parccfs from
two located at the north end of Highland d&c. Hcrc I will address the Engineering conditions # 8, # 9, and
# 23. Thcrc may bc other conditions I wish to protest aftcr rccciving qucstcd information from the Planning
and Engineering dcpartmcnts.
These above three listed Conditions of Approval rquirc the removal of the existing 24” CMP storm drain
g(nhrcconstructing a new, upgraded RCP, dpaymcnt of local drainage fees.
This means that I could bc held for more than $30,000.00 for drainage facilities and fees alone - mcrcly for
the creation of one lot I I
I am thcrcforc seeking rclicf and feel that thcrc are some very special circumstances involving the existing
storm dram proposed for reconstruction and upgrading as well as the applicable Drainage FCC Arca.
Enclosed is my cheek for $470.00 for the appeal fee.
Your consideration in this matter is greatly apprcciatcd.
Sinccrcly,
&md-
Fhxn M. Blumcnshinc
Exhibit 5
.
_-
September 17, 1991
Dear Council IVYembers:
Subsequent to recent meetings with staff and council members, I would like to amend and clarify my requests to modify the following conditionsr
1. Planning condition #81 The current conditioned require- ment for Open Space Easement covers the entire parcel except for the small building pads encompassing 79% of the entire parcel area. This is an onerous condition, I would ask council to amend the requirement Open Space Easement to be outside 25 feet of the building pads instead of to the very edEe of the pads. This would make it so only about 7% of my property is in Open Space instead of ?o$, which seems to be a more fair amount.
2. Engineering condition #81 Open Space is excluded from beinp: counted on the acreage for N.F.D.P. as referenced in your packets. I ask council to exclude my acreage to be dedicated to Cpen Space from the Local Drainage Area Fee.
3. Considering the magnitude of the subdivision, the condition #23~ 0f the St orm Drain is Onerous and Extraordinary, therefore I ask either:
A. Council to amend condition #23A from conditioning the applicant to remove existing C.V.P. and replace it with R.C.P. to simply specifying the construction of some mechanism for drainage of storm waters from Highland Drive which would be acceptable to engineering staff, This way we may have leaway to propose a less onerous but acceptable solution. Or if council wants to keep that condition, as is1
E. T would ask council to pay for that portion of the replacement cost of the C.N.P. that they would be spending to repair their own ruptured drain, as out- lined in staff's second option in the agenda bill, This would be an estimated $20,000. value, but if it were paid by us and reimbursed by development fee credits, it would have a negligible fiscal impact on the City.
Thank you for hearing our plea.
Sincerely,
-
PROPOSED
REVISED CONDITION
FOR
MINOR SUBDIVISION 818
23 A. The removal and replacement of the existing 24” CMP
to the satisfaction of the City Engineer.
- ._-I .
Karen M. Blumenshine DVM
P.O. Box 850 ./ Carpinteria. California 93013 \
(805) 534-5944 . (805) 552-1853
- .
1200 ELM AVENUE
CARLSBAD, CALIFORNIA 92008
Office of fhe Cify Clerk
DATE: July 25, 1991
TELEPHONE
(619) 434-2808
TO: City Engineer c: Jim Murray, Eng. Dept.
FROM: Assistant City Clerk
RE: Minor Subdivision No. 818 - Blumenshine
THE ABOVE ITEM HAS BEEN APPEALED TO THE CITY COUNCIL.
According to the Municipal Code, appeals must be heard by the City Council
within 30 days of the date that the appeal was filed. (REMINDER: The item
will not be noticed in the newspaper until the agenda bill is signed off by
all parties.)
Please process this item in accordance with the procedures contained in the
Agenda Bill Preparation Manual. If you have any questions, please call.
----------------------------------------------------------------------------
The appeal of the above matter should be scheduled for the City Council
Meeting of .
Signature Date
- c * CITY OF CARLSBAD .
)- + 1200 CARLSBAD VILLAGE DRIVE CARLSBAD; CALIFORNIA 92008 c 438-5621
.
REC’D FROM +&b,e~~h\ nL?
ACCOUNT NO. DESCRIPTION AMOUNT
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RECEIPT NO. 8088 I I
TOTAL I : <I, -p;\ y-
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Karen M. Blumenshine DVM P-0. Box 850 Carpinteria, California 93013
. (805) 684-5944 l (805) 652-1863
Ms. Lee Rautulkranz - city Clerk CitydCarlsbad 1200CWMWiViiCDr. Carlshad, Calif. 92008
July 22,199l
RE: REQUEST FOR APPEAL. To CITY COUNCIL FOR CONDITIONS OF MINOR SUBDMSION # 818
I am appding to the Carl&ad Cii Council certain Conditions of Approwd made by the City Engineer and
Planning Director as applied to the tentative map #818. This subdivision proposed to create three parcels from
twu lucatcd at the north end of Higidand drive. Here I wiI1 address the Engineering conditions # 8, # 9, and
# 23. Thcrc may be other conditiona I wish to protest after rweiving requested information from the planning
Thcsc alxm three listed Conditiona of Approwd squire the removal of the existing 24” CMP storm drain
padreconstructing a new, upgpxkxi RCF’, p(88paymcnt of local drainage fees.
This means that I could be held for more than $30,000.00 for drainage facilities and fees alone - merely for
thccrcationofonclet! I
I am thcdom seeking relief and feel that there are some vq special circumstances invoh&g the existing
storm drain proposed for reconstruction and upgrading as well as the applicable Drainage Fee Area,
Enclosed is my check for $470.00 for the appeal fee.
Your consideration in this matter ia greatly appreciated.
“;yiiizzimL
Karen M. Blumenshiae
NOTICE OF PUBLIC HEARING
APPEAL
MINOR SUBDIVISION NO. 818
NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad will hold a public hearing at the City Council Chambers, 1200 Carlsbad Village Drive (formerly Elm Avenue), Carlsbad, California, at 6:00 p.m., on Tuesday, September 17, 1991, to consider an appeal of conditions of approval for Minor Subdivision No. 818. The Tentative Parcel Map on property generally located at the north end of Highland Drive, north of Ratcliff Road, and more particularly described as 2202 Highland Drive, has been approved by the City Engineer. The project will subdivide two residential lots of 128,938 square feet into three residential lots.
APPELLANT: Karen Blumenshine PUBLISH: September 5, 1991 CARLSBAD CITY COUNCIL
LOCATION MAP
‘ROJECT NAME a NO ‘EXHI8IT (ptmu -l?k.PwWIM~ l wM. MS. 818 i
. ,.
4
LOCATION MAP
‘ROJECT NAME
SNEET /cF2
-PWEct m ~WH’BIT
ki+zw f?.m~~~,~~~~~~.’ M.S. Sk3 ! f
. LJCATION MA?
F&&c+ 5;fe T. . . -7_ _-.
PROJECT NAME Karen BIutnenshim 7: I? M- PROJECT NUMBER MS 810
City
July 15, 1991
NOTICE OF APPROVAL, OF TENTATLW PARCEL MAP
MINOR SUBDIVISION NO. 818
Notice is hereby given that a Tentative Parcel Map has been approved on property general-
ly located at the north end of Highland Drive north of Ratcliff Road and more particularly
described as 2202 Highland Drive.
The project involved is described as subdividing 128,938 square feet of two residential lots
into three residential lots.
APPLICANT: Blumenshine, Robert, Dorothy and Karen
STATEMENT OF THE MAl’TF,Rz Per City of Carlsbad Code Section 20.24.140(b) and the
California Subdivision Map Act Section 6645.5(d) any interested person adversely affected
by this decision of the City Engineer may appeal it to the City Council. An appeal to the
City Council must be filed at the City Clerks Office and an appeal fee of $470.00 paid. The
appeal must be filed with the City Clerk in writing within 10 days of the date of the final
approval letter (Attached). If you wish to file an appeal please contact the City Clerks
office in person.
If you have any questions regarding this matter please do not hesitate to contact our office.
J. WOJCIK
Principal Civil Engineer
RJWXZ
c: David Hauser
Attachment
2075 Las Palmas Drive - Carlsbad, California 92009-4859 - (619) 438-l 161
, -
. : 1200 ELM AVENUE
. CARLSBAD, CALIFORNIA 92008
O/lice of fhe City Clerk
DATE: July 25, 1991
J/N’My
Fop/& +39-f/&
TELEPHONE
(6 19) 434-2808
JUL 25 1991
TO: City Engineer
FROM: Assistant City Clerk
c: Jim Murray, Eng. Dept.
RE: Minor Subdivision No. 818 - Blumenshine
THE ABOVE ITEM HAS BEEN APPEALED TO THE CITY COUNCIL.
According to the Municipal Code, appeals must be heard by the City Council
within 30 days of the date that the appeal was filed. (REMINDER: The item
will not be noticed in the newspaper until the agenda bill is signed off by
all parties.)
Please process this item in accordance with the procedures contained in the
Agenda Bill Preparation Manual. If you have any questions, please call.
----------------------------------------------------------------------------
The appeal of the above matter should be scheduled for the City Council
Meeting of . / /
Date
*’ ,* . .
Karen M. Blumenshine DVM
: P-0. Box 850
. Carpinterla, California 93013
. (805) 684-5944 l (805) 652-1863
1Ms. Lee Rautenkranz - City Clerk City of Carlsbad 1200 Carlsbad Village Dr. Carlsbad, Calif. 92008
!‘? ” I,’ ”
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July 22,199i
RE: REQUE.ST FOR APPEAL TO CITY COUNCIL FOR CONDITIONS OF MINOR SUBDMSION # 818
Dear Ms. Rautcnkratz:
I am appealing to the Csrlsbad City Council certain Conditions of Approval made by the City Engineer and
Planning Director as applied to the tentative map #818. This subdivision proposed to create three parctl’s from
two located at the north end of Highland drive. Here I will address the Engineering conditions # 8, # 9, and
# 23. There may be other conditions I wish to protest after receiving requested information from the Planning
and Engineering departments.
These above three listed Conditions of Approval require the removal of the existing 24” CMP storm drain
&reconstructing a new, upgraded RCP, &payment of local drainage fees.
‘Ihis means that I could be held for more than $30,000.00 for drainage facilities and fees alone - merely for
the creation of one lot I I
I am therefore seeking rclicf and feel that there are some very special circumstances involving the existing
storm drain proposed for reconstruction and upgrading as well as the applicable Drainage Fee Area.
Enclosed is my check for $470.00 for the appeal fee.
Your consideration in this matter is greatly appreciated.
Karen hi. Blumenshine
1,;,3,4,5 City of Carl&ad
156-080-18,11,10
154-140-30,29
OWNERSHIP LIST- IR 300' RADIUS MAP FOR BLUMENSHINE
6. 154-140-32
State of California
7. 156-031-12 Angarola, Joseph & Lily 2240 Jefferson Street I?. 0. Box 332
Carlsbad, CA 92008
8. 156-031-11 Call, Clinton & Eleanore 2248 Jefferson Street Carlsbad, CA 92008
9,10,11,12 Siegel, Robert C. 2300 Pio Pica Car&bad, CA 92008
156-031-09, 156-051-18,19,23
13. 156-051-11
Henderson, Alan & Kathqn A.
2305 >Highland Drive Carl&ad, CA 92008
14. 156-051-12
Joseph, Douglas & Suzanne
1905 E Pointe Avenue
Carl&ad, CA 92008
14. 156-051-12
oa.xpnt 2295 Highland Drive Carl&ad, CA 92008
15. 156-051-13
Pate, Alvin &Margaret 2285 Hcqhland Drive Carlsbad, CA 92008
16. 156-051-14
Hogan, Esther-Walker,Eleanor 2275 highland Drive Carl&ad, CA 92008
17. 156-051-15
Ravetz, Virgie 2265 Highland Drive Carl&ad, CA 92008
18. 156-051-16
Gibbs, Jean A. 2255 Highland Drive
Carl&ad, CA 92008
19. 156-270-04
McAndrew,Clayton & 1790 Ratcliff wd Carl&ad, CA 92008
Arnetta
20. 156-270-
Johnson, Kunik 1800 Ratcliff Carlsbad, CA 9;
21. 156-270-06
Mush, Kenneth & ,a 1810 Ratcliff Road Carlsbad, CA 9::' .,8
22. 156-270-07
Baker, William & Aileen 1821 Ratcliff F&ad
Carl&ad, CA 92008
23. 156-270-17 Wickland, Jams 6, Cecil 1812 Guevarra Road Carlsbad, CA 92008
24. 156-270-18 Martinez,Mark & Linda 1814 Guevarra Road Carl&ad, CA 92008
25. 156-270-16 l%xmo, Mary-Moreno, Rudy 1810 Guevarra Road Carl&ad, CA 92008
26. 156-270-15 Hannermn, Phillip-Hanneman,Carol 1800 Gucvarra Road Carl&ad, CA 92008
#6545 Brian Smith Engineers, Inc.
2656 State Street Car&bad, CA 92008
27. 156-270-14
DB Partners 814 Windcrest Drive Car&bad, CA 92008
28. 156-270-13
Cochran,Hugh & Betty 1788 Guevara Road Carlsbad, CA 92008
29. 156-270-12 .
Slaughter, Quentin & Leone 7j4 Avalon Drive sta, CA 92083
156-270-12
Pnt Guevara RDad 'jbad, CA 92008
30. 156-270-11
Wickham,Charles & Silvana 1789 Ratcliff F&ad Carl&ad, CA 92008
31. 156-270-10
Breen, Harvey & Steva 1799 Ratcliff.Road Carl&ad, CA 92008
32. 156-270-09 Hunter, Kim c/o The Lefferdink Co. 543 minitas Blvd. #ill Encinitas, CA 92024
32. 156-270-09 occupant 1801 Ratcliff Road Carl&ad, CA 92008
33. 156-270-08 Stevens, Donna 1811 Ratcliff Road Carl&ad, CA 92008
Applicant
Karen Blumnshine P. 0. Box 850
Carpinteria, CA 93013
Carlsbad Journal
Decreed A Legal Newspaper by the Superior Court of San Diego County
Mail all correspondence regarding public notice advertising to
W.C.C.N. Inc. P.O. Box 230878, Encinitas, CA 92023-0878 (619) 753-6543
Proof of Publication
STATE OF CALIFORNIA, ss.
COUNTY OF SAN DIEGO,
I am a citizen of the United States and a resident of the county aforesaid;
I am over the age of eighteen years, and not a party to or interested in the above entitled matter.
I am principal clerk of the printer of the Carlsbad Journal, a newspaper of general circulation,
published weekly in the City of Carlsbad, County of San Diego, State of California, and which newspaper
is published for the dissemination of loca1 news and intelIigence of a genera1 character, and which
newspaper at all times herein mentioned had and still has a bona fide subscription list of paying
subscribers, and whichnewspaper has been established, printed and published atregularintervals in the
said City of Oceanside, County of San Diego, State of California, for a period exceeding one r
” NGTICEOF
year next
emdttlon9 of .ppmval ft.; Yinor
PUBLIC HEARING sllMlvhl0. NO. sm The Tentauve preceding the date of publication of the
APPEAL fareel mp on pm- genenay Lout4 .t the @altb emI Of mgb. notice hereinafter referred to; and that the :’ *OR *WDNISlOls NO. 8111 . . hrd Drh. r.OM Of Iiatcliff Road. ~dmorep.rtle”hrw*erribedsl notice of which the annexed is a printed ~~~~S-YavENthd +JbCl~~r.caoltbcC*~of~r,* pm Aigbhrd Drive. baa baa” ap bad til bold. pvtllic hearing .t Pm-d r the cibl Engineer. The copy, has been published in each regular
the a* conn~*l Ch.rnbe”, *am Dnofeet will l”bd*vide two redden- CadSbad “‘“Dse’Drise mrm*rw a., ti 01 m.s%g WqYLTr feet ,& and entire issue of said newspaper and not
ha A--M, carthad C**fom**. three r&den”* ,*
*wlmpm.,wTuudv*sept~u,be~ APpeaut Karen B,“menshiae in any supplement thereof on the follow-
rL.loDL 0 conhler .m appml 01 cAmsB*D CITY COuN”l ing dates, to-wit:
LOCATION MAP
September 05 19 91
19-
I certify under penalty of perjury that the
foregoing is true and correct. Executed at
Carlsbad, County of San Diego, State of
California on the 5th
day of September, 1991
, Clerk of the Printer