HomeMy WebLinkAbout1994-10-04; City Council; 12894; Alder Estates Appeal To City Council“‘-TY OF CARLSBAD - AG-IDA BILL cJ9
\B # /Sj 857 TITLE:
dTG. 1 o/04/94
IEPT. ENG
MINOR SUBDIVISION 93-02
ALDERESTATES
APPEAL TO THE CITY COUNCIL
IECOMMENDED ACTION:
Deny the applicants appeal and uphold the City Engineers approval of MS 93-02, Alder
Estates and direct the City Attorney to prepare final approval documents and findings.
ITEM EXPLANATION:
This item is an appeal of the City Engineer’s decision approving Minor Subdivision (MS)
No. 93-02 (Alder Estates) with conditions. The appellant is Rod Bradley, who is
representing the subdivider of the property, Gayla Erickson.
Alder Estates is a proposed 3 Lot Minor Subdivision on 2.26 acres located at the eastern
terminus of Alder Avenue in the northwest quadrant of the City. The property currently has
one existing dwelling unit which the applicant plans tc relocate onto one of the newly
subdivided parcels.
Minor Subdivision No. 93-02 is the final action in a series of approvals required to
subdivide and develop the subject property. On June 15, 1994, the Planning Commission
approved a Negative Declaration, Hillside Development Permit No. 93-03 and Special Use
Permit No. 93-01. The Special Use Permit is required due to frontage on the El Camino
Real Scenic Corridor. All of these approvals were subject to the conditions established for
MS 93-02.
In addition to the above actions approved by the Planning Commission, the Planning
Director on June 16, 1994 issued Administrative Variance (AV) No. 94-02, which allowed
substandard panhandle access to all three lots from Alder Avenue. As shown on Exhibit 2,,
the project has 55 feet of frontage on Alder Avenue and 334 feet of frontage on El Camino
Real. Due to steep topography and the constraints of the Hillside Ordinance, access to
the parcels from El Camino Real would be environmentally sensitive and costly to develop.
Administrative Variance No. 94-02 allows for reduced width panhandle driveways accessing
all three parcels from Alder Avenue. Denial of AV 94-02 would preclude subdivision of the
property or require the subdivision to access El Camino Real directly similar to adjacent
abutting properties.
As a condition of approval for MS 93-02, the applicant is required to physically improve the
AlderAvenuefrontage, dedicate rights-of-way and temporary construction easements along
El Camino Real, and make payment in-lieu of improvements to the El Camino Real
frontage. The appellant objects to the condition requiring in-lieu payment for the future
improvement of the El Camino Real frontage. The appellant believes this requirement is
excessive and has no nexus to the proposed subdivision.
City ordinances, standards, and State law all recognize the obligation of fronting properties
to provide fronting improvements in conformance with the Circulation Element of the
General Plan. It is only through action of Administrative Variance 94-02 that the appellant
is allowed to develop two additional parcels without access to El Camino Real. These
parcels, although taking direct access to Alder Avenue, will create additional traffic which
will utilize El Camino Real on a frequent basis.
f
-
Page 2 of Agenda Bill No. 12: 874
Staff does not agree with the appellant’s assertion that the improvement requirement for
the El Camino Real frontage is excessive. The City’s requirement to improve El Camino
Real is limited to the provision of one additional travel lane, curb, gutter, sidewalk, street
lights, partial extension of a storm drain and grading work needed to install these
improvements. The total length of the El Camino Real frontage is 334 feet, which averages
just over 110 feet per parcel. It is quite common for hillside lots, such as those located in
La Costa or along Adams Street adjacent to the Agua Hedionda Lagoon, to have frontages
that exceed 100 feet per lot. Previous subdivision approvals north and south of the subject
property have similar frontages and improvement requirements.
The limited frontage on Alder Avenue is highly unusual and only allowed with a variance.
Nearly any subdivision with lot sizes varying from l/2 to 1 acre would involve frontage
improvements similar to those required for this project. Staff estimates that the cost of
improving El Camino Real would be in the range of $45,000 to $75,000, depending on the
ultimate grading required to install the street improvements. This cost equates to $15,000
to $25,000 per lot. The final amount will be determined based on evaluation of the
steepness of allowable slopes which impacts the amount of grading required for the
project, This cost is in the normal ranges for lots of this size. Any unusual costs
associated with the d8VelOpment of this property is due to its hillside nature.
Allowing the applicant to make payment for the improvements at this time requires the City
to incur any risks associated with the actual construction of the improvements.
Construction by the City creates economies of scale which will reduce construction costs
far below that which could be accomplished by the developer.
It should be noted that staff has attempted to work with the developer to reduce costs by
the maximum amount possible. The conditions allow further refinement of estimates which
will include applicable traffic impact and drainage fee credits.
Riaht-of-Wav Dedication
The project is required to dedicate an 18-foot strip of right-of-way along the frontage of
El Camino Real which equates to approximately 0.14 acres, or less than 10% of the entire
property. In addition, a temporary construction easement is required to allow for slope
grading and landscaping related to the ultimate road construction. This easement is
temporary in nature, and would revert to the property owner upon completion of the
roadway construction. It should be noted that the steepness of the slopes would preclude
development of these areas under the approved Hillside D8V8lOpment Permit.
Conclusion
In summary, staff feels that the condition conform to State law and City ordinances, relate
reasonably to the impacts created by the development, and should be upheld by the City
Council.
FISCAL IMPACT:
Page 3 of Agenda Bill No. wy
FISCAL IMPACT:
Requiring developers to construct or pay for the construction of adjacent public
improvements as a condition of development reduces the need for the City to install street
improvements through other funding sources. If City Council were to uphold this appeal,
the cost of these frontage improvements would need to be absorbed by the Traffic Impact
Fee program or otherwise be COnStnEt8d with general City revenues. It should be noted,
however, that the Traffic Impact Fee program assumed that a majoriiy of the roadway costs
within the City would be financed by adjacent development obligations. A policy shift in
this regard will require a major reevaluation of the Traffic Impact Fee program.
EXHIBITS:
1. Location Map.
2. Site Plan.
3. MS 93-02 Approval Letter, dated 7/26/94.
Preliminary Letter of Approval, dated 6/20/94.
Planning Memo, dated 6/l 6/94.
4. Applicant‘s Appeal Letter, dated 8/l/94.
LOCATION
CITY OF LNCINITA
PPROPOSED ROJECT: MS 93-02
ALDER ESTATES I EXHIBIT:
1
Y
SITE PLAN
LEG&V0 : PAOJCCCT eouua+rpy PAD uLbVAr/o# --c-r* oL)YLlrc L/Al6 ‘, ._.. .._ --z,c...-&-- ex/srAm m7awi.F PRQprxub CoArwdv mctsnffi - oa4-v --- -0 -w/u [W?g pRonosE - w &9sLMBM
PROPOSED PROJECT: MS 93-02 EXHIBIT:
ALDER ESTATES 2
EXHIBIT 3
c Sheet 1 of 10
July 26,1994
Mr. Rod Bradley
BHA, Inc. 5115 Avenida Encinas, Suite L Carlsbad CA 920064387
PROPOSED MINOR SUBDIVISION NO. 93-02
Whereas a review of the preliminary decision was requested by the appropriate date; and whereas a review was held on July 6 and July 21, 1994 and whereas the requirements of the California Environmental Quality Act and the City of Carlsbad Environmental Protection Ordinance
of 1973 as amended, 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 preliminary approval letter except as stated below:
Sfandafd Enuineefinu Condnion Rewfsions:
12. The owner shall dedicate an easement for a 10 foot public storm draln, as shown on the tentative parcel map. The easement shall be shown on the Parcel Map, and, the offer to
dedicate said easement shall be made by a Certificate on the Parcel Map. All land so
offered shall be granted to the City free and clear of all liens and encumbrances and without cost to the City.
Special Enuineerinu Condifion Revisions:
3. Prior to parcel map approval, an easement for slope rights shall be granted to the City
and recorded on Lots 1, 2 and 3 along the El Camino Real project frontage. The limits of this easement shall extend from the public right of way to include all grading areas necessary to construct the future El Camino Real frontage improvements to the
satisfaction of the City Engineer. The easement shall be shown on the Parcel Map, and, the offer to dedicate said easement shall be made by a Certificate on the Parcel Map.
\ , ,-’ \ \
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2075 Las Palmas Dr. - Carlsbad, CA 92009-1576 - (619) 438-11610 FAX (619) 438-0894 4B
EXHIBIT 3
Sheet 2 of 10
PROPOSED MINOR SUBDIVISION NO. 93-02; July 25,1994
Page: 2
5. Prior to parcel map approval, a cash payment for the future construction of El Camino Real (ECR) to prime arterial standards, along the project frontage, shall be made to the
City. This cash payment shall be in accordance with a cost estimate, signed by a
Registered Civil Engineer, which shall also be submitted to and approved by the City Engineer. The El Camino Real frontage improvements shall consist of the following:
0 Concrete curb, gutter and sidewalk
0 Additional travel lane (including the bicycle lane) with standard
striping/delineation
0 Streetlight standards
a Storm drain (East/West connection to the centerline of ECR)
a Slope grading (1.31 slope, pending slope stability documentation from a
Registered Geotechnical/Soils Engineer.
+ tf slope stability inadequacies are determined by the City Engineer to exist for this site, then a standard 2:l slope with a retaining wall (crib wall) must be utilized for
El Camino Real widening and improvement cost estimate purposes.
The applicant may request an appeal of the preliminary decision to the City Council in writing and
pay the filing fee to the City Clerk within ten (10) days of the date of this letter. Upon such written request and payment of the filing fee the City Clerk shall schedule the appeal of the decision with the City Council.
-ye+
ROBERT J. WOJCIK
Principal Civil Engineer
RJVV:mjs
C. Ms. Gayla Erickson
Assistant Planner - Anne Hysong
Attachment
EXHIBIT 3
Sheet 3 of 10
June 20, 1994
Mr. Rod Bradley BHA, Inc.
5 1 15 Avenida Encinas, Suite L
Carlsbad CA 92008-4387
PROPOSED MINOR SUBDIVISION NO. 93-02
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. The parcel map shall comply with the Planning Department memorandum for Minor Subdivision No. 93-02, dated May 9, 1994 (Attached Hereto).
2. The tentative parcsl map approval shall expire twenty-four (24) months from the date of the letter containing the final decision for tentative parcel map approval.
3. The applicant shall provide the City with the approved tentative parcel map. The map
shall be to scale on a reproducible. 24” x 36” Xerox or photo mylar. The tentative
parcel map shall reflect the conditions of approval by the City. The reproducible shall
be submitted to the City Engineer, reviewed and signed by the City’s project engineer
and project planner prior to submittal of,the building plans, final map, improvement or
grading plans, whichever occurs first.
4. The applicant shall defend, indemnify and hold harmless the City and its agents, officers, and employees from any claim, action or proceeding against the City or its
agents, officers, or employees to attack, set aside, void or null an approval of the City, the Planning Commission or City Engineer which has been-brought against the City within the time period provided for by Section 66499.37 of the Subdivision Map Act.
5. Prior to parcel msp approval the applicant shall pay all current fees and’ deposits
required.
6. 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.
7. The applicant shall pay the recording fees for all agreements, easements and documents required for this project prior to the approval of the parcel map.
2075 Las Palmas Dr. - Carlsbad, CA 92009-1576 l (619) 436-11610 FAX (619) 436-0894 @
EXHIBIT 3
Sheet 4 of 10
Minor Subdivision 93-02
Page: 2
8.
9.
10.
11.
12. Prior to parcel map approval, the owner shall grant a covenant of easement for a 10 foot public storm drain easement as shown on the tentative parcel map. The covenant
of easement shall be shown and recording information called out on the parcel map.
13. Direct access rights for all lots abutting .El Camino Real shall be waived on the parcel map.
14. The applicant shall comply with all the rules, regulations and design requirements of the respective sewer and water agencies regarding services to the project.
15. The applicant shall be responsible for coordination with S.D.G.&E., Pacific Bell Telephone, and Cable TV authorities.
16. Ail concrete terrace drains shall be maintained by the individual property owner.
The project is approved under the express condition the applicant pay the additional
public facilities fee prior to parcel map approval in accordance with City Council
Resolution No. 9 169 adopted July 2, 1991 and as amended from time to time. The
applicant further agrees to pay any development fees established by the City Council pursuant to Chapter 21.90 of the Carlsbad Municipal Code. The applicant’s written
agreement to pay said fees is on file with the office of the City Clerk and is
incorporated herein 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.
Prior to approval of any grading or building permits for this project, the owner shall give written consent to the annexation of the area shown within the boundaries of the site plan into the existing City of Carlsbad Street Lighting and Landscaping District No. 1 on a form provided by the City.
Plans, specifications and supporting documents for the following improvements shall
be prepared to the satisfaction of the City Engineer. Prior to approval of the parcel map the applicant shall install, or agree to install and secure with appropriate security as provided by law, improvements shown on the tentative parcel map and the
following improvements to City Standards to the satisfaction of the City Engineer:
A. Alder Avenue Frontage improvements:
a Concrete curb, gutter and sidewalk 0 Storm drain inlet
El Camino Real shall be dedicated by the owner along the subdivision frontage based
on a centerline to right-of-way width of 63 feet in conformance with City of Carlsbad
Standards. The offer shall be made by a Certificate on the Parcel Map. All land so
offered shall be granted to the City free and clear of all liens and encumbrances and without cost to the City. Streets that are already public are not required to be
rededicated.
EXHIBIT 3
Sheet 5 of 10
Minor Subdivision 93-02
Page: 3
17.’ Prior to parcel map approval, the owner shall record a deed restriction on the property
which relates to the proposed cross lot drainage shown on the tentative map. The deed restriction document shall be in a form acceptable to the City Engineer and shall:
A.
B.
clearly delineate the limits of the drainage course;
state that the drainage course is to be maintained in perpetuity by the underlying property owner; and
C. that ail future use of the property along the drainage course will not restrict, impede, divert or otherwise alter drainage flows in a manner that will result in damage to the underlying and adjacent properties or the creation of a public
nuisance.
18. Based upon a review of the proposed grading and the grading quantities shown on the
tentative parcel map, a grading permit for this project is required. Prior to parcel map approval, the applicant must submit and receive approval for grading plans in
accordance with City Codes and standards.
19. Prior to hauling dirt or construction materials to or from any proposed construction site within this project, the applicant shall submit to and receive approval from the City
Engineer for the proposed haul route. The applicant shall comply with ail conditions
and requirements the City Engineer may impose with regards to the hauling operation.
20. Prior to approval of the Parcel Map the owner shall pay and/or enter into an
agreement with the City to pay any drainage area fees established as a result
of the Master Drainage Plan update.
SPECIAL CONDITION8
1. Prior to building permit issuance, a Maintenance Agr88ment shall be recorded on Lots 2 and 3 for maintenance responsibilities for the shared driveway access, for Lots 2
and 3.
2. Prior to building permit issuance, a covenant of easement for reciprocal access rights
shall be recorded on Lots 2 and 3 for the shared driveway access. The covenant of
easement shall be shown and recording information called out on the parcel map.
3. Prior to parcel map approval, an easement for slope rights shall be granted to the City
and recorded on Lots 1, 2 and 3 along the El Camino Real project frontage. The limits
of this easement shall extend from the public right of way to include all grading areas
necessary to construct the future El Camino Real frontage improvements. The easement shall be shown and recording information shall be called out on the parcel map.
4. Prior to parcel map approval, a reapportionment -of the established sewer main
reimbursement fee, for the Holly BraeRane Alder Avenue sewer main, as previously approved in accordance with City Council Resolutions 91-l 11 and 93-33, shall be
completed in accordance with a resolution by City Council, for the creation of three (3) lots from one (1) existing lot on the subject property.
EXHIBIT 3 Sheet 6 of 10
Minor Subdivision 93-02
Page: 4
5. Prior to parcel map approval, a cost estimate, signed by a registered civil engineer, and secured agreement which shall include cash payment to the City for the future
construction of El Camino Real to prime arterial standards along the project frontage,
shall be completed. These improvements shall consist of the following:
a Concrete curb, gutter and sidewalk.
a Additional travel lane (including the bicycle lane) with standard
striping/delineation
a Streetlight standards
a Sewer main- (dry line)
0 Storm drain
0 Slope grading
a Retaining wall (crib wail)
1. The entire potable water system, reclaimed water system and sewer system shall be
evaluated in detail to insure that adequate capacity, pressure and flow demand are met.
2. The developer shall be responsible for all fees, deposits and charges which will be
collected at time of the issuance of the building permit. The San Diego County waste
authority capacity charge will be collected at issuance of application for meter
installation. ,’
3. Sequentially, the Developer’s Engineer shall do the following:
A. Meet with the City Fire Marshall and establish the fire protection requirements.
8. Prepare a colored reclaimed water use area map and submit to the Planning
Depsrtment for processing and approval.
C. Schedule a meeting with the District Engineer for review, comment and approval of the preliminary system layout usage G.P.M. - E.D.U.) plan for potable, reclaimed and sewer systems prior to the preparation of improvement plans.
Minor Subdivision 93-02 Page: 5
HALIBRARYWNOiWPDATAULTR
EXHIBIT 3 Sheet 7 of 10
4. This project is approved upon the expressed condition that buitding permits will not be
issued for development of the subject property unless the water district serving the development determines that adequate water service and sewer facilities are available
at the time of application for such water service and sewer permits will continue to be
available until time of occupancy. This note shall be placed on the final map.
The applicant may request a review of the preliminary decision with the City Engineer in
writing within ten (101 days of the date of this letter. Upon such written request the City Engineer shall arrange a time and place with the applicant for such review.
ROBERT J. WOJCIK Principal Civil Engineer
RJW:rz
EXHIBIT 3
Sheet 8 of 10
JUNE 16,1994
TO: MIKE SHIRE-Y, Assistant Engineer
FROM: ANNE HYSONG, Assistant Planner
!suBJEm MS 93GI/HDP 93-03/SUP 93-01- ALDER ESI-ATES
APPLICANT: BHA, INC.
The Planning Department has completed a review of the application for a three lot minor
subdivision, creating 3 panhandle lot(s) located at 3800 Alder in the R-1-15 zone. After careful cotiideration of the circumstances surrounding this request, the Planning Director
has determined that the Endings required for approving a lot split creating one or more panhandle lots, can be made, and therefore, recommends APPROV& of this request based
on the findings and conditions:
Fin-:
1.
2.
3.
4.
5.
6.
The properties cannot be swed adequately with a public street without panhandle lots due to unfavorable conditions resulting form the lot’s conQu.ration.
Subdivision with panhandle lots will not preclude or adversely affect the ability to
provide full public street access to other properties within the same block.
The proposed subdivision is consistent with all elements of the City’s General Plan, including the land use element which designates this site for RLM density residential development at 3.2 du/acre.
The Planning Director has determined that based on the EIA Part II initial study and field review conducted by staff, no signiticant environmental impacts will result from this project, therefore, a Negative Declaration was issued for this project on
March 9,1994.
The project is consistent with aU City public facility policies and ordinances, and with Title 21 of the City’s Municipal Code.
Prior to future -ding to widen the roadway, additional M review shall be conducted and any lleesmy mitigation &all be iIlcqomtd into the roadway
design.
EXHIBIT 3
Sheet 9 of 10
Mike Shirey, Assistant Engineer June 16,1994 Pane 2
Conditi~:
1.
2.
3.
4.
5.
6.
7.
a.
9.
1Q.
Approval of MS 93-02 is subject to approval of HDP 93-03 and SUP 93-01 by the Planning Commission and AV 94-02 by the Planning Director. Approval is granted
for MS-93-02 as shown on Exhibits “A” - “F, dated June 15,1994, incorporated by reference and on file in the Planning Department. Development shall occur substantially as shown unless otherwise noted in these conditions.
MS 93-02 is subject to all conditions imposed by Planning Commission Resolutions 3670 and 3671, approving SUP 93-03 and HDP 93-03.
The panhandle lots shall each have three non-tandem parking spaces with an
approach not less than twenty-four feet in length with a proper turnaround area to
permit complete turnaround for a forward access to the street. Said parking and turnaround shall be subject to the approval of the City Engineer.
Stnmures permitted in the access portion of the lots shall be limited to mailboxes,
fences, trash enclosures, landscape containers, and nameplates. Except for mailboxes, the structures shall not be greater than forty-two inches in height if located within twenty feet of the street property line or greater than six feet in
height beyond this point.
Prior to final map approval, the property owners shall enter into an agreement to
hold the City or any other public se&e agency harmless from liability for any damage to the driveway when being used to perform a public service subject to Planning Director and City Attorney approval.
All lots shall have a minimum depth of ninety feet.
The buildable portions or the panhandle lots shall be all portions of the lots that
have width of greater than thirty-five feet.
The front yard of lot(s) 1, 2 and 3 are defined as shown on the Tentative Parcel
Map for MS 93-02.
Prior to approval of the final map, the applicant shall receive approval of a Coastal
Development Permit issued by the California Coastal Commission that substantially conforms to this approval. If the approval is substantially difkent, an amendment to MS 93-02 shall be required.
Prior to issuance of building permits for Lots 2 and 3, a Hillside Development Permit
shall be. approved ensuring compliance with the Hillside Development Ordinance architectural standards. Future sttuctures shall be constructed with exterior materials and colon that blend with the hillside landscape, and rooflines that vary in height and are parallel with natural and manufactured slopes.
EXHIBIT 3
Sheet 10 of 10
Mike Shirey, Assistant Engineer
June 16,1994 Pane 3
11. Prior to the issuance of building permits the applicant shall pay to the city an inclusionary housing in-lieu fee as an individual fee on a per market dwelling unit basis.
12. The applicant shall provide school fees to mitigate conditions of overcrowding as part of building permit application. These fees shall be based on the fee schedule in effect at the time of building permit application.
13.
14.
1s.
.16.
17.
18.
Additional on-site public water mains and !Tre hydrants are required.
Applicant shall submit a site plan to the Fire Department for approval, which depicts location of required, proposed and existing public water mains and Ere hydrants. The plan should include off-site fire hydrants within 200 feet of the project.
Applicant shall submit a site plan depicting emergency access routes, driveways and traffic circulation for Fire Department approval.
An all weather, unobstructed access road suitable for emergency service vehicles
shall be provided and maintained during construction. When in the opinion of the
Fire Chief, the access road has become unserviceable due to inclement weather or other reasons, he may, in the interest of public safety, require that construction operations cease until the condition is corrected.
All required water mains, fire hydrants and appurtenances shal! be operational before combustible building materials are located on the construction site.
Provide a Fire Hydrant at the intersection of Driveway easement and Alder Drive.
Minimum Fireflow requirement is 1000 gallons per minute.
Assi@Ilt Planning
GEWdi:I
Director
c: Gary.Wayne Bob Wojcik Bobbie Hod& Project Engineer File Copy Data Entry
EXHIBIT 4
. -: bk A. Inc.
land planning, civil engineering, surveying ROD BRADLEY, Urban Planner
RONALD L. HOLLOWAY, Cm/ Engrneer
August 1,1994
W.O. 400-0555-400
Mr. Robert J. Wojcik
Principal Engineer
Engineering Department
CITY OF CARLSBAD
2075 Las Palmas Drive
Carlsbad, CA 920091576
REZ PROPOSED MINOR SUBDMSION NO. 93-02
Dear Mr. Wojcik:
Pursuant to your letter dated July 25th, our client has asked us to forward this letter of request.
This letter will serve as our formal request to appeal the preliminary condition for a cash payment for the
El Camino Real improvements. As you are ware, our clients feel that this requirement is excessive and that
there is no nexus to support the request.
We have enclosed a check in the amount of $490.00 with the necessary Appeal Form.
Please schedule us for the next available City Council Meeting.
Thank you for your help in this matter. If you should have any questions, please call me.
Sincerely,
BHA, INC.
RB:pjh
CC: Gayla Erickson
James Bottomley
Enclosure (a:conditions.h3)
5115 Avenida Encinas, Suite L o Carlsbad, California 92008-4387 o (619) 931-8700 3 FAX (619) 931-7780
land planning, civil engineering, surveying
ROD BRADLEY, Urban Planner
RONALD L. HOLLOWAY, Civil Engineer
October 4, 1994
W.O. 400-0555-400
Ms. Lee Rautenkranz
City Clerk
CITY OF CARLSBAD
Carlsbad, CA 92008
1200 Carlsbad Village Drive
RE: MS 93-02 - APPEAL TO CITY COUNCIL
Dear Ms. Rautenkranz:
ongoing communications with the City Engineer.
On behalf of our client, Ms. Gayla Erickson, we are withdrawing the above referenced appeal based upon
We are also requesting a refund of our appeal fee of $490.00.
Thank you for your help in this matter.
Sincerely,
BHA, INC
" " - ""
RB:pjh
cc: Gayla Erickson
Steve Wilder
Lloyd Hubbs - City Engineer
(a:appeal02.ltr)
5115 Avenida Encinas, Suite L 0 Carlsbad, California 92008-4387 o (619) 931-8700 o FAX (619) 931-7780
L
REQUEST FOR REFUND
CITY OF CARLSBAD -
. Account No. 001-810-0000-8839 Vendor No.
- Amount of Refund $490 ' Fee Paid For: Appeal 'Fee
Date Fee Paid: 8/21 94 Fee Paid By: Gayla Jean Erickson
Facts Supporting Request: The appeal of Minor Subdivision 93-2 (Alder Estates) was
withdrawn and the City Council approved the refund of the appeal fee at their meeting
of October 4, 1994.
N~~~ of ~~~li~~~t: Gayla Jean Erickson
Address: 3800 Alder Ave., Carlsbad, CA 92008 434-1812
Street City State Zip Telephone
Signature of Applicant: - Lsc~y(U~;c.) Date /O-s-?Y
Dept. Justification: p
Rec: -LQ
-
E3 Approve fl Disapprove I ol-r/9Q ' Date
Finance Investigation: Rec: fl Approve fl Disapprove Dept. Head Signature Date
/City Manager's Action: I
0 Approve 0 Disapprove City Manager Signature Date
c
CITY OF CARLSBAD
1200 CARLSBAD VILLAGE DRIVE CARLSBAD, CALIFORNIA 92008
A
434-2867
ACCOUNT NO. I DESCRIPTION 1 AMOUNT
NOT VALID UNLESS VALIDATED BY TOTAL I
CASH REGISTER
PROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF' CALIFORNIA
County of San Diego
I am a citizen of the United States and a resident of the County aforesaid: I am over the age of eighteen years,
and not a party to or interested in the above-entitled
matter. I am the principal clerk of the printer of
Blade-Citizen
published daily in the City of Oceanside and qualified for
a newspaper of general circulation, printed and
the City of Oceanside and the North County Judicial district with substantial circulation in Bonsall, Fallbrook,
Leucadia, Encinitas, Cardiff, Vista and Carlsbad, County
of San Diego, and which newspaper has been adjudged
a newspaper of general circulation by the Superior
under the date of June 30. 1989, case number 171349;
Court of the County of San Diego. State of California.
that the notice, of which the annexed is a printed copy
published in each regular and entire issue of said (Set in type not smaller than nonpareil), has been
newspaper and not in any supplement thereof on the following dates, to-wit:
Sept. 22, 1994
foregoing is true and correct. 1 certify (Or declare) under penalty of perjury that the
of
Dated at 0ceanside.California. this *day Sept. 1994
Signature
BLADE-CITIZEN
1722 South Hill Street Legal Advertising
P.O. Box 90
Oceanside, CA 92054
(619) 433-7333
This space is for the County Clerk's Filing Stamp
~
Proof of Publication of
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! .!
ALDER ESTATES
!
Public Notice
UOTlCE IS HEREBY GIVEN that the City Council of the Cjty of Carlsbad
Nil1 hold a public hearing at the City Council Chambers. 1200
klshad Ullage Orive, Carlsbad, California, at 6:00 PM.. on Tuesday. Dcmber 4, 1994. to consider an appeal of a condition of appmval for Minor Subdivision No. 93-2. The project would divide one residential lot into three residential lots, on property generally located on the
C.RS~ side of the Alder Avenue culdesac. and more PartlCularlY
hearing described in this nofce. or In
written correspondence delivered tD the city Of Carlsbad, clty Clerks Office at. or prior to. the public hearing.
APPELLANT: Gayla Jean Erickson CARLSBAO CITY MUNUL
Legal 40485
SeDtember 23, 1994
1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008 (619) 434-2808
TELEPHONE
DATE : August 2, 1994
TO : City Engineer
FROM: Assistant City Clerk
RE : MS 93-2 - ALDER ESTATES
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.
Signature Date
1200 ELM AVENUE
CARLSBAD, CALIFORNIA 92008
Olllco ol flw Clfy Clerk QIitu of @trl~LtuS RECEIVED
DATE : August 2, 1994 AUG 0 2 1994
ENGINEERING DEPARTMENT
TO : City Engineer
FROM: Assistant City Clerk
RE : MS 93-2 - ALDER ESTATES
THE ABOVE ITEM HAS BEEN APPEALED TO THE CITY COUNCIL.
i
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
..
q- ~2-q4
Date
APPEAL FORH
I (We) appeal the following decision of the City Engineer
. to the City Council:
Project Name and Number (or subject of appeal): Alder Estates
Minor Subdivision 93-02
Date of Decision: July 26, 1994
Reason for ~~~~~l: The condition is excessive and there is no nexus
with the proposed minor subdivision.
August 1, 1994
Date
Gayla Jean Erickson
Name (Please Print)
3800 Alder Avenue
Address
Carlsbad, CA 92008-2703
619-434-1812
Telephone Number
1200 Carlsbad Village Drive - Carlsbad, California 92008-1 989 - (619) 434-2808 @
P
land planning, civil engineering, surveying
ROD BRADLEY, Urban Planner
RONALD L. HOLLOWAY, Civil Engineer
August 1,1994
W.O. 400-0555-400
Mr. Robert J. Wojcik
Principal Engineer
Engineering Department
CITY OF CARLSBAD
2075 Las Palmas Drive
Carlsbad, CA 92009-1576
RE. PROPOSED MINOR SUBDMSION NO. 93-02
Dear Mr. Wojcik
Pursuant to your letter dated July Zth, our client has asked us to forward this letter of request.
This letter will serve as OUT formal request to appeal the preliminary condition for a cash payment for the
El Camino Real improvements. As you are ware, our clients feel that this requirement is excessive and that
there is no nexus to support the request.
We have enclosed a check in the amount of $490.00 with the necessary Appeal Form.
Please schedule us for the next available City Council Meeting.
Thank you for your help in this matter. If you should have any questions, please call me.
Sincerely,
BHA, INC.
RBpjh
cc: Gayla Erickson
James Bottomley
Enclosure
(a:conditions.lt3)
5115 Avenida Encinas, Suite L 0 Carlsbad, California 92008-4387 o (619) 931-8700 o FAX (619) 931-7780
NOTICE OF PUBLIC HEARING
APPEAL
MINOR SUBDIVISION NO. 93-2 - ALDER ESTATES
NOTICE IS HEREBY GIVEN that the City Council Of the City Of Carlsbad will hold a public hearing at the City Council Chambers,
on Tuesday, October 4, 1994, to consider an appeal of a condition 1200 Carlsbad Village Drive, Carlsbad, California, at 6:OO P.M:,
divide one residential lot into three residential lots, on of approval for Minor Subdivision No. 93-2. The project would
property generally located on the east side of the Alder Avenue cul-de-sac, and more particularly described as 3800 Alder Avenue.
Mike Shirey of the Engineering Department, at (619) 438-1161,
If you have any questions regarding this matter, please contact
extension 4388.
If you challenge the Minor Subdivision in court, you may be
else at the public hearing described in this notice, or in limited to raising only those issues raised by you or someone
written correspondence delivered to the City of Carlsbad, City Clerk's Office at, or prior to, the public hearing.
APPELLANT: Gayla Jean Erickson PUBLISH: September 23, 1994 CARLSBAD CITY COUNCIL
LOCATION MAP
ALDER ESTATES
Griswold 'WR 1988 Family Tru+
3846 Skyline Rd
Carlsbad CA 92008
Robert & Kathleen Wild
381 5 Alder Ave
Carlsbad CA 92008
Craig & Robin Griswold
3955 Holly Brea Lane
Carlsbad CA 92008
Wieland Family Trust
3906 Skyline Rd
Carlsbad CA 92008
Carol J Doose
3940 Holly Brea Lane
Carlsbad CA 92008
Norman & Tina Venturi
3910 Holly Brea Lane
Carlsbad CA 92008
Robert & Jane Kilian
3950 Holly Brea Lane
Carlsbad CA 92008
Timothy & Shelly Royalty -
4947 Avila Ave
Carlsbad CA 92008
Joseph & Lynn Pallonetti
381 2 Alder Ave
Carlsbad CA 92008
Victor & Monica Avedian
3860 Skyline Rd
Carlsbad CA 92008
Michael & Marta Hall
381 0 Alder Ave
Carlsbad CA 92008
Robert & Barbara Czajkowski
14848 Rancho Real
Del Mar, CA 92014
Otto K Hoernlein
3801 Alder Ave
Carlsbad CA 92008
~~ C~ity of Carlsbad
Carlsbad, California 92008- I989
1200 Carlsbnd Villagc: Dtin!
John & Genevieve Madrid
3805 Alder Ave
Carlsbad CA 92008
Julia A Johnson
3930 Holly Brea Lane
Carlsbad CA 92008
Neil & Vivien Joebchen
3948 Skyline Rd
Carlsbad CA 92008
Victor & Angela Balaker
381 1 Alder Ave
Carlsbad CA 92008
Brunache Maurice & Katharine
3920 Skyline Rd
Carlsbad CA 92008
Kent John & Jacqueline Trs
3920 Holly Brea Lane
Carlsbad CA 92008
Gayla Jean Erickson
Carlsbad, CA 92008
3800 Alder Ave.
"
April 15, 1993
NOTICE OF FILING OF TENTATIVE PARCEL MAP
MINOR SUBDIVISION NO. 93-02
Notice is hereby given that 'a Tentative Parcel Map has been fded on property generally located
on the east side of Alder Avenue cul-de-sac and more particularly described as 3800 Alder
Avenue.
The project involved is described as subdividing one residential lot into three residential lots.
APPLICANT: Gayla Erickson
STATEMENT OF THE MA= This project is a minor subdivision (four units or less),
which by subdivision ordinance, does not require a public hearing. A minor subdivision is
processed by the City staff and must comply with all applicable des, regulations, and zoning.
Each property owner may request, in writing, the opportunity to be heard on the Tentative
Parcel Map. Such written request must be filed with the City Engineer within fifteen (15) days
of this notice. Failure to so file shall be deemed a waiver of your rights with regard to this
matter. Your comments and suggestions are appreciated.
If you have any questions or comments, please do not hesitate to contact Mike Shirey of our
office at 438-1161, extension 4388.
wy-+
ROBERT J. WOJCIK
Principal Civil Engineer
RTw:HE:pg
Attachment
2075 Las Palrnas Drive - Carlsbad, California 92009-1 576 - (61 9) 438-1 * rT @
619 931 7780 P.O1
.
crm COUNCIL
ng a continuance. we would
ow wilh the rcquesl.
Rkkpjh
prefer the meetlng
TOTAL P. 01