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Home My WebLink About1999-07-27; City Council; 15326; Magnolia Gardens” . A 47 @ CITY OF CARLSBAD - AGENDA BILL AB# /i 326 MTG. !/a7/‘ici DEPT. CA TITLE- DENIAL WITHOUT PREJUDICE OF MAGNOLIA DEPT. HD. GARDENS PROJECT (CT 9842hDp 98-22) RECOMMENDED ACTION: That the City Council adopt Resolution No. qqO%? , DENYING without prejudice a Tentative Tract Map (CT 98-12) and a Site Development Plan (SDP 98-22) or, alternatively, grant applicant’s request for reconsideration and place the matter on a subsequent agenda to remand it to staff. On July 6, 1999, the City Council conducted a public hearing and denied without prejudice the Magnolia Gardens project (3-O-2 Mayor Lewis and Council Member Nygaard did not participate). The Council carefully considered the public testimony and evidence that was presented at the hearing including concerns expressed about the volume of traffic including school traffic, and circulation and access problems. The subdivision was presented to the City Council as a result of the special standards for panhandle lots in major subdivisions. The Council was concerned that the concentration of panhandle lots presented access, circulation and traffic problems and was not the best use of the site. The Council could not make the findings that the property cannot be served adequately with a public street without panhandle lots, that the panhandle lots would not adversely affect the ability to provide full public street access and safety services, and encouraged the developer to present a redesigned alternative that provides for better access, fewer panhandle lots and/or wider ingress and egress to adjacent streets and better interior circulation. Attached are the findings supporting denial of the subdivision without prejudice. The Council should satisfy itself that the findings adequately reflect its decision to deny the subdivision without prejudice. Alternatively, in its letter of July 14, 1999 to the Council (copy attached), the applicant has requested reconsideration and presented three alternative development proposals. If the Council wishes to grant the applicant’s request, then it should move for reconsideration and place the item on a future Council agenda so it may be remanded to staff and returned to the Council’s agenda at a future date for further review. FISCAL IMPACT: None; project denied. , Paae 2 of Aaenda Bill 40. Is 3 26 A Since the project was denied without prejudice, no environmental findings are necessary pursuant to Government Code section 21080 and CEQA Guidelines 2 CCR section 15270. EXHIBITS: 1. Resolution No. 994tG 2. Letter from Dennis M. Ferdig, Pacific Scene Financial, dated July 14, 1999. a 3 4 : 4 I: . c ‘; E I I( 13 12 1: 14 1: lf 17 18 19 2c 21 22 23 24 25 26 27 28 RESOLUTION NO. 99-267 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, DENYING WITHOUT PREJUDICE A TENTATIVE TRACT MAP AND SITE DEVELOPMENT PLAN TO SUBDIVIDE 4.93 ACRES INTO 15 LOTS WITH TWO SECOND DWELLING UNITS ON PROPERTY GENERALLY LOCATED NORTH OF MAGNOLIA AVENUE AND WEST OF VALLEY STREET IN LOCAL FACILITIES MANAGEMENT ZONE 11 CASE NOME: MAGNOLIA GARDENS CASE NO.: CT 98-12/SDP 98-22 The City Council of the City of Carlsbad, California, does hereby resolve as follows: wit: WHEREAS, a verified application for a tentative map for certain property to That portion of Tract 245 of Thum Lands, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 1681, filed in the Office of the County Recorder of San Diego County, December 9,1915 has been filed with the City of Carlsbad and referred to the Planning Commission; and WHEREAS, the Planning Commission did on May 19, 1999, hold a duly noticed public hearing as prescribed by law to consider a proposed Mitigated Negative Declaration and Mitigation Monitoring and Repotting Program, Tentative Tract Map, and Site Development Plan to create and develop a 15 lot residential subdivision with two second dwelling units, and adopted Planning Commission Resolutions No. 4548, 4549 and 4550 recommending to the City Council that the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, Tentative Tract Map, and Site Development Plan be approved; and WHEREAS, on July 6, 1999, the City Council of the City of Carlsbad held a duly noticed public hearing as prescribed by law to consider the recommendation and 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 heard all persons interested in or opposed to the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, Tentative Tract Map, and Site Development Plan, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of ~ Carlsbad, California, as follows: 1. That the foregoing recitations are true and correct. 2. The Council finds that the property can be served adequately with a public street without the intensity and density of panhandle lots which are presented in this application. The necessity for panhandle lots does not arise due to unusual topography or surrounding land development. Indeed, surrounding parcels are vacant or undeveloped and approval of this subdivision would forecast their development with panhandle lots. There may be better configurations by combining with adjacent parcels or acquiring interest in adjacent parcels or by reducing the density and intensity of the proposed subdivision. In effect, the site is not physically suitable for the proposed density of development with panhandle lots. 3. The Council further finds that the subdivision with panhandle lots will adversely affect the ability to provide full public street access to other properties within the same block of the subject property and will necessarily require that the adjacent property also be served by panhandle lots. 4. The Council further cannot find that from the evidence submitted on the site plan that all of the requirements of section 21.10.080 will be satisfied and that any panhandle lot may be approved at less than 10,000 square foot lots. 2 I i 9 4 c . c 5 E 5 1C 13 1: 1: 14 15 1C 17 1E 19 20 21 22 23 24 25 26 27 28 C 5. The application is remanded to staff for further processing in light of the comments received at its meeting of July 27, 1999, and to be returned to the City Council at a future public hearing for consideration. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad held on the 27 th day of- , 1999 by the following vote, to wit: AYES:council Members Finnila, Hall & Kulchin NOES: None ABSENT:Council Members L ALETHA L. RA (SEAL) - -hlLCL’ I SkT I I I I II __-__-_-_-_---------_-__-_~ .-- ---- t Qp r CI v Q w - a 9f Yur - Y- x 8 h * F fs ot ff i iL v C 0 - c .-_. -- 1 * l ;;--..,C i e--m : I : I i CD m .m._-. __.- .-..-.---..-. ==I- .._ _ - ._.-_. ._..-k-v. -_.-. ..- , I Y, I# I ‘ I I- I ‘, I, ’ I ,,.f I s I : ,I :if i :I’ i :i’ I if; j :,’ I I : ’ I I I’ ’ I’ : I’ : ,I : ’ 1 ;’ I : ‘: !I !I , !I : I . I - - . . Hii;H I --mm- m -I rr) J i i : I i : : I I -.-. --- .-..... .- - 4. . . . . . _,_._ .._ ..__ .- - __ _ . --s--e-m---m----. _-_ LAND DRIVE -F-- I ‘. II , I y /I - a 5 ‘iALLEY ’ I GREET I I I II ___---_----_-----_-------_-_-__-_1 -. . - -.. -. .-.. . ..-. -. .-..- ..-. .-.. - ..-... 3 -w-w-. E i i c -i I i. j I; I . . 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HiGHLAl;ijj-DRiVE----------IT . 2 _-_-- -- I .’ I’ 1 I I I \ iI 7 July 14,1999 Honorable Mayor Lewis and Members of the City Council City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 Re: Council Hearings of July 6,1999 and July 20,1999 Magnolia Gardens: CT 98-12, SDP 98-22 Honorable Mayor and Members of the City Council: Pacific Scene Financial, LLC (PSF) is applicant for the above referenced project. As we understand it, the Council has directed the City Attorney to prepare a resolution denying our application. Accordingly, we ask that Council remove the substitute resolution from the consent calendar for discussion, and instead take the following actions outlined in this letter. The unusual configuration of the property necessitated some unusual design features. However, all requirements for the proposed design have been met or exceeded. PSF contacted neighboring property owners to see whether it could purchase adjacent land to simplify the design, but has been unsuccessful to date. PSF is once again in contact with the adjacent property owners and is negotiating in good faith We hope to have some resolution within the next two or three weeks. The C&bad Unified School District has offered to meet with us to discuss various possibilities. We understand that a resolution rejecting the project will be brought to the Council on July 20, 1999. PSF respectfully requests that Council: 1. Remove the substitute Resolution from the “Consent Calendar” for discussion. 2. “Rescind, repeal, cancel or otherwise nullity” its July 6, 1999 decision. 3. Provide clear direction for PSF and staff to redesign the layout. 4. Continue the project for 30 days to allow the.applicant to negotiate with landowners and review o’ther possib1c layouts. 5. Order the matter set for another noticed; public hearing after the redesign has been completed. We have enclosed. some possible layouts for your review that would reduce the number of “pan-handle lots” to between three and five instead of seven. Panhandle lots are common in this area of the City; in fact there are four within the same block as this project. However, we would prefer a more standard lot layout. PSF has worked diligently with staff to provide access to adjacent property owners for future development. We have consistently tried to design the project without the need for variances or waivers to design criteria. If a variance for minimum lot depth was allowed, Public Street “A” could be Pacific Scene Financial, LLC 2505 Congress Street, Suite 220 San Diego. California 92110 Tel: 619.299.5112 I Fax: 619.299.1876 8 extended easterly to Valley Street. Unless directed otherwise, PSF will continue to apply the required standards in its redesign efforts. I would be happy to make myself available to tbe Council members or staff to discuss any comments or concerns they may have. I thank you in advance for your cooperation and understanding. Sincerely, Pacific Scene Financial, LLC Dennis M. Ferdig Vice President cc: City Attorney City Manager Michael Holzmiller Don Neu Enclosures (3)