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Home My WebLink About1999-12-14; City Council; 15543; Pacific View Estatesh - CITY OF CARLSBAD -AGENDA BILL AB# /<x%3 TITLE: REQUEST FOR EXEMPTION FROM MTG. 12/l 4/99 MORATORIUM IN “OLDE CARLSBAD” FOR PACIFIC VIEW ESTATES DEVELOPMENT DEPT. PLN CT 96-03 CITY MGR a- RECOMMENDED ACTION: That the City Council hear the request to exempt the project known as Pacific View Estates from the Urgency Ordinance prohibiting the issuance of building and/or grading permits for projects processed under Title 20 or 21 of the Carlsbad Municipal Code and located within the area known as “Olde Carlsbad”. ITEM EXPLANATION: On November 2, 1999, the City Council took action to adopt an urgency ordinance (NS-516) establishing a moratorium on the issuance of grading and/or building permits for all projects processed under Title 20 or 21 of the Carlsbad Municipal Code and located within the area known as “Olde Carlsbad”. The action included a process whereby a project applicant may be granted an exemption from the moratorium if the proposed street improvements associated with the project are compatible with surrounding properties and the area, and the applicant agrees to install the improvements. The property owner for the project identified as Pacific View Estates, CT 96-03 and, as shown on the attached location map, has submitted a written request to be placed on the agenda and address Council regarding exempting the project from the moratorium. EXHIBITS: 1. Location Map 2. Letter request from Property Owner. A - Y ‘ROJECT NAME PACIFIC VIEW ESTATES PROJECT EXHIBIT UNITS 1, 2 & 3 NUMBER CT96-03 2 W BY: SCOTT EVANS, CARLSEIAD ENGINEERING DEPT. . ladwis Desiqn Ocoup, Inc. ew@\T 3 November 4.1999 Mr. Ray Patchctt cily Mmtger City of Carlsbad 1200 Carl&ad Village Drive C&bad, CA 92008 ReT: REQUEST TO PULL A GRADING PERMIT FOR PACrPlC VTEW ESTATES (~96-03/p~D96-03/HDp96-03/sDp96-04) (LADWIG DESIGN GROUP JOB NO. L-1064) Dear Ray At the rcqucst of my client and owner of Pacific View Estates (Concordia Homes), we hereby ask for permission to commence our grading fa this previously approved project- Pacific View Estates ic on Lho north side oTCarlsbad Village Drive on both side 01 the noRhczfy extension of Donna Drive (see attached exhibits). Pacific View Estates has been through the plan check process and is ready to pull grading permits for rhe project. III light of the Council’s r-t decision tie&g &roding and buikIing pnmits in thenorthwest quadran we have been advised by engineering staff that we will need City pamission to commmcc our grading. Based on the above, we a& forspccifio wval to commence the gtad& for this project. I would like to point out that a portion of the development of the projccl imolvcs grading on the Elm Reservoir site. This has all been approvai as part of the tentative map. Thcrc will be tree removal requkxl .to gkovide the inhstxucrurt ray&d in the conditions of approva1. If you have any questions or need exhibits of any kind, Please get touch. AS I indicated, our client is ready to pull the grad& pennit as of Monday, November 8.1999 so a quick response would bc appreciated. Sinccfely, IADYG DESIGN GROUP, MC. Robert C. -Ladwig, R&tat RCLzlb:03 Ehclosures cc: Scott Dickson, Concordia Homes Michicl Sugar, Concordia Homes 703 Polomar Airport Road 6 Suite 300 4 Carlsbad, California 99009 (760) 438-3182 FflX (760) 438-0173 3 Sent By: WILSON ENGINEERING; _ 7604380173; Dee-729 11 :07AM; Page 213 ladwig Design Oraup, Inca December 7, 1999 Marty Orcnyak Director Communily Developmenl City of Carlsbad 2075 Las Palmas Drive Carlsbad, CA 92009 Ref: REQUEST FOR EXJZMPTION FROM MORATORIUM IN “OLDE CARLSE?AD” FOR PACTFIC VIEW ESTATES (CT96-03/PUD96-O3/HDP96-03/SDP96-04) (LADWTG DESIGN GROUP JOB NO. L-1064) Dear Marty: To follow up on our discussion yesterday, there are additional circumstances that we feel justify the Council granting us a waiver to the moratorium ordinance to allow us to grade Paci fit View Estates. These items are as follows: l . . . . . . . . . . . . . The tentative map and all other discretionary permits were approved in late 1997. A final map has hm recorded on Phase 1 of three phases. Bonds and cash dqosits have been posted for Pha~~e 1, A construction loan has been funded and interest is being accrued. The division of real estate has issued a Pink Report which allows the developer to take reservations. The White :Report is expected to be issued by the end of January. City Staff has approved the subslantial confotmmce exhibits for the whole subdivision. The Developer has bid the project and has contractors in place for the development of the project. The project will provide public street access to the City’s Elm Reservoir. The development is compatible with the surrounding area in that there is existing development of similar kind on all four sides of the property. The two new streets that will be constructed will provide public street access to two existing residences adjacent to the propertywhich currently take access from easements from adjacent public streets through the property. This project will contribute to the cost of the traflic signal plan for Donna Drive and Carlsbad Village Drive. The new streeta arc extensions of or adjacent to similar existing streets and arc compatible with existing devel.opment. The grading permit for Phase T was ready to be issued in April of 1999 when the Developer purchased the property. Many small technical errors in the existing recorded map were discovered Her the purchase was made, and the Developer elected to resolve those errors prior to proceeding with the grading, Those errors, due to small discrepancies in the boundary survey, are now corrected and the Phase I grading is ready to proceed. 703 Palomar Airport Rood + Suite 300 + Carisbad, California 98009 (760) 438-318Q FAX (760) 438-O 173 4 Sent By: WILSON ENGINEERING; j * 7604360173; Dee-729 11 :07AM; Page 3/3 Marty Orenyak I j December 7,1999 Page 2 For the above reasons, we feel the project is compatible with the nei&borhood and is ready for development and we urge the staff to recommend to the Council to grant us a waiver to the current moratorium ordinance so that the project can proceed to construction. Sincerely, LADWIG DESIGN GROUP, INC. Robert C. Ladwig, President RCL:lb:O4 Enclosures cc: Lloyd Hubbs Ray Patchett Michael Holzmiller Dee Landers Bob Wojcik Michael Ugar Don Underwood 703 Palomar (lirport Road + Suite 300 4 Carlsbad, California 98009 (760) 438-3182 FAX (760) 438-0173 7604380173; Dee-1299 9:33AM; ,“,;.:: ,. ..’ Page 212 Sent By: WILSON ENGINEERING; i. , I J+J-&r& 6fiJJ 6&d SUmmary of request for ex*arm hm morat&m ordinance NS-5 16 &wL t Backgrou&hupa~ty w&h Or&&e . . . . . . 4 . . . Th m@h mq ad dl other -permits were approved in late 1997. A f’ii I$@ has been mco@ed on Phase 1 of three phases. Baads$dcashdepositghavebeen+stedfor+e I. Tht divi@m of real estate has issued a Pink %+ort which allows the developer to takeqatiollg. . The Whik Rept is expectA to be issued by&e end of January, City St& has apptoved the &&antial conformance exh%its far the whole ml&v&&l. The D~ei&oper has bid the project and has contractors in place fbr the development of the pr+ject. The development is compatibk with the su&unding &in that there is e+ing deyelopnpnt of similar k&d on alI four sidesdf Wpropertr. The new; streets are extensitis of or adjacent to similar existing streets and are cqmpatiie with existing dcwelopment The~~gpermitfbrPhaseIwss~aytobeissuedinAprilof1999whenthe Develop+ purchased the property. Many small tecmcal erron, in the existing recorded j&p were discovcpd after the purchase wti made, and the Developer elected fd resolve those tirs p&r to m with the grading. Thoie errors, due tq s&II discrepancies in the boundary survey, are now corrected and the, Phase 1gKiding~isreadyroproceed. Benefits far city when Project Proceeds j. t . fhe p&&t will provide pubI& str& access to the City’s Elm Rei-ir. . The two I@V streets that will be cons&ucted w+lJ provide public street access to two existing $eaidences adjacent & ,+-he property which GuxreslLffy take access from eammed ikom adjacent public streets through the property. . This pj&t will contribute to the cost of the traffic signal at Donna Drive and Carl&ad pillage Dr&.’ Hardship for+m2lopertiProject Cannot Proceed . A const&tion loan has been f&&d and.i&&t is being accraed. . The proj’& cannot contribute to the trafZ~\signal costs at .Carlsbad Village Drive and DonnaD&e. . Public str@t access win not be provided w two existing adjacent residences. 703 Palonjor Airport Road + Suite 300 + Carlsbod, Collfomla OQ009 (760) 438-316Q FAX (76&438-g173