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HomeMy WebLinkAboutCT 97-23x2; Magnolia Subdivision; Tentative Map (CT) (3)Uicluiig Design Group, Inc. September 17, 2002 RECEIVED Seena Trigas •; Chairperson SEP \1 2002 City of Carlsbad Planning Commission CITY OF CARLSBAD 1200 Carlsbad^Village Drive PLANNING DEPT. Carlsbad, CA 92008 RE: MAGNOLIA SUBDIVISION PHASE 2 TIME EXTENSION (CT-97-23-X2/SDP-97-26-X2) Dear Madam Chairperson, It has come to our attention that the planner for this project, Elaine Blackburn, will not be able to attend the September 18,2002 Planning Commission to present the Magnolia Subdivision Project. Because Elaine Blackburn has significant personal background on this project we would prefer that the project be heard in two weeks at your next meeting on October 2, 2002. Considering that we have made a timely application for the extension the additional two weeks is not critical to us for the commission to consider our request. Sincerely, LAD WIG DESIGN GROUP, INC. Robert C. Ladwig, President RCL:clr cc: Michael O'Gara, O'Gara Construction and Land Company Elaine Blackburn, City of Carlsbad Planning Commission Clyde Wickham, City of Carlsbad Engineering Department 703 Palomar Rirport Road *• Suite 300 *• Carlsbad, California 92009 (760) 438-3182 FflX (760) 438-0173 City of Carlsbad Planning Department August 29, 2002 Bob Ladwig Ladwig Design Group, Inc. 703 Palomar Airport Road, Ste. 300 Carlsbad, CA 92009 SUBJECT: CT 97-23x2/SDP 97-26x2 - MAGNOLIA SUBDIVISION - PHASE II EXTENSION We have enclosed the preliminary staff report for the above referenced project. This preliminary report will be discussed by staff at the Development Coordinating Committee (DCC) meeting which will be held on September 9, 2002. A twenty (20) minute appointment has been set aside for you at 10:30 a.m. If you have any questions concerning your project you should attend the DCC meeting. It is necessary that you bring your required unmounted colored exhibit(s) with you to this meeting in order for your project to go forward to the Planning Commission. Your colored exhibits must be submitted at this time to ensure review by the Planning Commission at their briefings. If the colored exhibits are not available for their review, your project could be rescheduled to a later time. If you do not plan to attend this meeting, please make arrangements to have your colored exhibit(s) here by the scheduled time above. If you need additional information concerning this matter, please contact your Planner, Elaine Blackburn at (760) 602-4621. CITY OF CARLSBAD GARY E. WAYNE Assistant Planning Director GEW:EB:jt Enclosure ^/Filc: ^File Copy Ettore & Geraldine Bertagnolli, P.O. Box 1633, Carlsbad, CA 92018 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us City of Carlsbad Planning Department PLANNING COMMISSION NOTICE OF DECISION June 25,2001 Michael O'Gara P. O. Box 1633 Carlsbad, CA 92018 SUBJECT: CT 97-23xl/SDP 97-26x1 - MAGNOLIA SUBDIVISION - PHASE II EXTENSION At the Planning Commission meeting of June 20, 2001, your application was considered. The Commission voted 5-0 (Compas/L'Heureux Absent) to APPROVE your request. The decision of the Planning Commission became final on June 20, 2001. The time within which judicial review of this decision must be sought is governed by Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of Carlsbad by Carlsbad Municipal Code 1.16. Any petition or other paper seeking judicial review must be filed in the appropriate court not later than the ninetieth day following the date which this decision becomes final; however, if within ten days after the decision becomes final a request for the record of the proceedings accompanied by the required deposit in an amount sufficient to cover the estimated cost of preparation of such record, the time within which such petition may be filed in court is extended to not later than the thirtieth day following the date on which the record is either personally delivered or mailed to the party, or his attorney of record, if he has one. A written request for the preparation of the record of the proceedings shall be filed with the Planning Director, Michael J. Holzmiller, Secretary of the Planning Commission, 1635 Faraday Avenue, Carlsbad, CA 92008. If you have any questions regarding the final dispositions of your application, please call the Planning Department at (760) 602-4600. Sincerely, MICHAEL J.HOLZMILLER Planning Director MJH:EB:mh Enclosed: Planning Commission Resolutions No. 4975, 4934, 4976 c: Bob Ladwig, Ladwig Design Group, 703 Palomar Airport Road, Ste. 300, Carlsbad, CA 92009 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us .'SO434636~ •^F^ —' City of Carlsbad City Attorney FAX TRANSMITTAL DATE: May 21,2001 Number of Pages Being Transmitted TIME SENT: (Including Cover Sheet): 4 TO: DEBBIE FOUNTAIN, MICHAEL FROM: JANE MOBALDI HOLZMILLER, & ELAINE BLACKBURN DEPT.: CITY ATTORNEY COMPANY: PHONE: (760)434-2891 PHONE #: FAX: (760)434-8367 FAX #: 720-2037, 602-8559 SPECIAL INSTRUCTIONS: UNLESS OTHERWISE INDICATED OR OBVIOUS FROM THE NATURE OF THE TRANSMnTAL, THE INFORMATION CONTAINED IN THIS FACSIMILE MESSAGE IS ATTORNEY PRIVILEGED AND CONFIDENTIAL INFORMATION INTENDED FOR THE USE OF THE INDIVIDUAL OR ENTITY NAMES ABOVE. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, OR THE EMPLOYEE OR AGENT RESPONSIBLE TO DELIVER IT TO THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR OR ARE NOT SURE WHETHER IT IS PRIVILEGED, PLEASE IMMEDIATELY NOTIFY US BY COLLECT TELEPHONE, AND RETURN THE ORIGINAL MESSAGE TO US AT THE ABOVE ADDRESS VIA THE U.S. POSTAL SERVICE AT OUR EXPENSE. THANK YOU. 1200 Carlsbad Village Drive *Carlsbad, California 92008 * (760) 434-2891 21.85.150 76O4348367 rized in Section 21.85.035(5). Amendments to af- fordable housing agreements initially approved prior to the effective date of the ordinance codified in this chapter shall be entitled to consideration under the ordinance provisions superseded by the ordinance codified in this chapter. (Ord. NS-535 § 1 (part), 2000) 21.85.155 Expiration of affordability tenure. The city or its designee shall have a one-time first right of refusal to purchase any project contain- ing affordable units offered for sale at the end of the TTiinimiTrp tenure of affordability for rental projects. The first right of refusal to purchase the rental pro- ject shall be submitted in writing to the housing and redevelopment director. Within ninety days of its receipt, the city shall indicate its intent to exercise the first right of refusal for the purpose of providing affordable housing. (Ord. NS-535 i 1 (part), 2000) 21.85.160xx Pre-existing approvals. Any residential developments for which a site development plan for the affordable housing com- ponent of the development was approved prior to the effective date of the ordinance codified hi this chapter shall be subject to the ordinance hi effect at the time of the approval. (Ord. NS-535 § 1 (part), 2000) 21.85.170 Enforcement. Enforcement provisions are as follows: A. The provisions of this chapter shall apply to all developers and their agents, successors and as- signs proposing a residential development governed by this chapter. No building permit or occupancy permit shall be issued, nor any entitlement granted, for a project which is not exempt and does not meet the requirements of this chapter. All inclusionary units shall be rented or owned in accordance with this chapter. B. The city may institute any appropriate legal actions or proceedings necessary to ensure compli- ance with this chapter, including but not limited to actions to revoke, deny or suspend any permit or development approval. C. Any individual who sells or rents a restricted unit in violation of the provisions of this chapter shall be required to forfeit all monetary amounts so obtained. Such amounts shall be added to the city's housing trust fund. (Ord. NS-535 § 1 (pan), 2000) 21.85.180 Savings clause. All code provisions, ordinances, and parts of ordinances in conflict with the provisions of this chapter are repealed. The provisions of this chapter, insofar as they are substantially the same as existing code provisions relating to the same subject matter shall be construed as restatements and continuations thereof and not as new enactments. With respect, however, to violations, rights accrued, liabilities accrued, or appeals taken, prior to the effective date of this ordinance, under any chapter, ordinance, or part of an ordinance shall be deemed to remain in full force for the purpose of sustaining any proper suit, action, or other proceedings, with respect to any such violation, right, liability or appeal. (Ord. NS-535 § 1 (part), 2000) 21.85.190 Separability of provisions. If any provision of this chapter or the application thereof to any person or circumstances is held inval- id, the remainder of the chapter and the application of the provision to other persons not similarly situat- ed or to other circumstances shall not be affected thereby. (Ord. NS-535 § 1 (part), 2000) (Carlsbad 5-00)792-10 : 7604-348367 Chapter 3 Tentative Map Processing the map may only be granted under the city's discretionary authority). For tentative maps in effect on both September 13.1993 and May 14,1996, the one-time automatic extensions created by the new laws will allow a maximum life of 18 years. The life of a tentative map could be extended even further by the tolling provisions triggered by development moratoria or litigation. Govt Code §§ 66452.6(b), (c). In summary, the following rules determine the life of a tentative map: i A map has an initial life of two years plus any additional time, to a maximum of three years, allowed by local ordinance. 1 A map is automatically extended by three years upon the filing of each phased final map (to a maximum of ten years) by a subdivider required to make sub- stantial off-site public improvements as a condition of approval of the map. i A map may be extended for up to five years, at the discretion of the local agency, in addition to the initial life and the automatic extension. 5 A map may be extended by various tolling provisions triggered by development moratoria or litigation. j If a map had not expired on September 13,1993, it was automatically extended by two years in addition to any other extension. l If a map had not expired on May 14,1996, it was automatically extended one year in addition to any other extension. ^—~" ~~ ~ -~-^_^__ Conditions Imposed on Extensions When granting an extension to a tentative map, a city's decision is limited to conditions related to the length of time a map is valid, even though granting an extension is a discretionary act under Government Code section 66452.6(e). See El Patio v. Permanent Rent Control' Bd., 110 Cal. App. 3d 915 (1980). A subdivider may agree to a new condition that a city imposes as a condition to an extension of the tentative map. However, the subdivider may not later challenge the validity of that condition if it had agreed to it. Rossco Holdings, Inc. v. State of California, 202 Cal. App. 3d 642 (1989) (citing County of Imperial-u. McDougal, 19 Cal. 3d 505 (1977)) landowner cannot challenge condition on a permit after acquiescing to the condi- tion by specific agreement or by failure to challenge validity and accepting the ben- efits); Pfeifferv. City of La Mesa, 69 Cal. App. 3d 74 (1977) (landowner waives right to assert invalidity of conditions and sue public entity for costs of compliance after acceptance of building permits and compliance with conditions). If a subdivider does not agree to a new condition, a city can deny the extension in the exercise of its discretion under the reasonable exercise of the police power. If the city denies the extension, the tentative map would expire and the subdi- vider would have to obtain a new tentative map that may have new conditions. Alternatively, the city could permit the extension, but attach a new condition to a later approval such as the issuance of a building permit, if permitted by local regulations or ordinances, unless the tentative map is a vesting tentative map. See McMuilan v. Santa Monica Rent Control Bd., 168 Cal. App. 3d 960 (1985). When granting an extension to a tentative map, a city > decision a limited to conditions related to the length of time a map it -valid. If a suAdwider Joes not agree to a new con- dition, a city can deny the extension in the exercise ofitt discretion under the reason- able exercise of the police paxtr. 21 City of Carlsbad Planning Department April 24, 2001 Michael O'Gara P 0 Box 1633 Carlsbad CA 92018 SUBJECT: CT 97-23X1/SDP 97-26X1 - MAGNOLIA SUBDIVISION - PHASE II EXTENSION The preliminary staff report for the above referenced project will be mailed to you on Friday, April 27, 2001, after 8:00 a.m. This preliminary report will be discussed by staff at the Development Coordinating Committee (DCC) meeting which will be held on May 7, 2001. A twenty (20) minute appointment has been set aside for you at 10:30. If you have any questions concerning your project you should attend the DCC meeting. It is necessary that you bring your required unmounted colored exhibit(s) with you to this meeting in order for your project to go forward to the Planning Commission. Your colored exhibits must be submitted at this time to ensure review by the Planning Commission at their briefings. If the colored exhibits are not available for their review, your project could be rescheduled to a later time. If you do not plan to attend this meeting, please make arrangements to have your colored exhibit(s) here by the scheduled time above. If you need additional information concerning this matter, please contact your Planner, Elaine Blackburn at (760) 602-4621. CITY OF CARLSBAD GARY E. WAYNE Assistant Planning Director GEW:EB:cs c: Bob Ladwig, Ladwig Design Group, 703 Palomar Airport Rd. Ste 300, Carlsbad CA 92009 File Copy 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us City of Carlsbad Planning Department JulyS, 1998 Bob Ladwig Ladwig Design Group 703 Palomar Airport Road Carlsbad, CA 92009 SUBJECT: CT 97-23/SDP 97-26 - "CODE REMINDER" 53 FOR MAGNOLIA SUBDIVISION This is in response to your question about condition 53 on Planning Commission Resolution Number 4284, approving the tentative map for Magnolia Subdivision. This project required two discretionary permits, a tentative map (CT 97-23) and a site development plan (SDP 97-26). The City of Carlsbad traditionally places many of the conditions pertaining to over-all project approval on the resolution for the "major permit" when more than one permit is required. In this case the major permit was the map. Planning Commission Resolution Number 4285 approved the site development plan subject both to approval of the map and all the conditions cited in the resolution for the map. One of these conditions, No 53, under the heading "Code Reminders" states: "This approval shall become null and void if building permits are not issued for this project within 24 months from the date of project approval". Regarding this condition: 1. This condition correctly refers only to the Site Development Plan approval, and not to the map approval. It would have been clearer to place the condition within the SDP resolution, instead of placing it with other over-all project conditions on the map resolution. We apologize for this lack of clarity. 2. Because the Planning Commission acted at the hearing to change the time frame from the standard 18 months to 24 months (so as to coincide with the expiration date for the map), it becomes a new Commission condition on the site development plan, not just a "code reminder". In addition, please be aware of the relationship between the SDP and the map. The map will expire at the end of 24 months unless either a) a final map is 2075 La Palmas Dr. • Carlsbad, CA 92009-1576 • (760) 438-1161 • FAX.J760) 438-0894 CT 97-23/SDP 97-26^CODE REMINDER" 53 FOR MAGTOLIA SUBDIVISION July 8, 1998 Page 2 approved, or b) you and your client request and are granted an extension. The SDP approval is conditioned on the map, and, therefore, also has a life of 24 months. If you pursue a map extension, you will also need to apply for an extension to the SDP or the SDP will expire. On the other hand, even if a final map is filed within 24 months, the SDP will expire at 24 months unless building permits are issued before that time. I hope this explanation clarifies the conditions of approval for this project and the relationship between the tentative map and the site development plan. If you have any additional questions, please feel free to address them either to me (ext. 4443) or to your assigned planner, Senior Planner Elaine Blackburn (ext. 4471) at telephone number (760) 438-1161. Sincerely, DENNIS A. TURNER Principal Planner DATdch Michael D. O'Gara Gary Wayne, Assistant Planning Director Senior Planner Blackburn & ADRIENNE CHRISTMA 1040 Magnolia Ave. Carlsbad, CA 92008 (760) 729-1875 June 26, 1998 Elaine Blackburn CITY OF CARLSBAD PLANNING DEPARTMENT Case File: CT 97-23/SDP 97-26 Case Name: Magnolia Subdivision Regarding the development of a 9-lot residential subdivision on a 2.1 acre site on property generally located at the northwest corner of the intersection of Magnolia Avenue and Adams Street within Local Facilities Management Zone 1 and more particularly described as: a portion of Lots 13 and 17, Block "B" per map 2027. As a resident of 1040 Magnolia Ave. for the past 21 years there are two areas of concern regarding this development. 1. Existing Redwood/Chain Link Fence The existing fence has run along the property line for the past 40+ years. Our inquiry is, if replaced, what type of fencing will be used? Our concern is we have a rottweiler watchdog in our backyard. We would not want to have a fence removed and our animal loose in the neighborhood. If the fence is going to be replaced we request to be notified in advance to protect our pet, the security of our home, and the safety of our grandchildren. We expect a minimum height of a 5 foot replacement fence between the property lines, this is the current height of the fence. We would like to propose a variance of a 6 foot replacement fence. If the plans have an entrance driveway running along the fence line it will be necessary to have the 6 foot fence to detour headlights coming into our living room as occupants enter the entrance driveway to the development. 2. Rodents The grove has an infestation of rodents. Recently when the brush was cut and the trees trimmed, these rodents were a massive problem for the neighborhood. The trees are dead and infested with beetles which infest the neighborhood when disturbed. The property is infested with rats, possums, raccoons, squirrels and snakes. We request some type of rodent control treatment, prior to building, which will disturb their existing nests. This would be greatly appreciated in order to keep the rodents from spreading thru the neighborhood with potential disease. We request your responding to the fence and rodent control issues in writing prior to developing. We welcome the project and the new neighbors. Sincerely, Harry Christman Adrienne Christman tciduiig Design Group, Inc. 0 March 13, 1998 MAR 1 3 1398 Ms. Elaine Blackburn Planning Department City of Carlsbad 2075 Las Palmas Carlsbad, CA 92009 SUBJECT: Magnolia Subdivision- CT 97-23/SDP 97-26 Re- Submittal (LADWIG DESIGN GROUP, INC. - J/N - L-1044) Dear Elaine: Please accept the attached information as our re-submittal for this project. We appreciate your "Complete Submittal" letter of February 17,1998 and have the following comments on the planning issues of concern. 1. We understand that lots 7 and 8 will be deed restricted to provide the second dwelling units and that we will need to process affordable housing agreements. We do question the need to process a Second Dwelling Unit Permit for each of the units in addition to our SDP 97-26. Per our discussion, I have talked to Gary Wayne about this and he said he would get back to me with a response. Our preference would be not to have to process a subsequent Second Dwelling Unit Permit. As we discussed, the Mar Vista and Emerald Ridge West and East projects only processed a Site Development Plan for the Second Dwelling units that have been constructed. If the City requirements are going to change, we request that this project be allowed under the old provision that only requires the SDP. The project engineer has responded to Mr. Clyde Wickham's letter of January 28,1998. I've attached Mr. Joe Lukoski's hand written response on Clyde's letter. 703 Palomar flirport Road + Suite 300 * Carlsbad, California 92009 (760) 438-3182 FRX (760) 438-0173 Ms. Elaine Blackburn March 13, 1998 Page 2 Please look the attached information over and call if you have any questions. We are looking forward to getting from you soon a Planning Commission hearing date. I've attached 3 revised prints of the TM/SDP plan and 1 City Check print along with Joe Lukoski's comments. Sincerely, LAD WIG DESIGN GROUP, INC. Robert C. Ladwig RCL:ad.008 Enclosure cc: Mike O'Gara with enclosure Joe Lukoski without enclosure 703 Palomar flirport Road 4 Suite 300 4 Carlsbad, California 92009 (760) 438-3182 FflX (760) 438-0173 ig Design Group/ Inc. April 2, 1998 Mr. Craig Ruiz City of Carlsbad Redevelopment Agency 2965 Roosevelt St. Suite B Carlsbad, CA 92008 SUBJECT: Magnolia Subdivision- CT 97-23/SDP 97-26 (LADWIG DESIGN GROUP, INC. - J/N - L-1044) Dear Craig: Yesterday I was informed by Elaine Blackburn at the Planning Department that she has completed the negative declaration and is waiting for signatures. She also asked me to call you to prepare the affordable housing agreement for this subdivision and that it needs to be reviewed by the Housing Commission. We would request that you prepare the draft housing agreement for our review so that it can be presented to the Housing Commission at the next meeting on Thursday, May 14, 1998. It is my understanding that once the affordable housing agreement is approved at the Housing Commission we can then move forward with our Planning Commission Hearing on the project. As you requested, I am sending copies of information prepared for the project. Please find attached: • Vicinity Map • Completed Land Use Review Application Form • Project Description • Copy of letter to Elaine Blackburn dated March 13, 1998 • 81/2X11 reduced copy of the tentative map/site development plan • 81/2X11 copy of the reduced architectural plans for the second dwelling units- two sheets • 11X17 copy of the reduced architectural plans for the second dwelling units- two sheets 703 Palomar flirport Road + Suite 300 4- Carlsbad, California 92009 (760) 438-3182 FflX (760) 438-0173 One full scale copy of the Magnolia Subdivision Tentative Map prepared by the engineer of work This project is an in fill project at the Northwest corner of Adams Street and Magnolia. Two existing parcels will be subdivided into nine large single family lots, which range in size from 7,650 square feet to 15,220 square feet. Along with the tentative map we have submitted a site development plan application for two second dwelling units. Our 15% affordable housing requirement is 1.35 units. Please review all the items that I have enclosed. As soon as you have a draft affordable housing agreement I ask that you please call me so that I can pick it up and get it to my client, Mr. Mike O'Gara for his review. In addition, I would like to again request that you put us on the next Housing Commission Agenda which is May 14, 1998. Thanks for your help on this. If you have any questions, please give me a call. Sincerely, LADWIG DESIGN GROUP, INC. Robert C. Ladwig RCL:ad.009 Enclosure cc: Mike O'Gara with enclosure Elaine Blackburn, City of Carlsbad Planning Department 703 Palomor flirport Road 4 Suite 300 + Carlsbad, California 92009 (760) 438-3182 FflX (760) 438-0173 itv of Carlsbad Planning Department February 17, 1998 Bob Ladwig Suite 300 703 Palomar Airport Rd. Carlsbad, CA 92009 SUBJECT: CT 97-23/SDP 97-26 - MAGNOLIA SUBDIVISION Thank you for applying for Land Use Permits in the City of Carlsbad. The Planning Department has reviewed your Tentative Tract Map and Site Development Permit, application no. CT 97-23 and SDP 97-26, as to its completeness for processing. The application is complete, as submitted. Although the initial processing of your application may have already begun, the technical acceptance date is acknowledged by the date of this communication. The City may, in the course of processing the application, request that you clarify, amplify, correct, or otherwise, supplement the basic information required for the application. In addition, you should also be aware that various design issues may exist. These issues must be addressed before this application can be scheduled for a hearing. The Planning Department will begin processing your application as of the date of this communication. Please contact your staff planner, Elaine Blackburn, at (760) 438-1161, extension 4471, if you have any questions or wish to set up a meeting to discuss the application. Sincerely, MICHAEL J. HOLZMILLER Planning Director MJH:EB:mh c: Gary Wayne Dennis Turner Clyde Wickham Bobbie Hoder File Copy Data Entry Planning Aide 2075 Las Palmas Dr. • Carsbad, CA 92OO9-1576 • (76O) 438-11 61FAX (76O) 438-O894 ISSUES OF CONCERN Planning: 1. As indicated previously (and per your acknowledgment) any approval of this project will require that Lots 7 and 8 be deed restricted to provide the indicated second dwelling units, and that you process affordable housing agreements. When construction is proposed you (or the owner at that time) will be required to process a Second Dwelling Unit permit for each second dwelling unit. *Utduiig Design Group, Inc. m 2g CITY January 28, 1998 Ms. Elaine Blackburn Planning Department City of Carlsbad 2075 Las Palmas Drive Carlsbad, CA 92009-1576 SUBJECT: MAGNOLIA SUBDIVISION - CT 97-23/SDP 97-26 (LADWIG DESIGN GROUP, INC. - J/N - L-1044) Dear Elaine: Please accept the attached information as our resubmittal for this project. The following are responses to your list of items needed to complete the application attached to a letter addressed to me dated January 19, 1998. Item No. 1 On January 21, 1998,1 delivered to you a revised Chicago Title Report updated January 14, 1998. When the boundary adjustment was done to separate out the existing house within the property along Adams Street, a new assessor parcel was assigned to the project. That new assessor parcel is 205- 191-17. I also delivered to you a new first sheet of the Public Facility Fee Agreement with the correct assessor parcels. In addition, you have marked on the application the reference to the new assessor parcels that are discussed above. Item No. 2 The scale for the building floor plans is on the drawings located in the lower right hand corner. 703 Palomar flirport Road 4 Suite 300 *• Carlsbad, California 92009 (760) 438-3182 FfiX (760) 438-0173 Ms. Elaine Blackburn January 28, 1998 Page 2 Item No. 3 The general plan designation of RLM, I believe was on the sheet that we submitted to you. I have attached new prints showing the proper general plan designation. Item No. 4 In the general notes on the exhibit I have identified the maximum lot building coverage as 40% per Carlsbad Municipal Code Section 21.10.090. Item No. 5 Sheet 1A of the architectural plans shows the typical building height of 23'-8". Item No. 6 I have attached the letter addressed to me dated January 27, 1998, from Anthony Lawson from ADL Planning Associates. Tony is the landscape architect and has reviewed our plan and provided the attached comments. As I indicated on the phone, there are no slopes to be maintained within this project, no common areas of maintenance, and all landscaping and maintenance onsite will be the obligation of the individual private homeowners. Item No. 7 We have added the application numbers in the upper right hand corner of the plan sheet. Ttem No. 8 We acknowledge the proposed condition for Lots 7 and 8. 703 Palomar flirport Road 4 Suite 300 * Carlsbad, California 92009 (760) 438-3182 FRX (760) 438-0173 Ms. Elaine Blackburn January 28, 1998 Page 3 We acknowledge that the strict calculation of the dwelling units per acre is over the general plan maximum. We also think it would be appropriate to be able to include the area of the adjacent public streets in the gross area as I have discussed with you in a previous letter. New subdivisions in undeveloped areas can include the areas of local streets in their density calculations. We understand that this is a built up area and the streets exist, and that it has not been the City's practice to include the area to the center of the adjacent existing streets for calculating densities. In reality, this does occur and we understand that for the City to allow this would be inconsistent with previous City actions. Based on the above, the owner would be willing to construct an additional second dwelling unit within the project raising the total number to three. On a percentage basis, we would actually be providing 33% affordable housing where 15% is required. Please accept the attached three prints of the revised Tentative Map/Site Development Plan as our resubmittal for the Magnolia Subdivision. Thank you for your help and we look forward to receiving our letter that we have a complete application. Sincerely, LADWIG DESIGN GROUP, INC. Robert C. Ladwig RCL:baw.006 cc: Mike O'Gara, O'Gara Construction and Land Company 703 Palomar flirport Road + Suite 300 + Carlsbad, California 92009 (760) 438-3182 FRX (760) 438-0173 S 619 931 2645 fiDL PLftHNIHS _^_ P.82 ^^ AM W.ANNINO ASSOCIATES W6? to Mooo CovlSuKoHK.CoflsDodXVk(6(9) 931-0637 January 27,1998 Bob Ladwlg Ladwlg Design Group 703 Palomar Aliport Rd.. Suite 300 Carlsbad. Co 92009 RE: CT 97-23/SDP 97-26 - MAGNOLIA SUBDIVISION Dear Bob, In response to the City's letter dated January 19.1998. H appears 1o me lhal ihls project has no requirement for builder Installed landscaping. Even though the application Is for a SDP, this project Is basically the same as a standard R-l subdivision wHh no manufactured slopes or common open space. Therefore all landscaping would be Installed and maintained by the Individual private homeowners. Please feel free to submit this letter to the city or review my findings with staff In order to resolve this application Item. Respeptfuiiy ihony I President ADL Pla/nlng Associates, Inc. ADL/SKM RECEIVED JAM 2 8 fSSS DESIGN 6Rmwmmm v /*~^ I •§•% ff ^^4r ^*~*^ <"5i •*• I c* l^fc *"!S ^~<lv^lTy OT v^g.riSDa.0 ' " • jjgr-' • .,.--..„_,... WBi^^^^^Bi!BMffiHICT*K'ftBIHIi(CTBiil!BniB^BIIMB^BBlfJKTOlB!W January 19, 1998 Bob Ladwig 703 Palomar Airport Rd., Suite 300 Carlsbad, CA 92009 SUBJECT: CT 97-23/SDP 97-26 - MAGNOLIA SUBDIVISION Thank you for applying for Land Use Permits in the City of Carlsbad. The Planning Department has reviewed your Tentative Tract Map/Site Development Plan, Application No. CT 97-23/SDP 97-26, as to its completeness for processing. The application is incomplete, as submitted. Attached are two lists. The first list is information which must be submitted to complete your application. This list of items must be submitted directly to your staff planner by appointment. All list items must be submitted simultaneously and a copy of this list must be included with your submittals. No processing of your application can occur until the application is determined to be complete. The second list is issues of concern to staff. When all required materials are submitted the City has 30 days to make a determination of completeness. If the application is determined to be complete, processing for a decision on the application will be initiated. In addition, please note that you have six months from the date the application was initially filed, December 19, 1997, to either resubmit the application or submit the required information. Failure to resubmit the application or to submit the materials necessary to determine your application complete shall be deemed to constitute withdrawal of the application. If an application is withdrawn or deemed withdrawn, a new application must be submitted. Please contact your staff planner, Elaine Blackburn, at (760) 438-1161, extension 4471, if you have any questions or wish to set up a meeting to discuss the application. Sincerely, MICHAEL J. HOLZWIILLER Planning Director MJH:EB:mh c: Michael D. O'Gara Gary Wayne Brian Hunter RECEIVED Clyde Wickham Bobbie Hoder j|f*| 2 2 I9SS File Copy Data Entry LADING DESIGN GR Planning Aide 2075 Las Palmas Dr. • Carlsbad, CA 92009-1576 • (760) 438-1161 • FAX (76O) 438-O894 LIST OF ITEMS NEEDED TO COMPLETE THE APPLICATION No. CT 97-23/SDP 97-26 - MAGNOLIA SUBDIVISION Planning: 1. The assessor's parcel numbers shown on the Tentative Map plan sheet (205-191-13 fYjj^ and -17 are not consistent with those shown on the Land Use Review application form and the PFF Agreement provided (205-191-08 and -17). Based upon staff's check of the assessor's parcel books, neither of these appears to be correct. They also do not match the title report submitted. Please correct the appropriate sheets/documents as necessary. (Note: This item was also called out on your previous project application for this site but was remains uncorrected.) Staff cannot process the PFF Agreement until the necessary correction(s) is/are made. Should the title report expire before the corrected document(s) is/are received, a new titie report will also be required. .|i^° 2. Please add a scale to the building floor plan drawings. W^ 3. Please add the current General Plan designation (RLM) to the plan sheet. (Note: This item was called out on your previous project application for this site but remains uncorrected.) 4. Please call out the amount of building coverage proposed for each lot (in %). 5. The building elevation drawings should be revised to clearly demonstrate compliance with the City's building height regulations. 6. Please provide a Landscape Plan for the proposed project. This plan should include, at a minimum: a. the landscape zones per the City's Landscape Manual; b. typical plant species, quantity of each species, and their size for each planting zone in a legend; c. an estimate of the yearly amount of irrigation (supplemental) water required per zone; d. landscape maintenance responsibility for all landscape areas; e. percent of the site used for landscaping; and, f. a Water Conservation Plan. 7. Please add the project application numbers (CT 97-23/SDP 97-26) to the upper right-hand corner of the plan sheets for your next submittal. 8. Should this project be approved, it will be conditioned to require recordation of deed restrictions requiring second dwelling units to be built on Lots 7 and 8 and to require completion of affordable housing agreements. ISSUES OF CONCERN Planning: 1. The density proposed for the project exceeds the density allowed by the General Plan designation. The density range for the RLM designation is 0-4 dwelling units per net acre. The project is proposed at 4.2 dwelling units per acre. City Council Policy No. 43 establishes the priority guidelines for the review/consideration of applications requesting the taking of excess dwelling units from the dwelling unit bank. The proposed project appears to be an in-fill project which might satisfy the criteria for inclusion in the "First Priority" group of project types. However, staff cannot offer any certainty that the necessary excess units would be made available for this project. In addition, although there are some means (e.g., Council Policy No. 43) available which make it possible to exceed the Growth Control Point (3.2 du/ac), the project would not be allowed to exceed the density range (a maximum of 4 du/ac). Therefore, the project would need to be revised to, at a minimum, fail within the density range (0-4 du/ac) based upon the net developable acreage of the site. Uidwig Design 703 Palomar flirport Road #300 Carlsbad, California 92009 (4^-438-3182 438-0173 DATE IfaKJT ATTENTION ' ...-/£ WE ARE SENDING YOU D Attached D Under separate cover via . D Shop drawings D Prints D Plans D Copy of letter D Change order D D Samples .the following items: D Specifications COPIES DATE NO.DESCRIPTION THESE ARE TRANSMITTED as checked below D For approval B'Tor your use ffl^As requested D For review and comment D FOR BIDS DUE REMARKS D Approved as submitted D Approved as noted D Returned for corrections n D Resubmit D Submit D Return .copies for approval .copies for distribution .corrected prints 19 D PRINTS RETURNED AFTER LOAN TO US COPY TO RECYCLED PAPER: Contents: 40% Pre-Consumer • 10% Post-Consumer H enclosures are not as noted, kindly notify us at once.