HomeMy WebLinkAboutCT 98-12; Magnolia Gardens; Tentative Map (CT) (44)EXHIBIT 6
DECEMBER 14, 1999
TO: MAYOR
CITY COUNCIL
FROM: Senior Planner
CT 98-12/SDP 98-22 - MAGNOLIA GARDENS
This memo is provided in place of a staff report to the Planning Commission on the above
referenced project. A previous design for a 15 lot subdivision on the property was considered by
the City Council on July 6, 1999. On July 27, 1999 the City Council in lieu of adopting
documents denying the project applications considered and granted a request by the applicant to
remand the project back to staff so that the project could be redesigned and then returned to the
City Council at a future public hearing for consideration. This memo contains the analysis of the
new design which is normally included with the report to the Planning Commission and is made
an attachment to the City Council Agenda Bill.
I. INTRODUCTION
The proposed project is for the creation of a 12 lot single-family residential subdivision on an
infill site located north of Magnolia Avenue and west of Valley Street. The project will consist
of 12 single-family residences on lots all with areas greater than 7,500 square feet. The proposed
density of the subdivision is 2.44 dwelling units per acre without the two second dwelling units
and 2.84 including the second dwelling units. Lot number 3 and 8 will include a second dwelling
unit with the single-family residence to satisfy the majority of the affordable housing
requirement for the project. The fractional affordable housing requirement of .11 of a unit will
be satisfied by the payment of a fee as permitted by Section 21.85.040 (c)(2) of the Inclusionary
Housing Ordinance. On May 19, 1999, the Planning Commission recommended approval of a
15 lot project on the site which was returned to staff by the City Council for redesign. Because of
the unusual configuration of the site 7 panhandle lots were proposed which complied with all
panhandle standards and the required findings were made. City Council approval is required for
panhandle lots in major subdivisions. The City Council directed the developer to attempt to
acquire adjacent property to put in a through street rather than a cul-de-sac street and panhandle
lots. The revised plan contains a through street and only one panhandle lot. A panhandle lot
currently exists. All City standards have been complied with and all necessary findings can be
made.
II. PROJECT DESCRIPTION AND BACKGROUND
The project site is a 4.93 acre site consisting of three assessor parcels located north of Magnolia
Avenue and west of Valley Street. The property is located in Local Facilities Management Zone
1 in the northwest quadrant of the city. Topographically the site is relatively flat and is occupied
by old deteriorating agricultural greenhouses. Surrounding land uses are primarily single family
residences with some remaining agricultural uses.
CT 98-12/SDP 98-22 - MJfctfNOLIA GARDENS
DECEMBER 14, 1999
PAGE 2
The proposed project is for the creation of 12 residential lots which will be developed with
single-family detached residences two of which will incorporate a second dwelling unit. The
existing zoning for the property is single-family residential (R-l) which requires a minimum lot
size of 7,500 square feet. The proposed lots range in size from just over 9,000 square feet to
15,990 square feet. The site development plan is required to demonstrate the design of the
second dwelling unit. A building floor plan and elevations are proposed for the unit which
includes the second dwelling unit. The second dwelling unit is 606 square feet in area and is
located on the second floor above the garage with a separate entrance to the outside. Plans for
the remaining units are not required by the existing land use designations. Proposed units will be
checked for compliance with the standards of the R-l zone.
The revised subdivision design contains a through street which connects to Magnolia Avenue
and Valley Street. An additional future street connection is provided to the property south of the
eastern portion of the project site. This connection provides another access point to the Carlsbad
Unified School District owned property. The new design contains 1 panhandle lot off Highland
Drive. This panhandle lot presently exists and the lot design complies with all city requirements.
The panhandle lot is necessary because of the existing lot configuration. Proposed Street "B" will
provide access to the adjacent property to the north which contains agricultural greenhouses so as
to not preclude the possible future development of that property consistent with the R-l zoning
designation. Development of the offsite property to the north can meet the required minimum lot
depth of 90 feet. This can be accomplished because the proposed Street "B" alignment has been
shifted onto the project site so that 44 feet of the required 60 foot right-of-way is located on the
Magnolia Gardens Project instead of the standard practice of half of the width or 30 feet. The
four lots adjacent to Street "B" have been made corner lots because of the proposed street access
to the school district property which allows them to be turned to comply with the minimum lot
depth requirement. The new design appears to address the objections the City Council had with
the previous design.
III. ANALYSIS
The proposed project is subject to the following plans, ordinances, standards and policies:
A. Residential Low-Medium Density (RJLM) General Plan Land Use Designation;
B. Single-Family Residential (R-l-7,500) Zone Regulations;
C. Subdivision Ordinance (Title 20 of the Carlsbad Municipal Code);
D. Inclusionary Housing Ordinance (Carlsbad Municipal Code Chapter 21.85); and
E. Growth Management Regulations (Local Facilities Management Zone 1).
CT 98-12/SDP 98-22 - MINOLTA GARDENS ^
DECEMBER 14, 1999
PAGE 3 '
The recommendation for approval of this project was developed by analyzing the project's
consistency with the applicable regulations and policies. The project's compliance with each of
the above regulations is discussed in detail in the sections below.
A. General Plan
The General Plan designation for the project site is Residential Low-Medium Density (RLM).
The RLM designation allows a range of 0-4 dwelling units per acre (du/ac). The RLM range has
a growth control point of 3.2 du/ac. The density of the proposed single-family residential
subdivision is 2.84 du/ac. The project complies with all elements of the General Plan as
illustrated in Table A below:
Table A - GENERAL PLAN COMPLIANCE
ELEMENT
Land Use
Housing
Public Safety
Circulation
USE,
CLASSIFICATION,
GOAL,
OBJECTIVE OR
PROGRAM
Site is designated for
RLM at 3.2 du/ac
Provision of
affordable housing
Review new
development
proposals to consider
emergency access, fire
hydrant locations, and
fire flow requirements
New development
shall dedicate and
improve all public
right-of-way for
circulation facilities
needed to serve
development
PROPOSED USES
&
IMPROVEMENTS
Single-family lots at
2.84 du/ac
Construction of 2
second dwelling units
and payment of a fee
for .11 of a unit
Required facilities
have been conditioned
in addition to
automatic fire
sprinkler systems for
the structure on the
panhandle lot
A thru public street
will be dedicated and
constructed on the
project site to serve
the development and
adjacent properties
COMPLY?
Yes
Yes
Yes
Yes
B. R-l-7,500 Zoning Regulations
The project site is zoned Single-Family Residential (R-l-7,500). The proposed project meets or
exceeds all applicable requirements of the underlying zone as demonstrated in Table B below.
All lot sizes and widths meet or exceed the minimum requirements of the zone. All required
setbacks, lot coverage, and building height for the zone will be reviewed by the Planning
Department during building plancheck to confirm that the required standards are complied with.
CT 98-12/SDP 98-22 - M^SNOLIA GARDENS
DECEMBER 14, 1999
PAGE 4
Table B: R-l ZONE COMPLIANCE
STANDARD
Minimum Lot Size - Std. Lot
Minimum Lot Size
Panhandle Lot
Minimum Lot Width - Std.
Lot
Minimum Lot Width
Panhandle Lot
Maximum Panhandle Length
REQUIRED
7,500 sq. ft.
8,000 sq. ft. buildable area
60 feet
60 feet
150 ft. for a single lot
PROPOSED
9,045 sq. ft.
9,457 sq. ft.
65 feet and greater
70 feet
150 ft. max. for a single lot
lots
c.Subdivision Ordinance
The Engineering Department has reviewed the proposed project and has concluded that the
subdivision complies with all applicable requirements of the Subdivision Map Act and the City's
Subdivision Ordinance. All major subdivision design criteria have been complied with including
the minimum lot depth of 90 feet, provision of public access, required street frontage, and
minimum lot area.
The project is consistent with and satisfies all requirements of the General Plan and Title 21. It is
also compatible with surrounding residential and agricultural land uses. The entire site will be
graded. The total amount of cut grading for the site is 13,500 cubic yards, fill totals 12,000 cubic
yards, and 1,500 cubic yards of dirt will be exported from the site.
The developer will be required to offer various dedications (e.g., drainage easements, street right-
of-way) and install street and utility improvements, including but not limited to, curbs, gutters,
sidewalks, sewer facilities, drainage facilities, fire hydrants, and street lights. The City Council
will consider the issues concerning street design and street trees which are currently being
studied by citizen committees when it reviews the proposed project at a noticed public hearing.
D. Inclusionary Housing Ordinance
The City's Inclusionary Housing Ordinance Ordinance (Chapter 21.85) requires that a minimum
of 15% of all approved units in any qualified residential subdivision be made affordable to lower
income households. The inclusionary housing requirement for this project would be 2.11
dwelling units. The applicant is proposing to satisfy this requirement by constructing two second
dwelling units and purchasing a .11 credit for the remaining partial unit. Therefore, the proposed
project complies with all applicable inclusionary housing requirements as demonstrated in table
"C" below. The second dwelling unit design includes 606 square feet of area located on the
second story over a three car garage. Parking for the second dwelling unit can be provided either
as a separate walled off one car garage or as tandem parking in front of the garage.
CT 98-12/SDP 98-22 - MAGNOLIA GARDENS
DECEMBER 14, 1999
PAGES
Table C: Inclusionary Housing
STANDARD
Inclusionary
Requirements
(Units/Fees)
REQUIRED
2.11 dwelling units
PROVIDED
2 attached second
dwelling units and a
.11 credit
COMPLIANCE
Yes
E. Growth Management
The proposed project is located within Local. Facilities Management Zone 1 in the northwest
quadrant of the City. The impacts on public facilities created by the project, and its compliance
with the adopted performance standards, are summarized in Table D below.
Table D; Growth Management Compliance
STANDARDS
City Administration
Library
Waste Water Treatment
Parks
Drainage
Circulation
Fire
Open Space
Schools
Sewer Collection System
Water
IMPACTS
48.67 sq. ft.
25.95 sq. ft.
14EDU
.09 acre
Basin B
140 ADT
Station No. 1
N/A
CUSD
14EDU
3,080 GPD
COMPLIANCE
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
The proposed project is 1.77 dwelling units below the Growth Management dwelling unit
allowance.
IV. ENVIRONMENTAL REVIEW
The proposed project has been reviewed pursuant to the California Environmental Quality Act
(CEQA). The initial study prepared in conjunction with the project determined that potentially
significant impacts could be created as a result of agricultural chemical residue that may exist in
the soil on site which could affect the health of future residents. The project site has been
occupied by greenhouses which have been used to grow flowers. The required mitigation
measure of Master Environmental Impact Report 93-01 prepared for the General Plan Update
requires a mitigation measure which has been applied to the project mandating soils testing and
analysis to evaluate the potential for soil contamination due to historic use, handling, or storage
of agricultural chemicals. If hazardous chemicals are detected at concentrations in the soil which
would have a significantly adverse effect on human health mitigation measures included in the
required report will be implemented so as to reduce the impact below a level of significance.
CT 98-12/SDP 98-22 - MAGNOLIA GARDENS
DECEMBER 14, 1999
PAGE 6
The project is within the scope of the City's Master Environmental Impact Report which was
utilized to address the project's cumulative air quality and circulation impacts. Please see the
Environmental Impact Assessment Form - Part II for a detailed description of the mitigation
measure and the expanded justification for the recommendation to approve the Mitigated
Negative Declaration. In consideration of the foregoing, on September 13, 1999, the Planning
Director issued a Mitigated Negative Declaration for the proposed project.
The City has received its annual Growth Management Traffic Monitoring Report. The Report
has recorded an unanticipated intersection "level of service" (LOS) failure at Palomar Airport
Road (PAR) and El Camino Real (ECR) during both the a.m. and p.m. peak hours. This
potentially creates a changed circumstance negating reliance on previous environmental
documentation. Pursuant to §15162 of the CEQA Guidelines a lead agency must prepare a
"Subsequent" environmental documentation if substantial evidence (i.e., the recorded
intersection failure) determines that a changed circumstance exists. However, case law has
interpreted this section of the CEQA Guidelines to not require the preparation of a "Subsequent
EIR" if mitigation measures are adopted which reduce the identified impacts to a level of
insignificance.
A mitigation measure has been identified which, if implemented, will bring the peak hours LOS
into the acceptable range. The mitigation measure involves construction of two dual right turn
lanes-northbound to eastbound and westbound to northbound. This project has been
conditioned to pay its fair share of the intersection "short-term improvements" thereby,
guaranteeing mitigation to a level of insignificance.
DON NEU
ATTACHMENTS:
1 . Background Data Sheet
2. Local Facilities Impact Assessment Form
3. Disclosure Statement
4. Reduced Exhibits
5. Full Size Exhibits "A" - "J", dated December 14, 1999
BACKGROUND DATA SHEET ATTACHMENT 1
CASE NO:CT 98-12/SDP 98-22
CASE NAME: Magnolia Gardens
APPLICANT: Pacific Scene Financial. LLC
REQUEST AND LOCATION: 12 lot residential subdivision with two second dwelling units
on a 4.93 acre site located north of Magnolia Avenue and west of Valley Street.
LEGAL DESCRIPTION: 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
APN: 205-220-42. 43 & 45 Acres: 4.93 Proposed No. of Lots/Units: 12 lots/14 units
GENERAL PLAN AND ZONING
Land Use Designation: RLM
Density Allowed: 0-4
Existing Zone: R-l
Density Proposed: 2.84
Proposed Zone: N/A
Surrounding Zoning, General Plan and Land Use:
Zoning General Plan
Site R-l
North R-l
RLM
RLM
Current Land Use
Agriculture
Single Family
Residential and
Agriculture
South
East
West
R-l
R-l
R-l
RLM
RLM
RLM
Single
Residential
Single
Residential
Single
Residential
Family
Family
Family
PUBLIC FACILITIES
School District: CUSP Water District: Carlsbad Sewer District: Carlsbad
Equivalent Dwelling Units (Sewer Capacity): H
D
ENVIRONMENTAL IMPACT ASSESSMENT
Negative Declaration, issued
Certified Environmental Impact Report, dated_
Other, Mitigated Negative Declaration
*" CITY OF CARLSBAD *-' ATTACHMENT 2
GROWTH MANAGEMENT PROGRAM
LOCAL FACILITIES IMPACTS ASSESSMENT FORM
(To be Submitted with Development Application)
PROJECT IDENTITY AND IMPACT ASSESSMENT:
FILE NAME AND NO: Magnolia Gardens - CT 98-12/SDP 98-22
LOCAL FACILITY MANAGEMENT ZONE: I GENERAL PLAN: RLM
ZONING: Rr!
DEVELOPER'S NAME: Pacific Scene Financial. LLC
ADDRESS: 2505 Congress Street. Suite 2205. San Diego. CA 92110
PHONE NO.: 619-299-5112 ASSESSOR'S PARCEL NO.: 205-220-42. 43 & 45
QUANTITY OF LAND USE/DEVELOPMENT (AC., SQ. FT., DU): 4.93 ac.. 12 du + 2 sdu
ESTIMATED COMPLETION DATE:
A. City Administrative Facilities: Demand in Square Footage = 48.67
B. Library: Demand in Square Footage = 25.95
C. Wastewater Treatment Capacity (Calculate with J. Sewer) 14
D. Park: Demand in Acreage = .09
E. Drainage: Demand in CFS - N/A
Identify Drainage Basin = B
(Identify master plan facilities on site plan)
F. Circulation: Demand in ADT= 140
(Identify Trip Distribution on site plan)
G. Fire: Served by Fire Station No. - 1
H. Open Space: Acreage Provided = N/A
I. Schools: CUSP
(Demands to be determined by staff)
J. Sewer: Demands in EDU 14
Identify Sub Basin = N/A
(Identify trunk line(s) impacted on site plan)
K. Water: Demand in GPD = 3.080
L. The project is 1.77 units below the Growth Management Dwelling unit allowance.
ATTACHMENT 3
City of Carlsbad
Planning Department
DISCLOSURE STATEMENT
Applicant's statement or disclosure of certain ownership interests on all applications which will require
discretionary action on the part of the City Council or any appointed Board. Commission or Committee.
The following information MUST be disclosed at the time of application submittal. Your project cannot
be reviewed until this information is completed. Please print.
Note:
Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal
organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and count)1, city
municipality, district or other political subdivision or any other group or combination acting as a unit."
Agents may sign this document; however, the legal name and entity of the applicant and property owner must be
provided below.
1. APPLICANT (Not the applicant's agent)
Provide the COMPLETE. LEGAL names and addresses of ALL persons having a financial
interest in the application. If the applicant includes a corporation or partnership, include the
names, title, addresses of all individuals owning more than 10% of the shares. IF NO
INDIVIDUALS OWN MORE THAN 10% OF THE SHARES. PLEASE INDICATE NON-
APPLICABLE (N/A) IN THE SPACE BELOW. If a publiclv-owned corporation, include the
names, titles, and addresses of the corporate officers. (A separate page may be attached if
necessary.)
Person_
Title
-V Corp/Part_
Title
Address Address
OWNER (Not the owner's agent)
Provide the COMPLETE. LEGAL names and addresses of ALL persons having any ownership
interest in the property involved. Also, provide the nature of the legal ownership (i.e.
partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a
corporation or partnership, include the names, title, addresses of all individuals owning more
than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES,
PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publiclv-
owned corporation, include the names, titles, and addresses of the corporate officers. (A separate
page may be attached if necessary.)
Person Gloria Aguilera Goitia Corp/Part
Title Owner Title__
Address 500 S. Santa Fe, Vista Address
CA, 92084
2075 Las Palmas Dr. • Carlsbad, CA 92009-1576 • (760) 438-1161 • FAX (76O) 438-O894
NO.N-PROFIT ORGANIZATION OR TRUST ***#'
If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust, list the
names and addresses of ANY person serving as an officer or director of the non-profit
organization or as trustee or beneficiary of the.
Non Profit/Trust N/A Non Profit/Trust
Title__ Title
Address Address
Have you had more than $250 worth of business transacted with any member of Cit\ staff.
Boards. Commissions, Committees and/or Council within the past twelve (12) months?
Yes No If yes, please indicate person(s):.
NOTE: Attach additional sheets if necessary.
I certify that all the above information is true and correct to the best of my knowledge.
Signature of owner/date *.C-Signature of applicant/date
Gloria Aguilera Goitia
Print or type name of owner
Dennis M. Ferdig
Print or type name of applicant
Signature of owner/applicant's agent if applicable/date
Print or type name of owner/applicant's agent
H:ADMIN\COUNTER\DISCLOSURE STATEMENT 5/98 Page 2 of 2
ATTACHMENT "A" TO DISCLOSURE STATEMENT
Applicant Name: Pacific Scene Financial, LLC
Members of Pacific Scene Financial, LLC
25% Member, Manager, and Vice President
Brian N. Khoury, Trustee of the Brian N. Khoury Revocable Trust U/A/D January
27, 1987, as amended
2505 Congress Street, Suite 200
San Diego, CA 92110
25% Member, Manager, and Vice President
Jason B. Khoury, Trustee of the Jason B. Khoury Revocable Trust U/A/D January
27, 1987, as amended
2505 Congress Street, Suite 200
San Diego, CA 92110
25% Member, Manager, Vice President, and Secretary
Noelle F. Khoury, Trustee of the Noelle F. Khoury Revocable Trust U/A/D
January 27, 1987, as amended
2505 Congress Street, Suite 200
San Diego, CA 92110
25% Member and Manager
Tawfiq N. Khoury and Richel G. Khoury, Trustees of the TNKRGK Family Trust
U/A/D December 23, 1976, as amended
2505 Congress Street, Suite 200
San Diego, CA 92110
Additional Officers:
Dennis M. Ferdig, Vice President
Russ Richard, Manager and President
Tammy Miller, Vice President and Chief Financial Officer
/
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ANDSCAP
SHEET 1 OF 11
N S CARLSBAD TRACT NO. 98-12
SITE DEVROPMFNT PI AN NO. 98 ??
CONCrP'l PLAN
(APN 205-220-12)
M.A.VI MA^UUAL |t ITHIN KMiHT I INF.t «H\I-I. -MTT CXCTFO M''.f riTK Al.l
DENOUS LOTS PROPOSED TO HOLD SfONDAR- DWFU'Nr,
AND 8 ARE PROPOSED FOP THIS l.'^f.
SEE ATIACHTJ F100R PlANS.
MAGNOLIA ~ AVENUE
2 .5 -98 / 8- 1 2-99REVISFO 1 NOTE: FOR PLANT LEGEND, SEE SHF.F.TL-2 LANDSCAPE CONCEPT PLAN
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MAGNOLIA GARDENS
TENTATIVE MAP
SHEET 1 OF 2
CAKL38AO TRACT NO
STE DEVELOPMENT PLAN NO.,99
i II I I i J Li 1 i
OWNER
l£OAL DESCRIPTION:
HAGNOUA GARDENS
TENTATIVE MAP
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MAGNOLIA GARDENS
TENTATIVE MAP
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CARLSBAD TRACT NO.
SITE OCVELOrMENT PUN NO.
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SHEET 3 OF 3
aMW8*°"^•'*•—M=12—SITE OCVCLOPUCNT PUN NO. _88=22.
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SECTION A-A1
190
in
170
in
ISO
190
in
170
in
in
SCALES:
HORIZONTAL: 1* • 20'
VERTICAL: 1* - 20'
SECTION B-B1
SECTION C-C
CITY OF CARLSBAD - AGENDA B\
AB#
MTG. 7/^7/ff_^_^««_^u^>«^—^—
DEPT. CA
TITLE: DENIAL WITHOUT PREJUDICE OF MAGNOL
GARDENS PROJECT (CT 98-12/SDP 98-22)
RECOMMENDED ACTION:
That the City Council adopt Resolution No.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.
ITEM EXPLANATION:
On July 6, 1999, the City Council conducted a public hearing and denied without prejudice
the Magnolia Gardens project (3-0-2 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.
Page 2 of Agenda Bifrfto. \S 3 2fr
ENVIRONMENTAL REVIEW:
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.
2. Letter from Dennis M. Ferdig, Pacific Scene Financial, dated July 14, 1999.
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30
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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 Carlsbad 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 nullify" 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 other possible 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 / n
V I2505 Congress Street, Suite 220
San Diego, California 92110
Tel: 619.299.5112 I Fax: 6 19.299.1 »76
extended easterly to Valley Street. Unless directed otherwise, PSF will continue to apply
the required standards in its redesign efforts.
1 would be happy to make myself available to the 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)