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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 / r I/ \ ' \ it\ I 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 CO ,m H H >naStn L-l TYPICAL STREET SECTIONS HFifi-imn •*• <• I " I •* • swnjr 'c* MOHUMO v*ucr tnca 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 ( ( MAGNOLIA GARDENS TENTATIVE MAP SHECT 2 PF $.£ / i CARLSBAD TRACT NO. SITE OCVELOrMENT PUN NO. ! / / Mr- I / / ' ^ ,39 i i ^MMIM»m*T I iriv. r iji \r—i / j .a ) | ^mwii^^E^E^^^SEBSSS MAGNOLIA GARDENS TENTATIVE MAP SHEET 3 OF 3 aMW8*°"^•'*•—M=12—SITE OCVCLOPUCNT PUN NO. _88=22. " 1 HI 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. _L 0 r*">•^5\J VJyo < i ••, J i i i! L j i 1 » ' 1 I • ' 1 £ — •-LJU : -s~s* •_ ... • . - .~ : - iI 6 19 3 2 1 i •i - = — : — 7 4 \ ii i i ii i - = -TT 8 jftorff{Iflit 1 .* ~ • T: — --rr «< '! )| y 4 ^ \ kxl Jfesfa;rn \f. \ 41 W '•t i 1 "* I 1 .» i : !1 1 LJ^Tt •*• - 9 £^>—^^^_ f: —f t\ '"" — ^— "/I" 1 I 10 K/77MJ7 I 11 J~T^1I Ti i•!i Iii i Hilt 1 1 Arm MO 12 iur~kii ki 1 panpri 13 ,— — I TV ronL 14 | MClfiMBt 15 r-_— r- -- — \ • 16 ' ^_ — -^* "- ~~. i*~^-~— i- I 17 I1iiI• L 18 . ii «t'1 r f/1 1' \\\ ' 1 1 I '\!v 1 1 i "i) It 1 .-/ . c — 5 /•— %n «-Rm » -. 1i ^ i i __ i i 1 tr —.—t- w •10 ACQ 11 JIRE PRC 12 PERTY n 13 OH SCH 14 KM. DIST 15 ICT 16 I MSCNULIA" SVENUE I I L... Vc. : t1 1 - ' *" 1 . i CT -I, C : z- L i D3 m _ . - . . - J X . . .I;. ... :/. :.. -4«J. ..-.--,_.. . . . 6 13 3 2 1 ! _j — 7 5 4 ~ - i 8 / • .- ^Jp — * — . — Ji i r1 - jf! •= / f J// yy lilil If 1 n 11 !2V// 9 10 12 !yy/fl ' /f" jJ^ "~" ' ' " " ~~ ' ™ "" I 1 • ^/ /' 1 1 V• ; • 11 j ii 'i ; j (if— i » ;- i . 3i < ,• • i ! i ' i 1 t i i ; i *•• - ....--. . . . . -. .{ \ MSGhfULlA~'ATENUr~ --..--,_.-,,_..- ...^... ! 30 !m 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)