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HomeMy WebLinkAbout1976-07-20; City Council; 2091-7; Tentative map extension.CITY- OF CARLSBAD ' AGENDA BILL NO. 2991 t Supplement / 'initial: • - • DATE: _ January 20, 1976 __ , _ _ ; _ DEPARTMENT : Engineering _ ._ . _________ .• . __•'_ . C. Mgr. ' Sub-ject: TENTATIVE MAP EXTENSION - CARLSBAD PALISADES (CT 73-8, Unit No. 2) REQUEST FOR RECONSIDERATION OF CONDITION _ DOUGLASS SOUTHWEST CORPORATION _ __ ^ _ __ Statement of the Matter ^On October 21, 1975, the City Council approved a tentative map extension of CT 73-8 to expire on August 7, 1976 by adopting Resolution No. 3758 (see exhibit -3). Exhibit (1) is a request for the Council to reconsider the adoption of this resolution, parti- cularly with respect to the condition that was added to the tenta- tive map conditions requiring the extension of Tamarack Avenue as a 52' curb to curb improved street with a separate two-way bike way within 84' of right of way to the intersection with Skyline Drive. . • This condition was recommended by staff based on engineering design difficulties in providing a safe intersection within the existing 60 foot wide right of way (Birch Street Unimproved) because of the location of existing facilities and the topography. Exhibits 1. LSfcter dated December 5, 1975 from Mr. Thompson requesting .'reconsideration of Condition I of Resolution No. 3758. 2. Letter dated November 25, 1975 from City Attorney. 3. Resolution No. 3758. Recommendation , . .That the "Resolution Nol 375.8 not be modified at this time, and direct staff to minimize the required right of way while providing a 52' (.four lane-no parking) roadway with adequate provisions for a sidewalk on one side of the street and a two-way bikeway on the other side of the street. • Council Action 1-20-76 A motion was made that the staff be instructed to prepare graphics which indicate those items discussed by the Council; change in Centerline location; a 48' wide street section; a 5.5' sidewalk section on either side of the road and what- ever slopes are absolutely required and also that the staff pre- pare the documents -necessary if the Council approves the graphics, to amend the condition .contained in Resolution : .No. 3758. ' . ANDREASEN, GORE, GROSSE & THOMPSON ATTORNEYS AT LAW D. S. ANDREASEN P. O. BOX 299 ARTHUR E. GORE SO4 THIRD STREET AREA CODE 714 RUSSELL W. GROSSE TELEPHONE 722-1234 DAVID R.THOMPSON OCEAN SI DE, C ALI FOR N IA 92O54 RALPH L.WILLIAMS JAMES E. BET2 December 5, 1975 The Mayor and City Council City of Carlsbad 1200 Elm Avenue Carlsbad, California 92008 Attention: City Manager Re: Request for Reconsideration for Council's Action of October 21, 1975 re One Year Extension of Tentative Map CT 73-8 (Carlsbad Palisades'•-•'- Douglass Southwest Corp).... Dear Mayor Frazee and Carlsbad Council Members: r am writing at the suggestion of the City Attorney to request reconsideration of your action taken on October 21, 1975 relative to the above referenced extension of a tentative map. I have enclosed for your edification a copy of my letter dated November 14, 1975 directed to the City Clerk and City Attorney. Mr. Blondo was kind enough to respond to my letter on November 25, 1975, and suggested that if I felt further action was justified to address you directly. The crux of our complaint with the Council's action in granting a tentative map extension is essentially that a condition was added to said approval which adversely affects my client's property. Notwithstanding request for notice over a period exceeding two years neither the City nor the developer noticed Mrs. Brownley respecting either Informal or formal meetings respecting the course and width of that certain right of way connecting the development at issue with Tamarack Avenue between said development and Skyline Drive. Moreover you should be apprised of the fact that on the date scheduled for public hearing respecting tentative map extension I con- tacted the Planning Department only to be assured that the Carlsbad Palisades Development was not on the agenda. The Imposition of Condition I of your resolution #3758 has set an Irreversible chain of events In motion. Those events Ignore the pleas of Mrs. Brownley for even minimal input or even minimal notice and opportunity to be heard with respect to developments adversely affecting her property. Page Two The Mayor and City Council December 5, 197S I realize the Councilrs schedule is a busy one but must respectfully submit that where constitutional rights are involved discretion is the better part of valor.. I am hopeful, of course, that each of you will take a different view of the necessity for widening Tamarack Avenue at the particular junction at issue inasmuch as the same is presently less than 84 feet all the way from the ocean to Skyline. Mrs. BrownleyLs only objection with your tentative map extension goes to the im- position of Condition I on Resolution #3758. Thank you for whatever consideration you may give this letter, icerely, DRT:rb cc: McDonald, Riddle, Hecht & Worley, Esgs. Mr. Leonard Minor, President, Douglass Southwest Corporation Mr. Don Agatep, Planning Director, City of Carlsbad Mr. Tim Flanagan, City Engineer, City of Carlsbad Mrs. Margaret Brownley CITY OF CARLSBAD 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008 (714) 729-1181 VINCENT F. BIONDO JR. CITY ATTORNEY , „ ,_ , » _ _November 25, 1975 RECEIVED NOV 2 6 1975 Mr. David R. Thompson Andreasen, Gore, Grosse & Thompson plTY u L//-\r\ ^ /' •'•) Itree^ Engineering Oceans ide, CA 92054 Dear Mr. Thompson: Your letter of November 14, 1975, requesting reconsideration of the City Council's action of October 21, 1975, approving an extension of Tentative Map CT 73-8 (Carlsbad Palisades - Douglass Southwest Corporation) has been reviewed by the City Manager and he has asked that I prepare a reply. As you know, the City Council on August 7, 1973, adopted Resolution No. 3178 approving the subject Tentative Map. One of the conditions of approval of that map required the construction of a portion of Tamarack Avenue. On February 19, 1974 the Council extended the map for a one year period by the adoption of Resolution No. 3358. The Council's action of October 21, 1975, granting a further one year extension, also amended the condition re- garding the Tamarack Avenue extension. In order to secure a final map approval for the subdivision, the developer must satisfy the Tamarack Avenue condition which now requires the construction of a 52 ft. street section within an 84 ft. right- of-way for Tamarack Avenue between Skyline Drive arid El Caiuino Real. As I understand the matter, it will be necessary for the subdivider to acquire a portion of your client's property in order to satisfy this condition. It is a common practice in approving subdivisions to require the subdivider to construct necessary off-site improvements. As an initial proposition the City does not involve itself in the acquisition of any right-of-way necessary to construct such improvements. In our view, the matter is a private one between the subdivider and affected property owners. The Council's action in extending the map, which provides for the construction of Tamarack Avenue, did not constitute action on the part of the City Council to commit itself to the condemnation of any portion of your client's property. In the event the subdivider and your Mr. David R. Thompson -2- November 25, 1975 client are unable to reach an agreement, the developer could attempt to exercise private condemnation or he could request a modification of the condition or he could determine not to proceed with the subdivision project. It would also be possible for the subdivider to request the City to participate in the condemnation of the necessary right-of-way to satisfy the con- dition. The decision to undertake the condemnation of your client's property would not be made without first discussing the matter fully with your client and after full due process of law. The Council's action in extending the map is purely a discretion- ary one and does not involve the requirement for a public hearing. The City was not required legally to give notice to any affected property owners. The matter was included on the public agenda which was made available to the press and the public. If there was confusion between some members of the staff and you in regard to this matter, I am sure it was unintentional and I regret that it occurred. However, even if you had been notified there was no right on behalf of your client to be heard in the matter at that time. It is our expectation that the parties will reach an agree- ment, obviating the need for further City involvement. Your letter of November 14th asks that the Council's decision be reconsidered. If you wish to pursue that request, I suggest you address a letter to the Mayor and City Council, attention City Manager, formally requesting that the matter be placed on a City Council Agenda for reconsideration. If I can be of any further assistance, do not hesitate to call. truly yours, v/ VrNCENf F. BIO: City Attorney VFB/mla cc: McDonald, Riddle, Hecht & Worley, Esqs. Mr. Leonard Minor, President Douglass Southwest Corporation City Manager City Clerk Planning Director^ City Engineer 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 RESOLUTION NO. 3758 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD CALIFORNIA, APPROVING WITH CONDITIONS AN EXTENSION OF TENTATIVE MAP (CT 73-8) PERMITTING DEVELOPMENT OF 331 UNITS ON PROPERTY GENERALLY LOCATED ON THE WESTERLY SIDE OF AND ADJACENT TO EL CAMINO REAL, APPROXIMATELY 200 FEET NORTHERLY OF THE INTERSECTION OF KELLY DRIVE AND EL CAMINO REAL,' CONSISTING OF APPROXIMATELY 63 ACRES. APPLICANT: DOUGLASS SOUTHWEST CORPORATION WHEREAS, the City Council of the City of Carlsbad, on the 7th day of August, 1973 adopted Resolution No. 3178 approving with conditions, Tentative map (CT 73-8); and, on the 19th day of February, 197^ adopted Resolution No. 3358, amending Condition No. 13 of Resolution No. 3178; and WHEREAS, the subdivider had requested and the City Council had approved an extension of the tentative map from August 7, 197^ to August 7, 1975; and WHEREAS, the subdivider has requested an additional one-year extension of such map from August 7, 1975 to August 7, 1976 and; WHEREAS, the City Council has determined to extend such map subject to a revised and an additional condition; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad as follows: A. That the above recitations are true and correct. B. That Tentative Map (CT 73-8) is hereby extended, subject to the execution and/or fulfillment of all the conditions of Resolution No. 3178, except that: 1. Condition No. 9 is revised as follows: "9. The developer shall dedicate and improve the remainder of Tamarack Avenue based on an 84 foot right of way width and a 52 foot street section with 18 21 22 23 24 25 26 27 28 29 a separate two-way bikeway. Tamarack Avenue right of way and improvements shall be secured to its intersection with Skyline Drive (prior to approval of the final map of Unit No. 2)." 2. A Condition No. 22 is added as follows: "22. The developer shall provide a left t'urn pocket from El Cam i no Real to Tamarack Avenue, as approved by the City Engineer. C. That said tentative map extension together with the pro- visions for its design and improvement and subject to the above conditions, is consistent with all applicable general and specific plans of the City of Carlsbad. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 21st day of October > 1975 by the following vote, to wit: AYES: Councilmen Chase, Lev/is and Councilwoman Casler. NOES: None- /^ ' ABSENT: Councilmen Frazee and Skotnickj: /^ ATTEST :, .-; . \ I ' . ; LEWIS L. CHASE, Vice Mayor 19 20 '' —j '/' !•',S? r./V s/sA- MARGARET ADAMS, City Clerk NORA K. GARDINER, Deputy City Clerk J (2)