HomeMy WebLinkAbout1977-11-01; City Council; 5242; Sewer Permit-The Highland CompanyCITY OF CARLSBAD
AGENDA BILL NO. ^Tffj tf JL, \ Initial:
Dept.Hd.
DATE: November 1, 1977 _ ... <•'-•-"- ~ — ~j .. -•. ^ ^ A tty •
DEPARTMENT; Engineering C. Mgr.
Subject: SEWER PERMITS _ REQUEST TO UTILIZE EXISTING SEWER PERMITS ON DIFFERENT LOTS:
TANGLEWOOD. APPLICANT: THE HIGHLAND COMPANY
Statement of the Matter
Exhibit 1 is a request to transfer 52 sewer permits that have been issued on
Lots 155 - 206 in Unit 1 of Tanglewood and use them on lots that do not
currently have building permits, as follows:
Recorded lots 251 - 283 33 permits
Unrecorded tentative map lots
368 - 388 (Unit 2) 21 permits
54
An additional 2 permits have been requested so that the last 2 units of a
proposed 8-unit building can be completed.
In addition, the applicant is requesting that Council find the 14 model lots
in unrecorded Unit No. 2, which were issued building permits several years ago,
exempt from the sewer moratorium. ,... • --
Exhibits:
1. Letter dated October 21, 1977 from the Highland Company
2. Letter dated September 26, 1977 from Tiburon/Carlsbad Homeowners
Association
3. Memorandum dated October 25, 1977 from City Engineer
Recommendation:
1. If the Council conctirs, exempt the 14 existing, partially completed, units
in the model complex as provided by Ordinance No. 8074.
2.. Deny the request for 2 additional sewer permits and the transfer of 52
existing permits to other recorded and unre'corded lots.
(See Page 2 for Council action)
AGENDA BILL NO. 5242 -2- November 1, 1977
Council action
11-1-77 Council accepted the fact that the 52 building and sewer
permits exist and are still valid. The 14 existing,
partially completed, units in the model complex as provided
by Ordinance No. 8074 were exempted; the City Attorney was
directed to prepare the necessary code amendments to allow
the transfer of the 52 existing permits to Lots 251 through
283 and Lots 368 through 388.
The Council denied the request for the two additional sewer
permits.
October 21, 1977
Mr. Paul D. Bussey
City Manager
City of Carlsbad
1200 Elm Avenue
Carlsbad, California 92008
Dear Mr. Bussey:
The following sets forth our request with respect to certain
matters relative to our Tanglewood Project (see Exhibit A attached
for location of property referred to below:
1. Briefly, the current status of the project is as follows:
Phase 1A. Built by Larwin Company - all
sold and occupied - 57 lots,
numbered 1 through 57
Phase IB. 48 units (lots 58 through 105)
presently under construction, all
sold and approximately 90%
completed.
Phase 1C. 49 units (lots 106 through 154)
presently under construction, all
sold and approximately 50%
completed.
Phase ID. 52 units (lots 155 through 206)
with building and sewer permits.
Balance of recorded lots (lots 207 through
283) - no building or sewer permits
Subtotal
57
48
49
52
77
226
3105 Avenida De Anita . Carlsbad, Ca. 92008. (714) 729-7108
The Highland Company Page 2
Tenative map area -
Model lots (6 completed and 8
partially completed) 14
Other 189
Subtotal 203
Total Highland Company 429
Total Highland Company and Larwin 486
We presently have building permits and sewer permits
on 52 recorded lots in Carlsbad Tract 72-21—lot numbers
155 through 206.
We propose to trade the 52 permits referred to above
for permits on the following lots:
Recorded lots numbered 251 through 283 33
Unrecorded tentative map lots numbered
368 through 388 21
Total 54
Additional lots 2_
Concurrent with the construction of townhouses on the
33 lots, we will construct recreation facilities on Lot
284 (adjacent thereto) as follows (these facilities will
be deeded to the Homeowner's Association):
a. Three tennis courts.
b. Fenced camper storage area.
c. Offstreet parking for approximately 30 automobiles.
The HighT^.nd Company Page 3
5. In order to utilize the building and sewer permits on the
21 tentative mapped lots (lots 368 through 388) it will
be necessary to record a final map on these lots as well
as the 14 model lots which are adjacent thereto on the
north. Also, there are 15 other lots north of the models
and adjacent thereto, which, together with the models
and the 21 lots (368 through 388) comprise all of Phase I
of the Tenative Tract. There is also a lot next to the
models with a recreation clubhouse building located
thereon.
Summary of tentative map area - Phase I:
Southerly lots (368 through 388) 21
Model lots 14
Northerly lots (339 through 346 and
355 through 361) " 15
Recreation building lot 1
.51
6. In addition to the exchange of s~ewer permits referred
to in 3 above, we are also requesting sewer permits on
the model lots and the recreation building lot. These
units have been constructed for about 3% years. We are
not requesting sewer permits on the 15 northerly lots
at this time.
7. An existing condition to Tenative Map 74-25 as set
forth in Ordinance No. 7471 requires the bonding of
certain improvements on Elm Avenue and Appian Road.
We request that this requirement be reduced to include
only the northerly one half of Elm Avenue from Avenida
de Anita to Appian Road. The basis for the reduction
is that we would only be recording a final map on
lots for 50 dwelling units of a total in the tentative
map of 203 lots.
The ' jhland Company Page 4
8. The City's moratorium on sewer permits has caused these
proposed changes in our construction sequence. The 52
lots for which we already have sewer permits have not
been released from our purchase money deed of trust
with Larwin. Thirty three of the lots (3 above) that
we wish to switch the permits to have been released
from the Larwin deed of trust. Due to the sewer
moratorium, we prefer to build on lots which have
already been released from the Larwin deed of trust.
Due to the uncertainty as to the duration of the sewer
moratorium, we believe it to be in the best interests
of the Highland Company and the city to record a map
on the 14 model lots, complete the 8 models that
presently lack interiors and sell them to homebuyers.
At the time these model units are sold, we would also
propose to deed the Recreation Clubhouse building to
the Homeowner's Association.
The utilization of the 21 lots south of the models
enables us to make use of the remaining sewer permits
which we now have. We require sewer permits on 2 extra
lots due to the fact that there will be 4 townhouse
buildings on the 21 lots and it is not practical to
change the lot configuration or the building size.
Please advise if you have any questions or desire further information
regarding this proposal.
We will appreciate your prompt response to our request.
Very truly yours,
THE HIGHLAND COMPANY
A PLANNED COMMUNITY DEVELOPMEN
SPECIFIC i'LAN
CARLSBAD, CALIFOHNIA
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TIBURC^/CARLSBAD HOMEOWNERS ASSOCIATION
2840 Avenida De Anita
Carlsbad, CA. 92008
September 26, 1977
Mr. Paul D. Bussey \
City Manager \;. . ^;
City of Carlsbad ^-c-___J-"'"
1200 Elm Avenue
Carlsbad, California 92008
Dear Mr. Bussey,
The proposed rescheduling of sequence of construction of
townhouses in Carlsbad Tract 72-21, by The Highland Company,
is fully supported by The Tiburon/Carlsbad Homeowners Association.
It would be in the best interest of all concerned, including
the City of Carlsbad, for the following reasons:
1. The Association would gain the use of the recreation facilities
consisting of swimming pool, wading pool and clubhouse, existant
but unused in the model-sales area.
2. Recreation, storage, maintenance and off-street parking
facilities would be constructed on Lot 284.
3. Occupied townhomes around the present model area and on
Lots 368 thru 388 and Lots 251 thru 283 would give an owner
presence that would reduce vandalism and trespassing in the
entire tract, eliminating many of our current problems.
4. The additional recreational facilities on Lot 284 and in
the model area, which had been promised by Larwin and would be
presently usable had they completed the entire tract, will be
greatly needed when we expand to 226 units. Our present recreation
facilities in Phase 1-A cannot accomodate this many families.
We urge you to give strong consideration and consent to this
re-scheduling which, after all, is merely a shifting of prorities
and is not a request for utilizational of utilities beyond what has
been allowed by the City. This would give effect to the promises
made by the Developer and the City in granting approval for
Tract 72-21 that purchasers of townhomes would have recreation
facilities adequate to fulfill their enjoyment of residing here.
Sincerely,
Tiburon/Carlsbad Homeowners Association
MEMORANDUM - October 26, 1977
TO: City Manager
FROM: City Engineer
SUBJECT: SEWER PERMITS - Request to Utilize Existing Sewer Permits on
Different Lots - Tanglewood. Applicant: The Highland Company
You have asked me to review a draft request (which has recently been formalized)
by Ed Fogel of the Highland Development Company to utilize 52 sewer permits
(issued on Lots 155 - 206 of Tanglewood Unit 1) on different lots. Please
refer to his letter dated October 21, 1977 for the specific lots.
BACKGROUND
The Larwin Company was the original developer of the Tanglewood project
(formerly Tiburon). The original project was for approximately 500 condo-
miniums in two units. The entire site (87 ± acres) was graded when the
Unit 1 map was recorded. A model complex, including six models, a recreation
building, swimming pool, and an 8-unit partially completed building were
constructed in the unrecorded Unit 2.
Building permits were also issued on approximately 130 residential units in
Unit 1. However, only 57 of these residential units were completed by Larwin.
Work on approximately 73 residential units was stopped after the plumbing and
foundation work was completed.
Most, but not all, public improvements were completed in Unit 1, and the City
has not yet accepted any of the improvements. Bonds remain in effect to
guarantee the completion of the work.
Approximately a year ago the Highland Development Company, in cooperation with
the Larwin Company, proposed to complete the intended project in smaller phases
(approximately 50 residential units per phase). Since that time the Highland
Development Company has obtained building permits for three of these phases
as follows:
Phase Ib - 48 Units, Lots 58 - 105 Unit 1, 90% completed
Phase Ic - 49 Units, Lots 106- 154 Unit 1, 50% completed
Phase Id - 52 Units, Lots 155- 206 Unit 1, not started
The developer's plan was to systematically complete approximately 50 residential
units at a time until the entire Unit 1 was built out and then record the Final
Map for Unit 2. It was the intent to record several maps of about 50 residential
units, each in the Unit 2 area.
This plan was formulated with City Staff's knowledge and before the sewer
moratorium. The plan proposed was logical at the time (in the absence of a
sewer moratorium) in that it utilized some underground facilities that were
constructed by Larwin (sewer, water, gas, electric, telephone).
MEMO to City Manager -2- October 26, 1977
RE: Tanglewood
The proposed plan left some of the amenities of the project for later phases
of the Unit 1 build-out. These unconstructed amenities include a camper
storage/open space area and three tennis courts.
Because of the sewer moratorium the applicant is unable to proceed with the
plan to build-out Unit 1 even though, by previous contractual agreement with
Larwin, the applicant must begin payment for the 33 lots (Lots 251 - 283) in
November, 1977. It is my understanding that there is no such contractual
requirement on the 52 lots (Lots 155 - 206) until such time as actual con-
struction commences.
The Tiburon/Carlsbad Homeowners' Association has written a letter dated
September 26, 1977 in support of the applicant's request to transfer sewer
connection permits to the other lots as indicated. From a practical standpoint
the applicant's proposal has merit. Aside from any consideration of private
agreements between the applicant and Larwin, approval of such a request would
have the following positive results:
1. Additional recreational facilities (tennis courts) would be
constructed and turned over to the Homeowners' Association.
2. Additional guest parking and camper storage areas would be
constructed which would benefit the new and existing residences.
3. Existing but unusable recreation facilities (swimming pool and
recreation building) in unrecorded Unit 2 could be connected to
utilities and turned over to the Homeowners' Association.
4. Potential City service problems (police and fire protection)
would be reduced if the existing model complex were occupied.
From a legal standpoint, there may be a concern that to allow a transfer of
these sewer connections to another part of an existing recorded map or to
part of an approved tentative map may be placing other developers at a dis-
advantage in that there may be other projects of equal or greater merit which
would not be considered for sewer allocation.
I am convinced that should the City Council deny the applicant's request, the
52 residential units for which building permits and sewer permits have already
been issued will be constructed.
Summary and Recommendation:
From a practical standpoint the request has merit; however, based on previous
Council policy, as outlined in the sewer allocation plan which is designed to
"retrieve" any sewer connection permits that are not diligently pursued and
MEMO to City Manager -3- October 26, 1977
RE: Tanglewood
any available sewer connections should be distributed in accordance with the
sewer allocation plan, I have to recommend against the applicant's request
for transfer of sewer connections from some lots to other lots.
On the request for sewer permits on the model complex (models, uncompleted
units, recreation complex) I recommend that these be found to be exempt from
the sewer moratorium. The findings for this recommendation are similar to
the recently approved eight EDU for the Palomar Airport Business Park; namely,
that the buildings were allowed to be constructed prior to April 19, 1977.
These buildings were inadvertently left off the list of building permits/
structures in process as of April 19, 1977
Tim Flanagan £/
City Engineer
TCF:ms
c: PWA
City Attorney
Planning Director
Building Director