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Home My WebLink About1980-10-07; City Council; 6382; Appeal of City Manager's DecisionCITY OF CARLSBAD Xnitial: AGENDA BILL NO. &3m Dept. Head DATE : DEPARTMENT: City Manager Subject: October 7, 1980 City Atty. \F& City Mgr. APPEAL OF CITY MANAGER'S DECISION TO REQUIRE STREET IMPROVEMENTS 8E CORNER CERE20 AND LclS ROBLES Statement of the Matter Municipal Code Section 18.40 et seq. requires anyone building or enlarging a house to dedicate and construct curb, sidewalk, and street improvements to city standards. The Code authorizes the City Manager to defer public improvements if he finds they would be incompatible with the neighborhood or for other reasons. The property owner may appeal to the City Council if he disagrees with the City Manager's decision. A new home is being built on the southeast corner of Cerezo and Los Robles. The lot was graded in 1956 and does not meet present grading standards due to the fact that the slope extends 12 feet into the street right of way. A building permit was issued and the owner was required to sign an agreement to install sidewalks and curb at a later date. Because of complaints raised by neighbors, the City Manager reviewed the case and ruled that a 3 foot retaining wall should be built 5 feet from the proposed curb line in order to allow construction of a future sidewalk. It was felt that an 8 foot retaining wall at the property line would be unreasonably expensive and unsightly. The property owner objects to construction of the retaining wall and is appealing to Council. The Council has discretion to: Alt. 1. Require a 3 foot retaining wall costing $2500 (City Alt. 2. Defer any work on public right of way subject to signing Alt. 3. Require an 8 foot retaining wall at property line at a Manager's recommendation). an agreement to improve at a later date (owner's request). cost of $10,000. Exhibit Staff report with sketches Municipal Code Section 18.40.040 - 18.40.110 Recommendation That property owner be required to provide a 3 foot retaining wall at location behind future sidewalk. AGENDA BILL #6382 Page 2 Council Action: 10-7-80 Council continued the matter to a date when appellant could be present. 10-28-80 Council granted the appeal and approved A1 ternate 2 1 isted on the Agenda Bill. TO : Les Evans FROM: Jim Cento DATE : September 29, 1980 SUBJECT: SLOPE IN CITY RIGHT-OF-WAY AT 5400 LOS ROBLES DRIVE, LOT 139 TERRAMAFt UNIT 5 The owner of the above lot is currently constructing a house there. The lot has a 1P:l slope extending upward from the curb approximately 12 feet. Apparently, City policy in the mid 1950's was to allow slopes in the right- of-way, as there are numerous instances of this in the Terramar Subdivisions. Current policy is to require developers to grade the rightbof-way at a 2% slope toward the street. There appear to be three alternatives the City can impose or allow in this case to best serve the City and protect its interests. First is a solution suggest,ed by the City Manager. owner to construct a retaining wall 5 feet behind the curb line in order t,o leave room for future installation of sidewalks along Cerezo Drive. is consistent with some locations in Terramar as there is a wall similar to this option directly across Cerezo Drive. mately 3 foot high. This would require the This The wall here would be approxi- Secondly would be to allow the slope to remain as is, while requiring the owner to take precautions against erosion of the slope, and enter into a future improvement agreement with the City for construction of a wall as outlined in the first alternative and to construct a 5 foot P.C.C. sidewalk at a future date as required by the City Engineer. This alternative would also be consistent with other existing corner lots in Terramar as evidenced by the northwest corners of Los Robles Drive and Cerezo Drive, and El Arb01 Drive and Cerezo Drive. Lastly would be to require the owner to grade the entire right-of-way at 2% toward the street. This alternative would seem to be the least desirable as it would require an 8 foot 2 high wall which would be very expensive and probably unsightly. I have attached drawings of the three alternatives as the owner of the lot, I&. Christian Julliay, is planning to appeal the City FJanager's requirement that he implement the first alternative. JC : Is Attachment ALT 1 DR. ._ I 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008 TELEPHONE: (714) 438-5621 citp of carlsba’b October 22, 1980 Mr. Christian M. Julliay 357 Elkwood Street Imperial Beach, CA 92032 Re: Appeal of City Manager’s Decision to Require Street Improvements at S/E corner of Cerezo and Los Robles (5400 Los Robles Drive, Lot 139, Terramar, Unit $15) Per our previous conversation, please be advised that the above matter has been scheduled before the Carlsbad City Council on Tuesday, October - 28, 1980, in the Council Chambers, 1200 Elm Avenue. The Council Meeting will begin at 6:OO P.M. This matter appears as Item No. 32. When your appeal is presented by the staff, you will be given the opportunity to also make a presentation to the Council. Should you have any questions, please feel free to contact me. LEE RAUTEhXRANZ City Clerk LR:ks cc: City Engineer .- 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008 October 2, 1980 Mr. Christian M. Julliay 357 Elkwood Street Imperial Beach, CA 92032 Re: Appeal of City Manager's Decision To Require Street Improvements At S/E Corner of Cerezo & Los Robles (5400 Los Robles Drive, Lot 139, Terramar, Unit #5) Appellant: Christian M. Julliay TELEPHONE: (714) 438-5621 Please be advised that the above,matter has been scheduled before the City Council on Tuesday, October 7, 1980,e++r00 P.M. in the Council Chambers, 1200 Elm Avenue.' '2. k This matter appears 2s Item No. 27 on the Agenda, add a copy of the Agenda 5Lll is enclosed. When your appeal is presented by the sczff, you will be given the opportunity to also make a presentation to the Council. Should you have any questions, please feel free to contact me. LEE RAUTENKUNZ , City Clerk LR:adm Enclosure cc: Les Evans City Engineer 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008 October 30, 1980 Mr. Christian M. Julliay 357 Elkwood Street Imperial Beach, CA 92032 Re: Appeal of City Manager's Decision to Require Street Improvements at S/E corner of Cerezo and Los Robles TELEPHONE: (714) 438-5621 Please be advised that the Carlsbad City Council, at their meeting of October 28, 1980, granted your appeal and concurred with your request to defer any work on public right of way subject to the agreement to improve at a later date. If you have any questions regarding this matter, please do not hesitate to contact this office., LETHA L. RAUTENKRANZ City Clerk ALR:krs