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HomeMy WebLinkAbout1982-04-20; City Council; 6978; PAPAGAYO - RESPONSE TO CITIZEN PETITION.rl 6' [I) 5; gg ciTlOaF CAR~SBAD - AGEND~LL *4J t 4 -1 er.4 ! ua, MTG. 4/20/82 as wc, rd 0 4 RECOMMENDED ACTION: Staff recommends the following: 1. Traffic signal at Jefferson and Tamarack shall be bonded an *hi? 8s - 338 a$$ $2: and allow their completion. All other buildings to be 2 Lo constructed shall meet the building height requirements oE ?5! gI.0 the existing code. I-lW r= -7iw 0 be installed when warranted by traffic conditions. construction (i.e.r framed) meet the original city approval 2. The Council find that the buildings currently under ITEM EXPLANATION @J u 04 -I+ In February a petition was sent to the city by residents living $85 residents questioned: .r( Q) %5l4 1. Street improvements along Chinquapin Avenue, me 2. Approved traffic signal at the intersection of Tamarack 6.5 'G [I) Avenue and Jefferson Street. 3, Building heights for the buildings presently under con- struction. rdrd adjacent to the Papagayo project. In this petition the Sr.4 89 E ?u$ O[I)&4 pa) 85 %.A bo Staff has made an extensive search of all of the available records and consulted with a number of people who were involved Engineering Department and Planning Department detail the staff q-la 4J mc [I)w$ in the original approval. The attached reports from the O% M[I) a.4 rd %a 2 4.5 rd u g2G rn-r.4 On April 5th approximately a dozen of the residents who signed the petition attended an informal meeting held by staEf at the Council Chambers. At that time staff presented the information contained in the reports attached to this agenda bill and answered questions frDm the audience. The people in attendance appeared to be satisfied with staff's responsep but informed project to the Council. *rl 0%$ hl staff that they desired to express their concern about this 4- In summary, given all of the available evidence it appears to co 1 0 a staff that the buildings have been constructed and are being constructed in accordance with the plans approved by the city. 3, Report from Acting City Engineer to Assistant City Manager/ 5, Exhibits "A" - "C" 6. Memo dated March 26, 1982 from Building Department to Planning Department a 1) .. .- ti , s. '7% ' 4.' February 9, 1982 filayor Packard and City Council. via Frank Aleshire, City Manager Carlsbad City Hall Re: File Eo. 3U Papagayo Jkvelopxent Dezr Sirs: This Correspondence is in regads to the Papagay0 D&velopment adjacent to Chinquzpin P-ve. in Carlskd. Infonation contained in this letter was I' obtained fmrn files cn record at Carl.sbad City Hall in particuliar File Kl 31~ e The original file date of this project dates back to June 1972, This pro was approved in 1974 over the Objections of the City Planning degsrtment, Some of tr~e Objections were: 1, Traffic congestion on the street which serve it (ljocuiient #3l34 July 16, 1974 Kesolution 1G740) 2, According t Resolution $786, a developnent sbotdd reflect a intent of the General PLa in -this ae2 and the proposed project should 'not be a detriment. to the surxounding properties, Tnis project was also approved over the objectic protest of well over one hundred local residents as shown in the file CT According to the Phzse Kzp on fife, (see zttached) this is the re-approvc: one ad not the originpi Phasing which the City Cour.cil approved back in the project was broken down into five developentd phases, Phase 1 ad ;ire now complete and Phase I11 is under construction at present, Gr-cldin! ha-ve ?xen submitted for Phase I'J, &ase V or1 the lagon has not been st; as of yet. According .e0 Document Tiurnher 9401 (dzted July 1974) :1;1 (3)$ I Signals at Jefferson Street ayd Tmaraclc Ave. are required as part of 1%; This signal is not presently in existace. If there is io be a si3.1dy dol traffic flow in regards -tm the traffic signal we xould like to rquest a study on the traffic congestion we feel 1mulr3. result on Chinquapin Ave. ' to the proposed developent, Also required under 9401 $4 (C) -- Fu3.1 stree ' improvements (curb, gutter, sidewalks) over southerly 32 ' of Ch i3oc-pifi between 1-5 mcl. Iiailroad are to be completed prior Lo occupany of haue $'e wuld.idso. :like toG;.lquection;,how. a...developer.czn .get approval to build raikd grade .and tbqn:;~.~tc2-=.,~,.:~ue~tionabt,e ;,height . . lirilit': -. According to c latest' city 'building code, Section 21 .Oi,065 (l+diIding ~{eights) in the c where retaining walls or fill grading 'are utilized to create fini.slied &Y higher in elevation than preexising grade, then .preexisting grade shall used in the detemination of buildk?z or structure height, Preexisting means the ground level elevation which existed prior to ,my site prepar; . related t~ or tx, be incorporated into, the poposed new ilcvclopmcnt, 01' : ation (Ord, (j490), Cornpliance with thi6 ~>rdi.~ance is hi&hly su:;pect. This letter should raise the queution as to vhether certain verSal or u1 docurnentcd specid considerations have been crmtcd 'b Nr. IJ;irry liun ts the past v \:e rrould 1 ike to krow IIOV such a development could be :i])pl-ov City CounciZ. mci since years have psseci and our city ha3 ehnrlgcd, cere conditions r;?ioultl I)? bl-ouEht 111) to Gate. ',&le still feel oUtra[,cd ))OW ii of tot;n cjcvel.opc-r c;?n cone into our city aytl our single family tlo:rtc n.i hood xd {;ain :tppi.uv:?l of i~ hich rise con3e project. . .. . "ES(1IIBIT 1 " -_____.-. ---- (111 a* 9. 2 Page 2 It is certainly' psoible that, the rcquirernents ard stipulations for this project could have been axursed in a sea of paperwork at the Building Deyatment 2nd possibly overlooked or forgotten, but we feel it is the mora3 obligation of -the developer to abide by the conditions that he agreed "io, As long time residents and taxpayers of the City of Carlsbad, your respon to OW inquiry wuld be zpprcciated. cc: Plznning Dept, cc: Engineering Dupt. cc: Coxjtal Corrmission BY OUR SIGKATU'HZS: N AKE %c: City Attorney f FDDRESS c - /f (2 @{2@u!Y.-- 5-30 &AJ-T - tf &AQf-J fl#pGtL--- &mb J$J)J$2 $U&jZd+JW? p3-7 I I( f< 5/3* &L&9/ CdLLd-Sl l?.dwz4 * -0 --- yo-'" /4aJJud- oR &7uJ&& W7d I( 7Y&-d3cn,. *c (f oy 4130 /Awx!o~O~ @~~~m~ IP r'O /f/.I?6 bwJ$ GW, e4 9 8"d,-wd *q, QG&\> df- od&.fu~~u~r&~JiL- ' 'C ~11371 d{cUh-f~~ & CQ, b 0 e' \ f' ' Continued siflatures of the ~spzgayo Development/in protest to. . . D o. *.. . r&J v/)(lDE 4125- UORQ1JW4, fil\.,\rL &b)b5 l30u B kp' q(-J>FJ (-j(y k2C.r- GI-.& 2(;yL k\.s+yboim by b yir * - . r ),&-& bl&&&.i-- ;-I I 5; (3 11% -Lpp- Ai.%, io 3 L \ flwffl v/l - 1118 4hk3awicS fit F-taY1QS +-IGb5 . I/ t fJ* y- " (t- - %-4 Mt20 %dy yldll 132,IS. %c LJu4 \cv--. L1.1 G c Lydi-&- aiw" if&+[<. /-& . ,44$/ I &a y &z+ @ /jvJ=- /$$f47~!,9j%N &/Jc 38 o/ f / .li A:; & 2f 3L @./L '--'ALL- /L ._ j '.! . Ji.%i $22 V [/* / L 5 4.12 < 42 z &>,fl L2y:- 3 3p2. c" & A Td3 L CL&-. 17 1'4 5% I\!W J\&- $ 1' J -_ p, 2f: ,!'t i (LA ; A- (2 i c/ / .* L, ,/+p * fi/ rl/ =-x, - /L e: [ L - - .J,. z ~,~JL&hi Q /"TL, - f- ~ zb L \ G.,s*3 i. \.. p?!.(- \ -*-J2,; JJ , - &2,YJ c r,m c\L""-!;uL ';" i 3\& I '3 .- la j. ', r' 3 "3 7 3 * * i- '- ..<,.J-"/c- \* i2rA \)k& J 2,.\ (/+.?Jl---, . . . * (& e .. .m;?4 A+! , I-- - *, I f. - ,. .. , . m, 0 b. * 4'- I< ME MORAN D U - PI DATE : March 25, 1982 TO : Frank Aleshire, City Manager FROM : SUBJECT : Papagayo Building Height Determination This memo is in response to the petition sent to the city on Feb- ruary 9, 1982, by residents living adjacent to the Papagayo pro- ject. The petition questioned street improvements along Chinqua- pin Avenue, a proposed traffic signal at Jefferson and Tamarack and building heights (see attached petition). The attached memo from the Engineering Department discusses the first of two con- cerns. This inerno will discuss the building height issue. Speci- fically, the petition asked: Jaws C. Hagarnan, Planning Director &/ "how a developer can get approval to build on raised grade and then go to questionable height 1 im i t ? 'I In an attempt to answer this question, staff has made an exten- sive search of the city's files dealing wit11 the Papagayo project .and talked to a numbcr of people who were involved with the orig- inal app.'roval. This research revealed that there are no written records or officially approved exhibits discussing or illustrat- ing the heights or' the buildings. Staff. has received conflicting information froin people who were present at the time of approval regarding the allowable height of the buildings. When the Specific Plan and Tentative Map for this project were first approved in 1972, the P-C zone, in which it was located had no heiqht limit. Building heights for projects within the P-C . zone were deternined on a project by project basis. After exami- ning all of the available evidence, staff feels that no specific building height was cstabli.shed for this project at the time of approval e The applicant has submitted a rendcring of the site which shows four-story buildings and claims that the city approved that Pro- . ject. The applicant also submitted an article from the June 18, 1972 edition of the San Diego Union which showed this rendering as the approved PilpaqalTo project (see Exhibit A). Staff has received a Tentative tdap for the project from planning Corninis- sioner Jose, which showed elevations in one corner of the plan (see Exhibit "13"). One of these elevations showed a four story building constructed adjacent to a ixound, the saine as I.. * is ' "EXHIBIT 2" ---,.-._1- e e existing today. Commissioner Jose also gave staff a cross section of the site which showed mounding and four-story buildings (See Exhibit C). Both of these plans lacked any offi- cial approval stamp from the city of Carlsbad. The mounds upon which the buildings are placed seemed to have been an original part of the plan because the project descriptio portion of the Environmental Impact Report for CT -72-13 states: "Additional earthwork will. create east-west longitudinal mounds upon which dwelling units are to be built. The mounds will have a maxi- mum elevation difference of 20' above the existing terrain. The maximum height of the units con- structed on the mounds will be 15'-18' above finished grade." The existing buildings and the buildings under construction on the mound appear to conform to the exhibits staff has found, but are substantially higher than the 15'-18' height stated in the Environmental Impact Report. Staff has no explanation for this discrepancy, other than the Environmental Impact Report was not an approval document. The buildings that have been constructed on the mound have a height of approximately 40.5' as measured using today's Zoning Ordinance. All of the buildings on the flat portion of the site are less than 35' in height per Builidng Department memorandum dated idarch 26, 1982. Again it appears these buildings were constructed according to the originally approved plans. In summary, given all of the available evidence it appears to staff that the buildings have been constructed and are being constructed in accordance with the plans approved by the citye RECOMMENDATION Staff recommends that Mr. Hunts be allowed to continue the con- struction of all buildings that have already been framed. The Building Department should closely monitor the construction of the remaining buildings on the flat portion of the site to make sure that none of them exceed a height of 35' as defined by our existing ordinance. This may require some minor modifica- tions in the roof pitch for several buildings. -2- m 0 Staff realizes that this is probably not the answer the people who signed the petition were hoping for. We realize that this project was approved years ago and our city has changed. However, the construction of this project has been delayed by events that Mr. Hunts has had no control over. JCH :MH: rh Attachments 1- Petition dated February 9, 1982 2, Memo from Engineering Depdrtment dated February 23, 1982 3. Exhibits A-C .. -3- 8. i, .. _-- L JCh.UU,LIk 7 i f: E r; r.2 ri < ,? ,. : & ,, ;I i'" .... a PI EM 0 RAND U M 'e . - -;! . GATE : February 23, I982 CITY OF CP2.S Developmental Sa TO : ASS; sts~t City Managei-/Developmcntal Services FROM : Act i ng C i ty Eng i neer o,+? SUBJECT: LETTER OF COMPLAINT FRON F~ES I DENTS ADJACENT TO THE PAPAGAYO DEVELOPMENT (CT71f-22, SP-3lA) Summ ry 1. -- Construction of the traffic signal was deferred by the City Engineer and currently does not yet: meet traffic signal warrants. Construction of half street improvements on Chinquapin Avenue have been .. bonded for and will be constructed concurrent with Phase IV of t!:c pro- ject (which bas not yet started). 2. Background On February 17, 1982 the Engineering Department'received a COPY of a letter of complaint, dated February 9, 1982, concerning the Papagayo Development (CT7b-22, SP-31A). There were two points of concern to the Engineering De- partment raised in the letter. .. .I. Construction of a traffic signal at the intersection of Jefferson Stree and Tanna rack Avenue. 2. Construction of half street improvements o.n Chinquapin Avenue between 1-5 and the AT&SF tracks. Discussion The revised Specific Plan 3lA covering the overall Papagayo Developnient states per Conc1it:ion 43 of Ordinance ?!o. 9401, dated August 20, 197't, that the traffic signal at Jefferson Street and Tamarack Avenue shall be reyui re.' as part of Phase I. Additionally, Condition b!o. 8 of Resolution No. 3602 approving Carlsbsd Tract 74-22, dated btarch It, 197'1, requires that the develop?r sl-la1 I instal 1 a traffic signal at the above mentioned intersect io (neglecting any reference to phase). Prior to the approval of the Final Map for CT7h-22, the developer did enter into a scc~ii-ctl agreement For the cor?iplction of the traffic siqnsl within ~7 36 r:ionth time limit. Sincc the signal ha:; not yet been con:;triictcd, the agrcment is currently in ticfault. It wouId appear that thc previous City Engineer aclriiinir;trat ivcly iIcfcrrod the construct.ion of tIic signal to a )at( pfisse duo to ;3 lack of sigii<-11 w;Irr-ants for t.1~ iritcrscction, al tliouqh there is no support in!) docuiner1t;it ion for this conclusioti in the 1'rojcc.t fi IC- - #*- P - "EXI-1 J 13 IT 3" . 8. * -2- a P -* ' Engineering staff has re-examined this inversection for signal warrants and determined that the signal is still not warranted at this tine. It is there- fore reconirnendecl that the following be done concerning the traffic signal : 1. Have City Council change the specific plan condition to read that the signal shsll be installed i3rhen warranted by traffic conditions. 2. Update the bond and extend the time 1 init for another 3 years. 3. Have the developer design the signal now and submit approved plans prior to occupancy of Phase IV of the development. implementation of these recommendations wi 11 provide for the safe and effi- ,cient flow of traffic and ensure that the signal will be installed as soon as possible after the warrants have been met. The other Engineering concern noted in the letter was the installation of pub1 ic street improvements along the south half of Chinquapin Avenue. Condi- tion No. 4C of the SP-3111 approval states that the full half street irnprove- ment of Chinquapin Avenue between 1-5 and the AFGSF Railroad tracks shall be installed prior to occupancy of Pfisse IV. In addition., the condition states that the improvements in front of the Phase 111 area shall be installed prior to occupancy of Phase 1. This latter condition has been satisfied with the exception of the sidewalk improvements which are to be installed after the Phase 11 units to avoid damaging the sidewalk during construction. Plans for the construction of the remaining required improvements hhve already been approved by the City and updated bonds and agreements received. The plans provide for the construction of all curb and gutter along the southern half of Chinquspin Avenue including the portions of missing curb not immediate adjacent to the project site. Although the plans do include sidewalks adjacer to the project site, they do not show them along the remaining street frontage adjacent to existing residences. It can be assumed that the previous City Engineer did nut interpret the condition to mean the instal lation of sidewalks in front of' the existing residences. In any case, the installation of the sidewalk in this portion \,,auld necessitate the removal of some trees and othe landscaping which may not be desired by the adjacent homeowners. It is there, . fore suggested that the previous interpretarion be upheld unless the adjacent residents rake a specific request that the sidewalk be installed. Previous discussions with the developer indicate a t./illingness to comply with the City on this request should we ask for it. .. .. RHA: DAH : 1 s Attachment: Pspngayo Phase Plan $.*. ':. ,. I I' r <,a IT .. v ... n 8 ..{.. '. -. ?.' . ... /\ , 8 3.36 ? '. , E '12. 1-1 1 WlT - .. .. . *,. , .. . ,. , . .. x, , ' '. / _, I ~- &---. .. , .* .. *. a -* -. MEMORANDUM DATE: March 26, 1982 TO: JAMES tiAGAf4AN 3 PLANNING DIRECTOR FROM: Ruilrting Official SUBJECT: BurmrjG tiEICtii-/PAI'P,GAYO DCVELOPHENT/ JEFFCRSON AND CtIINQUAPIN On Eclarch 25, a physical building height measurement was taken at the above referenced project . Results of txis measurement are as follows: , BIIILDSNG NUI4RER _- I__ .HEI'GHl - TO GRADE 13 33'3" 15 33'9 58 34'6'' 19 34'9" Buildings 21-21/2-22 and 22A were not measured since they are exactly as high as previously approved adjacent structures. Exterior grade elevations were establ ishcd by the Engineering department usirg top of curb on Chinquapin as the reference point. t-Ieighi. elevation measurcmeiits were taken from the average height of the highest gable of the pitched roof. Our conclusion is that none of the buildings rncasurcd exceed 35' above grade. This conclusion is valid whether we establish grade based on past or current ordinance criteria. __I_ &@&T-- - - - . ---- 1- !LxDCElVED I4ARTlii ORENYAh a Building Off ic-inl I VIAL 2 11 :x? * ~cvc~opincrii;:~ Services t MO/ CJ 1 c c ; A C N/ 1) c v e 1 (7 pi11 (: n t CI TY OF CP$l-S!3/\D I -- - 7nq8 a Y/w%=-L y/J Q/FA