HomeMy WebLinkAbout1985-06-11; City Council; 6995-3; TENTATIVE MAP EXTENSION CARLSBAD TRACT 81-19 SHEFFLER. -
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CL17,1F CARLSBAD - AGENDE :ILL 4 L,' .--- -I-a
TENTATIVE MAP EXTENSION AB#-- TITLE
MTG. 6/11/85 ENG j- : CARLSBAD SHEFFLER TRACT 81-19 .I"" DEPT.- - CiTY k5G
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RECSMMENDEB, ACTION:
Adopt Resolution No, rO.3f approving a one-year extension of time
Tentative Map CT 81-19, including CP-199.
ITEM EXPLANATION:
Carlsbad Tract 81-19 is a 50-unit subdivision located on the northwest CI
of El Camino Real and Chestnut Avenue. This project consists of a 51
single famiy residential area and a 33 unit condominium area. The s
family portion of the project has a density of 2.6 dwelling units per
which The condominium portion o
project a density of 7.9 dwelling units per acre which is above the
density of 7 DU/Acre. The Applicant is requesting that the tentative rnq
extended until May 18, 1986.
The tentative map was originally approved on May 18, 1982, per Resolutioi
6876. A one-year extension of time was granted on May 18, 1984,
Resolution No. 7582.
Although the condominium portion of the project is slightly above
density, the lower density of the single family area creates a tr
generation of 32 trips per day less than what would be expected with
areas at mean density.
Total traffic generation from the project during the peak hour would
trips -- not enough to significantly impact the intersection of Che
Avenue and El Camino Real.
is below the mean density of 3 DU/acre.
has
.- Celinda Drive, Sara Way and Maria Lane which together form a cul-de-sa
not conform to the City's current cul-de-sac policy (72 units versL
policy limit of 50).
will connect through northerly to a connection with Elm Avenue or Ridge
Drive.
However, that is a temporary situation, as Celinda
The Applicant agreed to pay Public Facilities Fees with the ori
application. Planning and Engineering staffs have reviewed this projec
recommend the Developer execute the revised Public Facilities Fee Agreeme
required by Council Policy No. 17. The Subdivider has signed an agreeme
waive a prohibition of new conditions.
FISCAL IMPACT
This project is estimated to generate sewer connection fees of approxii
$50,000.00 and Park-in-lieu fees of approximately $32,700.00 (50 single
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Page 2 of Agenda Bill No. Lq23/-*!
detached at $659.00 per unit). The exact amount of Public Facilities Fee
unknown until the applicant submits applications for building permits.
project should also generate Water Capital Fees estimated at $44,000.00.
No detailed economic impact analysis of this development has been condu
While increased operating expenses related to this development are expect
be offset from increased tax or fee revenue, no exact percentage of offse
be predicted.
EXHIBITS
1. Letter requesting extension, dated April 16, 1985.
2. location Map.
3. Resolution No. 80.91 approving a one-year extension of time for Tent
Map CT 81-19, including CP-199.
4. Memorandum from Land Use Planning dated May 24, 1985.
5. Subdivision Map.
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RICK ENGINEERING COMPANY I !%"Ck~L"%'&'iAE
3088 PI0 PIC0 DR. SUITE 202 CARLSBAD, CA 92008
P.O. BOX 1129 PHONE AREA CODE 619 729-4987
April 16, 1985
City of Carlsbad Engineering Department
1200 Elm avenue Carlsbad, California 92008
RE: MAR Y MONTANA, TENTATIVE MAP EXTENSION, C.T. 81-19
Dear Staff:
On behalf of our client, Sheffler Brothers, I would like
to request a one year extension of time on the above
tentative map. This map is due to expire on May 18, 1985.
If have enclosed the following items necessary to process this extension.
1. Check in the amount of $382.50 processing fee.
2. Executed public facilities agreement and waiver of conditions.
3. Current title report.
This would be the second extension of time for this project
If you have any questions, please call.
Sincerely,
we* Robert C. Ladwig
RCL : rc
Enclosures EXHIBIT 1
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L LOCATION MAP
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PROJECT NAME
- CARLS0AD TRACT 61-19
PROJ. NO. crBl-/4
'I a 0 .*. t.
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MEmRalixlM
5/24/85 _-
To:
E":
HE:
The City Manager requested our input on possible map extensions for CT 81-19
e *rrien, Principal civil mqineer
Charles Grh, Principal Planner &=
Map Extensidns CT 81-19 (Shefflef), and CT 83-5 (CRC/La Ccjsta Pmpertie:
and CT 83-5. Our -ts ZUE a~ fOllWS:
CT 81-19 (Sheffler)
&is project was a mixture of single fely detached and candiminium
units.
and RM (4-10 du/ac)
lots at a density of 2.6 du/ac, below the man of 3 du/ac.
condminium area had 33 units approved at 7.9 du/ac.
No. 7872. Your departmnt would have to determine if there are umitigable traffic impacts now affecting this area. That my 5e asked by Council.
No additimal conditions are needed by our departrrent.
The project has two general plan designations on it, RLM (0-4 d
The 4.15 ac
The €UM area was approved with 49 single family
This is above
the man density of 7 du/ac established for this desiqnatim by policy qtraffic study done in 1982 by Richard Allen is attached.
condo units. It
it would not be
decision and at 12.6 du/ac
ons are necessary frm our
If you have any questions please feel free to call me at -5649,
AttdchRExItS
1) %port frm Traffic mgineering
2) zcmingMaps
EXHIBIT 4 cG:bnb
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MEMORANDUM - FEBRUARY 16, 1982
TO: ANNING COMMISSION
FROM : PRINCIPAL CIVIL ENGINEER \
SUBJECT: TRAFFIC ANALYSIS - CT 81-19 (SHEFFLER)
BACKGROUND: This 82-unit project was before the Planning Commission on January 27, 1982. Major concerns were possible traffic increase on Janis Wa. and the effect of project traffic on Chestnut Avenue. The Planning Comrnissil indicated their desire to eliminate the thru street to Janis Way and directel that a traffic analysis be prepared.
DISCUSSION: This report will discuss: 1. Traffic with Street A connected
to Janis Nay: 2. traffic with Street A ending in a cul-de-sac: 3. the come quences of a cul-de-sac subdivision; and 4. the effects of the project traff on Chestnut Avenue.
1. Thru-street to Janis Way: The subdivision will aenerate 754 trips. It is estimated that 614 of these will be via Chestnut Avenue and 140 will be v Janis Way. Existing trips on Janis Way just east of Donna Drive are estirnat at 230. However, it is expected that about 140 trips from the existina Jani Way and Bedford Circle will exit throunh the subdivision to Chestnut Avenue. Thus, the total exiting the subdivision from Street A at Chestnut Avenue is trips while those on Janis Way east of Ponna Drive will remain the same at trips. No additional trips are expected to use these streets while passin! through the area. The reason for this is that to be an attractive shortcut route should be 1. shorter in length, 2. more convenient to use or 3. (mos. important) shorter in time. This route with its numerous bends, driveways i intersections, parked cars and narrow width is none of these.
2. Street A is a cul-de-sac: The subdivision will qenerate 764 trips (10 I
units--representina 110 trips--are on Janis Way. The remaininq subdivision will qenerate 654 trips all of which will be via Chestnut Avenue. Traffic i Janis Way east of Donna Drive will be 340 trips (230 existing + 110 project Thus, it is anticipated that this design will result in fewer trips exitinq Chestnut Avenue than the previous one.
3. Cul -de-sac subdivision: The Enaineerinq Department has just completed cul-de-sac subdivision policy. Subdivisions that have only one entrance pa have the potential to be cut off if an accident, earthquake or flood block entry point and also have operational problems in providins adequate police fire service. The cul-de-sac policy establishes a set of conditions under it is acceptable to have only one entrance while providfnq adequate traffic circulation and fire access. The followinq chart shows the Dolicy maximum? a residential street and the proposed subdivision comparisons:
than before due to the addition of 1 unit). However, eleven of the dwellin(
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- 2- Traffic Analysis - CT 81-19 (Sheffler)
Pol icy CT 81-19
a. length OT street 120Q 1350
b. traffic volume 500 654
c. number of dwelling units 50 72
As can be seen, the subdivision exceeds all the maximum conditions and does not meet the policy requirements to be a cul-de-sac subdivision. This is on1 of the reasons why a street connection to Janis Way was originally recommend
However, there are two mitigating circumstances! First, the condition is expected to be temporary as Street C will eventually qo through to another street. Second, if the entrance street were a collector street (no driveway the subdivision would easily meet all criteria for that condition (see cul-d sac policy attached). No driveways exist on the east side of this street to hamper traffic inbound from Chestnut Avenue.
4. There are two important factors to consider he street capacity and the interruption of flow due to the added intersection.
Capacity: Chestnut Avenue is a collector street which is substandard in thr areas: a. it is narrow (24 feet of pavement), b. the existing traffic volt. of 9109 daily trips significantly exceeds the design maximum of 5000 c. a horizontal curve with a radius of only 200 feet exists just east of Can Drive (a collector should be 300 feet minimum).
As a part of the proposed subdivision, the road will be rebuilt to nearly secondary arterial standards. A minimum of 72 feet of widening will be accc plished (ultimate will be 48 feet curb-to-curb), the horizontal curve will I flattened to a radius of 547 feet and the vertical curve just east of Cameo Drive will be lengthened somewhat. The new intersection will be 500 feet f, El Carnino Real and 600 feet from Cameo Drive (600 feet is secondarv arteria standard). The new intersection is on a straight section of road and visib
will exceed the standards for a secondary arterial. The street will be str for a left turn pocket into Street A and possibly Cameo Drive, if there is adequate width at that point.
A secondary arterial can handle 5000 - 20,000 trips, meaning that the stree improvements will provide for improved circulation even with the additional traffic from the project. Chestnut Avenue is unique in that it is probably experiencing peak traffic flows now. As future development occurs east of
El Camino Real additional streets will open up (Elm Avenue and Tamarack Ave to handle this traffic. In this regard, Hosp Way has just opened between E Camino Real and Monroe Street and Monroe Street is expected to open through Marron Road in March. That intersection will have a traffic signal install
by late summer.
Chestnut Avenue traffic:
and,
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- 3- Traffic Analysis - CT 81-19 (Sheffler)
A total of 654 trim are exDected to enter and exit tl
8 trips are estimated to be left turns. It is primarily the le turns out of the project that will cause the interruption of flow. Generall:
a volume of 1100 vehicles per day from the minor street-either throuah traff or left turns--are required to meet the traffic sianal warrant for interrupt of flow. As there are no through trips across Chestnut Avenue, the 328 left turns represents only 30% of the warrant amount. Therefore, the interruptions
estnut Avenue. Of these, two-thirds of the outbound
will be relatively minor.
CONCLUSIONS :
1. The subdivision does not meet the policy for a cul-de-sac subdivision. However, as the condition will probably be temporary and as there are relatively few driveways on the entrance road, the Planning Commission
may wish to find this subdivision acceptable as a cul-de-sac.
The street improvements to be constructed will bring Chestnut Avenue nearly up to the standards of a secondary arterial. ments, Chestnut Avenue will adeauately handle both the project and
existing traffic from both a volume and interruption standpoint.
2. With these improve-
w&f@-+
RICHARD H. ALLEN, JR. Principal Ci vi 1 Engineer
RHA:mmt Attachment: Enqineerinq Department Cul-de-sac Policy
C: Catherine Nicholas, Planninq Dept. Kim Howlett, RECON
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a- LOC.,a It ON AP *
ZC-255
CASE NO. CT-FL!L€kB9
APIPLI C A N?N VICINJTV MAP .
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PLAT OF PROJECT
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PROJECT MAME woo
CARLSBAD TRACT 81 -1 9 CT &\3
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RESOLUTION NO. 8071
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
AN EXTENSION OF TIME FOR TENTATIVE MAP
81-1'9 SUBJECT TO CERTAIN CONDITIONS..
WHEREAS, Section 66473.5 of the Subdivision Map
provides that a tentative subdivision map may not be apprc
unless it is consistent with all applicable general
specific plans; and
WHEREAS, the City Council of the City of Carlsbad on
18th day of May, 1982, adopted Resolution No. 6876 approv
with conditions, Tentative Map CT 81-19; and
WHEREAS, the City Council of the City of Carlsbad on
18th day of May, 1984, adopted Resolution No. 7582 exten
Tentative Map CT 81-19, including CP-199, for a period of
year to May 18, 1985: and
WHEREAS, Tentative Map CT 81-19 is now inconsistent
the General Plan of the City of Carlsbad because the
Council has found that public facilities are inadequate; ar
WHEREAS, said Tentative Subdivision Map will expire or I
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I 18, 1985, and the Applicant has requested an extension of
which cannot be approved unless the subdivision can be br
into conformity with the General Plan; and I1
WHEREAS, the addition of certain conditions of approv
the subdivision will allow it to be found to be in confo
with the General Plan and the Developer has requestec
I imposition of such conditions and agreed to comply with
and
WHEREAS, the approval of an extension of Tentative F
81-19 subject to such conditions, in lieu of denial of thc
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will allow the project to go forward avoiding
unnecessary delay to the City and to the Developer invol
with denial- and the new application which would the1
approved subject to the same set of conditions; and
WHEREAS, both the Developer and the City wish to ex
the map subject to the additional condition;
NOW, THEREFORE, BE IT RESOLVED by the City Council of
City of Carlsbad, California, as follows:
A. That the above recitations are true and correct.
8. That Tentative Map CT 81-19, including CP-199
hereby extended for one year from May 18, 1985, to May
1986, subject to the execution and fulfillment of alJ
conditions of Resolution No. 7582 and the following addit.
conditions:
(1) This approval is expressly conditioned on the pa;
by the Applicant of a Public Facilities Fec
required by City Council Policy No. 17, dated Febi
24, 1982, and effective April 2, 1982, on file
the City Clerk and incorporated herein by refer
and according to the agreement executed by
Applicant for payment of said fee. If said fee i
paid as promised, this application will no
consistent with the General Plan and the pr
cannot proceed and this approval shall be void. I
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(2) The developer shall make an offer of dedication t
City of Carlsbad for a IS foot wide easement fo
reservoir drain line located within the limits of
subdivision within 90 days of approval of tentative map or prior to recordation of the finf
(whichever occurs first). All land so offered
be granted to the City free and clear of all lier
encumberances and without cost to the city.
tentative map shall become null and void if
condition is not satisfied within the prescribec
limits.
(3) The single family residence portion of the p
shall be constructed prior to the condominium PO Secondary access for the project shall be pri
prior to issuance of the building permit for the
unit.
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C. That the Agreement for Waiver of Prohibition <
the impositipn of conditions upon the approval of an ext
of a tentative subdivision map between Sheffler Broth€
the City of Carlsbad, dated March 23, 1984, on file
Office of the City Clerk, is approved, and the Ma
authorized to execute such agreement on behalf of the Ci
D. That this extension is approved in reliance up'
agreement. Any legal challenge to or failure to perfo
agreement or the conditions of this resolution shall
this approval void and the map shall not be final.
PASSED, APPROVED AND ADOPTED at a regular meeting
Carlsbad City Council held on the 11th day of June
1985 by the following vote, to wit:
AYES :
NOES: None
ABSENT: None
Council Merrbers Casler, Lewis I Kulchin, Chick e
/rex .d &d
MARY H. SLER, Mayor
ATTEST:
,J%
i2/eiH&R@&
ALETHA L. RAUTENKRANZ, City C
(SEAL)
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AGKEEMENT FOR WAIVER OF PROHIBITION
AGAINST THE IMPOSITION OF CONDITIONS
UPON THE APPROVAL OF AN EXTENSION OF
A TENTATIVE SUBDIVISION MAP
r
This Agreement is made this 10th day of April
1985 - between the City of Carlsbad, a municipal corporation,
{hereinafter called "City" ) an6
~---'-"--"""'-~-----,-------~- - (hereinafter called "Subdivider").
r L William J. Sheffler
RECITALS
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1.' Government Code Section 66452.6(e) and Carlsbad Municipal
Code Sections 20.12.110 and 10.24.180 permit Subdividers to
request and City to approve, conditionally approve 'or deny
extensions of time for the expiration of tentative maps or
tentative parcel maps (hereinafter coilectively called
"Tentative Subdivision Maps" ) .
El Patio v. Permanent Rent Control Board, 110 Cal. App.3d
915, modified 111 Cal. App 3d 788 (1980) indicates that thc
Government Code (Subdivision Map Act) may not authorize Ci.
to impose new conditions; i.e., those which were not
imposed on the tentative subdivision map, upon the
extension of the time for expiration of a tentative
subdivision map, but also held that the City does have
discretion to approve or deny such extensions,
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3. Government Code Section 66452.6(d) and Carlsbad Municipal
Code Sections 20.12.100(d) and 20.24.160 provide that
expiration of a tentative subdivision map shall terminate
all proceedings and that no final map or parcel map for any
property covered by the tentative subdivision map shall be
filed without first processing a new tentative subdivision
map.
Subdivider has requested City to approve the extensioin of 4.
time for Tentative Subdivision Map No. C-T, 81-19
which was initially approved on May 4, 1982 .
Since the approval of said Tentative Subdivision Map, City
has conducted studies which show that the.construction of
certain drainage facilities or thoroughfares are essential
to protect and provide €or the health, welfare, and-safety
of all of the present and future residents of City,
including those who will reside in said subdivision.
Since the approval of said Tentative Subdivision Map, City
has adopted a. major drainage fee or major thoroughfare fee
or both to provide the funds to construct the necessary
drainage facilities and thoroughfares.
Since the approval of the Tentative Subdivision Map, City
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has conducted studies which show the need to establish a
public facilities fee in order to provide for public
facilities to protect the public health, safety and welfare
of the present and future residents uf City and to ensure
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that public facilities to serve the development will be
available concurrent with need as required by City's
general plan.
executed a contract which is on file with the City Clerk to
that effect.
Because the original approval of said Tentative Subdivision
Map occurred prior to the adoption of the aforementioned
fees, City did not condition the approval of said Tentative
Subdivision Map with the payment of said fees.
Since the initial approval of the Tentative Subdivision Map
Developer agrees to pay said fees and has
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there may have been changed circumstances which require
additional conditions of approval on the extension of the
Tentative Subdivision Nap to protect the public health,
safety, and welfare, to mitigate affects on the environment
or to ensure consistency of the extended map with the City'
general plan and Municipal Code.
City arguably may not, without the voluntary consent of
Subdivider, impose upon the extension of said Tentative
Subdivis,ion Map conditions requiring payment of the fees
mentioned above or conditions necessary to protect the
public health, safety or welfare, or the environment or
ensure consistency with the general plan or Municipal Code
10.
11. Without such voluntary consent of Subdivider to the
imposition of conditions City may be required to deny
Subdivider's request for extension to ensure that the
public health, safety and welfare or the environment are
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pro'tected or that the general plan or Municipal Code
requirements are satisfied.
said Tentative Subdivision Map without assurances that the
fees mentioned above would be paid for said subdivision
would be contrary to the best interests of the City and
would threaten the City's ability to protect and provide
for the public health, safety, and welfare. Subdivider
agrees that it is in the best interest of City and
Subdivider that City be able to protect the public health,
safety and welfare, or the environment or ensure consistencj
with the General plan or Municipal Code by the imposition
of conditions on the extension of tentative subdivision
maps.
Approval of the extension of
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12. Subdivider realizes that denial of the requested extension
could result in the expiration of the tentative subdivision
map. Subdivider would then be required to incur
substantial costs and time delays in processing a new
tentative subdivision map approval of which would be
subject ,to new conditions necessary to ensure consistency
of the tentative subdivision map with the Subdivision Map
Act, the California Environmental Quality Act, Titles 19,
20 and 21 of the Carlsbad Municipal Code, the City's
General Plan and to protect the public health, safety and
we1 f are.
City has reviewed the Subdivider's request for an extensic
of time for said tentative subdivision map and finds that
granting the request subject to certain conditions will nc
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be contrary to the public health, safety, and welfare.
NOW, THEREFORE, in consideration of the recitals and of the
mutual convenants set forth herein, City and Subdivider agree as
follows:
1. City agrees to extend Subdivider’s Tentative Subdivision Map
for one year subject to whatever new or revised conditions thl
City in its sole discretion deems appropriate.
Subdivider knowingly and voluntarily waives any and all right
the unconditioned extension of Tentative Subdivision Map No. -
Subdivider knowingly and voluntarily consents to the impositj
of a condition of approval of the extension of Tentative
Subdivision Map No. 81-19 which requires payment of any fee:
which may be in effect at the time of approval of the final
subdivision map for said subdivision or any portion thereof <
to the following additional conditions:
2.
3.
This approval is expressly conditioned on the payment by
the applicant of a public facilities fee as required by
City Council Policy No. 37, issued 2/24/82 and effective
4/2/82, on file with the City Clerk and incorporated her
by reference, and according to the agreement executed br
the applicant for payment of said fee. If said fee is r
paid as promised, this application will not be consister
with the General Plan and the project cannot proceed an(
this approval shall be void.
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4. The provisions of Carlsbad Municipal Code Sections 20.12.111
and 20.24.180, as appropriate, shall govern extension of thc
map which is the subject of this agreement.
If this agreement is for an extension of a tentative subdiv 5.
map for a minor subdivision, the appeal of the city Enginee
approval, or conditional approval, of the extension by any
shall void this agreement unless
5.
&,&vidual)
SI'ATE OF CALIFORNIA
Attached to Agreement for Waiver of Prohibition dated 4-10-85. E COMMONWEALTH LAND" j ss. TITLE INSURANCE COMPANY
COUN~YOF San Diego
OF April 10, 1985 beforeme,- Debra J * Grant a Notary Public in and for said State,
~~nally appeared wi 11 iam J . She f f 1 e r - - - - - - --- --- -- - - -- -- - --- - -- - - - - -___________________-------------------------------------------- ____________________-------------------------------------------- , ____________________------------------------------------- , (u-w
(or proved to me on the basis of satisfactory evidence) to be the person- whose name is subscribed to the
PRlNClPAL OFFICE IN
SAN DIEGO COUNTY
(This area for official notarialseal) Form 3213(CA 12-82)
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the agreement is subsequently approved by the City Council.
nny action by Subdivider to challenge the legality of this
. agreement or any failure by Subdivider to pay the fees and
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comply with any other conditions applicable to the
extension shall void the approval of such extension, The
map shall not final and the development shall not proceed
until a new tentative subdivision map has begn approved.
CITY OF CARLSBAD, a municipal ATTEST: corporat 501.1
d< -2- BY *-"A -
r S ubd ivis ions ) City Clerk ER (Minor Sub-
divisions } __
SUBDIVIDER
B
City Attorney
I (Notarial acknowledgement of execut
subdivider must be attached) c
(Affix corporate seal if appropj-iat
6,