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Home My WebLink About1986-02-18; City Council; 7592-6; REQUEST FOR EXEMPTION FROM ORDINANCE 9791 FOR PHASE 4 OF CT 83-21A/PUD 57A (TREETOPS UNLIMITED). ORDINANCE 9791 FOR PHASE 4 OF RECOMMENDED ACTION: It is recommended that the City Council APPROVE Resolution No YqIq EXEMPTING Phase 4 of CT 83-21(A)/PUD-57(A) from Ordina ITEM EXPLANATION On January 21, 1986 the City Council adopted Ordinance 9791 establishing temporary land use controls. Projects that were classified as developing or havinq an approved final map were exempted from this ordinance. Phase 4 of CT 83-21(A)/PUD-57($ was classified as having tentative approval only, therefore cc not proceed with development until a detailed phasing plan for public facilities was approved for the Calavera Hills Master E area. CT 83-21(A)/PUD-57(A) is a 350 unit tentative tract may and planned unit development in Villages 0 + P-I of the Calavc Hills Master Plan. Phases 1, 2 and 3 of this project consisti of 128 duplex units and 94 single fainily dwellings are under construction at this time. Most of the grading for Phase 4 wh will consist of 128 duplex units has been completed. Part of Section 2 of Ordinance 9791 gave the City Council the ability by Resolution to add projects to those shown on Exhibi "A" upon a finding that they qualify. At the City Council meeting a number of people spoke requesting that the status of their project be changed. Staff examined all of these request and cannot support any changes to their status. However, the 21(A)/PUD--57(A) based on a previous agreement entered into between Pacific Scene and the City. On October 15, 1985 the applicant, Pacific Scene entered into construction reimbursement and park grading agreement with the City. This agreement allowed pacific Scene to revise their access plan for CT 83-21 (A)/PUD-S7(A) in return for entering ii city Council my wish to consider exempting Phase 4 of CT 83- Calavera Park. For more details of the agreement see Exhibit I e 0 Page 3, of Agenda Bill No. 7592 - ff_3r Because of this agreement and for the reasons stated above st? recommends that the Council approve Resolution No, FYlf exempting Phase 4 of CT 83-21(A)/PUD-57(A) from Ordinance 9791 EXHIBITS 1) Resolution NO. f4/q 2) Location Map 3) Exhibit "X", dated October 17, 1985 4) Exhibit "Y", Letter from Pacific Scene 5) Exhibit "Z" , Tract Map 4 1 2 3 4 5 6 7 8 9 3.0 I1 12 13 14 15 16 17 18 a 0 CITY COUNCIL RESOLUTION NO. 8414 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, EXEMPTING PHASE IV OF CT 83-2I(A)/PUD-57(A) FROM THE PROVISIONS OF ORDINANCE NO. 9791 APPLICANT: TREETOPS UNLIMITED CASE NO: CT 83-21(A)/PUD-57(A) WHEREAS, on January 21, 1986 the City Council adopt Ordinance No. 9791 establishing temporary land use controls; WHEREAS, as a part of Ordinance No. 9791 all residc projects in Carlsbad that were developing or had approved f: maps were exempted from the provisions of this ordinance; ar WHEREAS, Phase IV of CT 83-21(A)/PUD-57(A) was clas as having tentative approval as shown on Exhibit "A1' of Ordi No. 9791 and could not develop until a detailed phasing plar developed for the Calavera Hills Master Plan area; and WHEREAS, Pacific Scene, the developer of Phase IV c 83-21(A)/PUD-S7(A) has entered into a construction reimburse and park grading agreement with the City; and WHEREAS, this agreement is adequate to fulfill all Master Plan requirements as they apply to Pacific Scene's i 19 20 21 22 23 24 25 26 27 28 I holdings, meet the City's public improvement needs in the ai facilitate the construction of Calavera Hills Community Park NOW, THEREFORE BE IT RESOLVED by the City Council c City of Carlsbad, California as follows: A. That the above recitations are true and correct B. That Phase IV of CT 83-21(A)/PUD-S7(A) shall be from the provisions of Ordinance No. 9791 except for Sectior the ordinance which requires paying any increase in fees established by the City Council prior to July 20, 1986. I' 1 2 3 4 5 6 7 8 9 10 11 .. -12 13 14 l5 l6 I? l8 19 20 21 22 23 24 25 26 27 28 e 0 c. That Exhibit "A" of Ordinance No. 9791 shall b6 revised to show Phase IV of CT 83-21 (A)/PUD-57(A) as a developing project. PASSED, APPROVED AND ADOPTED at a regular meeting ( City Council of the City of Carlsbad, California, on the 1t day of February , 1986 by the following vote, to wit: - AYES: Council Members Casler, Lewis, Kulchin, Chick and Pet NOES: None ABSENT: None YW7 /-&&.t MARY Hi CASLRR, Mayor . ATTEST: AI,EwR&&Efi<Rmlerk (SEAL) I I I ' -2- - ------- $I EXHl e OCTOBEI e AGREEMENT BETWEEN CITY OF CARLSBAD A MUNICIPAL CORPORATION AND TREETOPS UNLIMITED .. ~ THIS AGREEMENT, hereinafter referred to as the "Agreement", is made and entered into this /7 rz day of &&d&t, I 1985r by and between the City of Carlsbad, a municipal corporation and Treetops Unlimited, a joint ventu&, hereinafter referred to as "City" and "Treetops, " respectively. RECITALS WHEREAS, the City and Treetops desire to provide for th construction of certain streets and the grading of a park site i the Lake Calavera Hills Master Plan Area in order to allow development to proceed in an orderly and mutually advantageous way in that area: Therefore, the parties agree as follows: 1. Treetops will give the City of Carlsbad the dirt which Treetops presently has stockpiled in Village L-1 for use i conjunction with the City's grading of the Lake Calavera Hills park site. It is presently contemplated that the City will require approximately 15,000 cubic yards of dirt. The actual amount will be determined by the City providing it will not exceed 20,000 cubic yards. The City will pay Treetops to move the dirt and stockpile it uncompacted on the park site in an amount equal to $1.31 per cubic yard for 'each cubic yard delivered. Payment shall be made within thirty (30) days * e following delivery of the dirt. Treetops will coordinate the movement of the dirt and their construction of portions of Harwich, Glasgow and Elm with the City's grading contractor for the park site so that the City's workr removal of the dirt, and construction of the streets can be coordinated in a mutually advantageous way. __ ~ 2. The City Council has approved Resolution No. 8227 revising condition No. 39 of Planning Commission Resolution No. 2224 as adopted by City Council Resolution No. 7457 to permit C'I 83-21/PUD-57 to gain secondary access from Harwich Drive and Glasgow rather than Tamarack Avenue and College Avenue for the Treetops subdivision. As a part of that revision Treetops will construct Glasgow Drive half width from its present northerly terminus along the frontage of Village E-2, and through a portic of Village K to Harwich Drive, Elm Avenue half width from its easterly terminus to Glasgow Drive along the frontage of Village E-2, and Harwich half width through Village K to its intersectic with Glasgow Drive. The construction of the above referenced portions of Harwich, Glasgow, and Elm Avenue under the Lake Calavera Hills Master Plan are the responsibility of properties owned by parties other than Treetops. In order to assure the orderly development of the property within the Lake Calavera Hills Master Plan Area, Treetops is willing to undertake the construction of those streets in accordance with this Agreement. The City agrees to impose conditions upon subdivision and development of Villages K, E-1 and L-2 requiring that Treetops 2. W 0 be reimbursed for its actual costs ( inluding engineering, right of way acquisition, design and permit fees) to construct those streets by the other property owners in the Lake Calavera Master Plan Area as follows: ! -_ - a. Reimbursement of the costs for Glasgow north of Eln and Elm shall be paid to Treetops as a condition and prior to tk approval by the City of any tentative or final parcel map, tentative or final subdivision map or the issuance of any other development approval covering any portion of Village K. .- b. Reimbursement of the costs for Glasgow south of Elm shall be paid to Treetops as a condition and prior to the approv by the City of any tentative or final parcel map, tentative or final subdivision map or the issuance of any other development approval covering any portion of village E-I. c. Reimbursement of the costs for Harwich located with Village K shall be paid to Treetops as a condition and prior to the approval by the City of any tentative or final parcel map, tentative or final subdivision map or the issuance of any other development approval covering any portion of Village K or Villag L-2. 3. Treetops will construct Tamarack Avenue adjacent to Village E-2 and F-1 to bring it to full width and City standards 4. Treetops has submitted plans to the City for Tamara1 Elm, Glasgow and Harwich, designed to City standards, and will complete any required revisions to those plans by November 15, 1985. Treetops will use its best efforts to obtain the necessar 3. W 0 right of way as soon as possible. Within 30 days following the City's approval of those plans, Treetops will commence construct of the above referenced streets and will diiigently pursue that construction to completion. If condemnation is necessary Treetc may delay the start of construction until an order of immediate possession is obtained. The constuction will be completed with. 120 days followina commencement of construction. The time for completion of construction shall be extended for delays caused 1 inclement weather, strikes, lockouts, unavailability of labor 01 materials and other factors beyond the control of Treetops. \ 5. Treetops shall use its best efforts to obtain all right of way easements, consents or permissions necessary or required to construct the streets from the owner(s) of the land upon which the streets are located. The City will use its powei eminent domain to condemn at the expense of Treetops, any neces! right of way which cannot otherwise be obtained by Treetops. 6. It is the City Council's present intention that, except as provided in this Agreement, Treetops shall not be required to make any improvements to Glasgow, Harwich within Village K, or Elm as a condition to the development of Villages and P-1 or L-1. /// /// /// /// 4. e 0 TREETOPS UNLIMITED CITY OF CARLSBAD ) BY: Pacific Scene, Inc. ,--_- %, d&-.+AL/ MARY H. @SLER, Mayor - 5. EXHll 0 0 Scene, lnc. February 6, 1986 City of Carlsbad Mr. Ray Patchett Ass is t ant City Manager 1200 Elm Avenue Carlsbad, Ca. 92008 Dear Ray: We are happy to furnish you with this letter indicating our readir to begin the construction of the street improvements around the Calavera Hills park and secondary access for units 2,3 and 4 of C? Pursuant to the City Council approval of the agenda bill for Febru 18, 1986, Pacific Scene intends to begin construction on the above mentioned streets immediately threrafter. If any further information is required, please feel free to contac at any time. Sincerely, PACIFIC SCENE, INC. 21/PUD-57. Georg +/L.. Haviar Vice President GH / arw 3900 Harney Street, San Diego, California 92110 (619) 299-5100 PHASE 4 CT-83-2 1(A)/ PUD-57(A)