HomeMy WebLinkAbout1987-03-24; City Council; 8927; Appeal of Conditions for CT 82-12-*
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Cl')OF CARLSBAD - AGEN-BILL
DEI AB#- TITLE:
MTG,03/24/87 POLICY AND APPEAL OF CONDITIONS CIT
DEPT. ENG CIT
RECOMMENDED ACTION:
REQUEST FOR INTERPRETATION OF CITY
FOR CARLSBAD TRACT NO. 82-12
1. Council consider resolution establishing criteria
design-construct bonding for off-site improvem
required in conjunction with major and minor
divisions.
2. Council consider resolution deleting Condition 13
Resolution 8292 dealing with extension of Carlsbad T
NO. 82-12.
ITEM EXPLANATION
Attached for Council review and action is a request fror
Alex Land Corporation to clarify City policy and ,
conditions of Carlsbad Tract No. 82-12 to facilitate
recordation. Carlsbad Tract No. 82-'12 was first approvi
September 7, 1982 and received extensions on August 7,
and December 3, 1985. The project is an 893-unit p14
unit development on 263 acres of land located east I
Camino Real south of College Boulevard, fronting 01
extension of Cannon Road. The project has a density o
Du/Acre. The growth control point is 3.2 Du/acre.
tentative tract map for this project is currently schec
to expire May 9, 1987.
The applicant's request deals with four (4) areas of COI
but two (2) primary issues. The first (1) issue relat
the level of design detail required to establish ade
deals with the application of newly adopted land use re
tions based on the Citizens Committee recommendations.
Detailed information related to both issues are contain
the memo from the City Engineer to the City Manager
March 12, 1987 (Exhibit 4).
Issue 1 - Design/Construct Bondinq
Alex Land Corporation, Kaufman and Broad Company and The
Co. (see Exhibit 5) have all requested that the City Eng
accept schematic plans and estimates for off-site imp
ments required in conjunction with approved subdivisions
each case extensive off-site improvements are involved
lack environmental approval, precise right-a
descriptions, detailed plans and estimates.
security for off-site improvements; the second (2)
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PAGE 2 OF AGENDA BILL NO, pya 7
The City Engineer believes that sufficient flexibility ex
that this approach is not desirable or consistent with
City practices. As a policy, detailed pl
environmental clearance and normal rights-of-way proced should be adhered to prior to final map recordat
Variance from these criteria should only be allowec:
Council direction in cases where overriding circumstanc
public benefit warrant.
If Council agrees with developer that under the fac
circumstances of these projects variation from normal
practices is warranted, it would be staff's recommend:
that Council adopt the accompanying resolution limitin!
applicability of design-construct bonding.
Issue 2 - Citizen's Committee Land Use Recommendations
in the Codes to grant the developer's request, but th
Condition No, 13 of City Resolution No, 8292 issuf
approval of the second extension requires that:
"The tentative map as extended shall comply witt
recommendation of the Citizen's General Plan Lanc
Element Review Committee as adopted and approved b!
City Council. The map shall be reviewed by the Plai
Director and City Engineer and shall be revised as
determine necessary to ensure compliance with
recommendat ions. I'
Staff believes that this condition has serious impacts 01
Carlsbad Highlands Tentative Map. As designed, thl
probably can not comply with this condition (see Exhibit
It should be pointed out that Condition 13 is consistent
City Council Ordinance 9771 approved September 3, 198
that the applicant consented to the condition of extensi
waiver agreement entered into at approval of the s
extension of Carlsbad Tract No. 82-12.
Should Council wish to delete Condition 13 a resolutio
been provided for your adoption.
It e e
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PAGE 3 OF AGENDA BILL NO. 8927
FISCAL IMPACT
Failure of the Council to grant developer's requests
likely result in the expiration of Carlsbad Tract no. 82
which would reduce development fee revenues and c
jeopardize the formation of an assessment district
Road extension from El Camino Real to 1-5.
construct the South Agua Hedionda Trunk Sewer and the C?
EXHIBITS
1. Location Map.
2. Resolution No. 99 7 Establishing Criteri( Design-Construct Bonding.
3. Resolution No. r99f Deleting Condition 13
Resolution 8292.
4. Memo from City Engineer to City Manager dated Marct
1987.
5. Request from Alex Land Corporation, Kaufman and B
and Rick Engineering.
6. Resolution No. 8292 extending Carlsbad Tract No. 82.
7. Ordinance No. 9771, Section 1.
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RESOLUTION NO. 8997 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, ESTABLISHING CRITERIA FOR
DESIGN-CONSTRUCT BONDING FOR OFF-SITE IMPROVE-
MENTS REQUIRED IN CONJUNCTION WITH MAJOR AND
MINOR SUBDIVISIONS. i
WHEREAS, the City of Carlsbad Municipal Code Sectior
requires detailed plans and specifications to be made
improvement agreement and improvement security requi
condition of development; and I
i 10 specificity; and
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WHEREAS, there is a need to fur€hef define the lev
detail to provide guidance to the City Engineer.
NOW, THEREFORE, BE IT RESOLVED by the City Council c
l of Carlsbad, California, as follows:
1 I. That the above recitations are true and correct.
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2. That detail plans as described in Section 20.16.
Municipal Code are intended to mean complete final co
18 ;plans suitable for bidding purposes as approved by
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3. The provision for complete final plans may be
1 the City Council for off-site improvements which meet
following criteria:
a. Off-site improvement value exceeds $500,00
b. Off-site improvements are deemed to provi
City benefits significantly beyond the b
the subdivision.
I c. Off-site improvements are contemplat
constructed through assessment district fi
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4. Where the provisions for final plans are waived
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estimates shall be based on schematic plans and
acceptable to the City Engineer. Estimates shall include
cost related to environmental clearances, design, rj
engineering, appraisals and acquisition of rqquired ric
and construction of improvements. Security shall alsc
5076 contingency amount.
5. The City Engineer may waive the requirement fo
plans for traffic signals that are required of the subd
future construction.
PASSED, APPROVED AND ADOPTED at a regular meet
day of Carlsbad City Council held on the
by the following vote, to wit:
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AYES:
NOES:
I ABSENT:
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CLAUDE A. LEWIS, Ma i 1 ATTEST:
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(SEAL)
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RESOLUTION NO. 8998
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, DELETING CONDITION
NO. 13 OF CITY COUNCIL RESOLUTION NO. 8292 I RELIEVING TENTATIVE MAP NO. 82-12, INCLUDING
PUD-42, OF REQUIREMENT TO COMPLY WITH THE
RECOMMENDATIONS OF THE CITIZENS GENERAL PLAN
LAND USE ELEMENT REVIEW COMMITTEE AS ADOPTED
AND APPROVED BY CITY COUNCIL.
WHEREAS, the applicant for Carlsbad Tract No.
requested that Condition 13 of City Council Resolution N
deleted; and
WHEREAS, compliance with Condimnn---13 could resu \
stantial redesign of the approved map for Carlsbad Tract
and
WHEREAS, compliance with Condition 13 could res
expiration of Tentative Tract No. 82-12, including PUD-4 I 14
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NOW, THEREFORE, BE IT RESOLVED by the City Council a
of Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. That Condition 13 of City Council Resolution N
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~ PASSED, APPROVED AND ADOPTED at a regular meet
ICarlsbad City Council held on the 1 by the following vote, to wit:
day of
AYES:
I NOES:
ABSENT: -
CLAUDE A. LEWIS, Ma
~ ATTEST:
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ALETHA L. RAUTENKRANZ, City Clerk
(SEAL)
k LOCATION MAP
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March 12, 1987
TO: CITY MANAGER
FROM: CITY ENGINEER
DESIGN-CONSTRUCT BONDING DELETION OF CONDITIONS OF APPROVAL
CARLSBAD TRACT NO, 82-12 (CARLSBAD HIGHLANDS)
Please find attached letters recently received from the Alex
Corporation, Kaufman and Broad, and Rick Engineering all dea
with the issue of design/construct security to meet condition
off-site improvements for their respective tentative tracts.
addition, the Alex Land Corporation is requesting deletic
Condition 13 of Council Resolution No. 8292. Both issue$
matters of policy which should be submitted to the City COL
for resolution.
Issue 1 - Desiqn/Construct Bonding
Under current City Code Section 20.16.060 Agreement to Impro\
"the subdivider shall prepare and deposit with the
Clerk detailed plans and specifications of the improve-r
plans and specifications shall be made a part of any
agreement or contract and of the improvement sect
securing same."
to be constructed or the conditions to be met, and
It is also stipulated under City Code Section:
'I 20.16.095 Off-site improvements--Acquisition of pro1
interests. Whenever a subdivider is required as a cond.
of a tentative map to construct or install off-site imp]
ments on property which neither the subdivider nor the
owns then not later than sixty days prior to filin
final map for approval the subdivider shall provide the
with sufficient information, reports and data, includin
not limited to, an appraisal and title report, to enabl
city to commence proceedings pursuant to Title 7 of P
of the Code of Civil Procedure to acquire an interest i
land which will permit the improvements to be
property pursuant to Article 3 of said title.
subdivider shall agree pursuant to Section 20.16.0
complete the improvements at such time as the city
sufficient interest in the property to permit
construction of the improvements. The subdivider shall
all costs associated with the acquisition of the pro
including proceedings for immediate possession of
0 e I,
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City Manager
Design-Construct Bonding
March 12, 1987 Pa9
interests and the estimated cost thereof shall be secure
provided in Section 20.16.070. (Ord. 9680 §6(part), 198
Based on these Code sections it has been the City practic
require complete approved design plans, and either a
acquisition of rights-of-way or an agreement to cond
appraisals and precise legal descriptions of properties w
require condemnation.
The applicants are requesting approval of the final map in
absence of environmental clearance, precise right-of-way reqi
ments and detailed construction plans. The bond or (
security for these improvements would include the cost
design, rights-of-way, environmental clearance and contingenc
The major items covered by the design-construct bond would bt
a Cannon Road from the Tract boundary to El Camino Rea!
a The South Aqua Hedionda (Cannon Road sewer); and
o Secondary access to Tentative Tract No. 82-12.
This approach allows the developer to proceed with a .
initial development cost by increasing risk to the City. Wil
detail plans, major design or environmental factors m:
encountered that could prevent completion of the projec
affect the validity of cost estimates. If this occurred<
City may not have adequate security to construct improvemeni
the event the developer defaults. This risk can be re(
through imposition of 50 to 100% contingency factors bui
never be eliminated. There is no way to eliminate the risk
improvements may not be able to be constructed.
The City Engineer believes that sufficient flexibility exis
the Codes to grant the developer's request, but that the ge
approach is not acceptable as policy. As a pa
detailed construction plans, environmental clearance and n rights-of-way procedures should be adhered to prior to fina
recordation. Variance from these criteria, if allowed, s only be at Council direction in cases where overr
circumstance of public benefit warrant the risks involved-
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City Manager
Design-Construct Bonding
March 12, 1987 Pa9
If the Council feels that the particular set of circumstance
these projects warrant the risks involved in the design-const
approach, it would be staff's recommendation that guideline
established to limit the types of projects for which
approach would be applicable. Factors unique to thess proj
include:
Magnitude of off-site improvements; and 0
o Potential for formation of an assessment distric
construct major improvements of overall City benefit,
Issue 2 - Condition 13 to Resolution No. 8292 Implemer
Citizen's Committee Land Use Recommendatians
Condition No. 13 of City Resolution No. 8292 issued at appr
of the second extension of Carlsbad Tract No. 82-12 reqi
that:
"The tentative map as extended shall comply with
recommendation of the Citizen's General Plan Land
Element Review Committee as adopted and approved by the
Council. The map shall be reviewed by the Planning Dire
and City Engineer and shall be revised as they detei necessary to ensure compliance with such recommendation:
Staff believes that this condition has serious impacts or
Carlsbad Highlands Tentative Map. As designed, the map prot
can not comply with this condition. Staff has the fo11(
areas of concern.
Density:
The changes that came out of the Citizens' Comm
recommendations had the following impacts:
1. No density credit for 40% and greater slopes.
2. Fifty percent (50%) density credit for 25-4096 slopes
3. No density credit for riparian habitats.
4. No density credit for the right-of-way of art
roadways (Cannon Road).
The project was approved at a density of 3.4 du/ac,
exceeds the growth control point of 3.2 du/ac for th
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City Manager
Design-Construct Bonding
March 12, 1987 Pa9
General Plan designation in which it is located. Staff
not know what the project's density would be if den
credit for the above mentioned items was eliminc
Obviously, it would be significantly higher than 3.4 du/
Hillside Ordinance:
The Citizens' Committee recommended that a Hill
Ordinance be prepared. Staff doubts whether this pro
complies with the requirements of the Hillside Ordina
especially in regards to:
1. Amount of cubic yards of grading per acre. Staff
not know whether the grading for this project exc
10,000 cubic yards per acre.
2. Maximum height of manmade slopes not to exceed 30 fee
3. Miscellaneous other requirements of the Hill
Ordinance.
Parking:
The Citizens' Committee also recommended that the Ci
parking requirements be revised. This led to a revisio
the City's Parking Ordinance and the parking requirement
the Planned Development Ordiance. Staff has conc
whether this project complies with the following par
requirements of the revised Planned Development Ordinanc
1. Two covered parking spaces for each dwelling unit.
2. No guest parking credit for tandem parking spaces.
3. Streets used for on-street visitor parking must mee
exceed the City's minimum width requirements.
The developer maintains that Condition 13 is of question
legality and requests relief from its provisions. It shoul
pointed out that the developer consented to the condition
requirement of extension and that the condition is consis
with Ordinance No. 9771 which was in effect at the time
condition was established. Should a court find the condi
invalid, the ultimate effect may be negation of the extension
expiration of the map.
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City Manager
Design-Construct Bonding March 12, 1987 Pa!
It appears that if the condition is upheld and if de:
construct bonding is not allowed, Carlsbad Tract No. 82-12
likely expire. For these reasons, I would recommend that
to Council for determination.
LBH:lch
Attachments
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March 2, 1987 Alex Land Corporation
Mr. Lloyd Hubbs
City Engineer
City of CLarlsbad
2075 LaS Palmas Drive Carlsbad, CA 92008
Re: Carlsbad Highlands - - Tentative Map CT 82-12 a. South Aqua Hedionda Sewer Design - Construct Bond.
b. Cannon Road Design - Construct Bond
c. Alternate Roadway Alignment from Westerly
PanhandleDesign - Constuct Bond
d. Deletion of Condition No. 13 of the December 17, 198! Resolution No. 8292 Re Compliance with Future
Recommendations
Dear Lloyd:
The purpose of this letter is to resolve the following conditj
of approval of the Carlsbad Highlands Subdivision, Tentative
CT 82-12.
1. Condition No. 47 -- Off Site Sewer:
As revised by Resolution No. 8292 Condition No. 47 requires a$
f 01 lows :
"Sewage for this project will be treated by
the Encina Treatment Plant. All facilities required to serve this project, as described in the sewer Master Plan, including all systems, facilities, and easements necessary
to provide these servuces, shall be the responsibility of the developer."
AS addressed in Kaufman and Broad's February 25, 1987 lettei you, a copy of which is enclosed, negotiations are currer
underway for the formation of an Assessment District which \
include construction of the subject sewer line. Formation of Assessment District and construction of the sewer line F
satisfy the above condition of approval.
5785 Oberlin Drive, Suite 202
San Diego, California 92121
(619) 587-2771
1) e
L. Hubbs City of Carlsbad March 2, 1987 Page 2
However, since the Assessment District will not be in place pr to Final Map recordation of our project, we join in Kaufman
Broad's ,and Koll's request that a joint binding agreement
permitted with respect to not only Carlsbad Highlands but Ke Ranch and Carlsbad Research Center which would adequately prot and satisfy the City's sewer requirements with respect to all those projects and at the same time avoid multiple bonding. suggested Design -- Construct Bond would be in the amount
$2,210,000 to cover the cost of design, constructi environmental documention and right-of-way acquisition for entire Assessment District.
2. Condition Nos.45 (C) and (Dl -- Improvement of Cannon Roa
Condition Nos. 45(C) and (Dl , as revised by Item 2 of Resoluti No. 8383 dated January 28, 1986, require, prior to approval of Final Map over any portion of this Tentative Map,the following
"(C) The full width right-of-way and full
width improvement of Cannon Road through the
subdivision in accordance with the City's
standards, including median island.
(Dl The full width right-of-way, full width grading and half-width improvement (excluding
sidewalks and median landscape treatment) of Cannon KRoad from the subdivision boundary to
El Camino Real."
Off-site improvement plans prepared to fulfill this condit
have been submitted for first plan check. Although it possible that the condition could be fulfilled prior to 1
recordation, there is also the possibility that due to shortness of time remaining prior to map expiration (May
19871, the condition may not be met. A Design - Construct B would resolve this potential problem. It is, therefo requested that the City accept a Design-Construct Bond in
amount of $4,922,000 to cover the cost of design, constructic
environmental documentation and right-of-way acquisition for tl
portion of Cannon Road required by Condition Nos- 45(C) and
as revised.
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L, Hubbs
City of Carlsbad March 2, 1987 Page 3
3, Condition No. 49 -- Alternate Roadway Alignment from Westc Panhandle:
Condition No. 49 provides foran alternate roadway outlet from
west end of street "A" as follows:
"(49) Prior to the approval of a final map over phase four of the tentative map, the developer shall provide an alternate roadway
outlet from the west end of the street "A" to College Boulevard. The specific alignment and design of this secondary access road shall be
in accordance with city standards and shall be to the satisfaction of the City Engineer. Should the City Engineer deem it necessary to signalize this proposed College Boulevard intersection, the developer shall enter into secured agreement with the City for the construction of 1/4 the cost of the traffic signal. "
When this condition was initially written, it was assumed t the easterly side of Calaveras Hills would develop prior
Carlsbad Highlands development. Since that time, the CalaVe
Hills development has ceased along the easterly bounda
Therefore the infrastructure associated with this portion Calaveras Hills is neither planned nor in place; specifica
College Blvd. is not now nor will it be planned or in pl unless and until a tentative map is approved for Calaveras Hi1
As a result of the inactivity of Calaveras Hills, Dave Haus when acting as city engineer, determined that the school s alignment, as set forth below, satisfied the intent of condit No. 49.
Given David Hauser's findings, it is requested that the langu of Item No. 49 be modified to require the alternate road outlet to be located 'If rom the westerly panhandle traversing northerly boundary of the school site connecting with Can Road." In addition, we respectfully request that we be permit
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L. Hubbs
City of Carlsbad March 2, 1987 Page 4
to submit a Design-Construct Bond in the amount of $955,000 cover the cost of design, construction, environmenl
documentation and right-of-way acquisition for this portion the alternate roadway alignment. Allowing this location of 1 alternate roadway alignment will also benefit the school distri
by providing ingress and egress to the high school to be local on this site.
Carlsbad Highlands respectfully requests that the above requec
be given your prompt consideration and, if necessary,
submitted for City Council review and approval at the earlic possible convenience to facilitate timely recordation of (
Final Map.
4. Condition No. 13 of City Resolution No. 8292 dated Deceml:
3, 1985, adopted December 17, 1985 -- Requirement Compliance With the Future Recommendations of the Citizer General Plan Land Use Element Review Committee.
The last condition added to the City Council's Resolution 1 8292 dated December 3, 1985 (apparently formally enacted
December 17, 1985) includes a new Condition No. 13 to the Citj approval of Carlsbad Highlands' application for an extension Tentative Map CT 82-12 as follows:
"The tentative map as extended shall comply with the recommendation of the Citizen's General Plan Land Use Element Review Committee as adopted and approved by the City Coundil.
Director and City Engineer and shall be
revised as they determine necessary to ensure compliance with such recommendations."
The map shall be reviewed by the Planning
This condition, Condition No. 13, demands prospective review i revision of the project to comply with the future recommendatic
of the Citizen's General Plan Land Use Element Review Committee
The staff report for the December, 1985, City Council meetii
found the project to be in conformity with the then curr( density and development standards. An additional apparr
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L. Hubbs
City of Carlsbad
March 2, 1987
Page 5
finding was made that the project's provision for pul
facilities were inadequate and inconsistent with the recently enacted general plan. As a result of those findi,
several new conditions were added so as to conform the pro
with then current public facilities requirements. The
condition added, Condition No. 13,however, was not considerel
staff, was not included in the original proposed resolution does not address compliance with then existing general requirements. Therefore, Carlsbad Highlands contends Condition No. 13 is violative of numerous provisions of
Subdivision Map Act (see Governmnet Code 66473, 66474.1, 66
2, 66498.1 and 66498.9) and directly contrary to the exp
rulings of The California Supreme Court in the case of Youngb, v. Board of Supervisors (1978) 22 Cal. 3d 644,150 Cal. Rl 242 and the Court of Appeals' decision in El Patio v. Permar Rent Control Board (1980) 1110 Cal. App. 3d 915, 168 ( Rptr. 276. In addition, the provisions of Chapter 2195 of
Subdivision Ordinance -- Hillside Development Regulatj
provides an exclusion to those new requirements for all projc which had already received final discretionary approval. last discretionary approval relevant to Carlsbad Highlar project was the December, 1985 extension of the tentative approval ( Final Map approval is only ministerial). conclusion, Carlsbad Hiyhlands asserts that Condition No. 1: invalid and unenforceable and that resolution of the reque: Design- Construct Bonds will complete Carlsbad Highlar
compliance with all conditions for final map approval.
Your prompt attention to the above matters is requested. Than you .
Very truly yours, /.
K- -I 4\-' '
Alexander W. Tucker, General Partner
CARLSBAD HIGHLANDS INVESTORS, LTD .
MEL : 4-7 0 98
encl.
February 25, 1987
FEDERAL EXPRESS
City of Carlsbad
2075 Las Palmas Drive
Carlsbad, CA 92008
Attn:L. Hubbs
City Engineer
Re:T.M. 83-80 - Final Map - Off Tract Sewer Bond(Agua Hedionda Trunk Sewer)
Dear Lloyd:
In connection with the Final Map for Kelly Ranch (T.M. 83-80)Condition of Approval #31 Phase IV (4) requires
"A sewer trunk line,pump station and force main in
Cannon Road from El Camino Real to adequate existing
facilities west of the project capable of handling the
proposed sewage flow in accordance with the latestrequirements of the City's sewer master plan,"
though it was our understanding that the portion west of KellyRanch was incorporated as part of the City Master Plan Facilitiesto be constructed under Policy 35.
As you are aware,negotiations are currently underway for the
formation of an Assessment District which includes constructionof the subject Trunk Sewer Line in conjunction with Cannon Road
between the Kelly Ranch and I-5.Formation of the District and
construction of the sewer will satisfy the above Condition ofApproval.
However,since the Assessment District will not be in place in
time for our proposed map recordation, we respectfully requestthat we be permitted to submit a Design - Construct Bond in theamount of $2,030,000 to cover the cost of design, construction,environmental documentation and right-of-way acquisition for the
facility.
Mr. L. Hubbs w 0
t Ci'ty of Carlsbad
February 26, 1987
Page Two
In support of the foregoing, we have attached hereto the
following documents:
1. Improvement Plans titled "Plans for the Improvement of
Cannon Road - Assessment District" (Sheets 1-10) prepared VTN showing the proposed force main and gravity sewer.
2. Easement Exhibit - showing the center line of the propose
3. An engineering cost estimate for the p.roposed pump statio
sewer easement.
and sewer construction, prepared by Maiiitou Engineering.
4. A suggested Bond Amount, including the above cost estimat together with allowances for engineering design, environmental work and easement acquisition.
It should be noted that the allowance for easement acquisition the same as the estimate prepared previously by the Assessment
District engineer which was based on an evaluation of $1.05/S.
(approx. $65,00O/AC) which was considered as a reasonable figu for developable land and considerably higher than the value of the land in question for this portion of the facility.
It is our understanding that bonding for the subject sewer is also a requirement in connection with map recordation by other developers (Carlsbad Highlands and Carlsbad Research Center) a we request that some form of joint bonding agreement be permit
which would adequately protect and satisfy the City while avoiding multiple bonding.
We respectfully request that the above proposal. be given
favorable consideration and if necessary, submitted for Counci. review and aFproval as soon as possible to facilitate recordat
of our Final Map.
Very truly yours,
KAUFM.+N AND BROAD HOME CORPORATION
1 // ' :<7 c" I ,,/; ~ - -/ /
Robe r t M >-way-- Senior Vice President
Y; /,L(
mG/p
cc: M. Orenyak A. Tucker Koll Co.
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RICK ENGINEERING COMPANY 1 'AkE%L"K"G':~AE
3088 PI0 PIC0 DR. SUITE 202 CARLSBAD, CA 92008
P.O. BOX 1129 PHONE AREA CODE619 729-4987
March 6, 1987
Mr. Frank Aleshire
City Manager
CITY OF CARLSBAD
1200 Elm Avenue
Carlsbad, California 92008
RE: CARLSBAD RESEARCH CENTER - C.T. 85-24
PHASES I11 AND IV - OFFSITE SEWER
RICK ENGINEERING JOB NO. 8712-H
Dear Frank:
On behalf of The Koll Company, I would like to request that wz
placed on the Council Agenda of March 17, 1987, to ask for
interpretation of Condition 54-A as it relates to offsite sec
for the Carlsbad Research Center. This Condition states t
prior to final map Koll must either post a completion bond
actually construct the work required. Koll would like to E
the required bonds and record their map for Phases I11 and
within 30 days so that the onsite improvements can continue.
grading for Phases I11 and IV is currently being done undei
advance grading permit and is almost completed. The Koll Comg is not trying to yet out of any requirements. On May 30, l!
we were told by the Acting City Engineer that we could post bc
to meet Condition 54-A, based on the Sewer Master Plan (cop;
conference memorandum attached, please see page two) and tk
specifically, we would not have to prepare final offsite p
for the sewer line. Several weeks ago, after processing
final onsite improvement plans through at least four plan chec we were told by the City Engineer that we now need final plz
easements, appraisal and environmental data for the offsite sei
If this requirement is adhered to, it will delay the project
many months.
Koll is willing to prepare what the City Engineer is asking
and actually has planned to do that work as part of their f:
phase (Phase V). A secondary access and offsite sewer t
always planned and conditioned as part of Phase V. We think
Council can allow us to proceed as requested (with bonds and
with final offsite plans) for the following reasons:
0 0
Mr. Frank Aleshir?
March 6, 1987
Page Two
O A separate sewer study has been prepared for the City
Sy Koll (by Wilson Engineering), to assure that the
and pump station conform to the City’s Sewer Master
Plan. This January 1987 study also provided cost esti-
mates necessary to determine bond amounts.
phased construction of the South Agua Hedionda sewer
O When the Koll tentative map was first approved, the
entire project was in the Palomar sewer basin and was
to sewer to Palomar Airport Road. After portions of
the project were built, the City changed the Sewer
Master Plan. The new Master Plan now requires the
project to Sc sewered in another direction, to the
South Agua Hsdionda sewer. Koll has agreed to make
that change for the permanent condition.
O Koll is not asking for a waiver or to get out of any
requirements as clearly spelled out in the Conditions
o€ Approval.
o Koll is willing to do offsite design and plans and has
always planned to do that work as part of Phase V.
The Conditions of Approval actually reyalre a feasible
alignment study to be presented to the City €or the
Faraday extension to Cannon as part of the development
of the majority of the lots in Phase V.
O Koll is a developing project and currently pumps their
sewage back to El C3mino Real. With Phases I11 and
IV, all of the existing units will pump their sewage
into College and down inro Palomar Airport Road. When
Phase V develops, all of the sewage from the Koll
project will eventually end up in the South Agua
Hedionda sewer, nost of which will gravity to the
future pump station to be located at Cannon and
Faraday. The Koll project can proceed with an lnteriin
sewering solution as pointed out above and Is not
last phase.
dependent on the South Agua Hedionda ‘3ewer until their
O Koll has signed a petition to participate in the
Cannon Road Assessment District and has paid $16,250 in fees. They have also signed an agreement with
other property owners in the area to share in the cost
of the South Ayua Hedionda sewer.
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Mr. Frank Aleshire
March 6, 1987
Page Three
O Koll has not prepared plans to date €or the offsite
sewer because, until just several weeks ago and after
four final plan checks, we were told that plans were
not required and that the bonds could be based on the
existing Sewer Master Plan.
For the reasons stated above, we ask that you place this reqL
before the Council on March i7, 1987. We intend to ask
Council at that time to direct the City Engineer to accept
request to post bonds for the offsite sewer as spelled out
Condition 54-A, without the preparation of final plans. T
action would allow the map to come forward to the Council final approval so that Phases I11 and IV can proceed to recoi
t ion.
S inc e re 1 y ,
-&-
Robert C. Ladwiy
RCL:kd/OlG
Attachment
cc: THE KOLL COMPANY
Attention: Mr. Bill Miller Mr, Nike Dunigan
RICK ENGINEERING COMPANY
Attention: Mr. Craig Kahlen
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RESOLUTION NO. 8292
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A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
AN EXTENSION OF TIME FOR TENTATIVE MAP
CERTAIN CONDITIONS.
NO. 82-12 INCLUDING PUD 42 SUBJECT TO
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WHEREAS, Section 66473.5 of the Subdivision Map Act provide:
tative subdivision map may not be approved unless it is consist
applicable general and specific plans; and
WHEREAS, the City Council of the City of Carlsbad on tt
September, 1982, adopted Resolution No. 6994 approving, witt
Tentative Map CT 82-12 including PUD 42; and
WHEREAS, the City Council of the City of Carlsbad on t
August, 1984, adopted Resolution No. 7675 extending Tentative
including PUD 42, for a period of one year to September 7, 1985;
WHEREAS, Tentative Map CT 82-12 is now inconsistent with the
of the City of Carlsbad because the City Council has foun
facilities are inadequate; and
WHEREAS, said Tentative Subdivision Map will expire on Septe
the Applicant has requested an extension of time which cannc
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and
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WHEREAS, changed circumstances render Condition No. 45-1
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WHEREAS, the addition of certain conditions of approval ti
sion will allow it to be found to be in conformity with the Gel
l the Developer has requested the imposition of such conditions I comply with them; and
WHEREAS, the approval of an extension of Tentative Map CT 8
PUD 42 subject to such conditions, in lieu of denial of the m
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the project to qo forward avoiding the unnecessary delay to the
the Developer involved with denial and the new application which wc
approved subject to the same set of conditions: and
WHEREAS, both the Developer and the City wish to extend the
to the additional condition;
NOW, THEREFORE, BE IT RESOLVED by the City Council of
Carlsbad, California, as follows:
A. That the above recitations are true and correct.
8. That Condition No. 45-8 is hereby deleted.
C. That Condition No. 47 shall be amended as follows: sew
project will be treated by the Encina Treatment Plant. A1
required to serve this project, as described in the Sewer
including all systems, facilities, and easements necessary to p
services, shall be the responsibility of the developer.
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0. That Tentative Map CT 82-12, including PUD __ 42, -- is hereby
one year from September 7, 1985, to September 6, 1986, sc
execution and fulfillment of all the conditions of Resolution h
7675 and the following additional conditions:
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Applicant of a Public Facilities Fee as required by
Policy No. 17, dated February 24, 1982, and effective AF
on file with the City Clerk and incorporated herein t
and according to the agreement executed by the Applicant
of said fee. If said fee is not paid as promised, this
will not be consistent with the General Plan and the PI
proceed and this approval shall be void.
(2) Prior to occupancy of the last unit within this subc
sales center shall be removed, and the entire lot dew
neighborhood park to be maintained by the homeowner's
I The plan for this park shall be approved by the Land
Manager.
Prior to recordation of any final maps the applicant st (3)
detailed traffic study identifying additional intersect
ments required as a result of traffic impacts from 1
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- This study shall not be limited to, but shall specificE
the following intersections: Cannon Road and College Ab
Camino Real. Impacts directly attributable to this proje
mitigated to the satisfaction of the City Engineer.
The developer shall display a current Zoning and Land USE
sales office at all times, and/or suitable altern: (4)
satisfaction of the Land Use Planning Manager,
(5) All sales maps that are distributed or made available tc
shall include but not be limited to trails, future i
schools, parks and streets.
(6) Building identification and/or addresses shall be placet and existing buildings so as to be plainly visible fror
or access road; color of identification and/or add
contrast to their background color.
(7) Prior to occupancy of any units, the applicant shall
directory sign at the entrance to the project. The de:
sign shall be approved by the Land Use Planning Manager.
(8) If any condition for construction of any public imp1
facilities, or the payment of any fees in lieu thereof,
this approval or imposed by law on this project are chall
65913.5. If any such condition is determined to be ir
approval shall be suspended as provided in Government [
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approval shall be invalid unless the City Council detf
the project without the condition complies with all reqi
law.
1 (9) Prior to final map approval, a traffic analysis address:
service and impacts on adjacent street systems to this pi
be submitted to and approved by the City Engineei
mitigation measures shall be incorporated into this stuc a part of these conditions, if approved by the City Engir
(10) All conditions of approval for this project shall not
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Prior to approval of the final map, the developer must
the systems, facilities, and easements necessary to in Sewer Master Plan ."
(13) This tentative map as extended shall comply with the recc
of the Citizen's General Plan Land Use Element Review I
adopted and approved by the City Council. The map shall
by the Planning Director and City Engineer and shall bf they determine necessary to ensure canpliance recommendations.
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E. That the Agreement for Waiver of Prohibition against the
of conditions upon the approval of an extension of a tentative subd
between Barnes Corporation and the City of Carlsbad, dated May 2
file in the Office of the City Clerk, is approved, and t
authorized to execute such agreement on behalf of the City.
F. That this extension is approved in reliance upon said agre
legal challenge to or failure to perform said agreement or the cc
this resolution shall render this approval void and the map s
final.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Ci
Council held on the 3rd- day of December , 1985 by the follow
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ABSENT: None
22 ' ALETHA L. RAUTENKRANZ, City Clerk
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desiring to speak determined that the public health, safety
welfare require that the interim controls be extended and nc
exceed a period of ten months and fifteen days.
WHEREAS, this ordinance is adopted pursuant to Sect
65858(a) of the California Government Code,
NOW, therefore, the City Council of the City of Car
does ordain as follows:
SECTION 1: No tentative subdivision mapr tentative
parcel map, conditional use permit, planned development pern
site development plan, specific plan, variance, redevelopmei
permit, site plan, coastal development permit, zone change,
general plan amendment, final map, parcel map, certificate I
compliance, grading permit, building permit, master plan or
master plan amendment or development perment processed purs>
to an adopted master plan shall be approved unless the fina
decision making body finds that approval of the permit, plai
change or amendment is consistent with the report of the
Citizen's Committee for the review of the Land Use Element t
Carlsbad General Plan dated July 1985 on file with the City
and incorporated herein by reference, as adopted and supple1
by the City Council as shown on Exhibit A attached hereto a
made a part hereof.
SECTION 2: Notwithstanding Section 1, final maps,
parcel maps, building, grading or other ministerial permit
be approved for projects which on the date of the adoption
this ordinance have had their specific density approved and
received all other final discretionary approvals necessary
the project or which have been scheduled for public hearing
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