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HomeMy WebLinkAbout1987-03-24; City Council; 8927; Appeal of Conditions for CT 82-12-* c ? m 4 a,. uo *rl d m r: WO w Ti 04J -4 &la wo 0 M car .d u aa, Cd oa, ea uo u4J 3 M4J Llm ma, OF: g2 0aI !4 d Ma, -d s mu a, am a, !4 .r( oc Wa, a u md * a, *d N a, Doc, h0 u. a0 sa2 uG a, -0 .rl m u cu3 a, G4 aao *rl 3 6% dhE v -4 w EYG a a .5 Em daw 00 2 g: r- 03 I 4- r\l m I .. z 0 0 I- 4 6 2 3 0 0 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) 'I . e q -1 t I 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 T I 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. e Y I 1 2 3 4 5 6 7 8 e 0 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 11 12 13 14 15 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. ~ 16 17 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 20'1 21 22 23 24 25 26 27 28 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 ." SI 1 1 e 0 4. Where the provisions for final plans are waived 2 3 4 5 6 7 8 9 10 11 12 13, 14 15 16 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: I AYES: NOES: I ABSENT: 17 18 19 20 CLAUDE A. LEWIS, Ma i 1 ATTEST: I ' 22 24 (SEAL) 25 27 28 I ~ * 7 I 1 2l 3! *I 5 6 7' 8 9 10 11 12 13 * 0 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 15 16 17 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 II 19 20 21 22 23 24 25 26 I ~ 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: I 28 ALETHA L. RAUTENKRANZ, City Clerk (SEAL) k LOCATION MAP 0 0 .' I 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, 1 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- e 0 1 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 e 0 I 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. e 1) \ 1 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 v e 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. W 0 .I 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 e 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 0 0 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. 0 e 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. Q 0 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 1 2 3 4 a RESOLUTION NO. 8292 I 0 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 51 6 7 8 9 10 11 12 13 14 15 16 i 17 18 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 ~ and !I 20 21 22 23 24 25 26 27 28 'I 1 and WHEREAS, changed circumstances render Condition No. 45-1 I I i 'I '1 I and I 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 I i 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 l8 0 0 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. I-- -r---- -- - -- - - __-- _I-- - 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: . . ,i 20 21 22 23 24 25 26 27 1' 28 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 1 2 3 4 5 6 7 a 9 10 11 12 13 0 m - 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 [ 14 15 16 17 I.8 19 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 1 I II 25 24 26 27 28 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. I I 1 2 3 4 5 6 7 8 Q 10 11 0 0 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 15 16 I ABSENT: None 22 ' ALETHA L. RAUTENKRANZ, City Clerk 25 26 j 1 .. 1 2 3 4 5 6 7 8 9 10 11 12 ' m 13 98 uu 74 8 0,2z OWa 14 $05.: 15 GI-<& "3.a ,ti" $2~2 16 o@=Zrn zo y 17 >5 5 18 19 20 21 22 23 24 25 26 27 28 a t > 0' LL - to t 0 - m ORDNANCE~~ 1 J &X/-f/1911 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 -2- g--H/L?/