HomeMy WebLinkAbout1995-02-14; City Council; 13027; Request For Refund of Deposit Lupine Road49
” CIT” OF CARLSBAD - AGENM BILL= , 8
AB # I3/-1a? TITLE:
MT& 2-14-95 REQUEST FOR REFUND OF
. DEPT. ENG CASH DEPOSIT FOR LUPINE ROAD CT 85-35
=: RECOMMENDED ACTION:
Deny the developer’s request for a refund of the cash deposit for Lupine Road and direct
staff to return the matter for a public hearing on the opening of Lupine Road to through
traffic.
ITEM EXPLANATION:
Aviara Land Associates is requesting release of a $67,365 cash deposit held by the City
as security for the future construction of Lupine Road between Hummingbird Road and
Mimosa Drive. The security deposit was posted in satisfaction of a condition of the tentative
map approval for the Aviara development (Condition No. 6 of Council Resolution 9322 for
Carlsbad Tract 65-35). The condition requiring the cash deposit was imposed by Council
after taking public testimony on the Aviara project at their December 6, 1987 meeting. Staff
and Planning Commission recommendation at the time was to require the developer to
make full public dedication and improvement to Lupine Road to City Standards. ’
The Lupine Road connection tiould provide a secondary means of access to the
southeastern portion of the Aviara development from El Carnino Real. After hearing public
testimony in objection to the proposed Lupine Road connection from the residents of the
existing Seaport project, Council imposed a condition upon the developer requiring
construction of a reduced standard, emergency-only access connection to Lupine Road.
The Council condition further specified that the developer would post a cash deposit for
the full improvement of Lupine Road to be installed when Council determines it is required.
Though not explicitly stated in the condition of approval, there was general agreement by
Council that the issue would be revisited when Arenal Road was extended and connected
to Batiquitos Drive.
Subsequent to their approval of the Aviara project, Council approved the City Traffic Impact
Fee Study which recommended permanent removal of the Arenal Road extension from the
City’s Circulation element. The Council decision on Arenal Road was based upon the
existing environmental constraints, cost factors and the fact that the existing road system
could adequately handle the existing and proposed traffic within the area.
In light of the City decision to delete the Arenal Road connection, the developer is
requesting a return of their cash deposit. For the past year and a hatf, staff has been
working with the developer on a mutually acceptable program for the construction of
Lupine Road and return of the cash deposit. Due to a difference in opinion with regard to
the necessity for the Lupine Road connection, staff has been unsuccessful in coming to
agreement with the developer. Staff is therefore seeking Council direction on this matter.
I
Page 2 of Agenda Bill No. / 3,,02?
Options at this time are as follows:
1. Use the developer deposit to construct full improvements on Lupine Road, remove
the gate from the public right-of-way and open Lupine Road to through traffic.
Council may wish to hold a public hearing with the adjacent Seaport and Aviara residents before proceeding with this alternative.
2. Keep the deposit as is and defer the decision on the matter of the Lupine Road connection until later when the Aviara development is more completely developed.
3. Require the developer to upgrade the existing temporary improvement to a more
permanent status to include asphaltic resurfacing of the existing all weather access
road, installation of concrete curbing and driveway approaches at each end of
existing Lupine road, installation of new sidewalks and landscaping and, installation of new “Knox” type locks and pedestrian openings in the existing fence. Upon completion of upgraded improvements return the Developer’s deposit.
Staff, including the Fire Marshall, recommend Option 1. The Fire Marshall is concerned with maintaining adequate response time to future residents in the Aviara subdivision.
Presently, with the gated access, response times are less than optimal (ranging up to five
minutes). Without a gated access, the response times can be cut to less than two minutes.
Alternatively, if Council desires to permanently maintain the status of the existing road closure, staff recommends Option 3. This option would spruce up the existing temporary
improvements and remove the developer’s uncertainty regarding the long term status of
their cash deposit,
FISCAL IMPACT
If Council denies the request for refund, there will be no fiscal impact to the City. If Council
approves the request for refund without requiring full improvement and the City later
decides to install the Lupine Road improvements, the City will be obligated to expend
approximately $45,000 in General Fund monies to complete the construction.
EXHIBITS:
1. Location map.
c -
LOCATION MAP
NOT TO SCALE
PROJECT NAME EXHIBI- LUPINE ROAD 1