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HomeMy WebLinkAbout1997-06-17; City Council; 14221; Vacate Roadway Dedication Rancho VerdeRECOMMENDED ACTION: Staff recommends the City Council deny Centex Homes request to designate future connection between Encinitas and Paseo Esmerado as a permanent emergency access only. ITEM EXPLANATION: August 7, 1990 the City Council adopted Resolution No. 90-274 approving Carlsbad Tract 89-18 (CT 89-l 8) known as Ranch0 Verde. This subdivision is a 180-lot tract located in the extreme southeast corner of the City on the boundary line with the City of Encinitas. At the public hearing for the project, representatives from the City of Encinitas requested the provisions be made to provide a connection from the subdivision streets to the City boundary to allow future connection between Carlsbad and Encinitas. The Council action required the developer to offer to dedicate the street, post security for future construction of the connection and develop a program to notice all prospective purchasers in the development that access to the City of Encinitas exists through this subdivision and may be constructed and placed in service at the discretion of the City Council. The offer of dedication has been made and securities posted for the future construction of the connection. Centex Homes by letter of April 8, 1997 (Exhibit 1) has requested that the offer of dedication be permanently “reserved for emergency access only”. Under the current status the Council has full discretion as to when and under what circumstances they wish to make the proposed street connection. No physical connection exists at this time. Circulation demands in the future may make this connection desirable. Staff recommends that the Council not at this time preclude any options in regards to this connection. FISCAL IMPACT: None EXHIBITS: 1. Centex letter to Council dated April 8, 1997. 2. CT 89-l 8, Carlsbad Tract Map No. 89-l 8, Ranch0 Verde. 3. Minutes of Public Hearing CT 89-18, Ranch0 Verde, dated August 7, 1990. 4. Resolution No. 90-274, dated August 7, 1990. - -1 , ZITY OF CARLSBAD - AGENDA BILL REQUEST TO VACATE ClTYAlTY. ’ CENTEX HOMES April 8, 1997 The Honorable City Council City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 Dear Council Members: We are hereby requesting the City Council make a determination, pursuant to Council Resolution 90-274, approved by you on August 7, 1990, that the irrevocable offer of dedication for future street, referred to as Street “A” on the Final Map of Ranch0 Verde Unit 2 and recorded as Map No. 13400 on February 5, 1997 in the County of San Diego, California, be permanently reserved for emergency access only. It is our understanding that the City of Encinitas is currently pursuing a course of action leading to the opening of this street as a public access through the Ranch0 Verde neighborhood. This would change the character of the local neighborhood streets in our subdivision and using them as collector streets, a purpose for which they were not designed as evidenced by the curve radii which are below collector street standards. Although the street widths are at a minimum standard for collector criteria, the majority of designated collector streets are wider. In addition, we have experienced the expression of strong home buyer concern regarding the possibility of the street in front of their homes becoming a public thoroughfare and “shortcut” to the local elementary and high schools. Your earliest consideration of this matter would be greatly appreciated. If you have any questions or need any material relative to this matter that we are able to provide, please contactme at431-1211. Ronald M. Brent Vice President CENTEX WEA,. ESTATE CORPOIATION . SAN DlEt‘, D,“,S,ON Exhibit 1 5962 LA PLACE COURT SUITE 250 . CARLSBAD. CALlFORNlA 92008 619431 ,211 . FAX 619 431 551 I -- .J -- . : -- I .. :..- I 1 .- I - (1 i. j- : ;- I F .w- =)- j- z a-- l-r x 1 G CY n -c 2 n: n C n cp C . .? z 3 h 0 0 PUPCHQSING .- 3; 30 37 77 99 ID:7604341987 QPR 23’97 13:56 No.007 P.0: ‘.. _. . MINUTES August 7, 1990 Paps 4 Harjorfe A. nonroy, 3610 Carlsbad Boulevard, q peaking at a Member of the Northwest Quadrant Citizens Qroup, inquired whether there im accountability for the ume of Comununity Developlent Block Orant fundr. She refersncet the pamt ume of fundm to cover the q wimdng pool of the Soye and Girlm Club, and recent reports tht the pool would cease year-round operation. She asked that thio item be placed on a Council agenda. Council inmtructed atoff to report on the pool covering for the Boye and Cirle Club and accountability for the u8e of Community Development Block Grant fundo and place thin item on a future agenda. 16. AB C10.712 - AMENDMENT TO CARLSBAD MUNICIPAL CODE - J’SNCINQ ARODND POOLS. Council adopted the following ordlnancel amendinq Title 18, Chapter :020 of the Carlmbad Municipal Code by the amendment of Section 18.28.020 to clarify the requirements for 6wiaudng pool enclomurem end ume, 17. -713 s CIT Y CWNCIL SALAMIS. Council adopted the following Ordinance1 , amending Title 2, Chapter 2.04 of the Carlobad Munlclpal Code by the amendment of Section 2.04.010 to implem8nt the State Law authorised increame in compensation for the Mayor and Hembers of the City Council. 18. .&&#10.742 - SON!! 12 - LOCAL FACILITIXS NANAQEMNT pLAn* Thio item tram continued to August 21, 1990. 19. m f10.754 - -D u PEKMIT - AANCHO VBKDE - CT 09-16fHDP 89-35JPUD 89- 23fSDP 90-5. Ammimtant Planning Director Qary Wayne referenced a lhnorandum dated Rugumt 6, 1990, from the coamunlty Development Director oontainlng four additional conditions recommended by staff. Mayor Lewim opened the duly noticed public hearing et 6:23 p.m., and laeued the invitation to speak. ‘\ 1 COUNCIL MEMBERS LewiB Kulchin Uamaux Lwie Kulohin Lewlrn Kulchin UMllrUX Exhibit t3 PUPCHF(SING ID:7604341987 QPR 23’97 13:57 No.007 F.03 - MINUTES AU9Umz 1, 1990 pa9e 5 vlllulllllo~lt (Continued) K-n Mmddock, Director of Land Dmwlopment for Brighton Homes, the applicant, 50s N. Tustin &venue. SZSO, Santa hna, preoented slider of the project and asked for approval of the project as a patted community. no raid if the g&or are l Iiminsted, the stremta becoma public as well as the ntarm drain. In rcclpon~~e to Council query, he stated that whatever Pancho Santa Fe Road improvomenta coat, lt’a Ln their budget. Morton August, Dirrctor of public Work*, City of IIncin5ta8, 521 Lnclnitam 0oulovard, 8tated the City of Encinltaa wae reguestLng Carlsbad’e assistance in meatLng emergency reaponee neede of the propertieo at the l d of Lone Jack Road Ln cncinitaa. He requmemd approval of the QrojaCt as an ungsted community with access to Lens Jack Road, as approved by the Planning Commloslon. Doloroa Wolty, 2076 Sherldrn Road, on behalf of FUTURE, exprrssrd concern that Council continued to approve developmont without a virblm city plan. TerrL Simdars, 3476 Sitio Sorde, stated that 100 of the 140 people nlgning the petition had atated they did not want Lone Jack Rood to connact to La Costs Avenue. They believe that the publle access through the Ranch0 Verde project i6 the moot loglcal access to tha #ohoole. Scott Demere, 3574 Lone Jack Road, Olivmhain, apOke in favor of acceae through the Rancho Verde development. He Bald that any traffic generated through Ranch0 Verde would be local, and public roads would be nn enhancemane. Jeff Danisls, 3135 Dusty Trail, Ollvcnhaln, asked Council to oupport the Planning Comlsslon decision to msko tha roads out of Ranch0 Vordo public. Tom Swamon, 3543 Copper Crest Road, reprosmnting the Copper Great Road naintemanoe Aaeociat~on, #poke in support of public rondo through the Ranch0 Verde development. He asked that there be non- qated streets with an Lrrevocable offer to dedicate with a break-away gate until further study can bo done. Chrlo Lloyd, 3615 Fortuna Ranch Road, dncinitar, requested the project ransin .s . gmted, private conmwnity. If these remain public, that endangers his property. Kim Post,3484 Sitio Borde, spoke Ln favor of making the roads public. Ken Haddock spoke Ln rrbuttal, ststing he “s. rdamsntly opposed to any public access through thlm development. 167 \ 7 COUNCIL MEMBERS PURCHRSING ID:7604341987 RPR 23'97 13 57 No.007 P.OS . . . MINUTES August 7, 1990 Page 6 VC (Continued) 6Lnce no one elm wlrhed to speak on this itmm, Mayor Lewie dealared the public hearing closed At 1136 p.m. City Engineer Lloyd Hubbo, in rmqonee to Council W-Y I #tAted thAt the l Xten4ion of Holrose And the AXtAnAiOA Of LA COAtA AVWNIe iA pArt Of CArlAbAd'A Adopted CircUlatiOn Leant. Mayor &uis StAted ha rupportad the Plrnning ConmLmmLon roquirsmnt of 60 foot public mtreetm, with irrom?cAblo offer to dedieAte on ttm pert of the developor, but without emergency ACCOID. Council kmhr Xulchln concurred. Council Adopted the following Roeolurionsr (one motion) ApprOVing A MitigAtd ;Or A 18o-lOt TCIntAtiVO TrACt HAP (cf 89-ISA), Hlll~ide DeveloFnt Plan (HDP B9- 35)‘ Planned Unit LMvmlOpnHnt (PUD 89-23), And A Specl~l Use Pamlt (SUP 90-05) on 216.16 Acre0 on property penorAlly located at the Aoutheadterly corner of the City adjacent to the City of Encinitae. m NO. 90-274, Approving A MO-lot TontAtivo Trect HAP (CT BP-M), on 216.16 AcreA on property gonerAlly located At the Aouth8AAtAXly corner of the City adjacent to tha City of BncLnita8, amended to include the following five conditiona: 1. Within 180 dAy4 from the dAtA of RAncho vorde TAlltAtivU t,Ap (CT 89-18A) ApprOVAl, . finAlICiA guarantee acceptable to the City Council for con4truction of R4ncho SAntA Fe Road improvement4 will be 4ubmlttsd. Unlvrs the guarantee LP Approved by the City Council wlthln the 1130 day period, all procoarlng on the Ranch0 Verde Final MAP wL11 ~0~04 until Auch time A# they Are Approved. The time limit may ho extendAd At the dLecretion of the City Council. 2. A reelAimed water main shAl1 k'inmtalled, if required by th8 recleimed water plan. 3. Prior to the Final HAP approval, the developer AhAll Aubmit A reclaimed Water um~g4 plsn for the entire Tentative l4Ap area for the Approval of the City Cnglnoor. The plAn 6hAll be Ln conformance with the City'8 proposed rcclsimed uAtor mamtor plAn. At minimum, the developer ShAll in&All A dual waterline to Aerv~ all irrigated open rpaoe and extend parkway AreAA with reclaimed w4tor 4~ It become AvailAble. twia Kulchin ,iAmAUX PUPCHWING ID:7604341987 ‘11: RPR 23’97 13:58 No .007 P.05 MINUTES Augumt 7, 1990 Page 1 vt (Continued) 4. If the Water District La Ln a State If or grratar alert, reclaimed wetor shall be used for a11 conetructlon related activities much l (r duet control and grading compaction a@ directed by the city Xnginomr. 5. !rhmrr im to be an irrewweble offer of dadlortion, but no awoes to the VLetS NontanS oul-do-mat from Encinitas, with the provlaion that home purchasera be notltied thet the ecceee could be conetructed at wane future time; and the condition that the dmvelOpOr be required to bond for eonrtruction of that l treat should it become ncceaaary to conetruct the etremt in the future. HO. 90-275, approving a Hillmido bevolopmont PIan (HDP BP-PS), on 216.16 acreo on property generally loeated at the southearterly corner of the City adjacent to tho City of Encinitas. approving (I Planned Unit Developnmt (PUD 89-23), on 216.16 acre8 on property generally located at the ooutheaetmrly corner of the City adjacent to the City of Encinftw. NO, ?g-271, approving a Special Use Permit (SUP go-OS), on 216.16 acres on property generally locatmd at the wuthaanterly corner of the City adjacent to the City of Encinitar. Hayor LewLm declared a RIcew at 7x56 p.m.* and Council rc-convened at 8:07 p.m., with thrmo nombore preeent and Council Mombar Pmttinm and Larson absent. -1 (Continued) 20. m 110.755 - w ABATEWENT PUBLIC w . Mayor Lewis opened the duly noticed public hewing at 8108 p.m., and lowed the invitation to speak. Since no one wished to opeak on thie matter, the public hearing warn closed. Council adopted the following Reaolutionl , confirming the rqmrt of the Fire Cblef Showing coot of weed abatsmmt against each parcel of land in maid report, canfkming the cost, and providing for collection on the regular tax bill. Lewim Kulchin Xamaux , c 1 2 3 4 5/ RESOLUTION NO. 90-274 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A 180 LOT TENTATIVE TRACT MAP (CT 89-la), ON 216.16 ACRES ON PROPERTY GENERALLY LOCATED AT THE SOUTHEASTERLY CORNER OF THE CITY ADJACENT TO THE CITY OF ENCINITAS. APPLICANT: RANCH0 VERDE CASE NO: CT 89-18 6 WHEREAS, on June 20, 1990 the Carlsbad Planning 7 Commission adopted Resolution.No. 3023 recommending to the City 8 Council that the Tentative Tract Map CT 89-18 be approved; and 9 WHEREAS, the City Council of the City of Carlsbad, on 10 August 7, 1990 held a public hearing to consider the 11 recommendations and heard all per&s interested in or opposed to 12 Tentative Tract Map CT 89-18; and 13 NOW, THEREFORE, BE IT RESOLVED by the City Council of 14 the City of Carlsbad, California, as follows: 15 1. That the above recitations are true and correct. 16 2. That the findings and conditions of Planning 17 Commission Resolution No. 3023, on file with the City Clerk and I ' 18i1ncorporated herein by reference constitute the findings and lg jconditions of the 'City Council in this matter except as amended 20 by the addition of the following conditions: Ii 21i'l. Within 180 days from August 7, 1990, the date of Ranch0 Verde Tentative Map (CT 89-18) approval, a financial 22 guarantee acceptable to the City Council for construction of Ranch0 Santa Fe Road improvements will be submitted by.the 23 developer. Unless the guarantee is approved by the City : Council within the 180 day period, all processing on the i 24 . Ranch0 Verde Final Map will cease until such time as it is approved. The time limit may be extended at the discretion j 25 of the City Council. I i I 26 2* Prior to final map approval, the developer shall submit a i reclaimed water usage plan for the entire Master Plan area 27 for the approval of the City Engineer. The plan shall be in 1 conformance with the proposed reclaimed water master plans 28 of the City and Carlsbad Municipal Water District. At minimum the developer shall install a dual waterline to Fvhihit d 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3. i. 5. 5. 3 T. 1 3. 1 a. 3 I . . . . . . . . . . . . . . . . . . . . I . . . . . serve all irrigated open space to be extended to parkway areas with reclaimed water as it becomes available. A reclaimed water main shall be installed if required by the reclaimed water plan. If the Carlsbad Municipal Water District, is in a Stage II or greater alert, reclaimed water shall be used for all construction related activities such as dust control and grading compaction as directed by the City Engineer. All streets in the project shall be public. Prior to final map, the developer shall make arrangements for a program to the satisfaction of the Planning. Director to include a notice to all prospective purchasers in the development that the project may be subject to additional traffic from the construction of a street connection to Encinitas through the subdivision at Paseo De1 Oro. A note to that effect shall be placed on the final map. Notice shall be included in the deed for the sale of any lot that access to the City of Encinitas exists through this subdivision at Paseo De1 Oro which may be constructed and placed in service at the discretion of the City Council. The.developer shall make an irrevocable offer to dedicate a public street with a 60 foot right-of-way and providing for a 40 foot roadway from Paseo de1 Oro easterly to the subdivision boundary to provide for' an access road connecting Carlsbad and Encinitas. Prior to Final Map approval, the developer shall provide security to the satisfaction of the City Engineer and the City Attorney that guarantees the design and construction of the access road identified in Condition No. 7 above. Condition No. 67 of Planning Commission Resolution No. 3023 is deleted. There shall be no access at this time to Encinitas. 2 .. I I i ! I.( 1: 1: 1: 14 If It li 1E 1s 2c 21 22 23 24 25 26 27 20 PASSED, APPROVED AND ADOPTED at a regular meeting of the :ity Council of the City of Carlsbad, California, on the lay of August , 1990 by the following vote, to wit: 7th AYES : Council Members Lewis, Mamaux and Kulchin NOES : , None ABSENT: Council Members ,TTEST: I ) .LETHA L. RAUTENKRANZ, City Clqk CLed, A. k-&-., SEAL) esolution No. 90-274 Page 3 of 3 June 13,1997 Ronald M. Brent Vice President CENTEX HOMES Suite 250 5962 La Place Court Carlsbad. CA 92008 VACATION OF DEDICATION CONNECTING RANCH0 VERDE SUBDIVISION TO ENCINITAS Dear Mr. Brent: In response to your April 8, 1997 request, staff has prepared a report to City Council which will be heard June 17, 1997 at 6:00 p.m., at 1200 Carlsbad Village Drive. Attached for your information is a copy of the staff report recommending denial of your request. If you have any questions please let me know. \ccm % efkf LBH:tlg Attachment c: City Manager City Attorney Community Development Director m Clerk 2075 Las Palmas Dr. l Carlsbad, CA 92009-l 576 - (619) 438-1161 l FAX (619) 438-0894 @ June 17. 1997 CENTEX HOMES ML RECEIVED SAN DIECO DIVISION Mr. Raymond Patchett. City Manager City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 Dear Mr. Patchett: I am hereby requesting that the agenda item regarding my letter of April 8, 1997 requesting “emergency access only” status for the future street, shown as Street “A” on the Final Map of Ranch0 Verde, Unit 2, be postponed until July or August. Until a few days ago. I had reason to believe that I had strong staff support on this issue. Therefore. 1 was shocked when I read the staff report recommending denial of my petition. I need additional time to collect my own data and prepare my own exhibits in order to give the Council the benefit the full hearing this issue deserves. Your consideration of this request will be greatly appreciated. Very truly yours, Vice President CENTEX HOMES . SAN DIEGO DIVISION 5062 LA PLACE COURT 5UlTE LSO CARLSBAD. CAL,FORN,A 92008 PHONE 760.431 .I ZI I FAX- 760-431 -551 1 JUN.17.1997 12:23PM I:‘-” OF ENCINTRS 619/633-2627 June 17,1997 I Jobn Davis I Hwnr Lou AfpeU I’epucy myor 3ames H. Bond counai .McmbcI Sheila Cammn Cuwcll mmhcr cbucc DuVlvfer COUnCd Mcmbcr Laurel hf. Wasmman cm hfml¶$cr James F Brmson hi.mnl City Manager Mayor Bud Lewis City of Carl&ad 1200 Cansbad Village Drive Carlsbad, CA 92008 Dear BuU: NO. 289 P. l/l AGENDA ITEM # /b ,-. ca Mayor City Council my Manager City Attorney City Clerk At our May 291997 meeting, the City Council directed our staff to work with Carlsbad to establish an unrestricted residential road connection between Lone Jack Road in Encinitas and Paseo Esmerado in Cansbad. In Enclnitas, the needed right-of-way was offered for dedication as a condition of the LL Ranch project. In Cadsbad, the developer of the Ranch0 Verde project (tract 89-18) was also required to offer to dedicate the necessary street fight-of-way and post security for the future construction. The City now understands that Centex Homes has requested that the road connection be restricted to emergency vehicles only, and that at tonight’s Council meeting your staff is recommending that Centex Homes‘ request be dented. The City of Encinitas strongly agrees with your staffs recommendation to deny Centex Homes’ request The City of Encinitas is currently preparing a traffic model to determine the traffic volumes that can be expected on both City’s streets with the subject road connection In place. I believe that the traffic circulation will improve with the road connection in place, Thank you in advance for your positive consideration on this very important matter. Sincen3ly. CITY OF ENCINITAS 4-&-//” & John Davis Mayor cc: Lauren Wasserman ADA Hans Jensen Llovd Hubbs (fax 438-08941 a -- \--- I .- TEL 619453%2600 /q-4X 619-633-2627 505 S Vulcan Awnuc, Encinire. Californh 920244633 TDJI 6lY-633-2700 +;> rtwyclsd paper