HomeMy WebLinkAbout1999-04-13; City Council; 15141; Urgency Ordinance Establishing A MoratoriumCl I 7 OF CARLSBAD -AGENDA rilLL I
4B# /$/%/ TITLE: GROWTH MANAGEMENT CIRCULATION
DEFICIENCIES, MITIGATION PROGRAM AND APPROPRIATION MTG. 4/l 3199 OF FUNDS FOR THE INTERSECTION OF PALOMAR AIRPORT CITY Al-l-Y. &FL ’
ROAD AND EL CAMINO REAL AND ADOPTION OF AN URGENCY DEPT. ENG ORDINANCE ESTABLISHING A MORATORIUM CITY MGR.
RECOMMENDED ACTION:
That the City Council adopt Resolution No. 49-130 finding a deficiency to exist, adopting a Mitigation Program for the Growth Management Performance Standards for Circulation, appropriating funds for the mitigation.
That the City Council adopt Urgency Ordinance No. q73 prohibiting the issuance of building
and other development permits.
ITEM EXPLANATION:
In compliance with the Growth Management Ordinance (Chapter 21.90 of the Carlsbad Municipal Code), the City prepares an annual monitoring report regarding the performance of the City’s
circulation system. The Performance Standard for Circulation requires a Level of Service (LOS) of D
or better at peak hours. If deficiencies are identified in the monitoring report, the Growth
Management Ordinance requires that these be brought to the attention of the City Council along
with a plan for correcting the deficiency. Chapter 21.90.080 states, “If at any time after preparation
of a local facilities management plan the performance standards established by a plan are not met
then no development permits or building permits shall be issued within the local zone until the
performance standard is met or arrangements satisfactory to the City Council guaranteeing the facilities and improvements have been made.”
The 1998 monitoring report noted deficiencies at two locations. As described in more detail in the attached memos from the Community Development Director and the Public Works Director
(Exhibit 2), the report indicated unacceptable LOS at:
0 The intersection of El Camino Real and Palomar Airport Road 0 The intersection of El Camino Real and La Costa Avenue
The deficiency at the El Camino Real and La Costa Avenue intersection is the direct result of construction activities to widen La Costa Avenue. When construction is completed, this intersection will return to an acceptable LOS.
The deficiency at the El Camino Real and Palomar Airport Road is a more serious Growth Management concern. The unacceptable LOS is due to increased traffic volumes at peak hours, attributable to both regional commuter traffic and employees in Carlsbad’s industrial corridor. Potential actions to address this failure fall into four categories:
1. Construction of dual right-turn lanes. 2. Completion of parallel roadway segments that relieve traffic impact to Palomar Airport Road. 3. Transportation Demand Management measures. 4. Increased transit service in the industrial corridor.
Each of these measures is described in further detail in the memo from the Community Development and Public Works Directors. A combination of the above measures may be necessary
to achieve an acceptable LOS for the present and in the future.
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Page 2 of Agenda Bill No . /94/
POLICY ALTERNATIVES
The short term action is to construct dual right-turn lanes on westbound Palomar Airport Road to
northbound El Camino Real and northbound El Camino Real to eastbound Palomar Airport Road.
When constructed, these improvements can be expected to improve the Level of Service for a 1 to
3 year period.
These mitigation measures, however, exceed those currently identified for buildout. The Council, as
a part of the “Circulation Implementation Program and Traffic Impact Fee Study”, adopted the
following policy:
“No interim mitigation improvements beyond those identified for construction at
buildout of the City will be allowed. Where buildout mitigation is not adequate to meet
Growth Management Standards, construction of the appropriate missing circulation
elements is the only acceptable mitigation measure. ”
Recent traffic studies indicate that the right-turn lanes may be required at buildout to accommodate
increased regional traffic. Updated traffic studies will be required to verify these findings.
Two alternatives have been identified for the Council’s consideration.
0 Guarantee the right-turn lane construction immediately. This alternative is being
recommended and is detailed below.
0 Implement interim growth controls and continue to develop programs to ensure ongoing
compliance with circulation standards and policies.
This option is detailed in the attached memo. Under this option the Council would impose a
prohibition on building permits in Zones 5 and 17 for 45 days or until staff could verify that right-turn
lanes are needed at buildout or Faraday Avenue could be guaranteed.
RECOMMENDATION
Staff recommends the following short term Mitigation Program:
0 Appropriate funds from the General Capital Construction (GCC) fund and direct staff to
initiate; environmental studies, preliminary design and the right-of-way acquisition necessary to construct additional right-turn lanes. The current cost estimate to complete this work and
construction is $1 ,OOO,OOO.
0 Adopt the attached urgency ordinance establishing a moratorium.
0 Require developers and builders in Zones 5,10,15,16,17,18,20 and 21 to enter into an
agreement to pay their proportionate share of the dual right-turn lanes at PAR/ECR as a
condition of development and building permit issuance. That agreement will allow permits to be issued. The proportionate share for individual building permits will require additional staff
research. If any of those zones are found not to impact the intersection, per Growth
Managements definition, they will not be required to pay.
It is projected that the construction of the dual turn lanes, will bring the intersection into
conformance for a 1 to 3 year period.
Page 3 of Agenda Bill No. /$ /c//
In addition to the mitigation program, staff is directed to:
0 Continue working with developers to establish a financing district for the construction of Faraday Avenue and Melrose Drive.
0 Continue working with developers on the construction phasing of Poinsettia Lane east of
El Camino Real.
l Continue to implement a fee program for completing Poinsettia Lane west of El Camino Real.
0 Work with Palomar Corridor Industry to implement Transportation Demand Management
strategies.
FISCAL IMPACT:
The estimated cost for the construction of the dual right-turn lanes is $1 ,OOO,OOO. Staff recommends
that Council authorize a transfer and appropriation of $1 ,OOO,OOO from the-General Fund balance to
the General Capital Construction Fund for environmental review, right of way acquisition, design
and construction of dual right-turn lanes. Affected development will be required to reimburse its fair
share of the appropriated funds.
EXHIBITS:
1. Resolution No. 4q-/30 f d’ In rng a deficiency to exist, adopting a Mitigation Program and
appropriating funds for the Growth Management Performance Standards for Circulation and
adopting an urgency ordinance establishing a moratorium.
2. Urgency Ordinance (with attached payment agreement). EIS-473.
3. Memorandum dated March 17, 1999 from the Community Development Director and Public Works Director.
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1 / RESOLUTION NO. 99-130
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, FINDING A DEFICIENCY TO EXIST,
ADOPTING A MITIGATION PROGRAM (INCLUDING AN
URGENCY ORDINANCE ESTABLISHING A MORATORIUM)
AND APPROPRIATING FUNDS.
5 WHEREAS, on November 4, 1986, the voters of Carlsbad approved a ballot measure
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which enacted a Growth Management Plan for the City of Carlsbad, codified as Chapter 21.90 of
the Carlsbad Municipal Code; and
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WHEREAS, the Growth Management Plan makes the approval of new development
contingent upon adequacy of public facilities at all times, based on Performance Standards for
eleven identified public facilities; and
WHEREAS, the Performance Standard for Circulation states that no intersection shall
operate at worse than a Level of Service D during peak hours as measured by the City’s annual
traffic monitoring program; and t
WHEREAS, the traffic monitoring report for the .19g8 calendar year identified the
intersection of Palomar Airport Road and El Camino Real as operating at Level of Service E
during the morning and evening peak hours; and
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WHEREAS, the Growth Management Program requires City departments to report any
Growth Management deficiency to the City Manager and City Council for appropriate action; and
WHEREAS, the Public Works Director and Community Development Director have
provided a report which documents the failure of the intersection of Palomar Airport Road and
El Camino Real; and
WHEREAS, Section 21.90.080 of the Carlsbad Municipal Code states, “If at any time after
preparation of a local facilities management plan the performance standards established by a
plan are not met then no development permits or building permits shall be issued within the local
zone until the performance standard is met or arrangements satisfactory to the City Council
guaranteeing the facilities and improvements have been made.“; and
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WHEREAS, continued issuance of building permits in the affected zones will add
additional trips to Palomar Airport Road and El Camino Real which will exacerbate the existing
Growth Management failure; and
WHEREAS, Zones 5 and 17 contain the intersection of Palomar Airport Road and
El Camino Real; and
WHEREAS, approval of entitlements for development is contingent on continued
compliance with all of the adopted Performance Standards contained in the Growth Management
Program; and
WHEREAS, traffic studies indicate that 20% of traffic generated in Zones 10, 15, 16, 18,
,20, and 21 impacts the affected facility.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
California, as follows: :
1. That the above recitations are true and correct.
2. A deficiency of’ the Performance Standard for Traffic Circulation exists for the
intersection of Palomar Airport Road and El Camino Real, based on objective and scientifically
performed studies.
3. That the City Council directs staff to initiate environmental studies, preliminary
design and the right of acquisition necessary to construct additional right-turn lanes at the
intersection of El Camino Real and Palomar Airport Road.
4. That City Council authorize a loan and transfer $1 ,OOO,OOO from the General Fund
balance to the General Capital Construction fund and an appropriation of $1000,000 to the project
account for environmental review, right of way acquisition, design and construction of dual
right-turn lanes to be repaid when sufficient development related funds are obtained pursuant to
the agreement approved herewith and development related fees to be imposed and collected in
connection with the processing and approval of development application. The loan share bear
interest at the City prevailing portfolio interest rate. All Discretionary projects in these zones shall
be conditioned to sign an identical agreement.
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1 5. That City Council, by separate concurrent action, adopts the companion
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moratorium ordinance.
6. That ordinance, prior to development or building permit issuance, all development
in Zones 5,10,15,16, 17,18,20 and 21 shall sign an agreement to pay their fair share of the
mitigation to reimburse the General Capital Construction program.
7. That City staff continue to actively pursue a funding programs to ensure
construction of parallel routes to Palomar Airport Road.
8. That City staff report back to City Council in forty-five (45) days on their progress
and recommendation on any other affected zones.
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11 PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council
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held on the 27th day of April * 1999 by the following vote, to wit:
AYES: Council Members Lewis, Hall, Finnila, Nygaard and Kulchin '.
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ATTEST: 19
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21 ALETHA L. RAUTENRRANZ, City Cle$ (SEAL)
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I ORDINANCE NO. NS-473
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, ADOPTING A
MORATORIUM AS AN EMERGENCY MEASURE
PROHIBITING THE APPROVAL OF ANY BUILDING PERMIT
OR OTHER DEVELOPMENT PERMITS OR APPROVALS IN
LOCAL FACILITIES MANAGEMENT ZONES 5,10, 15, 16, 17,
18.20 AND 21.
WHEREAS, the Growth Management Plan makes the approval of new
development contingent upon adequacy of .public facilities at all times, based on
Performance Standards for eleven identified public facilities; and
WHEREAS, the Performance Standard for Circulation states that no intersection
shall operate at worse than a Level of Service D during peak hours as measured bythe
City’s annual traffic monitoring program; and _ .,
WHEREAS, the traffic monitoring report for the 1998 calendar year identified the
intersection of Palomar Airport Road and El. Camino Real as operating at Level of
Service E during the morning and evening peak hours; and
WHEREAS, the City Manager determined, based on a report from the Public
Works Director and Community Development Director a failure of the intersection of
Palomar Airport Road and El Camino Real has been identified; and
WHEREAS, Section 21.90.080 of the Carlsbad Municipal Code states, “If at any
time after preparation of a local facilities management plan the performance standards
established by a plan are not met then no development permits or building permits shall
be issued within the local zone until the performance standard is met or arrangements
satisfactory to the City Council guaranteeing the facilities and improvements have been
made.” and;
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WHEREAS, Zones 5 and 17 contain the intersection of Palomar Airport Road
and El Camino Real, and;
WHEREAS, traffic studies indicate Zones 10, 1516, 18, 20 and 21 may
contribute 20% or more of their traffic to the intersection of Palomar Airport Road and El
Camino Real, and;
WHEREAS, Government Code section- 65858 authorizes the City Council to
adopt, as an urgency measure, an interim ordinance prohibiting such development
approvals for 45 days by a four-fifths vote; and
WHEREAS, Government Code section 65858 authorizes extension of said
emergency interim ordinance, after ,notice and hearing, by a four-fifths vote,for up to IO
months and 15 days; and may be subsequently extended once for up to one additional
‘year;. and
WHEREAS, alternatively, the City Council adopts this urgency measure pursuant
to Government Code sections 36934 and 36937 for the immediate preservation of the
public peace, health or safety based on the facts as set forth in the recitals to this
ordinance and the facts contained in Agenda Bill No. 15,141 and the facts as elicited at
the public hearings of April 13, 1999 and April 27, 1999; and
WHEREAS, the City Council has determined for the reasons stated above that
such potential development represents a current and immediate threat to the public
health, safety and welfare; and
NOW THEREFORE, the City Council of the City of Carlsbad, California, does
ordain as follows:
SECTION 1: That the above recitations are true and correct.
Ordinance No. NS-473
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SECTION 2: No building permit or other development permit for a project which
adds traffic to this intersection shall be issued within Zones 5,10, 15, 16, 17, 18, 20 and
’ 21.
SECTION 3: Notwithstanding the above prohibition, if Applicants execute and
record an Agreement substantially in the form attached hereto marked Exhibit “A”,
approved as to form by the City Attorney, and executed on behalf of the City by the City
Manager or designee, agreeing to pay their fair share of the equivalent of any fee
ultimately adopted by the City Council to finance the necessary intersection
improvements to eliminate said deficiency, ,payable at building permit, then building
permit or development permits may be issued for properties within Local facilities-
management zones 5,10,15,16, 17,18; 20.and.21. _
SECTION 4: On or before 45 days following the adoption of this ordinance, the ’
City Council shall hold a public hearing to consider ‘extending this ordinance for IO
months and 15 days pursuant to Government Code section 65858(a). The City Clerk is
directed to notice the hearings as required by Government Code section 65090.
SECTION 5: The City Council may amend this ordinance from time to time if it
finds there are changed circumstances in the facts that led to its adoption.
DECLARATION OF URGENCY: This ordinance is hereby declared to be an
emergency ordinance adopted as an urgency measure to protect the public health,
safety and welfare and shall take effect immediately upon its adoption, Facts
constituting the emergency are set forth above and represent a current and immediate
threat to the public health, safety and welfare.
Ordinance No. NS-473
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EFFECTIVE: This ordinance shall be effective immediately upon passage and
shall be of no further force and effect after 45 days of the date of its adoption unless
extended by the City Council according to law. Thereafter, if extended, it shall remain
in effect until the City Council finds that a funding mechanism guaranteeing construction
of the required intersection improvements are in place, unless sooner repealed by the
City Council.
At least 10 days prior to the expiration of this interim ordinance, the City Council
shall issue a written report describing the measures it has taken to alleviate the
conditions which lead to the adoption,of this ordinance. The City Clerk of the City of
Carlsbad shall certify to the adoption of this ordinance and cause it to be .published
once in a newspaper of general circulation. in the City of Carlsbad .within fifteen -days
after its adoption. :. . . ,:
INTRODUCED PASSED AND ADOPTED at a regular meeting of the Carlsbad
City Council on the 27th day of *Pril , 1999, by the following vote, to
wit:
AYES: Council Members Lewis, Hall, Finnila, Nygaard and Kulchin
NOES: None
ABSENT: None
AP Pl OVED AS TO FORM AND LEGALITY
/t&J--4-Q 6 . sol).
RONALD R. BALL, City Attorney
P~28.99 * ATTEST:
ALETHA L. RAUTENKRANZ, City @Ierk
(SEAL)
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e Exhibit A to Ordinance NS-473
i 1;
RECORDING REQUESTED BY AND )
WHEN RECORDED MAIL TO:
i City Clerk
CITY OF CARLSBAD ; 1200 Carlsbad Village Drive 1 Carlsbad, California 92008-I 989 )
Space above this line for Recorder’s use
AGREEMENT BETWEEN DEVELOPER/OWNER
AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A
LOCAL FACILITIES MANA E TRANSPORTATION FEE
on said Property, which developm
and is hereafter referred to as “Development”; and
LFMP Zone Tmqortation Fee 4J29199
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WHEREAS, Developer filed on the
with the City a request for
“Request”; and
day of 8 19-v
hereinafter referred to as
WHEREAS, the Growth Management Ordinance (Carlsbad Municipal Code Chapter
21.90) requires that the City Council find that all public facilities necessary to serve a
development will be available concurrent with need or such development shall not be approved;
and
WHEREAS, Developer,a
Ordinance, and that the
are at capacity
facilities resultin
&$of the Growth Management
IP Zone ” 3,. ?I !&r transportation
the parties agree a
estimated at $10.00 per Avera
e in an amount
the Request. The fee shall be paid prior to the issuance of building or other construction permits
for the Development. Notwithstanding the forgoing, said fee is subject to adjustment, based
upon the amount of the LFMP Zone transportation fee, or other fee, ultimately adopted by the
I LFMP Zone Transportation Fee 4t29l99
City Council as the basis for termination of the Moratorium declared by the City Council on April
27, 1999. If said fee has not been paid prior to final Council action formally adopting such fee,
this fee shall automatically be adjusted to be the same as that fee. If this fee has been paid prior
to such Council final action, then this fee will again automatically be adjusted, and Developer
shall, within thirty (30) of written notice thereof by City pay any shortfall; or City shall within thirty
(30) days of such determination, refund any overage. This fee shall be in addition to any taxes,
fees, dedications or improvements required
Municipal Code. The terms,,,<+
“entitlement for use” a
projects, shall no
to Titles 18, 20 or 21 of the Carlsbad
2.
consisten
nd sufficient funds
4. City agrees to provide upon request reasonable assurances to enable Developer
to comply with any requirements of other public agencies as evidence of adequate public
facilities and services sufficient to accommodate the needs of the Development herein
described.
LFMP Zone Transportation Fee 4l29199
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5. All obligations hereunder shall terminate in the event the Request made by
Developer is not approved.
6. Any notice from one party to the other shall be in writing, and shall be dated and
signed by the party giving such notice or by a duly authorized representative of such party. Any
such notice shall not be effective for any purpose whatsoever unless served in one of the
following manners:
6.1 If notice is given
depositing same in the United,jg
enclosed. in a sealed
prepaid and
en to Developer by pers
United States Mail;enclosed i
i
by depositin d ,!,I ,Gm
Developer
livery thereof to the City or by
ment shalrw bindin$Iipg~ and shall’fnure to .@e; shall
successors
have first assumed
LFMP Zone Transportation Fee
6. This agreement shall be recorded but shall not create a lien or security interest in
the Property. When the obligations of this agreement have been satisfied, City shall record a
release.
IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as
of the date first written above.
DEVELOPER-OWNER: CITY OF CARLSBAD, a municipal
corporation of the State of California
(Name of Developer)
! ,,, : Assistant City I?&
(President of vice
on/y one officer s
(If signed by an individual partner,
for corporations. If
authotizing the partner to execute this instrument).
4/29/99 I LFMP Zone Transportation Fee
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EXHIBIT ‘A”
LEGAL DESCRIPTION
L,FMZ Transportation Fee
4199
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
On
appeared
before me,
Notary Public, personally
, [ ] personally known to me -
or [ ] proved to me on the basis49
name(s) is/are subscri
he/she/they execute
his/her/their si
which the per
WITNESS rj
4l99 LFMZ Transportation Fee
Exhibit 3
March 17, 1999
TO: CITY MANAGER ’
FROM: Community Development Director
Public Works Director
CIRCULATION FACILITIES FAILURE AT THE INTERSECTION OF
PALOMAR AIRPORT ROAD AND EL CAMINO REAL
Our annual traffic monitoring has indicated that the intersection of El Camino Real (ECR) and
Palomar Airport Road (PAR) is not meeting the Growth Management Performance Standard for
Circulation. The purpose of this memo is to update you on the status of staffs efforts to
address this situation to comply with the Growth Management Ordinance.
Backaround and Statement of the Problem
Several sections of the Growth Management Ordinance address a failure to meet a
Performance Standard. Per those sections, the City Manager is required to inform the City
Council of that failure. The facility that is failing is the intersection of Palomar Airport Road
(PAR) and El Camino Real (ECR). The indicated level of service (LOS) is E in both the a.m.
and p.m. peak hours. Per Growth Management, if the LOS falls below D, it is considered a
failure.
Per the Ordinance when City Council declares a Growth Management failure, no development
or building permits are to be approved until arrangement satisfactory to the City Council
guaranteeing required facilities has been approved. Examples of development permits are
Tentative and Final Maps, Planned Industrial Permits and Site Development Plans.
A facilities failure has occurred several times since 1986. In those few cases, a hold on
permits, as described in the Growth Management Ordinance, has been imposed by the City
Council. The most noteworthy and relevant past situations involved the La Costa Avenue/l-5
Interchange. Development in Zone 6 was halted for a short time while staff developed a
financing program for the interchange. The hold on permits was ended when the City Council
adopted a program to finance the interchange improvements from Bridge and Thoroughfare
funds. The other situation occurred when the road section of PAR east of ECR failed to meet
standards, development in Zone 5 was halted until the developers posted securities to
guarantee a project to widen the road.
Lona-Term Solutions (36 vears)
Based on traffic studies prepared in the early 1990’s, the circulation standard will be met when
the east/west parallel arterials, Faraday Avenue and Poinsettia Lane, have been constructed. At this time, no plans guaranteeing the construction of these roadways are in place and it is
estimated that it will take 1 to 3 years to accomplish the final financing program.
March 17, 1999 CIRCULATION FACILITIES FAILURE AT THE INTERSECTION OF PALOMAR AIRPORT
ROAD AND EL CAMINO REAL
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Short-Term Solutions (l-3 vears)
Three short-term options have been identified:
1. Construct dual right-turn lanes on westbound PAR to northbound ECR and northbound
ECR to eastbound PAR - Estimated Construction Cost $1 ,OOO,OOO.
2. Implement Transportation Demand Management (TDM) strategies to reduce industrial
peak-hour traffic.
3. Increase transit service to the industrial corridor to reduce peak hour traffic.
Option 1 will correct the problem for a 1 to 3 year timeframe and allow staff to complete
financial arrangements for the parallel arterials, however these mitigation measures exceed
those currently identified for buildout. The Council, as a part of the “Circulation Implementation
Program and Traffic Impact Fee Study”, adopted the following policy:
“No interim mitigation improvements beyond those identified for construction at
buildout of the City will be allowed, Where buildout mitigation is not adequate to
meet Growth Management Standards, construction of the appropriate missing
circulation elements is the on/y acceptable mitigation measure. ”
Recent traffic studies indicate that the right-turn lanes may be required at buildout to
accommodate increased regional traffic. Updated traffic studies will be required to verify these
findings.
Options 2 and 3 have not been tested for potential effectiveness and will require several months
to evaluate.
ImDacted Zones
Under the Growth Management Program, should the Council determine that a deficiency exists,
no further development or building permits shall be issued within the “affected” local facilities
management zones. The circulation standard defines “affected zones” as the zones within
which the failure occurs and other zones contributing 20% of their traffic to the failing
intersection or link.
The intersection of ECR and PAR is located within Zones 5 and 17. In reviewing other traffic
studies, other candidate zones potentially affecting the intersection are Zones 10, 15, 16, 18,
20, and 21. Further traffic analysis will be required to determine with a high level of confidence
those candidate zones that actually contribute 20% of their traffic at this time.
March 17,1999
CIRCULATION FACILITIES FAILURE AT THE INTERSECTION OF PALOMAR AIRPORT
ROAD AND EL CAMINO REAL
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Short-Term Alternatives
Two approaches to implement short-term alternatives are summarized as follows:
1. Guarantee Right Turn Lane Project
0 Advance $1 ,OOO,OOO and direct staff to initiate environmental studies, preliminary design and the right-of-way requirements necessary to construct additional
right-turn lanes.
0 Require developers within Zones 5,10,15,16,17,18, 20 and 21 to enter into an
agreement to pay their proportionate share of the widening of PAR/ECR as a
condition of development permit issuance.
0 Update traffic model and evaluate capacity of ECR/PAR intersection at buildout.
0 Explore potential impacts of Transportation Demand Management strategies on
EClWPAR intersection capacity with Chamber of Commerce transportation
committees and business community.
a Staff report to Council within sixty (60) days to finalize intersection improvement
program.
2. Implement Growth Control Measures
0 Discontinue issuance of development permits in local facilities management
Zones 5 and 17.
0 Instruct staff to prepare studies to identify other impacted zones.
0 Initiate environmental studies, preliminary design and right of way requirements
necessary to construct additional right turn lanes at PAR/ECR.
0 Update traffic model and evaluate capacity of ECR/PAR intersection at buildout
to verify need for the additional right-turn lanes.
0 Explore potential impacts of Transportation Demand Management strategies on
EClWPAR intersection capacity with Chamber of Commerce transportation
committees and business community.
0 Explore funding requirements and program to guarantee short-term
improvements to improve intersection levels of service.
0 Staff report to Council within sixty (60) days on status of intersection
improvement program.
March 17, 1999
CIRCULATION FACILITIES FAILURE AT THE INTERSECTION OF PALOMAR AIRPORT
ROAD AND EL CAMINO REAL
Page 4
Lona-Term Solution
These two approaches would implement a program which would restore an acceptable level of
service from 1 to 3 years. To ensure continued compliance with Growth Management
Standards, it will be necessary to develop financial guarantee programs to construct the parallel
arterial roadway system including Faraday/Melrose and Poinsettia Lane. This will require that
all discretionary approvals of development impacting the intersection be required to guarantee
the timely construction of these roadways.
Recommendation
It is recommended that Council approve Short-Term Alternative No. 1 guaranteeing installation
of the additional right-turn lanes and instruct staff to actively pursue funding programs to ensure
the construction of the parallel east/west arterials.
Guaranteeing the right-turn lane project with adequate reimbursement obligations from
developing properties is the most expeditious way to improve traffic flow at the intersection with
minimum disruption to development projects which have expended considerable resources in
reliance that adequate facilities were being provided. This will avoid expending needless staff
effort on the development of regulatory controls. The time will be spent instead providing short
and long-term solutions to the transportation problem. This approach will also avoid potentially
costly litigation.
Palomar Airport Road acts as a regional arterial as such is directly impacted by developments
in adjoining cities. Development restriction in Carlsbad would only increase development
pressures in adjacent cities defeating our goal to address transportation concerns.
The early identification of the traffic concerns and the proposed mitigation program
demonstrate, again, the effectiveness of growth management and the ability of the Council to
exercise local control in the provision of a balanced transportation system. The annual traffic monitoring program quickly identified the dramatic increase in traffic over the past year and the
Growth Management Standards provide the tools to manage development to assure adequate
facilities are constructed.
It should be stressed that the proposed short-term solution does not address the long-term
concern. If guarantees cannot be completed in the next 1 to 3 years, development impacting
this intersection will not be able to proceed. Development permits within “affected zones” must
provide adequate mitigation of transportation concerns or permits will not be able to be issued.
An agenda bill is being prepared for formal Council direction. The report will incorporate
appropriate actions to implement the recommended approach.
. . ..’ --ye+ AL. s
FOR THE INFORMATION OF
THE CITY COUNCIL
April 27,1999
TO: Mayor and City Council
FROM: City Attorney
AGENDA ITEM NO.5 (GROWTH MANAGEMENT CIRCULATION DEFICIENCIES,
MITIGATION PROGRAM, ETC).
If the Council concurs, please make the following changes to the proposed urgency
ordinance and related documents:
1. Delete the phrase “processing of’ and substitute the word “permits” for “applications”
in the title of Ordinance NS-473 (page 7).
2. Delete the phrase “more than” and insert “or more” on line 26 of the proposed
ordinance (page 7).
3. Add a recital to the ordinance as follows:
“Alternatively, the City Council adopts this urgency measure pursuant
to Government Code sections 36934 and 36937 for the immediate
preservation of the public peace, health or safety based on the facts
as set forth in the recitals to this ordinance and the facts contained in
Agenda Bill No. 15,141 and the facts as elicited at the public hearings
of April 13, 1999 and April 27, 1999 (page 8).”
4. Change Section 2 to read:
“No building permit or other development permit for a project which
adds traffic to this intersection shall be issued within Zones 5, 10, 15,
16, 17, 18,20 and 21.”
5. Add Section 5 to the ordinance as follows:
“The City Council may amend this ordinance from time to time if it
finds there are changed circumstances in the facts that led to its
adoption.” (Page 8).
6. Change the phrase “not to exceed” to “estimated at” and add the phrase “and April
27, 1999” to the Agreement attached as Exhibit A to the proposed ordinance (page
I I).
I have attached a clean copy of the proposed ordinance for your information.
A
Should you have any questions regarding the above, please do not hesitate to contact
me.
RONALD R. BALL
City Attorney
rmh
attachment
c: City Manager
City Clerk
Community Development Director
Public Works Director
(with attachments)
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5900 la Place Court Suite 100
Carlsbad, CA 92008
(760) 931-6800 Fax (760) 931-1761
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Tuesday, April 13, 1999 VIA HAND DELIVERY
Honorable Claude A. Lewis
Mayor
Councilmembers
c/o City Clerk’s Office
CITY OF CARLSBAD
1200 Carlsbad Village Drive
Carlsbad, CA 92008- 1989
RE: City of Carlsbad - Agenda Bii 15,141/
Growth Management Circulation Deficiencies, Mitigation
Program for the Intersection of Palomar Airport Road & El Camino Real,
and the Adoption of an Urgency Ordinance/
April 13,1999 City Council Agenda -ITEM NO. 14
Honorable Mayor Lewis and Councilmembers:
By way of introduction, Spieker Properties (NYSE:SPK) has been a Carlsbad property owner since 1996.
We are a $5 billion publicly-held owner and operator of high.quality office buildings from San Diego to
Seattle. Currently, via our fully-staffed office in Carlsbad, Spieker Properties owns and manages seven
(7) oftice buildings in Carlsbad totaling over $50 million in aggregate value and occupied by over 70
Carlsbad businesses. Additionally, and potentially impacted by proposed Agenda Bill 15,14 1, is a 9 acre
undeveloped site that we own at the intersection of Faraday Avenue and College Blvd., within the
Carlsbad Research Center and Local Facilities Management Zone 5. This undeveloped site is fully
designed (essentially ready for building permit issuance) as a 3 office building campus totaling 135,000
square feet and representing a total investment upon project completion exceeding $17 million.
As a substantial and long-term real estate owner, we chose Carlsbad primarily due to the desirable
environment it offers to both citizens and businesses. Furthermore, we are mindful of managing
responsible community development and growth coupled with Carlsbad’s 1986 Growth Management
Program, balanced against prudent Council decision making. It is with this perspective and spirit that we
respectfully submit this letter of concern regarding, and essentially in opposition to, Agenda Bill 15,141
as it relates to Spieker Properties’ 9 acre undeveloped site at Faraday and College within Zone 5:
l Zone 5 Substantially Developed; Potential Traffk Impacts from Remaining Zone 5 Land
Development W Significant than Other Zones. The heart of Carlsbad’s office, R&D and
industrial employment communities lie within Zone 5, which is substantially developed. Unlike the
substantially undeveloped or underdeveloped employment land masses within Zones 17 (Bressi
Ranch), 16 (Carlsbad Oaks-North) and 18 (Carlsbad Raceway) Zone 5 land that remains to be
developed would likely have insignificant traffic impacts to the intersection of Palomar Airport Rd.
and El Camino Real. Further, the estimated 200 acres of undeveloped employment land within
Zone 5 is overshadowed by the perhaps 3,000 or more acres with varying types of land uses within
the other identified and traffic impacting zones. Lastly, and most significantly, proposed City
Council Resolution 99-130 and Ordinance NS-473 do not find that at least 20% of the traffic
generated by Zone 5 impacts the affected facility. For the foregoing reasons, Zone 5 ought to be
excluded from proposed City Council Resolution 99- 130 and Ordinance NS-473.
Honorable Claude A. Lewis
Tuesday, April 13,1999
Page 2
SPIEKER
l Proposed Developer Agreement for Payment of Proportionate Share LFM Zone
Transportation Fee is Unclear and Open-ended. In the event the City Council is unable to support
excluding Zone 5, then attention must be focused on the proposed “Developer Agreement for
Payment of Proportionate Share LFM Zone Transportation Fee.” This proposed document attached
as Exhibit A to proposed Ordinance NS-473 is unclear and open-ended, and in its present form
would not be acceptable to any prudent businessperson.
&.t, in the event building permits need to be pulled on the day immediately following (April 14,
1999) City Council adoption of proposed Resolution 99-130 and Ordinance NS-473, how could this
be accomplished without having the ADT fee determined (blank space in the second line of
paragraph 1 on page 2)? During the first 45 days that the urgency ordinance is in effect does this
mean that no building permits, whether for tenant improvements or new building structures, or
additions and/or remodels, could be issued? Second, our Zone 5 project is currently obligated to pay
well over $400,000 in traftic impact and CFD fees at building permit issuance. As such, it would be
reasonable for the proposed document have a credit mechanism to off-set dollar-for-dollar any
potential proportionate share transportation fees that may be payable. Lastly, the proposed
agreement is unfair and open-ended as to paying additional fees if traffic improvement costs rise.
Additionally, without clarifying language it could potentially obligate one to pay potential future
fees, for additional traffic improvements, that go beyond the scope of the traffic improvements being
presently contemplated for the intersection of Palomar Airport Rd. and El Camino Real.
We urge the Carlsbad City Council to exclude Zone 5 from proposed City Council Resolution 99-130
and Ordinance NS-473. In the event the City Council finds that Zone 5 must be included, credit ought to
be given for any transportation fees already having to be paid at building permit issuance. Also, with
the proposed adoption of the 45-day urgency ordinance we urge that the City Council direct staff to
devise a mechanism to continue issuance of building permits without delay. Lastly, we request that the
City Council direct city staff to make the appropriate additions and/or modifications to the proposed
“Developer Agreement for Payment of Proportionate Share LFM Zone Transportation Fee” document so
it is a clear, fair and not an open-ended agreement.
Respectfully submitted,
SPIEKER PROPERTIES, L. P.
Mitch; J. Ritschel
Vice President
cc: Ronald R. Ball, Carlsbad City Attorney
Ray Patchette, City Manager
Martin Orenyak, Carlsbad Community Development Director
April 27, 1999
Mayor Claude “Bud” Lewis
Members of the City Council
City of Carlsbad
1200 Carlsbad Village Dr.
Carlsbad, CA 92008
H
San Diego County
Association of REALTORS
ca Mayor
city coundl
ctly Manager City Attorney City Clerk
Honorable Mayor and Council members:
On behalf of the more than 3,000 REALTORS’ represented by the North San Diego
County Association of REALTORS@, I would like to express concern over your proposal
to establish a building moratorium in portions of the City of Carlsbad.
More than any organization, NSDCAR recognizes the importance of a housing market
that offers a full-range of opportunity for home ownership. At a time when the
availability of housing is extremely low, and prices are soaring in North County, we find
it hard to justify establishment of a moratorium.
We urge the city to seek both State and Federal funding to solve the regional traffic
problems, and not yield to the temptation of placing that financial burden entirely on the
backs of local homebuyers and businesses.
Ernie Cowan
Government Affairs Director
REALTOR 906 Sycamore Avenue, Suite 104 l Vista, CA 92083 l (760) 734-3971 l (760) 734-3976 fax l www.sandiegorealforsnorfh.com
Encinitas Service Center Escondido Sewice Center
449 Encinitas Blvd. 1802 South Escondido Blvd., Suite E
Encinitas, CA 92024 Escondido, CA 92025
(760) 632-3626 (760) 745-2299
(760) 632-3630 fax (760) 745-3842 fax
Fallbrook Service Center
123-A West Alvarado
Fallbrook, CA 92028
(760) 728-5811
(760) 7284646 fax
6 I HECHT I SOLBERG
ROBINSON
GOLDBERG
I LLP
April 26,1999
BY MESSENGER
Honorable Mayor Bud Lewis and
Members of the City Council
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, California 92008
PAULE.ROBINSON PER@HSRG.COM
AGENDA ITEM #
6.2 iYayos
T-1 Council
&lan~er 6 * :- ";yy . .
,I . iLi
Re: Palomar Airport Road/El Camino Real
Fee and Moratorium Pronosal, Apenda of Awril27.1999
Dear Mayor Lewis and City Councilmembers:
This firm represents Carlsbad Summit, LLC (“Summit”), owner of Lots 1 and 10 of the
Carlsbad Airport Center, near Palomar Airport Road and Camino Vida Roble. These properties are
in the City’s Zone 5. On behalf of Summit, we respectfully object to the application of the
development moratorium and fees on these properties.
Lots 1 and 10 were created years ago and are legal building lots. About three weeks ago, the
City granted Summit a building permit for Lot 1 for a 65,000 square foot, Class A office building.
As a condition of permit issuance, the City collected several hundred thousand dollars in plan check
and development impact fees. In reliance on City approvals, Summit obtained a construction loan
for $S,OOO,OOO, and has been negotiating with a major financial institution that is considering
occupying the entire building. Summit recently committed to open escrow on Lot 10 for $2,860,000.
Summit has a land loan for Lot 10 which will require six-figure payments if an escrow does not open
by May 1. The City’s proposal would block the construction of tenant improvements, and actual
occupancy, on Lot 1; it would block any construction on Lot 10.
The proposed emergency ordinance is inappropriate on grounds of both fairness and law.
It is unfair to prevent this construction after the property owner relied on City approvals. It is
equally unfair to prevent this construction after the property owner invested so much money, and
committed to even greater expenditures, in reliance on City approvals. The City should not collect
hundreds of thousands of dollars in full mitigation of impacts and then stop the projects or demand
additional payments. Imposing the new ordinance on these properties will impair Carlsbad’s ability
to offer its residents secure, high-paying jobs.
The proposed emergency ordinance is also inappropriate legally. First, Government Code
$65858, on which the City is relying to authorize the emergency ordinance, requires that the projects
Amom~ls AT LAW 600 WEST BROADWAY EIGHTH F~K SAN DIECQ CALIFORNIA 92101 TELEPHONE 619.2393444 FACSIMI~ 619.232.6828
-
Honorable Mayor Bud Lewis and
Members of the City Council
April 26,1999
Page 2
being affected “be in conflict with a contemplated general plan, specific plan, or zoning proposal.”
However, the City is contemplating, at most, a fee program. As the staff report for your April 13,
1999 meeting states, the City is specifically disavowing plan or zoning changes because the City’s
current general plan limits the City’s response to “construction ofthe appropriate missing circulation
elements.”
A second reason the proposal is legally inappropriate is that the City would not be complying
with the Mitigation Fee Act, Government Code $66000 et seq. The City has not shown the
relationships “between the fee’s use and the type of development project on which the fee is
imposed” or “between the need for the public facility and the type of development project on which
the fee is imposed” (Section 66001(a)(3), (4)). The City is not even quantifying the fee; the
proposed agreement requires payment of an undefined “fair share,” without even defining a formula
by which the fee payer can determine or challenge the amount. This effectively moots any purported
notice or hearing the City is offering (Sections 66016,66017, and 66018).
On behalf of Summit, we respectfully request that construction and occupancy on Lots 1 and
10 of the Carlsbad Airport Center be allowed to proceed without being affected by the proposed
ordinance.
Sincerely,
Paul E. Robinson
HECHT, SOLBERG, ROBINSON & GOLDBERG LLP
PER:RAS:cas
cc (by fax):
Bob Irish
Jerry Livingston
Cc
Gule&Wmtworth CXomh, LLC Real Estate Investments G Services
Honorable Mayor Lewis and Councilmembers
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, CA 92008
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2030 Main Stmt, Suite 310
Imine, C+mia 92614
El: (949) 260-1300 Ik: (949) 2601925
701 Palomar Aiqwt hid
Third Fhr
Grkbad Gd&nia 92009 Td: (760) 931-4736
liu: (760) 931-4850
AGENDA ITEM # 5
April 2% 1999 Mayor City Councit city Manager City Attorney city Clerk
RE: URGENCY ORDINANCE REGARDING THE PALOMAR AIRPORT
CAMINO REAL INTERSECTION
Dear Mayor Lewis and Councilmembers:
We own the land formerly known as the Beckman Property located on the east side of El
Camino Real, between Faraday Avenue and Palomar Airport Road. As you may know, this
project has previously received all discretionary approvals for an industrial campus
development. We are currently processing an amendment to this site development plan,
adding a build-to-suit facility for Federal Express Corporation at this location. This
amendment adds no additional impact to the approved site development plan. We are
prepared to submit our project for grading and building permits, pending the Planning
Commission meeting to be held on May 19,1999.
Furthermore, as part of the site plan amendment, we are widening Faraday Avenue and
contributing to the improvement of Orion Avenue. Neither of these improvements were
contemplated under the approved site development plan.
We would respectfully request, since our project has previously received its discretionary
approval, that our project be exempt from this urgency ordinance.
If the Council does not see fit to grant us an exemption, of the two alternatives, we would
prefer alternative #1, which would satisfy the growth management fees agreement. We
will be present at the City Council hearing, on April 27’h, to answer any questions you may
have.
Sincerely,
MSGW California II, L.L.C.
Authorized Representative
Gak ~5 W~tuwtb Cbrporav &vices, Inc. l Gak & Wmtuwtb hprq Group, LLC Gak & wmhuorib Gms&n Services, L L C . Gak & Wmtwortb &a/ fimc Advisor. L LC
Web Site: bnp://wwwbalnunt.com 9 EmaiL i+@gakumt.com
&ztkfiing Unlimited Client Chn!knps & Expectatiom w&h &xperior +Jtwice
P’.A C I F I-C A
Enterprises, LLC
Investment Real Estate
qecdvQ& k - . reu3DirITEM #,&++=t)
Tuesday, April 27, 1999
Honorable Claude A. Lewis
Mayor Councilmembers
C/O City Clerk’s Office
CITY OF CARLSBAD
1200 Carlsbad Village Drive
Carlsbad, CA 92008- 1989
u MUgrOk
my councu
c&J Manage?
Ci’cy Attorney
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RE: City of Carlsbad -Agenda BiIl15,141/
Growth Management Circulation Deficiencies, Mitigation
Program for the Intersection of Palomar Airport Road &Z El Camino Real,
And the Adoption of an Emergency Ordinance/ April 13,1999 City Council Agenda - ITEM NO. 14
Honorable Mayor Lewis and Councilmembers:
By way of introduction, Pacifica Enterprises has been a City of Carlsbad commercial property owner since
1987. We are a privately held company and own land and commercially improved real estate throughout
San Diego County. Pacifica Enterprises wishes to address the 7.5 acre unimproved site located near the
southeast comer of Palomar Road and Aviara Parkway (APN: 212-040-25). The proposed Agenda Bill
15,141 impacts this location and the site is within the Local Facilities Management Zone 5. This
undeveloped site was submitted to the City of Carlsbad for an initial evaluation for development potential
and we received the City’s evaluation and comments in a letter from Gary E. Wayne dated April 5, 1999.
As a long-term real estate owner, Pacifica Enterprises chose to acquire land in Carlsbad due to the desirable
environment it offers to both citizens and businesses. Furthermore, we are mindful of managing
responsible community development and growth coupled with Carlsbad’s 1986 Growth Management
Program, balanced against prudent Council decision making. It is with this perspective and spirit that we
respectfully submit this letter of concern regarding, and essentially in opposition to, Agenda Bill 15,141 as
it relates to Pacifica’s 7.5 acre undeveloped commercial site at Palomar Airport Road and Aviara Parkway
within Zone 5.
We request the Carlsbad City Council to exclude Zone 5 from proposed City Council Resolution 99-130 and Ordinance NS-473. In the event the City Council finds that Zone 5 must be included, credit should be
given for any and all transportation fees already paid for infrastructure improvements to Palomar and
Aviara. And, second, with the proposed adoption of the 45-day urgency ordinance we suggest that the City
Council direct staff to devise a mechanism to continue issuance of building permits without delay.
12780 High Bluff Dr., Suite 160 l San Diego, CA 92130 l (619) 755-0216 l Fax (619) 755-1212
Page 2
Honorable Mayor Lewis
April 27,1999
Third we request that the City Council direct city staff to make the appropriate additions and/or
modifications to the proposed “Developer Agreement for Payment of Proportionate Share LFM Zone
Transportation Fee” document so it is clear, fair and not an open-ended agreement. Finally, we request our
specific project be excluded if a credit is not given because of fees already assessed against the property for
substantial street improvements.
Respectfully submitted,
Director of Asset Management
cc. Ronald R. Ball, Carlsbad City Attorney Ray Patchette, City Manager
Martin Orenyak, Carlsbad Community Development Director
CHAMBEROFCOMMERCE AGmDAmMx CT
April 22, 1999
Mayor Bud Lewis
Mayor Pro Tern Matt Hall
Councilmember Ramona Finnila
Councilmember Ann Kulchin
Councilmember Julie Nygaard
u Mayor city council
city Manager
City Attorney
cttyaa
Subject: Urgency Ordinance regarding the Palomar Airport Road and El
Camino Real Intersection
Dear Mayor Lewis and Councilmembers:
This letter is written to express the Carlsbad Chamber of Commerce’s position on
the Urgency Ordinance under consideration regarding the circulation failure at
the intersection of Palomar Airport Road and El Camino Real.
The Board of Directors voted to support the following:
7. Growth Management Plan
The Chamber supports the Growth Management Plan and its provisions for
circulation performance standards. Quality of life is a primary concern of all
Carlsbad citizens. Carlsbad has proven that cities do not have to choose
between an “urban” or “bedroom community” model, but-through consistent
application of Growth Management Performance Standards - can create a
balance between economic growth and still have an excellent quality of life.
2. Regional Problems need Regional Solutions
The Chamber encourages the city to continue to explore regional solutions
and funding designed to assist regional traffic problems. The failure of the
intersection of PAR/ECR is due, in large part, to regional traffic. The
incompleteness of other east-west roads, including the 78 Freeway, Leucadia
Boulevard, Cannon, Poinsettia, Faraday and Melrose Avenue has exacerbated
the congestion on Carlsbad’s streets. Carlsbad, its residents, and its
development community should not be obligated to bear the entire burden for
solving regional circulation improvements.
5620 Paseo de1 Norte, Suite 128 l P.O. Box 1605 l Cadsbad, Gdifornia 92008
(760)931-8400 l Fax(760)931-9153
cl 0 .CCW.OII.D --- . ..“.. ‘. ~ . . . . . . . . . . ,. ,..,,.
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3. Traffic Mitigation by the Employment Community
The Chamber’s newly formed Transportation Task Force, working in
conjunction with the City’s Integrated Task Force, is exploring alternatives to
further improve traffic in the Industrial Employment Corridor. Options such as
ridesharing, vanpooling, alternate work schedules, and using public transit
can be implemented by the business community to improve traffic conditions
during peak periods. The Chamber encourages the City to explore, support,
and make available appropriate financial incentives to those employers that
reduce the number of trips during peak traffic times. Efficiency solutions are
less expensive than building roads.
The Chamber believes these three areas should be part of permanent solutions
to many of the city’s traffic and transportation hotspots.
The Chamber opposes the imposition of a moratorium when there are other
viable alternatives that may be available, including the principles stated above.
The implications of the word “moratorium” have a long-range impact on current
and future economic growth.
For example, projects that have processed fully through the system and are
ready to pull permits, should not have the rules and standards changed at the
last minute, unnecessarily. Further, our industrial and employment corridor is in
competition with other areas to attract quality companies and jobs. A
moratorium, if declared, or if of uncertain duration, will do real market damage for
years to come. Only Carlsbad will suffer the consequences of a moratorium.
We know each of you has the best interest of our entire community at heart and
hope that you will fully consider all short term and long term solutions.
Very truly yours,
‘d Sobel
Chief Executive Officer
BUILDING INDUSTRY
ASSOCIATION OF
SAN DIEGO COUNTY
6336 Greenwich Drive, Suite A
San Diego, CA 92122-5922
(619)450-1221
FAX No. (619) 552-1445
PRESIDENT
Mick Pattinson
Barratt American
VICE PRESIDENT
Colin Seid
ColRich Communities, Inc.
TREASURER/SECRETARY
Steve Doyle
Brookfield Homes
IMMEDIATE PAST
PRESIDENT
Mark McMillin
The Corky McMillin Companies
EXECUTIVE
VICE PRESIDENT
Paul A. Tryon
California Building
Industry Association
National Association
of Home Builders
April 27, 1999
Honorable Mayor Bud Lewis and
Members of the City Council
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, CA 92008
Re: Palomar Airport Road/El Camino Real Fee and
Moratorium Proposal Agenda Bill #15,141.
Dear Mayor Lewis and City Councilmembers:
The Building Industry Association has reviewed the staff report regarding the
Growth Management Circulation Deficiencies and Mitigation Program relating
to the intersection at Palomar Airport Road and El Camino Real. We offer the following comments.
Level of Service Deficiency
We concur with your staffs finding regarding the unacceptable level of service
at Palomar Airport Road and El Camino Real due to increased traffic volumes
at peak hours. We agree that is essential to the smooth functioning of
Carlsbad’s Growth Management Ordinance that some action must be taken by
the Council to alleviate the traffic congestion experienced at this intersection.
Proposed Solutions
The BIA recognizes that there is both a long term and short term component to
curing this intersection deficiency.
We appreciate the need to pursue the long term funding of the Faraday,
Melrose and Poinsettia roadway segments and to that end offer our assistance
in advocating with our state and federal elected officials to secure funding for
these and other roadway improvements that are essential to the traffic needs of
the City.
We concur with the need to assess the effectiveness of implementing
Transportation Demand Management strategies and look forward to reviewing
with City staff the out come of this assessment.
We are, however, concerned with staffs proposed short term solution of adding dual right-turns
lanes on westbound Palomar Airport Road to northbound El Camino Real and northbound El
Camino Real to eastbound Palomar Airport Road. First, with out a completed traffic study that addresses future developments impact on Palomar Airport Road and El Camino Real it is unclear
that the improvement proposed by staff is the ideal solution to this problem or that there may be
some other more cost effective method of securing improvements. Second, it is clear that with
the roadway currently below acceptable levels of service there is a share of these improvement
costs that should be borne by the City in implementing this fix. We agree with the need to
provide improvements to roadways and intersections that would be degraded with the addition of
more development, but, in this instance, this is not the case. The intersection at Palomar Airport
Road and El Camino would require roadway improvements with or with out the increased traffic
generated by future development. Finally, this intersection has a regional component that is not
addressed by the proposed funding mechanism. We believe it is essential that Carlsbad commit to
aggressively pursue regional funding sources to reduce the fiscal impact this improvement will
have on businesses and homebuyers within the City.
Resolution 99-130
The BIA recommends amending resolution 99-130 at page 2, line 27 item 4 to include review of
the appropriate City share of roadway improvements and at page 3, line 6., item 7 to read “That
City staff continue to aggressively pursue state federal and regional funding programs to ensure
construction of parallel routes to Palomar Airport Road.”
Payment Agreement
The Payment Agreement while purporting to cap the proposed fee at a particular dollar amount
per Average Daily Trip actually commits the signatory to pay what ever fee the City might at
some later date determine to be appropriate. We request council to direct staff to amend this
agreement to provide an actual cap to this Payment Agreement.
Once again we acknowledge the need for Carlsbad to address this issue and look forward to
working with the Council in implementing a solution to this problem that satisfies the demands of
the Growth Management Ordinance while ensuring appropriate short term improvements and
securing long term funding that will result in decreased cost to future businesses and
homebuyers.
l Jerry Livingston
Staff Counsel
Building Industry Association
-I.
---..7 .f’ 2
I
I - ,
.
April 23, 1999
-
Mayor Lewis and City Councilmembers
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, CA 92008
Subject: Palomar Airport Road & El Camino Real Intersection
Dear Mr. Mayor and Councilmembers:
The undersigned represent the ownership of the five major undeveloped properties
located in the vicinity of the intersection of Palomar Airport Road and El Camino Real
(the “Intersection”). In response to your request, we have spent a considerable amount of
time during the past two weeks, meeting to discuss the short and long term solutions to
the improvement of this intersection. These discussions have yielded some consensus
with respect to the immediate improvements and the long term solution. We offer these
for your consideration below:
1) We support the adoption of staff’s Alternative Number 1. This provides that
development within any Local Facilities Management Plan Zone which impacts the
Intersection with 20% or more of its traffic, may continue so long as the development
agrees to pay a fee toward the near term improvements to the Intersection. We
understand that these improvements will not exceed $1 million and that the cost per
equivalent dwelling unit will be nominal. Further, we will work with staff to acquire
funds from state and federal sources to provide for these and other improvements that are
necessary to mitigate the regional impacts to Carlsbad facilities.
2) We are willing to provide financial assurances and offers for dedication of rights-of-
way for the construction of roadway network improvements (Faraday, Melrose and
Poinsettia) well in advance of Growth Management requirements. These instruments
may be used by the City immediately after the properties receive all necessary
development approvals. Further, the property owners will immediately begin preparation
of improvement plans for the core area roadway network. These will be made available
to the City for construction of the facilities in the event that the properties do not proceed
with development. In return for this advance of assurances, the property owners request
that their projects be processed on a priority basis.
We recognize that there are numerous details which need to be discussed between the
property owners and the city staff. We request that the City Council direct staff to work
with the undersigned to develop a plan which will secure the ultimate network
improvements necessary to relieve traffic congestion, through build out, at the
Intersection; a process which we believe will take between 90 and 120 days. During this
period, we are committed to work in good faith to reach an understanding that will be
mutually acceptable to the City Council and the property owners.
/?4iiim. Qph
Bill Allen, Professors Capital
-ZIP Ted Tchang, Techbilt Construction
John Curtin, Carlsbad Raceway
City
April 30,1999
Book Publishing Company
201 Westlake Avenue North
Seattle, WA 981094293
Enclosed for your records, please find the following copy(ies) of Ordinance
No(s). NS-473 adopted by the Carlsbad City Council on April 27, 1999.
If you have any questions please call the City Clerk’s office.
KATHLEEN D. SHOUP
Sr. Office Specialist
1200 Carlsbad Village Drive - Carlsbad, CA 92008-l 989 0 (760) 434-2808 @
City of Carlsbad
April 30, 1999
San Diego County Law Library
1105 Front Street
San Diego, CA 92101
Enclosed for your records, please find the following copy(ies) of Ordinance
No(s). NM73 adopted by the Carlsbad City Council on April 27, 1999.
If you have any questions please call the City Clerk’s office.
d&*
KATHLEEN D. SHOUP
Sr. Office Specialist
1200 Carlsbad Village Drive - Carlsbad, CA 92008-l 989 l (760) 434-2808 @
City of Carlsbad
April 30,1999
San Diego County Law Library
North County Branch
325 South Melrose, Suite 300 Vista, CA 92083-6697
Enclosed for your records, please find the following copy(ies) of Ordinance
No(s). NS-473. adopted by the Carlsbad City Council on April 27, 1999.
If you have any questions please call the City Clerk’s office.
Sr. Office Specialist
1200 Carlsbad Village Drive - Carlsbad, CA 92008-l 989 0 (760) 434-2808 @