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HomeMy WebLinkAbout1989-05-16; Housing & Redevelopment Commission; 127; Improvement Obligations - Streetscape Project Areac 4 u 2 *lj IMPROVEMENT OBLIGATIONS ON ELM -4 AVENUE AND CARLSBAD BOULEVARD dx CL ?I 3 A ucdu RECOMMENDgD ACTION: mu Consider the status of existing future improvement and development obligations on private properties located within the Streetscape project area and provide direction to,staff regarding the enforcement of these obligations. -1 I ITEM EXPLANATION: /" Upon approval of a private development project, the City's long standing policy requires the applicant to bring the project's street frontage to current City standards at developer expense. If the frontage of adjacent property is similarly unimproved, the City may accept a cash deposit, a performance bond, or other form of guarantee such as a future improvement agreement recorded into the title of the property. This policy avoids piecemeal or mismatched street improvements, and allows the City to construct street improvements in a more efficient and economical manner. On November 10, 1987, the Housing and Redevelopment Commission approved a major redevelopment permit, RP 87-11, for the Village Faire. A condition of development required the applicant to complete street improvements, except where duplicated by approved and City funded Streetscape construction. Therefore, the developer is responsible for only the Grand Avenue and Washington Street improvements. The Housing and Redevelopment Commission will, in turn, fund the Carlsbad Boulevard and Elm Avenue street improvements and storm drain connection downstream of future Streetscape work. The Housing and Redevelopment Commission established this policy at the time of the November 10, 1987 permit issuance so that the Streetscape program would be an affective catalyst to desirable development within the Redevelopment District. A question arises regarding development approved prior to November 10, 1987. These prior projects were obligated to construct all required street improvements. Although most of the street improvements associated with these prior projects have already been completed, four (4) developments have not completed their improvements. In each case, the City has obtained sufficient security or the guarantee in the form of written agreement that it can recover the costs for constructing the obligated improvements as a part of the Streetscape project. The four (4) developments are as follows: Lot Snlit at Carlsbad Boulevard and Beech Avenue The oldest obligation dates from a 1969 lot split at the southeast corner of Carlsbad Boulevard and Beech Avenue. The developer executed a Future Improvement Agreement that is c- - Page Two of Agenda Bill No. Ia7 recorded into the title of the property. The Agreement states that the property owner will pave 200' of the parcel's frontage on Carlsbad Boulevard to its full width and construct concrete curb, gutter, and sidewalk to current City standard upon demand by the City. The owner is also obligated to deposit money with the City to pay for street trees. If the owner fails to act, the City may install the improvements and bill the owner for the cost. The property at Carlsbad Boulevard and Beech Avenue was sold, and the new owner was granted a major redevelopment permit (RP85-19) on March 25, 1986 for construction of a hotel. The Housing and Redevelopment Commission subsequently approved an amendment requested by California Builders to add 18 additional units. Both the original permit and later amendment required the developer to construct half street improvements on the entire block between Beech Avenue and Christianson Way prior to the proposed hotel receiving its certificate of occupancy. The City may at this time seek reimbursement of its construction costs for the Streetscape improvements covered by the 1969 Future Improvement Agreement. The cost of other improvements, however, constructed in Phase II of the Streetscape project are reimbursable from the developer at the time the project is ready for occupancy. Staff recommends the Commission consider deferrins the reimbursement of imorovements qenerated by the 1969 lot snlit until the building nermit is issued for anv proposed project on this site. This will enable the City to be reimbursed for the cost of all previously obligated improvements required of this project in a much more efficient and potentially economical manner. Sixoence Inn on Elm Avenue west of I-5 This project (PD 181) required the developer to bond for future median improvements on Elm Avenue immediately west of the I-5 Freeway ramps. The Engineering Department has offered Sixpence Inns a release of the median improvement obligation in return for payment of the current construction cost estimated to be $6,000. Staff recommends acceptance of the $6,000 in exchanse for the release of the aosted bond. Carlsbad Inn on Carlsbad Boulevard between Elm and Oak On April 17, 1984, the Housing and Redevelopment Commission approved RP/CUP/CP, 84-3 for the remodeling and time share use of the Carlsbad Inn. One of the conditions of approval is the construction of full median improvements on Carlsbad Boulevard between Elm Avenue and Oak Avenue. The developer was conditioned to construct the improvements prior to February 3, 1989. The . Page Three of Agenda Bill No. 127 City accepted a performance bond in the amount of $9,650 as security for completion of the median improvements. Staff recommends oroceedins to seek reimbursement from the developer in the amount of the bond. Bullev's Restaurant on Carlsbad Boulevard north of Grand Avenue The Design Review Board approved a minor redevelopment permit (RO 86-B) on July 1, 1987 for the construction of remodeling improvements at Bullyls Restaurant on the condition that curb, gutter, and sidewalk improvements be completed on Carlsbad Boulevard. The applicant deposited $6,795 in cash with the City as security for the estimated costs of the street improvements. This amount approximates the cost of completing the improvements as a portion of the Phase II Streetscape construction. Staff recommends that no additional costs be assessed to the nronertv owner. FISCAL IMPACT: The value of the existing obligations within the Streetscape project area is estimated to be $82,445. These costs are potential reimbursements to the Streetscape project. EXHIBITS: 1. Location map. . ‘_ h .A LOCATION MAP LEGEND DEVELOPMENTS OBLIGATED #iq STREET IMPROVEMENT OBLlGATlONS .:.:.:& . . . . . . . . . 14 ORIGINATING BEFORE 1 l-lo-87 . . . . . . . . . . . . . . . . . . . . . STREET IMPROVEMENT OBLIGATIONS ..,... . . . . . . . :::::::I::::: SUPERCEEDED BY STREETSCAPE r- PROJECT NAME PROJECT # EXHIBIl STREETSCAPE UNCOMPLETED BONDS AND FUTURE IMPROVEMENT AGREEMENTS 3288 1 .