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HomeMy WebLinkAbout1982-04-06; City Council; Resolution 6830RESOLUTION NO. . 6830 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING THE 1982 PARKS AGREEMENT BETWEEN THE CITY OF CARLSBAD AND THE DAON CORPORATION TO PROVIDE FOR THE ORDERLY DEDICATION AND DEVELOPMENT OF PARKS FOR THE LA COSTA AREA AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT. The City Council of the City of Carlsbad, California does hereby resolve as follows: 1. That certain agreement between the City of Carlsbad and the Daon Corporation establishing a program for the orderly dedication of parks in the La Costa area, a copy of which is attached hereto marked "Exhibit A" and made a part hereof is approved. 2. That the mayor of the City of Carlsbad is hereby authorized and directed to execute said agreement for and on behalf of the City of Carlsbad. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California, held on the 6th day of April, 1982 , by the following vote, to wit: AYES: NOES: NOne Council Mahers Packard, Casler, hear, Ms and Kulchin ABSENT: Ncme ATTEST : 1 (SEAL) &/Lad RONALD C. PARKARD, Mayor 012782 ddo 0 1982 PARKS AGREEMENT THIS 1982 PARKS AGREEMENT ("Agreement") is made this J*day of &ELL , 1982, between the CITY OF CARLSBAD, a municipal corporation of the State of California ("City") and DAON CORPORATION, a Delaware corporation quali- fied to do business in California ("Daon"), successor-in- interest to La Costa Land Company, agree as follows: Recitals A. On September 5, 1972, City duly adopted, as Ordi- nance No. 9322, a master plan ("1972 Master Plan") for ap- proximately 2,900 acres commonly known as the La Costa com- munity. The 1972 Master Plan, among other things, desig- nated sites for neighborhood parks within the La Costa com- munity and required that City and La Costa Land Company enter into an agreement for the dedication of the parks in connection with the development of the La Costa community. The 1972 Master Plan also required the dedication by La Costa Land Company to City an area of property known as San Marcos Canyon in the La Costa community. B. As part of an ongoing planning process, City re- viewed the 1972 Master Plan and determined that it was de- sirable to replace some or all of the neighborhood parks with one or more community parks. By the agreement dated October 15, 1973 ("1973 Parks Agreement"), City and La Costa Land Company agreed to preserve City's right to require dedication of the neighborhood parks designated by the 1972 Master Plan until approval of an amendment to the 1972 Master Plan and mutual agreement on a final parks agreement. The 1973 Parks Agreement also established a procedure for accom- plishing the orderly dedication of San Marcos Canyon. dated October 15, 1973, and July 18, 1974, respectively, C. By written supplements to the 1973 Parks Agreement City and La Costa Land Company described the boundaries of San Marcos Canyon and revised the procedures for dedicating San Marcos Canyon. In addition, on severai occasions there- after, City and La Costa Land Company further supplemented the 1973 Parks Agreement to extend its term. D. In accordance with Chapter 20.44 of the Carlsbad Municipal Code and the 1973 Parks Agreement, and in satis- faction of its obligations thereunder, La Costa Land Company: (I) deposited fees in lieu of dedication of land as a condi- tion of recordation of the €inal subdivision maps for the subdivisions known as Spanish Village Unit No. 1, Santa Fe Glens, Green Valley Knolls and La Costa Estates North; and (2) dedicated park land in La Costa Vale Unit No. 2 as a condition of recordation of the final subdivision maps for the subdivisions known as La Costa Vale Units No. 2 and No. 3. In accordance with the 1972 Master Plan and the 1973 Parks Agreement, La Costa Land Company also detiicated por- tions of San Marcos Canyon. E. After the adoption of the 1972 Master Plan, La Costa Land Company acquired additional property to expand the La Costa community. On November 2, 1976, City duly adopted, as Ordinance No. 9469, a revised master plan ("1976 Master Plan"), which amended the 1972 Master Plan. The 1976 Master Plan included a part of the additional property, and contained a master plan of development of four (4) areas of the La Costa community commonly known as Santa Fe Knolls, Rancheros de La Costa, La Costa Vale Unit No. 2 and Green Valley Knolls. The 1976 Master Plan prohibited further development of the balance of the expanded La Costa commu- nity until such time as City approved a master plan for the entire La Costa community. F. The 1976 Master Plan: (1) eliminated some parks shown on the 1972 Mzster Plan; (2) provided for some new parks in the areas added to the La Costa community since the -2- adoption of the 1972 Master Plan; (3) identified the size and general location of the parks to serve the then and subsequent residents of the La Costa community; and, (4) pro- vided that, as a condition of approval of any subdivision map for that portion of the La Costa community then zoned P-C, City and La Costa Land Company enter into an agreement imple- menting the park requirements of the 1976 Master Plan and providing for dedication of the portions of San Marcos Canyon which had not been dedicated previously under the 1973 Parks Agreement. G. By the agreement dated January 3, 1978 ("1978 Parks Agreement"), City and La Costa Land Company provided for the implementation of the park requirements of the 1976 Master Plan and the dedication of the portions of San Marcos Canyon, which had not been dedicated previously under the 1973 Parks Agreement. H. On December 16, 1980, City duly adopted La Costa Master Plan (MP-149 (E) ) ("1980 Master Plan"), which consti- tutes an amendment to and expansion of the 1976 Master Plan and covers approximately 5,287 acres, consisting of both developed lands and undeveloped lands. City, in connection with the review of the 1980 Master Plan, consolidated cer- tain park sites described on the 1976 Master Plan as the Santa Fe Glens park site (approximately 5 acres), the Alga Hills park site (approximately 5 acres) and the La Costa North Park site (approximately 6 acres) into a community park of approximately 21 acres to be known as La Costa North Community Park, and sometimes referred to as the Alga Norte Community Park. The 1980 Master Plan retains the desiyna- tion as park for the Canyon Park site (approximately 9 acres), the Fuerte Park site (approximately 3.6 acres), the San Marcos Creek Park site (approximately 15 acres), and the Stagecoach Park site (approximately 28 acres). -3- I. The 1980 Master Plan requires that City and La Costa Land Company (now Daon) enter into a new park agree- ment providing for park land in accordance with the 1980 Master Plan and further requires that the agreement be prepared and submitted to the City Council for approval before the recordation of a final subdivision map for any development in the Master Plan area. the City Council took action to initiate the deletion of the San Marcos Creek Park, consisting of approximately fifteen (15) acres, from the City General Plan and the 1980 Master Plan. In addition, the City Council directed that San Marcos Creek Park not be included in the new park agreement. J. On October 6, 1981, at a regularly held meeting, K. As part of the ongoing planning process, City and Daon now wish to substitute and replace the 1978 Parks Agreement with this 1982 Parks Agreement and intend that this agreement shall: (1) satisfy the 1980 Master Plan requirement for a parks agreement; (2) allow for an acceler- ated dedication of the La Costa North Community Park: (3) continue the dedication of the Stagecoach Park: (4) delete the San Marcos Creek Park site; and (5) provide for the dedication of the portions of San Marcos Canyon which have not been dedicated previously. L. The park dedications required under this agreement will satisfy in part the requirements of Chapter 20.44 of the Carlsbad Municipal Code as they would apply to subdivi- sions within the 1980 Master Plan area. Chapter 20.44 requires the dedication of land and/or the payment of fees in lieu thereof for park and recreational purposes as a condition of approval of the subdivision of land. Sec- tion 20.44.110 provides an alternate procedure for satisfac- tion of such obligations for planned communities. The alternate procedure provides for the identification of park land on a master plan and the dedication of park land as part of the overall community planning process, rather than -4- as a part of the development of any particular subdivision. City and Daon recognize that the development of the La Costa community will take place over a number of years and intend to arrange for the dedication of certain park land in advance of actual need in order to ensure that the La Costa community will receive the benefits of a coordinated park program and that the parks will be dedicated by Daon and developed by City in an orderly manner concurrent with need and in coordi- nation with the planning of development of the La Costa community instead of in connection with individual subdivi- sions. The 1980 Master Plan invokes the alternate procedure, and City and Daon intend to implement this alternate pro- cedure in this 1982 Parks Agreement. In order to accomplish these purposes, Daon will dedicate certain lands in advance of the requirements of any individual subdivision. The amount of land so dedicated will be maintained on account by the City to be drawn upon in satisfaction of the park obli- gations of subsequent subdivisions. NOW, THEREFORE, incorporating the recitals of fact set forth above and in consideration of the mutual covenants herein contained, the parties agree as follows: Agreements 1. San Marcos Canyon. Daon, in accordance with the provisions and conditions of this numbered paragraph, shall dedicate those portions of San Marcos Canyon not previously dedicated to the City. The boundaries of said canyon were established pursuant to the 3rd Supplement to Interim Parks Agreement dated October 15, 1973. Said boundaries were reaffirmed by the City and Daon's predecessor in interest in the agreement dated January 3, 1978, and approved by the City Council by Resolution No. 5286. The City and Daon reaffirm said boundaries. Said boundaries are shown on the -5- a map marked Exhibit A, attached hereto and made a part hereof by this reference. Exhibit A is based on the Exhibit A which was a part of the January 3, 1978, agreement which was approved by City Council Resolution No. 5286. The City and Daon agree that Exhibit A to this agreement satisfactorily depicts those areas of San Marcos Canyon previously dedicated and those areas yet to be dedicated. As a condition of approval of any final map for a subdivision of any property located adjacent to San Marcos Canyon as shown on Exhibit A, Daon shall provide to City a certification by a licensed civil engineer of the acreage between the property to be subdivided and the midpoint of the bottom of the canyon, and deed or dedicate such property to the City reserving such slope rights and other easements reasonably acceptable to City on the boundaries thereof as are necessary to develop the property to be subdivided. Parcels F, C and K, as shown on Exhibit A, shall be dedicated as a condition of the final map for the property adjacent to the northerly boundary of the Canyon. In addition, those portions of lots 14 and 15, south of the SDG&E easement as shown on the Tentative Map for Carlsbad Tract 79-25, as approved by City Council Resolution No. 6245, shall be deeded or dedicated to the City at the same time as that portion of the San Marcos Canyon which abuts such parcel is deeded or dedicated. Further, City agrees that the portion of lot 25 south of the SDG&E easement as shown on the Tentative Map for Carlsbad Tract 79-25 shall not be dedicated or deeded to the City as specified in Resolution No. 6245. In exchange for City's removal of said restriction on lot 25, Daon agrees to dedi- cate an additional one-half (.5) acre of land as part of La Costa North Community Park at the time of the first dedica- tion of any land pursuant to paragraph 3 of this agreement. Daon shall receive no credit for park land dedication based upon dedication of San Marcos Canyon or any other property -6- under this numbered paragraph. accordance with the 1978 Parks Agreement, has dedicated 12.5 acres of park land as part of Stagecoach Park as shown on Exhibit "B." As a condition of approval of any final sub- division map for a specific residential subdivision of any property owned by Daon located within the boundaries marked "Area 1" on Exhibit "C," Daon shall deed or dedicate to 2. Stagecoach Park. City acknowledges that Daon, in City, additional property within Stagecoach Park, as des- cribed in the 1980 Master Plan, equal to twice the acreage required for any such subdivision as computed according to the provisions of Chapter 20.44 of the Carlsbad Municipal Code until the full park site of approximately 28 acres is so dedicated. Exhibits "B" and "C" are attached hereto and made a part herein by this reference. 3. La Costa North Community Park (Alga Norte Community Park). As a condition of approval of any final subdivision map for a specific residential subdivision of any property owned by Daon located within the boundaries marked "Area 2" on Exhibit "C," Daon shall dedicate 14.7 acres of land with- in that area known as La Costa North Community Park (Alga Norte Community Park), as described on Exhibit "D," and shall thereafter dedicate as a condition of approval of any subsequent final subdivision map for a specific residential subdivision of property owned by Daon located within the boundaries of Area 2, acreage equal to twice that required for any such subdivision as computed according to the pro- visions of Chapter 20.44 of the Carlsbad Municipal Code until the full park site of approximately 21 acres is so dedicated. Exhibit ''D" is attached hereto and made a part herein by this reference. 4. Library Site. City and Daon acknowledge the future need for a library to serve the residents living in the La Costa community, Daon agrees to dedicate as part of the park land dedication requirements of Chapter 20.44 two -7- (2) acres, in addition to the twenty-one (21) acres, as part of the La Costa North Community Park (Alga Norte Community Park) park land dedication which may be used for a library site. Such dedication shall occur at the same time as dedica- tion of the initial 14.7 acres of park land as provided in this agreement. In the event City elects to locate the library to serve the needs of the residents of the La Costa Community in an area other than the La Costa North Community Park, Daon's obligation to dedicate the additional two (2) acres of park land as provided in this numbered paragraph shall automatically terminate. 5. San Marcos Creek Park. It is agreed that pursuant to action taken by the City Council at their regularly held meeting on October 6, 1981, the approximately 15 acres of land shown on Exhibit "E" as San Marcos Creek Park shall be deleted from the 1980 Master Plan, and Daon shall have no further duty or obligation to dedicate all or any part of said approximately 15 acres to City for park purposes. Ex- hibit "E" is attached hereto and made a part herein by this reference. 6. Park Dedication Credits. Chapter 20.44 of the Carlsbad Municipal Code provides a formula to calculate the amount of land to be dedicated by a subdivider for park purposes. The existing standard for computing said formula is based on 2.5 acres of land for each projected one thou- sand (1,000) persons residing in the subdivision. This standard may be adjusted by the City in accordance with normal procedures for the amendment of the Municipal Code. Any dedication of park land by Daon, pursuant to the pro- visions of this agreement, shall first be credited against the requirement for the subdivision which is the occasion of such dedication in satisfaction of that subdivision require- ment under Chapter 20.44 of the Carlsbad Municipal Code as it exists at the time of final map approval. The amount of land, if any, in excess of said requirement shall constitute a credit in favor of Daon to be held on account by City in -8- reserve to be drawn upon in satisfaction of the park dedica- tion obligation of subsequent subdivisions as hereinafter provided. Residential subdivisions occurring in Area 1, as shown on Exhibit I'C," shall, as a condition of approval of the final subdivision map, satisfy the park dedication require- ments of Chapter 20.44 by providing dedications of land in Stagecoach Park as provided in paragraph 2 of this agreement until the full park site of approximately 28 acres is so dedicated. Residential subdivisions occurring in Area 2, as shown on Exhibit "C," shall, as a condition of approval of the final subdivision map, satisfy the park dedication requirements of Chapter 20.44 by providing dedications of land in La Costa North Community Park (Alga Norte Community Park), as provided in paragraph 3 of this agreement until the full park site of approximately 21 acres is so dedicated. As of the date of this agreement Daon has remaining from all dedications previously made an available park land credit balance of 9.55 acres in Area 1 and no available park land credit in Area 2. Once the full park site of approximately 28 acres is dedicated for Stagecoach Park, Daon, with the approval of City, may use any accumulated park land credits in Stagecoach Park in satisfying an equal amount of park dedication re- quirements, as provided in Chapter 20.44 of the Carlsbad Municipal Code for other residential subdivisions subse- quently approved in Area 1 as shown on Exhibit 'IC," so long as such subdivision does not require dedication of a park site. Once the full park site of approximately 21 acres is dedicated for La Costa North Community Park (Alga Norte Community Park), Daon, with the approval of City, may use any accumulated park land credits in La Costa North Com- munity Park (Alga Norte Community Park) in satisfying an equal amount of park dedication requirements, as provided in Chapter 20.44 of the Carlsbad Municipal Code for other resi- dential subdivisions subsequently approved in Area 2, as -9- shown on Exhibit I'C," so long as such subdivision does not require dedication of a park site. At such time as both the approximately 28 acres have been dedicated for Stagecoach Park and the approximately 21 acres have been dedicated for La Costa North Community Park (Alga Norte Community Park), Daon shall have the option of using any accumulated park land credits in either of the park land credit reserves in satisfying an equal amount of the requirements for other residential subdivisions subse- quently approved in either Area 1 or Area 2, as depicted on Exhibit "C," and as provided in Chapter 20.44 of the Carlsbad Municipal Code. Said park land credits, except as may other- wise be provided in this agreement, shall be on an acre for acre basis, the parties having agreed that each acre in said La Costa community is equal in value for such purposes. If the City Council determines that dedication of pub- lic park land in addition to the sites identified on the 1980 Master Plan is necessary, the City Council may, in accordance with Chapter 20.44 of the Carlsbad Municipal Code, require such dedication or, in lieu thereof, park fees to be paid. If sufficient credit exists in favor of Daon to satisfy the obligation of said subdivision, the City may elect to satisfy that obligation by an appropriate deduction from the available credit. In the event there is no, or insufficient, credit from prior dedications available to Daon to satisfy such obligation or in the event City deter- mines to reserve such credit for future subdivisions as a condition of the approval of any tentative map and prior to the approval of the final map, Daon shall satisfy the requirements of Chapter 20.44 for that subdivision by making the required dedication or paying the required fees in lieu thereof as the City Council may determine. 7. Park Obligation Statement. Concurrently with the processing of a final map for a specific residential subdi- vision within the 1980 Master Plan, City shall prepare and make available to Daon a statement regarding the parks ob- ligation for that residential subdivision. The statement for a residential subdivision with no park site requirement shall indicate: (a) the amount of park land or fees in lieu thereof required as determined by City pursuant to Chap- ter 20.44; (b) the amount of credit, if any, available and source of that credit, i.e., Stagecoach Park or La Costa North Community Park (Alga Norte Community Park); (c) the amount of credit to be used in satisfaction of the park dedication requirement for the subdivision; (d) the credit remaining, if any, for future residential subdivisions; and (e) the balance of land or fees due, if any. The statement for a subdivision with a park site shall indicate: (1) the amount of land required as determined by City in accordance with Chapter 20.44; (2) the amount of credit, if any, al- ready on account; (3) the amount of park land to be dedi- cated under this agreement; and (4) the balance due or credit remaining, as the case may be, on account for subdi- vision(s) approved thereafter. Upon request, City shall furnish a written accounting of the current credit balances and make that accounting available to Daon. Costa community does not go forward, or approval(s) for the development are revoked, or this agreement otherwise is terminated by City before completion of development as con- templated by the 1980 Master Plan, title to any land dedi- cated or deeded shall remain in City; provided, however, that City shall not use the dedicated property for any pur- poses other than those permitted in the 1980 Master plan or any amendment(s) the City Council through the public hearing process may make thereto. The remaining balance of any land or other credits not utilized in satisfaction of the require- ments of this agreement shall remain on account and shall be available to satisfy the park requirements, which may apply to any future development of the property within the 1980 Master Plan. 8. Lack of Development. If development within the La -11- 9. Survey-Certificate. Before the approval of any tentative map for subdivision of any property within which a park site or incremental part thereof is required to be dedicated according to this agreement, Daon shall cause the site to be surveyed, the boundaries staked, and the acreage of the site certified by a licensed civil engineer or surveyor. 10. Access. Each park site dedicated under this agreement as a condition of acceptance by City shall have reasonable access to a dedicated street or other access acceptable to City and shall have reasonable access to sewer and other necessary public utilities, and otherwise shall meet City's reasonable criteria for parks, as set forth in City general plan. 11. Previous Parks Agreements. The 1973 Parks Agree- ment, any supplements thereto, the 1978 Parks Agreement, and any supplements thereto, are hereby superseded by this agreement and are of no further force and effect, City shall release by appropriate instrument the deeds, if any, currently being held in escrow pursuant to the 1973 Parks Agreement or 1978 Parks Agreement for any park site. 12. Master Plan and General Plan Amendment. At the next regularly scheduled amendment of the General Plan after execution of this agreement, City agrees to initiate and diligently pursue to completion an amendment to the La Costa Master Plan and City General Plan to make said plans consis- tent with the provisions of this agreement. 13. Locations. The parties acknowledge that the maps accompanying the 1980 Master Plan and the exhibits to this agreement show the park sites only as general locations and approximate sizes, and the precise locations and sizes shall be more precisely determined at the time of approval of the final subdivision map(s) for specific residential subdivi- sion(~) requiring park land dedication(s). Within the limits of the ten (10) percent variation factor set forth in -12- a' .. the 1980 Master Plan, the City reserves the right to fix the final location, size and boundaries of the park sites with- out amendment to this agreement. 14. Nature of 1980 Master Plan. City and Daon acknow- ledge that the 1980 Master Plan is part of the City's dy- namic, changing land use planning process, and the park sites shown on the 1980 Master Plan reflect the current best judgment of an appropriate parks program for the La Costa community as it is planned at this time. It is further acknowledged by the parties that in the course of the subdi- vision and development of the La Costa community, and as part of City's ongoing planning process, City may desire to change the location, number or size of parks in accordance with normal procedures for amending master plans and, if necessary, City's General Plan. In the event City so changes the location, number or size of any parks described in this agreement, City and Daon shall supplement this agreement to effect such changes and provide for the orderly dedication of the park sites. Neither party shall unreason- ably withhold its consent to a ary supplement. Successors and Assigns 15. €nureme&. This aar ind and inure to 4 the benefit of the parties, their respective assigns and successors, and the successive owners of the property. In the event Daon sells portions of the property subject to the 1980 Master Plan and this agreement to other parties who become the subdividers thereof, the credits available pur- suant to this agreement may be made available to satisfy the obligations of Chapter 20.44 of said subdividers upon re- ceipt of written authorization by City from Daon indicating the amount of such credit to be made available. 16. Attorneys' Fees. In the event of any dispute between the parties relating to the terms of subject matter of this agreement, the parties agree that the prevailing party shall be entitled to reasonable att r e s' f s to- s 8ere&n' g%$ the court gether with all other costs and d ,WE" of settled whether said dispute is 3Ttzgated osecuted to judgment. -13- 17. Amendments. No change in or addition to this agreement or any part hereof shall be valid unless in writing and signed by all parties hereto. held by a court or arbitrator of competent jurisdiction to be invalid, void and unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired or invalidated. 18. Severability. If any portion of this agreement is 19. Entire Agreement. This agreement constitutes the entire understanding between the parties with respect to the subject matter hereof, superseding all negotiations, prior discussions, preliminary agreements or understandings writ- ten or oral. IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year first above written. of the corporation that executed the within Instrument, known to me to be the persons who executed the within Instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its board of directors. WITNESS my hand and official seal. /? CITY OF CARLSBAD a Municipal Corporation of the State of California ATTEST : BY [Ronald C. Packard, Mayor R . . .. TO 1945 CA (8-74) (Corporation) -,. STATE OF CALIFORNIA DAON CORPORATION ATICOR COMPANY W L W I w 4 c a j I / Signa &&&C;L>L 4. Lhg-LdM (This area for official notarial seal) Marcia A. Brown I- . , 12-23-8 1 RICK ENGINEERING CO. 7014E 10 27-81 RICK ENGINEERING CO. 79148 EXHIBIT 'D' 12-23-43 1 RtCK ENGINEERING CO. 79148 EXHIBIT 'E' I' 12-2-8 1 RICK ENGINEERING CO. 79 14B I/ - / LKql \ 0'