HomeMy WebLinkAbout1994-06-14; City Council; Resolution 94-1611
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RESOLUTION NO. 44 - jl
A KESOLUTION OF THE CITY COQJIKIL OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING AN
AGREEMENT BETWEEN THE CJTY OF CARLSBAD
AND THE RANCH0 CARRILLO PROPERTY OWNERS
FOR AUTHORIZATION OF TRANSFER OF TITLE FOR
ADDITIONAL PARKLAN D TO THE CITY OF
CARLSBAD AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENT.
WHEREAS, the City Council of the City of Carlsbad, California, does hereby
resolve as follows:
1. That the certain agreement between the City of Carlsbad and Ranch0
Carrillo property owners, a copy of which is attached hereto and made a
part hereof, for dedication of additional parkland and transfer of title to
the park site to the City of Carlsbad in satisfaction of the park’s condition
contained in the Ranch0 Carrillo Master Plan, Ordinance No. NS-247, is
hereby 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 held on the m day of JUNE , 1994, by the following
vote, to wit:
AYES: Council Members Lewis, Stanton, Kulchin, Nygaard, Finnila
NOES: None
ABSENT: None
A’ITEST:
%ETI-I&&AU@NKRANZ, City Clerk KAREN R. KUNDTZ, Assistant City Clerk
Recording Requested By
and
When Recorded Return To:
PARKS AGREEMENT
FOR
CITY OF CARLSBAD - MP 139(E)
RANCH0 C ARRULO MASTER PLAN
h -
RANCH0 CARRILLO PARKS AGREEMENT
THIS 1994 PARKS AGREEMENT (“Agreement”) is made this day of 1994 between the CITY OF CARLSBAD, a municipal corporation ofe State of California (hereinafter referred to as “City”) and L&W Investments, Inc., a California corporation, dba
Continental Homes (hereinafter referred to as “Continental Homes” or Developer) and Realty
Dealers Ltd. (hereinafter referred to as “UDC” or Developer).
RECITALS
WHEREAS, in 1977 the City entered into an agreement (the “1977 Agreement”) with the Carrillo Ranch0 Partnership for the dedication for park purposes of a (i) 10 acre parcel of land and (ii) structures situated thereon valued at $97,500.00. The City accepted ownership of this parcel on February 15, 1977. This agreement established that the amount of land dedicated and the value of the improvements on this land will be maintained on account by the City to be drawn upon as a credit against park-in-lieu fees required by subsequent subdivisions in the
Ranch0 Carrillo Master Plan; and
Whereas on July 1, 1986 the City of Carlsbad adopted Ordinance 9810 which established its
Growth Management Program which requires public facilities concurrent with need; and
Whereas on September 23, 1986 the City of Carlsbad approved Resolution No. 87-97 adopting
the Citywide. Facilities and Improvement Plan and Resolution No. 87-96 which established
performance standards for parks and other facilities; and
Whereas on March 3, 1991 the City approved Resolution No, 91-76 adopting the Zone 18 Local Facilities Management Plan which provided a detailed description of the buildout potential of
Zone 18 including the area of the Ranch0 Carrillo Master Plan and established the public
facilities requirements for the development of this area including the requirement for the dedication of 8.5 acres of park land based on a maximum buildout of 2091 units with a
population genes&on rate of 2.471 residents per unit; and
Whereas the City’s 1992 Growth Management Monitoring Report reduces the population generation rate from 2.471 residents per unit to 2.318 residents per unit, based on the maximum number of units, 2091, permitted by the Zone 18 LFMP there could be up to 4,846 residents
within the Ranch0 Carrillo Master Plan, with a requirement of three (3) acres of park land per
1,000 residents this would generate a need for 14.5 acres of park land dedication based on these numbers; and
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. Whereas there is an existing park credit of 8.8 acres from the 1977 park land dedication, this results in the requirement for a maximum dedication of an additional 5.7 acres of park land,
based on the maximum buildout of 2,09 1 units allowed by the Zone 18 LFMP. The Ranch0
Carrillo Master Plan only permits a maximum of 1,982 dwelling units, while the actual number
of units being constructed may be substantially.less thereby significantly reducing the dedication
requirement; and
Whereas, Section 21.38.060(5) of the City’s Municipal Code establishes a procedure and
guidelines for the dedication of park land in Master Plans; and
Whereas, on February 15, 1993 the City’s Parks and Recreation Commission recommended approval of the acreage proposed for dedication as shown on Exhibit A, attached; and
Whereas, on August 3, 1993, the City duly adopted, as Ordinance No, NS-247, the Ranch0
Carrillo Master Plan which designates the area to be dedicated to the City for park land and
requires the Developers of the Ranch0 Carrillo Master Plan to enter into an agreement with the
City regarding said dedication; and
Whereas, it is the intent of the Developers of the Ranch0 Carrillo Master Plan to comply with the requirements of all of the previous recitals.
NOW, THEREFORE, in order to implement the Ranch0 Carrillo Master Plan, Ordinance No.
NS-247, and in consideration of the mutual promises and obligations of the parties set out herein, it is agreed as follows:
A. Owners’ Responsibilities
1. Concurrent with the approval of the Master Plan Amendment, the developers of
the Ranch0 Carrillo Master Plan will offer for dedication approximately 16.4
acres free and clear of any liens as generally shown by Exhibit “A” and identified
as “Site Plan” by Parks and Recreation Commission Agenda Bill #293-4. This dedication shall be accepted by the City and appropriately recorded on or before the approval of the first final map within the Master Plan.
2. The Master Plan applicants shall ensure to the satisfaction of the City Engineer that utilities remain available to the park site at all times during the Master Plan
development unless prior approval is secured from the City. Joint trench and wet
utilities shall be accessible to the park from Melrose Avenue or the collector street serving Viiage 0 adjacent to the future entry road into the park site. A
reasonable effort shall be made to locate the stubs to the satisfaction of the City. The costs to bring the utilities into the park will be the responsibility of the City.
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3. Vehicular access to the park will be provided by the Master Plan applicants during all phases of development of the Master Plan to the reasonable satisfaction of the Parks and Recreation Director. After the completion of grading in the vicinity of the park, permanent vehicular access to the site shall be provided by the Master Plan applicants from Melrose Avenue via an access easement through a cul-de-sac on property owned by Continental Homes as generally shown on
Exhibit A. This access shall be graded to City standards with sufficient width to accommodate a 36’ curb-to-curb road and improved with decomposed granite, to allow for an all weather access to the park site, until the City develops a permanent entrance at this location.
4. If Village S is not utilized by the San Marcos Unified School District for a school site, the City of Carlsbad shall have first right of refusal to purchase Village S
for park purposes, If the City decides not to purchase Village S, then a portion
of Village S, approved by the Parks and Recreation Director, which approval shall not be unreasonably withheld, and suitable to provide non-exclusive park access from Poinsettia Lane, emergency vehicular access to the park and parking for 50 cars near the traditional entrance to the park site shall be dedicated as
additional park land.
5. The Master Plan applicants shall provide an all weather emergency vehicular/pedestrian access, as shown on Exhibit A, between Village S and the park site at the base of the slope created by the construction of Melrose Drive, subject only to minor field adjustments reasonably approved by the Parks and Recreation Director.
6. For purposes of maintaining public utilities the Master Plan applicants shall provide access roads, acceptable to the City, as shown on Exhibit A.
7. Temporary security arrangements for the ranch compound and historic structures
shall be provided during grading to the satisfaction of the Parks and Recreation Director.
8. The Master Plan applicants shall construct a sewer line (shown on Exhibit A) to
provide sewer service to the park site. If this sewer line must cross the creek to
arter the park site adjacent to the gate house, it shall be concealed by a pedestrian
bridge or other manner acceptable to the City.
B. City’s Responsibilities
1. Upon accepting the 16.4 acres, which includes dedication of unconstrained land
in excess of the Master plan maximum requirement of 5.7 acres as shown on
Exhibit A, the City shall accept all maintenance and liability of all land, slopes, trails and drainages within the dedicated area upon recordation of the transfer of
ownership, except for areas required to be maintained or monitored by owners such as riparian mitigation. The City shall accept maintenance and liability responsibility upon conclusion of such maintenance and monitoring obligations.
2. Upon or prior to commencement of physical development activities within the Ranch0 Carrillo Master Plan the City shall quitclaim or vacate as appropriate any
interest in the existing access easement from Palomar Airport Road.
3. The City shall accept all access easements described in Section A (Owners
Responsibility) and shown on Exhibit A as being adequate to serve the City’s
needs.
4. As part of the park development process, if deemed appropriate, it shall be the
City’s responsibility to provide permanent perimeter fencing.
5. Reasonable requests for access, temporary easements and other items related to
the construction of Master Plan infrastructure such as sewer, roadway culverts
and storm drains shall be granted by the City.
6. By this agreement, the City acknowledges that the Master Plan applicants have met their park land requirement through the 1977 park land dedication, the value of the improvements on that land and the additional dedication of 16.4 acres. No park-in-lieu fees will be required for the development of up to 1,982 units. This
figure is based on the assumption that the school site and community facility site
are developed for residential purposes. Credits for the school site (Continental
Homes 43 units plus UDC 104 units) and the community facility site (Continental
Homes - 19 units) shall not be used unless and until those sites are developed for
residential purposes.
7. Dwelling unit credits have been allocated among the property owners as shown
on Exhibit B, attached. No distinction between attached or detached dwelling
units is intended.
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8. Credit Transfers and Termination - The credits may be transferred among the
above named parties or to their successors. A transferring party shall not accept
payment for such credits in excess of the park-in-lieu fee in effect at the time of
such transfer. Evidence must be presented to the City by any party wishing to
record a Final Map that it has or has acquired park-in-lieu fee credits in an
amount equal to the number of dwelling units on such Final Map. It is the
intention of the Master Plan applicants and the City that the credits will be used
in connection only with the 1,982 dwelling units allowed by the Master Plan.
Therefore, any “unused” credits shall terminate after all units allowed by the
Master Plan have been developed.
This text and exhibits constitute the entire agreement. This agreement may be enforced by an
action for specific performance and/or other action(s) permitted at law or in equity. The
prevailing party in such action(s) shall be entitled to attorney’s fees and costs of litigation
provided that the parties first agree to submit any dispute to the City Council.
IN WITNESS WHEREOF, the parties have executed this Agreement of the date
first hereinabove set forth.
CITY OF CARLSBAD
A Municipal Corporation of the
State of California
ATTEST:
BY CLAUDE A. LEWIS, Mayor
ALETHA RAUTENKRANZ, City Clerk
L & W INVESTMENTS, INC., a California
corporation, dba. Continental Homes
APPROVED AS TO FORM:
/tc%xke BY CHRI$OPREf( J. CHAMBERS
Vice President
RONALD BALL, City Attorney
REALTY DEALER!3 LTD.
By -j&@&,//c 4 .
PAT McCARDLE
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EXHIBIT B
DWELLING UNIT CREDIT ALLOCATION
Pursuant to the 1977 Park Agreement 10 acres of park land with structures valued at $97,500
were dedicated to the City of Carlsbad. Of this 10 acres, 1.73 acres were credited to the
existing Ponderosa Homes project resulting in a remaining credit of 8.27 acres. The Ranch0
Carrillo Master Plan Amendment will provide, at a minimum, 5.7 net acres of unconstrained
park land for a total of 13.97 net acres of park land. Per agreements between the property
owners, the following credits have been established for this park land and structures dedication:
Woodward/Merrill Lynch: 4.38 acres 31.35%
Continental Homes: 8.59 acres 61.50%
UDC: 1 .OO acres 7.15%
Scripps: 0.00 acres 0.00% -------------- e---------w
Total 13.97 acres 100.0%
Y
The Ranch0 Carrillo Master plan allows for a maximum of 1982 residential units assuming the
school site and community facility site are developed for residential purposes. For purposes of
calculating park credits, the following formula will be utilized:
Maximum number of units allowed by the Ranch0 Carrillo Master Plan (1,982) divided
by the net dedicated park acreage, 13.97 acres equals 141 units per acre of park credit
for each of the property owners of the Ranch0 Carrillo Master Plan:
Woodward/Merrill Lynch:
Continental Homes:
UDC:
Scripps:
Total
621 dwelling units
1,2 19 dwelling units
142 dwelling units
0 dwelling units -----------------------
1,982 dwelling units
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No distinction between single family and multifamily units shall be made for purposes of
applying the above credits. For example, if UDC wished to build 50 condominium units and 50 single family units they would pay no park-in-lieu fees and their remaining dwelling unit
credits would be reduced from 142 to 42.
Credits for the school site (Continental Homes 43 units, UDC 104 units) and the communitv
facility site (Continental Homes 19 units) shall not be used unless and until those sites ark
developed for residential purposes.
Agreed and Acknowledged:
L & W INVESTMENTS, INC., a California Corporation, dba. Continental Homes
BY CHR.JST(bPH’&@ J. CHAMBERS
2* 22*#
Date
Vice President
Y?As&m Secretary
REALTY DEALERS LTD.
%lW~
Date
SCRIPPS HOSPITAL
BY JIM LEARY Date
WOODWARD ILL LYNCH n
BY 2-IbwW
S’XkPHEN BENAVIDES Date
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