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HomeMy WebLinkAbout1997-04-15; City Council; Resolution 97-446a a RESOLUTION NO. 97-446 1 2 3 4 5 6 A RESOLUTION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A RESTATED PARKS AGREEMENT BETWEEN THE CITY OF CARLSBAD AND THE RANCHO CARRILLO PROPERTY OWNER. WHEREAS, on June 6, 1994, the City Council approved the Rancho Carrillo Parks Agreement between the City of Carlsbad and Rancho Carrillo property ownel 7 8 title to the park site to the City of Carlsbad in satisfaction of the parks condition copy of which is attached hereto, for dedication of additional parkland and transfer ( ' 9 contained in the Rancho Carrillo Master Plan, Ordinance No. NS-247; and; 10 WHEREAS, the Rancho Carrillo Parks Agreement was never executed; and I.1 I/ WHEREAS, subsequent to the above approved agreement, the ownership o l2 11 Rancho Carrillo property has changed and Continental Homes is now the sole ownc 13 14 the Rancho Carrillo property; and 15 WHEREAS, the City Council of the City of Carlsbad, California, has determin 16 necessary, desirable, and in the public interest to approve the Restated Rancho Ca 17 Parks Agreement, reflecting the change in ownership mentioned above. 18 NOW, THEREFORE, BE IT RESOLVED by the City Council of the Cii I' // Carlsbad, California, the following: 20 21 1. That the above recitations are true and correct. 22 li 2. That the Restated Rancho Carrillo Parks Agreement between the Ci 23 Carlsbad and Continental Homes, is hereby approved. 24 3. That the Mayor of the City of Carlsbad is hereby authorized and dire 25 27 of Carlsbad. 26 to execute the Restated Rancho Carriilo Parks Agreement for and on behalf of the 28 0 0 1 PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Co 2 of the City of Carlsbad, California, held on the 15th day of April , 1997, b! 3 4 5 6 7 8 9 10 11 12 13 following vote to wit: AYES: Council Members Lewis, Finnila, Kulchin and Hall NOES: None ABSENT: Council Member Nygaard ATTEST: 14 15 A~~AAAi~z~clz \ 16 17 18 19 20 21 22 23 24 25 26 27 11 28 0 .I <. lhhUvG4 Onr 4i.&vp /37543% NqW m-d RANCHO CARRILLO PARKS AGREEMENT THIS 1994 PARKS AGREEMENT ("Agreement") is made this day of 1994 between the CITY OF CARLSBAD, a municipal corporation of the 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). - "5" /32dA RECITALS WHEREAS, in 1977 the City entered into an agreement (the "1977 Agreement") with the Carrillo Rancho 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 Rancho Cadlo 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 Rancho 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 generation 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 Rancho Carrillo Master Plan, with a requirement of three (3) acres of park land per 1,OOO residents this would generate a need for 14.5 acres of park land dedication based on these numbers; and 1 - - 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 2,091 units allowed by the Zone 18 LFMP. The Rancho 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 Rancho Carrillo Master Plan which designates the area to be dedicated to the City for park land and requires the Developers of the Rancho 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 Rancho Carrillo Master Plan to comply -with the requirements of all of the previous recitals. NOW, THEREFORE, in order to implement the Rancho 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 Rancho 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 n93-4. 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 hrn Melrose Avenue or the collector street serving Village 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. 2 I .. e fl#!+@ c d- dJp Vte' /64 3. Vehicular access to the park be provided by the Master Plan applicants during all hases of develo m t of the Master Plan to the reasonable satisfaction of the €?+h"fl% ecreation Direc After the completion of grading in the vicinity of e rmanen ve cular 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' curbtocurb 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 Marms 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+G!&nd Recreagon Direchr, which approval shall not be unreasonably withheld, and suitable to provide nonexclusive 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/pedeshian access, as shown on Exhibit A, between Village S and the park site at the base of the slope created by the construction of Melro subject only to minor field adjustments reasonably approved by th 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-md R-9 e. 8. The Master Plan applicants shall construct a sewer fine (shown on Exhibit A) to provide sewer service to the park site. If this sewer line must cross the creek to enter the park site adjacent to the gate house, it shall be concealed by a pedestrian bridge or other manner acceptable to the City. 3 : ,a 0 0 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 Rancho 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 pm 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) shaU not be used unless and until those! sites are developed for residential purposes. d-0 i$$ 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. 4 1' 0 0 / p-( 8. Credit Transfers and Termination - The credits may be transferred a"&e / -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. ATTEST: CITY OF CARLSBAD A Municipal Corporation of the State of California BY CLAUDE A. LEWIS, Mayor ALETHA RAUTENKRANZ, City Clerk I L & W INVESTMENTS, INC., a California corporation, dba. Continental Homes A" BY , WG L4)& c APPROVED AS TO.FORM: BY CHRz$OPm J. CHAMBERS Vice President RONALD BALL, City Attorney V~A~..E. WLBEN ddLh/J W Mecretary / REALTY DEALERS LTD. .? By /. gt&GL& PAT McCARDLE 5' .c !' *(I( -. 4, 0 0 /r 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 Rancho 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/Memll Lynch: 4.38 acres Continental Homes: 8.59 acres UDC: 1 .OO acres scripps: 0.00 acres """"""" Total 13.97 acres 31.35% 61.50% 7.15 % 0.00% 100.0% """""_ . The Rancho 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 Rancho 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 Rancho Cadlo Master Plan: Woodward/Merrill Lynch: 621 dwelling units Continental Homes: 1,219 dwelling units UDC: 142 dwelling units scripps: 0 dwelling units """"-""""""" Total 1,982 dwelling units Page 1 of 2 ..- .4 I. ' e 0 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 community facility site (Continental Homes 19 units) shall not be used unless and until those sites are developed for residential purposes. Agreed and Acknowledged: L & W INVESTMENTS, INC., a California Corporation, dba. Continental Homes BY - 2. rz*Cfq CHRIST@P@ J. CHAMBERS Date Vice President ' BY a- -22- 4(/ Date ,@22 secretary REALTY DEALERS LTD. .0 4 BY & a" SCRIPPS HOSPITAL BY JIM LEARY Date 2-1b-W Date . J Page 2 of 2 f '* 0 m 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 community facility site (Continental Homes 19 units) shall not be used unless and until those sites are developed for residential purposes. Agreed and Acknowledged: L & W INVESTMENTS, INC., a California Corporation, dba. Continental Homes BY 2- 22-4lf CHRIST@PHh! J. CHAMBERS Date Vice President G. Lk?Av a- -a>- ciq LAURIE. E. WLDEN dE~h0"'p.d Date jWi secretary ALL-PURPOSE ACKNOWLEDGMENT 0 PARTNER(S) UMlT personaliy appeared acknowledged to me that executed the same -in which the perso6acted. executed the NAYE OF pERsOr4s) OR ENTITY(ESI THIS CERTIFICATE MUST BE AITACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Signer(s) Other than Named Above - """""""""""""."~ _"""""""?