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HomeMy WebLinkAbout1977-12-20; City Council; 3140-5; La Costa Parks Agreementm '. rr m CITY OF CARLSBAI) 4. C AGENDAA BILL S3. 3140. supplement NO. 5 Initial: DATE: December 20, 1977 C. Atty. \ DEPARTMENT: Parks and Recreation C. Mgr. - a Dept . Ed. - -- - Subject z LA COSTA PARKS AGREEMENT - Statement of the Matter The new agreement concerning La Costa park sites supercedes the ori interim parks agreement of October 15, 1973 and its four supplement deleting La Costa Canyon Park which has been dedicated and carries the pending dedications of San Flarcos Canyon and Fuerte Park. The agreement also includes the San Marcos Creek Park and Stage Coach P that were included in the existing Master Development Plan on Septe. 27, 1976 which was adopted as an interim document so that the Santa Knolls, Rancheros, Green Valley Knolls and Corona La Costa projects be processed. EXHIBITS Resolution No. <fJ 8d Map - San Marcos Canyon (wall exhibit). This map outlining the with Agreement park boundaries is Exhibit 'A' to the Agreement. The City Clerk will have a map with the original agreement in her files as a permanent record. ,- '0 RECOMNENDAT ION If Council concurs, adopt Resolution No. 5286approving the agreeme and authorizing its execution. COUNCIL ACTION 72-20-77 The matter was continued to the next regular meeting for f 1-3-78 Resolution #$"2J% was adopted, approving a Parks Agreement information from staff. the City and the La Costa Land Company. ,/'& E \ .3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 : : 25 2Y 27 28 iB RESOLUTION NO, 5286 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A PARKS AGREEMENT BETWEEN THE CITY OF CARLSBAD AND THE LA COSTA LAND COMPANY AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT. BE IT RESOLVED by the City Council of the City of Carls follows: 1, That the certain Parks Agreement between the City c Carlsbad and the La Costa Land Company, a copy of which is attached hereto as Exhibit 'A' and incorporated herein by reference, is hereby approved, 2. That the Mayor of the City of Carlsbad is hereby authorized and directed to execute said agreement for and or behalf of the City or' Carlsbad. PASSED, APPROVED AND ADOPTED at a regular meeting-of tk City Council on the 3rd day of J a n u a ry c 1978 the following vote, to wit: AYES : Councilmen Frazee, Lewis, Packard, Skotnicki NOES: None ABSENT: None Councilwoman Casler P&Fe&.* 1 ROBERT C. FRAZEE, M or ATTEST : , @H lz3T ?'&.&$$& E?+i%iIm. 6, : Cl&z2 'J (seal) I I I I LAIl-LJ3I.I. m Resolution No. 5286 - rn rn I' AGREEMENT THIS AGREEMSNT is made this 3rd day of January 1978 between the CITY OF CARLSBAD, a municipal corporation of the State of California (hereinafter referred to as "City") and LA COSTA LAND COMPANY, an Illinois corporation (hereinaftc referred to as "La Costa"). - RECITALS WHEREAS, in 1973 La Costa was the owner or otherwise controlled approximately three thousand eight hundred acres o real property located within the City of Carlsbad and was developing said property pursuant to the City's Planned Community Zone and a Master Plan Development approved by the City and adopted as Ordinance No. 9322 (hereinafter referred to as "Original Master Plan"); and WHEREAS, said ordinance, anong other things, identific portions of said! property as sites €or neighborhood parks and required that an agreement be entered into between the City o Carlsbad and La Costa for the dedication of such parks in connection with the development of the property; and WHEREAS, said ordinance also required dedication by La Costa to the City of a portion of said property known as San Marcos Canyon; and WHEREAS, as part of the ongoing planning efforts of the City and as the development proceeded at La Costa the , rn aB plan was subject to review and it was determined that it was desirable to replace some or all of the neighborhood parks with one or more communitv parks, or a combination or' some neighborhood parks and one community park; and WEREAS, the parties agreed to an interim parks contract to preserve the City's rights to the neighborhood parks until an amendment to the Master Plan could be secured and a final definite Parks Agreement reached; and WEIIEAS, the parties also agreed, as a part of that contract, to a procedure for accomplishing the orderly dedi- cation of the San Marcos Canyon as required by Ordinance No. 9322; and WHEREAS, said contract, dated October 15, 1973, was subsequently supplemented on the 18th of July, 1974 tG revise the procedures for dedicating San PYIarcos Canyon and several times subsequent to that date, to extend the term of such agreement. Said contract, as supplemented, is on file in the office of the City Clerk and incorporated by reference herein; and WHEREAS, pursuant to Chapter 20.44 and in satis- faction of their obligations thereunder, La Costa deposited fees in lieu of dedication of land as a condition of recordation of the final subdivision maps for the subdivision known as Spanish Village Unit No. 1, Santa Fe Glens, Green Valley Knolls and La Costa Estates North, and has dedicated park land in La Costa Vale Unit No. 2 for and as a condition 2. .. I. rn rn of recordation of the final subdivision maps for the sub- divisions known as La Costa Vale Units No. 2 and No. 3; and WHEREAS, La Costa dedicated portions of San Marcos Canyon and placed a deed to a park site in escrow pursuant to their obligations under Ordinance No. 9322 and the Interim Parks Agreement; and WHEREAS, La Costa is now the owner, or the purchaser, under contracts of sale, or otherwise controls, approximately five thousand six hundred acres of real property within the boundaries of City which La Costa wishes to develop as a plan- ned community in a logical extension of the above-referenced planned community; and WHEREAS, La Costa applied for a Master Plan amenzmmt to include their enlarged holdings in the planned community and adopt a Master Plan for their development; and WHEREAS, City, on the 2nd day of November, 1976, by the adoption of Ordinance No. 9469 amended Ordinance No. 9322 and approved a revised Master Plan, consisting of a land use nap and an accompanying text, on file in the office of the City Clerk and incorporated by reference herein. plan is hereinafter referred to as the revised Master Plan. The revised Master Plan constituted approval of an amendment to the original Master Plan to incorporate a portion of the enlarged holdings of La Costa within the planned community and to approve a Master Plan of development for a portion of Said 3. rn aD such property wherein development was specifically limited to four areas identified as Santa Fe Knolls, Rancheros de La Costa, La Costa Vale Unit No. 2 and Green Valley Knolls. Action on the balance of the La Costa holdings proposed for inclusion within the planned cormunity was deferred and they cannot be developed until a further Master Plan amendment is approved by City; and WHEREAS, said revised Master Plan amends and supersedc the previously adopted pilaster Plan; and WHEREAS, said revised Master Plan also provides for the development of those portions of the property within the original Master Plan; and WHEREAS, said revised Master Plan eliminated some parks shown on the original Master Plan which were no longer consistent with City's General Plan and provides for some new parks in the areas added to the planned community and, among other things, identifies the size and general location of sites for public parks and other recreational facilities to serve the present and future residents of said areas and the overall La Costa Community and provides that an agreement implementing the park and. open space requirements of said plan be entered into between the parties as a condition for the further approval of any subdivision map in said areas of said property zoned P-C; and WHEREAS, said revised Naster Plan also provides for a agreement between the parties for the dedication of those 4. - rn portions of said property designated as San Marcos Canyon which have not been previously dedicated pursuant to the above-referenced Interim Parks Agreement; and WHEREAS, the park dedications required by said revised Master Plan will satisfy in part the requirements of the Carlsbad Municipal Code Chapter 20.44 which 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. Section 20.44.110 provides an alternate procedure for satisfying said obli- gation for planned communities. The revised Master Plan invokes that alternate procedure and the City has elected to proceed pursuant to said section and the parties desire to include in this agreement those items necessary to accomplish.said alternate procedure in accord with said section; and WHEREAS, said alternate procedure provides for the identification of park sites on a Master Plan and provides for the dedication of said sites as a part of the overall community planning process rather than tying the park dedications to the development of any particular subdivision. The parties recognize that the development of said property will take place over a number of years and they desire to make prearrangement for the dedication of certain park lands advance of actual need and subdivision in order to ensure that the community will receive the benefits of a coordinated 5. .. - m park program and in order to allow the parks to be dedicated and developed as a complete unit instead of waiting for a piecemeal dedication pursuant to the individual subdivision process; and WHEREAS, the City desires to acquire and provide for the acquisition of the park sites identified in the revised Master Plan in an orderly manner and concurrent with need and coordinated with the planning process and the develop- ment of the community; and - WHEREAS, in order to accomplish these purposss, La Cos will dedicate park lands in an amount not to exceed the estimz of their ultimate obligation pursuant to Chapter 20.44 in advz of requirements of any individual subdivision. The amounr. of land so dedicated will be maintained on account by the City ti be drawn upon in satisfaction of the park obligation of sub- sequent subdivisions; and WHEREAS, City and La Costa understand a complete fina Parks Agreement is not possible until a decision is made on the Master Plan amendment for all of the La Costa holdings but do wish to enter into an agreement to resolve matters relating to the parks identified in the revised Master Plan to date which can be supplemented as necessary to accommodate such decisions as City may make on said amendment and which will incorporate those portions of previous agreements as necessary and supersede the unnecessary portions and other- wise provide for the dedication of the revised Master Plan, 6. a a Parks and San Marcos Canyon in one document. NOW, THEREFORE, in order to implement the revised Master Plan and in consideration of mutual promises and obli- gations of the parties set out herein it is agreed as follows 1. La Costa shall dedicate San Marcos Canyon free of any liens and encumbrances to the City of Carlsbad in acco: with the terms of this section. The boundaries of said canyoi were established pursuant to the Third Supplement to Interim Parks Agreement,dated October 15, 1973, and portions thereof have been dedicated pursuant to such agreement. Said boundar are shown on the map rnarked Exhibit "A", attached hereto and made a part hereof. City and La Costa hereby reaffirm said boundaries. Prior to the approval of any final nap for a subdivision of any property adjacent to San Marcos Canyon, as shown on Exhibit "A", and as a condition of approval of any such final map, La Costa shall survey those portions of San Marcos Canyon adjacent to the boundaries of any such map, do\ to the midpoint of the bottom of the canyon, certify the acrc thereof by licensed civil enqineer, and deed or dedicate SUC' property to City reserving such slope rights and other easeml on the boundaries thereof as are necessary to develop the SU' divided property and as are agreeable to City* 2. The interim Parks Agreement dated,October 15, 1 the First Supplement thereto,dated. July 18, 1974, and all su sequent supplements are hereby superseded by this agreement. 7. rn a City shall release by appropriate instrument the deeds for any park sites currently being held in escrow pursuant to said Interim Agreement. 3. FJithin ninety days of the effective date of this agreement, La Costa shall dedicate or deed to the City, free o any liens and encumbrances, by an appropriate instrument acceptable to the City, that park site identified on the Maste Plan as Fuerte Park, a portion of Lot 748, consisting of 3.666 acres in the area known as La Costa Meadows Unit No. 4. 4., As a condition of approval of final subdivision map for the subdivision of any part of the property within the boundaries marked. "Area C", on Exhibit "B", attached hereto and made a part hereof, La Costa shall deed or dedicate to Cit free of any liens and encumbrances, by appropriate instrument acceptable to City, the site designated on the revised Master Plan and shown on Exhibit I'B", hereto as San Narcos Creek Park Said park shall consist of 14.7 acres for which La Costa shall receive credit as herein provided equal to 10.7 acres computed according to the provisions of Chapter 20.44 of the Carlsbad Municipal Code and this agreement. 5. As a condition of the approval of a final sub- division map for the subdivision of any part of the property within the boundaries marked "Area D", on Exhibit "C", attached hereto and made a part hereof, La Costa shall deed or dedicate to City, free of liens and encumbrances, by appropriate instrr ment acceptable to City, 12.5 acres of the park shown on Exhibit "C", as Stagecoach Park. Said park shall consist of twenty-eight - 3- acres. If subsequent subdivision maps are 8. a (I) approved by City for residential subdivisions of additional property within that portion of said property designated as "Area D", in said Exhibit 'IC", and as a condition thereof, La Costa shall similarly dedicate additional portions of said Stagecoach Park equal to twice the area required for any such subdivision as computed according to the provisions of Chapter 20.44 of the Carlsbad Municipal Code until the ful park site of 28 f acres, as shown on said Exhibit ItC1',is so dedicated. 6. It is understood that this agreement provides only for the park dedications in those portions of said prope shown on Exhibit "B" as "Area C*', and on Exhibit 'IC" as "Area D",respectively. If the revised Master Plan is further amended to provide for development of the remaining areas of the La Costa property this agreement shall be supplemented to provide for the dedication of parks, or the payment of fees in lieu thereof for such areas. However, in any event, excess credits of land or payment of fees, as provided herein may be applied against any requirement therefor in the remain areas. of La Costa's property within the boundaries of said "Area C" which have not as of the date of this agreement been incorpor within the planned community and have not received master pla approval and that development within such areas may not take place without such approval. Nevertheless, the parties wish The parties also recognize that there are portions 9. aD m to provide for the major parks contemplated for such areas in advance of such approvals and without prejudice to any decision City may make in regard to such approvals. In the event such approvals are not forthcoming, any park dedications pursuant to this agreement in excess of the Chapter 20.44 requirements for the approved subdivisions in such areas shall be available as a credit against Chapter 20.44 requirements for subdivisions in other areas of La Cost; 7. The parties recognize that the revised Master Plan is a planning document only and part of the dynamic changing process of the City's land use planning program. The park sites shown on the revised >laster Plan reflect the parties best judgment of an appropriate parks program for La Costa as it is currently planned at this time. It is understood that as said property is subdivided and improved, and as the City's planning process continues, the City may determine to change the location, number or amount of parks and City specifically reserves the right to do so. It is als understood that approval by City of portions or all of the balance of the proposed La Costa Master Plan amendment will require changes to this agreement in said regard. In the event such changes are necessary, the parties shall further supplement this agreement to effect such changes and provide for the orderly dedication of said park sites. The parties shall not unreasonably withhold agreement on any necessary supplement to this agreement, resulting from such a change. 10. .. m m The parties recognize further that the revised Master Plan Map shows the park sites only as general locations and in approximate sizes. The text of said plan may contain limits of various specificity within which the parties may adjust the size and location of the park sites. Within the limits of said plan and this agreement, the City reserves the right to fix the final location, size and boundaries of such site without an amendment to this agreement. 8. . Prior to the approval of any tentative map for subdivision of any of said property within the revised Master Plan for which a park site or incremental part thereof is required to be dedicated according to the terms of said plan or this agreement, La Costa shall cduse such applicable site to be surveyed, the boundaries staked and the acreage thereof certified by a licensed civil engineer or surveyor. 9. Each such park site shall, as a condition of - acceptance by City, have reasonable access to a dedicated street or other access acceptable to City and shall have reasonable access to sewer and other necessary public utilit and shall otherwise meet City's reasonable criteria for par as set forth in City's General Plan. 10. Any dedication of park land by La Costa, pursua to this agreement, shall first be credited against the requi rnent for the subdivision which is the occasion of such dedic in satisfaction of that subdivision's requirement under Chapter 20.44 of the Carlsbad Municipal Code. The amount oJ 11. - 0) land, if any, in excess of said requirement shall constitute a credit in favor of La Costa to be held on account by City. At the request of La Costa, and with the approval of City, La Costa may use such credit in satisfying an equal amount of the requirements pursuant to said chapter for other subdivisions subsequently approved within the revised Master Plan area not necessitating the dedication of a park site pursuant to this agreement or other park dedication require- ments. Said credit shall, except as otherwise provided, be on an acre for acre basis, the parties having agreed that each acre in said property is equal in value for such purpose 11. At such tine as any subdivision map is presented to the City Council for approval for any property within the revised Master Plan for which no park site will be requir to be dedicated, said subdivision shall be processed as any other subdivision in terms of the parks' obligation pursuant to Chapter 20.44. If the City Council determines that dedica of park land, in addition to the sites identified on the Mast Plan, is necessary, and if such dedication is found to be consistent with the General Plan and revised Master Plan, r such dedication may be required or, in lieu thereof, the City may require park fees to be paid in accord with said chapter. If sufficient credit exists in favor of La Costa to satisfy the obliGation of said subdivision, City may elecl to satisfy the parks obligation of said subdivision by an appropriate deduction from said credit. - In the event there 12. rn (I, is no, or insufficient, credit from prior dedications availabl to La Costa to satisfy such obligation or in the event City determines to reserve such credit for future subdivisions, as a condition of the approval OF any such tentative map and prior to the approval of any final map therefor, La Costa shall satisfy the requirements of Chapter 20.44 by making the required dedication or paying the required fees in lieu thereof as City shall determine. 12.’ Nothing in this agreement shall prevent La Costa requesting, or the City granting, credit for private open space for parks and recreation purposes against the parks’ obligation of any individual subdivision in accord with Chapter 20.44. 13. Concurrently with the processing of a final map a statement regarding the parks’ obligation shall be prepared by City for each such map for a subdivision of said property. The statement for a subdivision with no park site shall show the amount of land or fees required as determined by Citv pursuant to Chapter 20.44; the amount of credit, if any, available to satisfy such requirement; the amount of credit to be used in satisfaction of the requirements of the sub- division; the credit remaining, if any, on account for subseql subdivisions in the event the City determines to allow such credit and the balance of land or fees due, if any. Said 13. -7 , m rn -. statement for a subdivision with a park site shall show the amount of land required as determined by City, pursuant to Chapter 20.44, for such’ subdivision; the amount of credit, if any, already on account; the amount of park land to he dedicated pursuant to this agreement and the balance due or credit remaining on account for subsequent subdivision as the case may be. Upon request City shall furnish an account- ing of the current credit balances available to La Costa. 14. If development within the revised Master Plan does not go forward, or the substance of the approvals for such development are withdrawn, or this agreement is otherwise terminated by City prior to completian of development as con- templated. by the revised Master Plan, the title to any land or improvements dedicated or deeded shall remain in the City and the remaining balance of any land or other credits not utilized in satisfaction of the requirements of this agreemen shall remain on account and shall be available to satisfy the park requirenents which may apply to any future development o said property. 15. This agreement shall bind and inure to the benefit of the parties, their respective assigns and successc and the successive owners of said property. 16. In the event La Costa sells portions of the property subject to the revised Master Plan and this agreemei to other parties who becGme the subdividers thereof, the cre 14. * rn - available pursuant to this agreement may be made available to satisfy the obligations of Chapter 20.44 of said subdivide] upon receipt of written authorization by City from La Costa indicating the amount of such credit to be made available. IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year first above written. CITY OF CARLSBAD, a municipal corporation of the State of California ATTEST : &c L-i.cz(. ROBERT C. FRAZEE, Maar 17 J/k .4&dF&f&H42 x? MARGA T E. ADAMS, City Clerk + LA COSTA LAND COMPANY ATTEST: APPROVED AS TO FORM: VINCENT F. BIONDO, JR. City Attorney 15 a 1). I, - (L, '. *, .. b, .. . - .--. . . . . - . . *- .. - . _L,_ =. -, -, I .. / .. nr A k b ‘I \ \ ,n - - .--.. . .----.I A- -._._._- - _.____ - . ..