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HomeMy WebLinkAbout1979-07-17; City Council; 5921; Report to the City Council Clarifying Occidental Park Dedication - Relative to Expired Tentative Map CT 73-11.CITY OF CARLSBAD - •" Initial AGENDA BILL NO: <^"9^ J • • . Dept. Hd.' DATE: July 17, 1979 . cty' Atty DEPARTMENT: PLANNING/REDEVELOPMENT Cty' Mgr' —— SUBJECT: REPORT TO THE CITY COUNCIL CLARIFYING OCCIDENTAL PARK DECIATION (RELATIVE TO EXPIRED TENTATIVE TRACT MAP 73-11) ' • • Statement of the Matter As a result of processing occurring during late 1969 and early 1970 Master Plan 133 (H. B. Development Company) came into existence. Occidental Land, Inc. subsequently controlled the property and began an ambitious development program aimed at imple- ' menting the Master Plan by parceling development out under- the umbrella of MP-133. Over the years numerous development proposals have been, made, most of which were abandoned for one or more of the following reasons: -Poinsettia Overcrossing -Expiration of CUP's " ' • -Questionable status of public facilities . -Drainage problems -Coastal Commission/Environmental On September 19, 1978, Occidental, through its local representative, Mr. Don Agatep, requested clarification of the park requirement associated with Assessor's Parcel numbers 214-150-17 and 214-150-18. The Occidental request essentially states that 3.95 acres of land were dedicated to the City and accepted prior to final tract map approval associated with a 390 unit residential development on the subject site. The map was never finaled due to problems associated with the Poinsettia Overcrossing issue. The attached staff report provides a detailed analysis of the issue's involved. EXHIBITS I. -Report to City Manager, dated July 11, 1979 .. RECOMMENDATION ' • If Council concurs with the recommendation in the report, direct staff to return with appropriate resolution and requisite agreement for consideration. Council Action: 7-17-79 Council accepted the recommen'dati on and directed staff to return .with the appropriate documents. In addition, Council requested the representatives of the School District, Occidental and t'he • City meet to reach a conclusion on the proposed area for schoo'l dedication. " MEMORANDUM DATE: July 11, 1979 TO: Paul Bussey, City Manager FROM: Jack Henthorn, Redevelopment Coordinate SUBJECT: CLARIFICATION OF OCCIDENTAL PARK DEDICATION RELATIVE TO EXPIRED TENTATIVE TRACT MAP 73-11 (APN 214-150-17 and 18) BACKGROUND As a result of processing occurring during late 1969 and early 1970 Master Plan 133 (H. B. Development Company) came into existence. Occidental Land, Inc. subsequently controlled the property and began an ambitious development program aimed at implementing the Master Plan by parceling development out under the umbrella of MP-133. Over the years, numerous development proposals have been made, most of which were abandoned for one or more of the following reasons: -Poinsettia overcrossing -Expiration of CUP's -Questionable status of public facilities -Drainage problems -Coastal Commission/Environmental As a function of the time lapse involved between adoption and implementation, staff has identified four major issue areas requiring resolution prior to further development in the Master Plan area. Those issue areas, and their status is noted below: Sewer Reimbursement - Final analysis is complete.. Base agreement has been reached, although an extension of associated time frame is needed. Poinsettia Overcrossing - Final analysis is nearing com- pletion. A consultant has been retained to assist in bridge benefit district formation. School Sites - Preliminary analysis complete. Methodology to be developed after future meetings with school district. Parks/Open Space - Preliminary analysis complete. Consulta- tion scheduled with Parks and Recreation and Planning as first step in resolving. It appears appropriate at this time to clarify the subject issue due to its separability, from the general parks issue by virtue of premature dedication and acceptance. EXHIBIT INTRODUCTION AND ANALYSIS On September 19, 1978, Occidental, through its local representa- tive, Mr. Don Agatep, requested clarification of the park requirement associated with Assessor's Parcel numbers 214-150-17 and 214-150-18 (attachment 1). These parcels were also known as parcels 12 and 13 of MP-133 (attachment 2). The Occidental request essentially states that 3.95 acres of land were dedicated to the City and accepted prior to final tract map approval associated with a 390 unit residential development on the subject site. The map was never finaled due to problems associated with the Poinsettia Overcrossing issue. In February of 1979 staff analyzed the content of the request and verified information contained therein. At that time it was recommended that Occidental validate the existence of the 3.95 acre dedication via a preliminary title report. (attachment 3) In May of 1979 Occidental submitted a preliminary title report verifying the legality of the 3.95 acre parcel and showing fee ownership vested in the City of Carlsbad. (attachment 4) In June, 1979 staff analyzed the preliminary title report and file information recommending that the City recognize the 3.95 acre dedication as meeting parks requirements associated with a 390 unit residential development on the subject sites. (attachment 5) RECOMMENDATION Refinement of the June staff recommendation, in light of the exist- ing Parks ordinance, indicates that Council should be presented a resolution making certain findings wherein the "alternative parks" provision is met by MP-133 and that the 3.95 acre dedication is conditionally acceptable as meeting the parks requirements of APN 214-150-17 and 214-150-18, as outlined on page 4 of attachment 5. In addition, an agreement specifying the terms and conditions of the parks issue should be considered concurrently with the aforementioned resolution. : JH: j'd Atts. •-V THE AGATt-P CO. P.O. BOX 590 CARLSBAD, CAL 92008 729-8973 September 19, 1978 Mr. Paul Bussey City Manager City of Carlsbad 1200 Elm Street Carlsbad, Ca. 92008 Re: Clarification of the status of Occidental Land, Inc. Park Dedication Requirements for Assessor Parcels 214-150-17 and 214-150-18, North and South of proposed Poinsettia Lane extension between Carlsbad Blvd. and A..T.&S.F. RR right-of-way, Carlsbad. (APN 214-171-23, Exhibit A) Occidental Land, Inc. deeded 3.95 acres August 6, 1973 to the City of Carlsbad for Park purposes (copy of Grand Deed attached). The Park land dedication occurred during the processing of CT 73-11 and SP-114, a proposed 390 dwelling unit development filed by Occidental Land, Inc. and John D. Lusk & Son in May, 1973. The 3.95 acres were located East of 1-5 and deeded to the City of Carlsbad to fulfill the proposed Lusk project's projected Park dedication requirements stipulated by MP-133 (Occidental Master Plan), chapter 20.44 of the Carlsbad Municipal Code, and Carlsbad Ordinance No. 9190 (6) . The land deeded by Occidental is a portion of the approximately 12 plus acres designated by MP-133 for re- quired Park dedication. The pro-rata dedications were to ba granted as each development within the boundaries MP-133 received its final map approval. Master Plan 133 was approved January 1, 1970 and is illustrated in Exhibit B. On September 11, 1973, Occidental and Lusk requested that CT 73-11 and SP-114 be tabled to allow more time for project redesign and the City's resolution of the Poinsettia Bridge overcrossing issue; the project was never reactivated and new project plans have riot been processed for the subject site. At present, Occidental and Lusk request the City's written clari- fication of the status of the 3.95 acres deeded by Occidental for Park purposes under MP-133. As a result of discussions on this matter with the Planning Department, we feel the following pro- vision is a reasonable way. to evaluate the 3.95 acres with respect to any future residential development and the respective Park requirement for the subject parcels. . \ Page Twof Letter to Mr, Paul Busseyf City Managerf City of Carlsbad regarding Occidental Land, Inc. Park Dedicationf September 19, 1978 The City would agree that under th.e present City of Carlsbad Park- in Lieu Ordinance, the 3,95 acres of land deeded by Occidental Land, Inc. to the City of Carlsbad for Park purposes will satisfy the an- ticipated Park land obligation for future residential development on APNs 214-150-17 and 214-150-18. We would appreciate a response at your earliest convenience. Respectfully, Donald A. Agatep Planning Consultant DAA/jj Att, >-»-*-^----t->_t- ~hfrg-Tfift*-*:'kfafef'' :T '^-|\fe^A6 5~'^^M^ii® RS . I -• __—--—---J" hi ^ 4" *, r. .'is •? 1* j* 11 !*s•'j^jl ?fj| 2 - ; " J \2tfS ILX O O z i c\x\ •7om M 5- j>0 cp i ?.. c MEMORANDUM DATE: February 29, 1979 . ' TO: Paul Bussey, City Manager PROM: Jack Henthorn, Redevelopment Coordinator S^7 SUBJECT: OCCIDENTAL PARKS RELATIVE TO LUSK ^ Introduction • • • Mr. Don Agatep, representing Occidental Land., the Planning Director, and I met recently to discuss the parks situation relative to the Occidental Land holdings near Pointsettia Lane in the City of Carlsbad. It was determined that the provisions of Master Plan 133 required that 27.8 acres of land be dedicated for public purposes within the confines of said Master Plan area. It was further agreed that 7.8 acres of the 27.8 acre total was to be dedicated for park purposes relative to subject Master Plan (MP-133). Problem ' . ... At the current time three situations exist which complicate the solution to the parks issue. 1. As a condition of approval of the original Master Plan, a 20 acre dedication for school purposes was required. At the current time the school district in question is not covered by the school fee ordinance, thereby requiring some sort of special negotiations between the school district, the City and the developer to resolve the 20 acre dedication issue. This issue should be handled separately from the City parks issue. 2. Map CT #73-23 recorded without the dedication originally required having taken place at the time or recordation. This oversight, or error, is evidently possible to correct given the current cooperative attitude of Occidental Land. 3. The acreage dedicated by Occidental Land, i.e., 3.95 acres, may or may not be a legal lot. In addition, the deed given to the City does not specify for what purposes the property was dedicated, nor does it state what portion of the project the dedication was to cover. It appears as though the easiest way to solve the parks problem is to validate the subject 3.95 acres as a legal lot. This could be done through a title report commissioned and paid for by Occidental Land Incorporated. ^ rn //•Inltf ii-y C /,y May 4, 1979 Mr. Paul D. Bussey City Manager City of Carlsbad 1200 Elm Avenue Carlsbad, CA. 92008 Re: Occidential Land, Inc. Park Dedication to the City of Carlsbad Attached you will find a Preliminary Title Report (PTR) held by Occidental Land, Inc. for public park purposes. It also includes a PTR for an approximate 20 acre parcel adjacent, earmarked for public facilities i.e. school/park. Your review and expeditious resolution to this matter would be greatly appreciated. Respectfully, Donald A. Agatep Planning Consultant cc: Mike Wasmann Occidental Land, Inc. t DAA:vl Jack Henthorne City 292J'flooseve/f Street • Posl O//ice Box 590 • Carlsbad • CA 92008 - (714) 729-8973 \ rtfflVLtt 4- SAFECO TITLE INSURANCE COMPANY THIRD AVENUE AT "A" STREET SAN DIEGO, CALIFORNIA 92112 TELEPHONE NO. (714) 232-4031 AGATEP CORP. 2921 Roosevelt (Box 590) Carlsbad, CA Attention: Don Agatep Your Ho: City of Cb Our No: D-596457 Dated as of April 10, 1979, at 7:30 a.m. In response to the above referenced application for a policy of title insurance, SAFECO TITLE INSURANCE COMPANY hereby reports that it is prepared to issue, as of the date hereof, a California Land Title. Association Standard Coverage Fora Policy of Title Insurance describing the land and the estate or interest therein hereinafter set forth In Schedule A, insuring against loss which roay be sustained by reason of any defect, lien or encumbrance not shown or 1 referred to as an Exception in Schedule B or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said policy form. This report (and any supplements or amendments thereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title Insurance, a Binder or Commitment should be requested. SUSAN JOHNSTON/KIRK KIELY Title Officer o Order No.'D-596457 SCHEDULE A The estate or Interest In the land described or referred to In this schedule covered by this report Is: A FEE A Title to said estate or interest at the date hereof is vested in: THE CITY OF CARLSBAD as to Parcel 1 and OCCIDENTAL PETROLEUM LAND AND DEVELOPJIEl-JT CORPORATION, a California corporation, as to Parcel 2 The Land referred to in this report is situated in the State of Cali- fornia, County of San Diego, and is described as follows: SEE EXHIBIT "A" ATTACHED TYPK:CC EXHIBIT "A" • * ' i PARCEL 1: •'•'.' x . ' ' PA 13 That portion of the East Half of the Northwest Quarter of Section 28, • Township 12 South, Range 4 West, San Bernardino Meridian, In the City of Carlsbad, County of San Diego, State of California, according to Official Plat thereof, described as follows: Beginning at the intersection of the Easterly line of the Northwest Quarter of said Section 28 with the Northerly line of Poinsettia Lane as described .in deeds to the State of California recorded December 3, 1965 as File No. 218351 and File No. 218352; thence along said Easterly line North 00°28'45" East, 580.80 feet; thence parallel with the Northerly line of said Poinsettia Xane, South 76°54'40" West, 300.00 feet; thence parallel with the Easterly line of said Northwest Quarter, South 00°28'45" West, 580.80 feet to the Northerly line of said Poinsettia Lane;, thence along said Northerly line North 76°54'40" East, 300.00 feet to the Point Of Beginning. * EXCEFIING therefrom all crude, oil, petroleum, gas, brea, asphaltum and all kindred substances and other minerals in and under said land but without the right to enter upon the surface of said land above a depth of 500.00 feet below said surface for the purposes to explore and extract the same. PARCEL 2: Lots 100 and 101 of Carlsbad Tract No. 73-23, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 8081, filed in the Office of the County Recorder of San Diego County, February 28, 1975. . . ';VR:FBD EXCEPTING therefrom all crude, oil, petroleum, gas, brea, asphaltum and all '<-79 kindred substances and other. minerals in and under said land but without the :,-$6457 right to enter upon the surface of said land above a depth of 500.00 feet 'i-19493 below said surface for the purposes to explore and extract the same. c Order No. D-S96457 SCHEDULE B At the date hereof Exceptions to coverage in addition to the printed exceptions and exclusions contained in said policy form would be as follows: 1. General and special district taxes, a lien not yet payable, for the fiscal year 1979-80. 1A.' Second installment general and special district taxes, now payable, for the fiscal year 1978-79. ' • 2. An easement affecting a portion of said land, for the purposes stated herein and incidental purposes, in favor of: STATE 0? CALIFORNIA For: Highway slopes Recorded: December 3, 1965, as File No. 218351 and 218352 Affects: Beginning at Point "A" as described in said document; thence along the Easterly line of said Nortlwest Quarter North 0"28'30".East, 36.00 feet; thence North 86°22'52" West, 121.75 feet; thence South 50°20'46" West, 111.80 feet; thence South 65°36'04" West, 101.98 feet; thence South 82°37tlS" West, 201.00 feet; thence South 73°05149" West, 300.67 feet; thence along said boundary iTorth 76°54'40" East, 808.22 feet to the POINT OF BEGINNING. Affects Parcel 1. 3. An easement affecting a portion of said land, for the purposes ' stated herein and incidental purposes, in favor of: THE CITY OF CARLSBAD For: Public utility purposes Recorded: August 5, 1974, as File No. 74-210826 Affects: A strip of land 18.00 feet in width, said strip of land . being a portion of Section 28, Township 12 South, Range 4 West, San Bernardino Meridian, in the City of Carlsbad, County of San Diego, State of California, according to Official Plat thereof, the centerline of said strip of land is raore particularly described as follows: COMMENCING at the center of said Section 28, thence North 00°28'45" East, 609.39 feet feet along the West line of the northeast Quarter of said Section 28, said line also being the centurline oE Lagoon Lane, 60,00 feet wide, to a point on the centerline of Poinsettia Lane; thence South 76°54'40" West, 91.62 feet; thence North 13°05'20" West, 30.00 feet along a line perpendicular to said centerline of Poinsettia Lane to a point on n line parallel to said centerline of Poirjaettin. Lane, said point being the TRUE POINT OF BEGINNING and proceeding thence North c o D-596457 Page two 05*48'00" West, 60.00 feet to a point of termination. The side lines of said strip of land shall be lengthened or shortened to terminate on said line parallel to and 30.00 feet at right angle to said centerline of Poinsettia Lane. Affects Parcel 1. 4» An easement affecting a portion of said land, for the purposes stated herein and incidental purposes, in favor of: CAKLS3AD MUNICIPAL WATER DISTRICT For: A pipeline or pipelines Recorded: February 7, 1975, as File Mo. 75-030141 Affects: The Easterly 10.00 feet of the East Half of the Northwest Quarter of Section 28, Township 12 South, Range 4 West, in the City of Carlsbad, County of San Diego, State of California, according to the Official Map thereof. EXCEPT that portion lying Southerly of the Northerly line of the land described in a Deed to the City of Carlsbad, recorded August 22, 1973, as File LTo. 237096 of Official Records. Affects Parcel 2. • KOTE: . Tax Figures for 1978-79 1st Installment $500.69 paid • . 2nd Installment $500.69 not paid Land $21,225.00 Improvements $Noue Exemptions $None Tax Rate Area 09027 Parcel No, 214-171-36 NOTE: }'• Tax Figures for 1978-79 1st Installment $750.75 paid 2nd Installment $750.75 not paid Land $31,825.00 Improvements $None Exemptions $None Tax Rate Area 09027 Parcel Ho. 214-171-37 " 4- f.l o .BAT1QUITOS*• / '-^ \ ///-?.?• 77/^4 CHANGET s^ PfSS^S' /•!.-??; .'\j,,-rji TV X—N <^ \f.-rttj »»»te »o« ««nv«»' >. -.Trrf;s CO.»T« »st£i;s«'J "i i j i. 71. - •' - Vi! 3 Of S Ki^^W^Fffi',-tlfp ifiW - CARLSBAD TCT «U!-2 UNIT NO. 1 - LuT 1 . ^ SEC 28 - T12S-WW - SEC 29 - T12S-RH« - ROS 6269 MEMORANDUM DATE: June 6, 1979 TO: Paul Bussey, City Manager FROM: Jack Henthorn, Redevelopment Coordinatoryffit SUBJECT: OCCIDENTAL PARKS - LUSK * Introduction I have analyzed the Preliminary Title Report submitted by Don Agatep on behalf of Occidental Land (Attachment 1). The Pre- liminary Title Report was provided as the first step in a process designed to clarify the status of parcels shown as 12 and 13 on Master Plan 133 (Attachment 2). The Preliminary Title ' Report verifies that: a. 3.95 acres were deeded to the City of Carlsbad for unspecified purposes exclusive of utility easements and b. 21.56 acres which were to be dedicated for school and park purposes associated with final map CT-73-23 were never dedicated or otherwise reserved arid are held in fee by Occidental Land and Development Corporation. For the purposes of this memo, item (b) has been ignored in that it does not impact the park status of the subject site and requires involvement of the school district. Background Simply stated, the question raised by Occidental is as follows: In light of past dedications by Occidental, what are the obliga- tions of future owners (Lusk) to provide additional land areas for public purposes? Initial research appeared to indicate that the 3.95 acre dedica- tion was made to meet the master plan parks requirement relative to SP-114 and tentative map 73-11. Later research revealed that the maximum number of units permitted in MP-133 was 1258. This computes to a Quimby Act parks requirement of 4.6472, or 0.6972 in excess of the 3.95 acres already deeded to the City. Further research revealed that SP-114 and tentative map 73-11, a 390 unit residential development, carried a Quimby Act require- ment of 2.126 acres. w Memorandum - Paul Bussey Juno 6, 1979 Page Two . Occidental, for undocumented reasons, deeded 3.95 acres to the City of Carlsbad without benefit of an approved project, on August 6, 1973. In September of 1973, the project was tabled by the Planning Commission pending resolution of the Poinsettia overcrossing issue. The applicant was notified by the Planning Director on June 28, 1978, that the map (CT-73-11) and specific plan (SP-114) were concluded to have been withdrawn and abandoned due to lack of activity. The parks issue is the result of a recent effort on the part of Occidental and Lusk to consumate a sale of the subject site to Lusk. Lusk has conditioned the sale upon Occidental's ability to provide assurances that park dedication requirements have been met. Occidental, through Don Agatep, has approached City staff for clarification of the parks requirement associated with the subject site in light of past dedication. Options At this point in time the following statements appear valid regard- ing the 3.95 acre dedication as it relates to the subject site. A. It satisfies the agreed upon park dedication require- ments for a 390 unit residential .development. This statement is based solely upon the research con- ducted to date and reflects the background section of this memo relative to SP-114 and CT 73-11. B. It satisfies the park requirements for a maximum develop- ment of 740 units on 37 acres. This statement is within the range permitted by the General Plan (10-20 units per gross acre). It does, however, exceed the agreed upon 390 units noted above. C. It could be credited against a maximum MP-133 develop- ment of 1258 units (34 per acre). In this event an additional .6972 acres would be required at time of development. This statement would again require resolution of the Master Plan versus General Plan density issue. Since the General Plan currently permits a range of 10-20 per gross acre, it is very unlikely that development of this magnitude could occur. ' • ' OMemorandum - PauP^Bussey • June 6, 1979 Page Three D. It exceeds the City requirement for a 390 unit develop- ment on 37 acres by 1.824 acres. This statement would not require Master Plan versus General Plan density resolution, but would probably create some legal question as to the disposition of the 1.824 acre excess. E. It should be returned to Occidental Land since it was erroneously dedicated, with a letter stating that the City shows no record of an approved project relating to the dedication and that owners of future projects will be required to meet all City requirements. Conclusion ' ' Options A, B, or Option E appear to offer the most expedient and , clear cut solution to the issue at hand. \ Option A would require a simple statement from the appropriate City authority that the park requirements associated with a 390 unit residential development of the subject site have been met by pre- vious dedication. It should also be noted that in the event that future development exceeds 390 units additional park or public purpose land could be required. It does not appear that any quitclaiming or other transfer would be required to effectuate this option unless either party (Occidental, Lusk or the City) desired rewording of the grant deed. Option B appears to be workable in that it accommodates the now abandoned 390 unit proposal made in 1973, while at the same time limiting development to the maximum intensity anticipated in the General Plan. It appears as though this option could be accomplished administra- tively via a-letter citing "development to an intensity consistent with the General Plan" as justification for the 740 unit maximum development. Again, quitclaims, reconveyances or document amend- ments do not appear to be necessary. Option E is probably the safest solution to this issue. It does not commit the City, or the other parties, to any definitive course of action. However, it does not solve the Occidental-Lusk issue. Recommendation Since it appears at though the original dedication was made in good faith (albeit prematurely) to meet the requirements associated Memorandum - Paul Bussey June 6, 1979 Page Four with a 390 unit residential development, Option A appears to require minimal effort to obtain maximum benefit to all parties involved. Therefore Option A is recommended-as the solution of choice in this matter as conditioned below: (a) The 3.95 acres will meet the parks requirement associated with a maximum development of 390 units on Master Plan parcels 12 and 13. (b) Paragraph (a) does not guarantee approval of any development proposal of any intensity on the subject parcels. (c) In the event that a development proposal is presented and approved in excess of 390 units, additional park land, fees or combination thereof may be required. (d) In the event that less than 390 units are approved on the site (Exhibit B), the City will not be required to credit excess requirements elsewhere nor shall the City be required to relinquish any of the dedication described in Exhibit A. (e) Adoption of this resolution shall in no way limit or preclude the City or other agencies from acquiring additional dedication or easements for purposes other than parks in connection with development of the subject site.