HomeMy WebLinkAbout1979-08-07; City Council; 5921-1; CLARIFICATION OF OCCIDENTAL LAND PARKS DEDICATION RELATIVE TO MP-133m 9 r..
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CITY OF CARLSBAD
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Initial AGENDA BILL NO: Dept. Hd.
DATE : August 7, 1979 Cky. A'cty
Ctye MgX- Planning/Redevelopment J DEPARTEENT :
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.I - SUBJECT: CLARIFICATION OF OCCIDENTAL LAND PARKS DEDICATION RELATIVE TO MP-133
Statement of the Matter
At its meeting of July 17, 1979, Council directed staff to return with
appropriate resolutions and agreement which would invoke the alternati
parks procedure contained in 70.44.110 of the Carlsbad Municipal Code and c1arif.y the status of a 3.95 acre dedication which occurred in Aug
* Of.1973.
Staff has completed this task and gffers the attached resolutions fo.r
.'Council consideration. One resolution simply makes findings necessary
to invoke the "alternative parks procedure", while the other appr.oves
attached agreement presented to clarify the 3,95 acre dedication assoc with two parcels of land between Carlsbad Boulevard and the ATS&F rail
. tracks.
. EXHIBITS' e
Resolution ssyL/ Resolution. A-F73-'Approving an agreement between the City and Invoking Section 20 -44. iS0 of the Municipal Code.
Occidental Land Inc.
R~COMMENDAT I ON
If Council. concurs with the content'of.the attached documents it shoul
by proper motion adopt the attached re3olutio:ns.
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Council Action:
8-7-79 Council adopted Resolution 5874, invoking Section 20.44.110 the Municipal Code, and adopted Resolution 5875, approving 21 agreement with Occidental Land, Inc.
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RESOZUTION TiO, -_-I 5874
RESOZUTION OF THE CITY C@llNCIL OF THE CITY OF I CARLSBAD CLARIFYING OCCIDENTAL PAX LAND
8') CODE SECTION 20.44.110 I
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'7 6, 1979; and
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WHEREAS, said Master Plan envisioned centralized park i
other required public facilities; and
WHEREAS, subsequent to adoption of EIP-133, Carlsbad MLII
Code Section 20.44.110(4) was created to permit dedication (
park land outside of individual subdivisions subject to the
inclusion of such provisions within an adopted Master Plan;
WHEREAS, the pzrks grovisions of MP-133 originaily env:
a procedure similar to the "alternative procedure'' as conta
in Carlsbad Municipal Code Section 20.44.110 (4) as witnesse
the following:
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la), Item E, paragraph 2, of staf'f report dated 11/19/69 st
I"?'he master plan also desigmtes the general location of sc
park and fire station sites . . e
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Memo from Parks and Recreation Commission to Planning
ib) 'mission dated November 14, 1969, stating that it viewed "wl
pleasure the joint school park and . . . nspects as indica1
plans presented by the Planning Department."
c) Planning Commission resclution 994, dated Novcnber 13
6$ated, in condition X1, line 29, that "Prior to the reccrc
'of the fj.na.1 map, lots 100 and 101, minus the previously dc
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and school purpgses. Future developent in the remainder of
property considered under the apprcvcd Occidental Master Plar!
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these two lots."
City Council resolution 3503 dated September 3, 1974, cc
1, line 25, carried the Planning Commisson intent forward by Id)
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7icTarifying that lot 1OC would be dedicated to Carlsbad Unifi.1
School District and that lot 101 would be dedicated -LC the C
Carlsbad prior to permit issuance.
NOW, THEREFORE7 BE IT RESOLVED by the City Council of t
City of Carlsbad as follows:
Based upon the recitals set forth above it is found tha
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!anticipated a process essentially the'same as that in Munici
]Code Section 20.44.110f4) "alternative procedure" and that t I
provisions of said section are hereby explicitly applied to
future development taking place under the terms and conditic
of MP-133 and associated documents.
PASSED, APPROVED AND ADOPTED at a meeting of the City (
/on the 7th day of August , 1979, by the followi;
vote, to wit:
AYES : Councilmen Packard, Lewis, Anear and
NOES : Councilman Skotnicki
ABSENT: None
Counci lwonan Casler
fl&(d&:ki mu- RONALD C. PACKARD, Mayoi
ATTEST:
&&&&FA ALETIIA L. RAUTENKR,2NZ, City C (SEAL)
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RESOLUTION NO. 587 5
A RESOLUTION CP THE CITY COUNCIL OF’ THE CiTY OF
CARLSBAD, CALIFORNIA A~PROVING AN AGREEMENT BE-
TWEEN THE CITY 03’ CARLSEAD AND OCCIDENTAL LAND INC:ORPORATED REGARD 114 G PPSZK 3ED I CAT I Oi v . ASSOCIATED
WITH DEVELOPMENT PARCELS 12 AND -___ 3.3 OF MP-1-33.
The City’Council of the City of Cmlsbad does hereby re
as fo3Lows:
l. That, that certain interin parks agreement between
City of Carlsbad and Occidental Land Incorpcrahed, a copy of
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12 2. That the Mayor of the City of Carlsbad j-s hereby
by reference, Fs hereby approved.
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1 behalf of the City of Carlsbad.
PASSED, APPROVED AND ADOPTED at a regular meeting of tl
City Council of the City of Carlsbad, California, held on t3
7th day of Auqust 1979, by the following vote, to
AYES : Councilmen Packard, Anear, Lewis and
Councilwoman Casler
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ABSENT: None
J$2zA($-?&zz:&/ -
RONALD C. FACKARD, 15ayor
ATTEST: a&&\. 2AAJ4dMa ALIZTI-IA L. RAUTENKRANZ, City Cler 2- 1 26
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(seal)
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0 e c1 AG REENEMT -
This 2::r.ntcrj-m Parks Agresnent made this day
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a municipal corpomtion uniier the 1.c7.w~ of the State of Cali
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(hereinafter called "City': j acd- OCCIDEITUiL ilANn, INC. , a
corporation, (hereinafter calLed Occidental) *
WITNESSETH :
bJf-IEREAS, Occidental deeded 3.35 acres of land, cwreri
'knoim as Assessor's Parcel 214-L71-23 to the City of Carls
August 6, 1973, and
WKEiiEAS , said dedication was made in conjunction wj-th
applicati.on for tentative map nuinher 73-23 covering parcel
md 13 of &stex Plan 133 aJso known as Assessor's Parcels
numbers 214-I-SC-17 and 2f4-i5O-18, respectively,
NOW, TIIEPXEFOIIE, in consideration of the mutual. proxlj-s
and obligations of the parties it is agreed as fCll0WS: t:
the 3.95 acre site (Exhibit A) is. hereby found to meet the
requirement associated with developnent of APN 214-150-17
214-150-28, Master Plan Parcels 12 and 13 and shown on Exh
as conditioned below.
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(a) Of the 3.95.. acres, 2.126 will meet the parks re?
incnt associated wikh a inaxhum development of 390 units OY
Plan parcels 22 and 13. The remaining 1.8'24 acres is dedi
toward mee%ing other public purpose requirements includinc
not Limited to fire station sites, open space, or such otl
purpose as determined by the City.
(b) Paragraph (a) does not guarantee approval of an]
development proposal of any intensity on the subject parct
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(c) In the event that a dcvc:I.oy:ment proposal is pres
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I required to relinquish any of the dedication described in
ExhZbL-1: A.
(e) Execution of this agreement shall in no way 3.irnj i preclude th? City cr other agencies from acquiring additic
I dedic3tio;i or easements for purposes other than parks in c
tion vii‘ch development of the subject site.
CITY OF CARLSBAD
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By-- ____--- RONALD C e PACKXZI , i%pi
ATTEST:
I_- ~LETIIA ?X’clTENK1IUNZ, City Clerk
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OCC I DEWTXL LAND IRCORP ORATEI I
By_--
APPROVED AS TO FONyl: APPROVE13 AS TO FORM: I I
-- Vinccnt F. Uiondo, Jr. Legal CouiisEl
City Attorney
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AGREEMENT
This Interim Parks Agreement made this 3 d+J day
flu~~~r , 1979, by and between the CITY OF CARL
a municipal corporation under the laws of the State af Cal
(hereinafter called "City") and OCCIDENTAL LAND INC., a
corporation (hereinafter called Occidental 1.
WITNESSETH:
WHEREAS, Occidental deeded 3.95 acres of land, curre'
known as Assessor's Parcel 214-171-23 to the City 0-F Carls
August 6, '1973, and
WHEREAS, said dedication was made in conjunction wit1
application for tentative map number 73-74 covering parcel:
and 13 of Master Plan 133 also known as Assessor's Parcels
numbers 274-150-17 and 214-150-18, respectively.
NOW, THEREFORE, in consideration of the mutual promi:
and obligations of the parties it is agreed as follows: tt
the 3.95 acre site (Exhibit A) is hereby found to meet the 1 requirement associated with development of APN 214-150-17 P
I 214-150-18, Master Plan Parcels 12 and 13 and shown on Exhi 1 as conditioned below. I (a) Of the 3.95 acresg 2.926 will meet the parks req
ment associated with a maximum development of 390 units on
Plan parcels 12 and 13. The remaining '1.824 acres is dedic
toward meeting other public purpose requirements including,
not limited to fire station sites, open space, or such othe
purpose as determined by the City.
(b) Paragraph (a) does not guarantee approval of any
development Proposal of any intensit] on the subject parcels
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