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HomeMy WebLinkAbout1994-06-14; City Council; 12738; Carrillo Ranch Parks AgreementCIT’& OF CARLSBAD - AGENW @ILL ~~~ (g> fi B E % . . g 2 6 f 8 CARRILLO RANCH PARKS RECOMMENDED ACTION: Adopt Resolution No. 9(f-I’( authorizing the Mayor to execute an agreement to accept the parkland dedication and approve additional terms and conditions as described in the attached parks agreement for the City of Carlsbad MP139 (E) Ranch0 Carrillo Master Plan. ITEM EXPLANATION: In anticipation of the processing of tentative tract’maps subsequent to the City Council’s approval of the Ranch0 Carrillo Master Plan, staff is submitting the Carrillo Ranch Parks Agreement for Council approval. According to the Planned Community Zone Ordinance, the developers of master plans are required to enter into an agreement with the City for dedication of parkland prior to the adoption of the first final map within the Master Plan. The attached parks agreement and prescribed parkland dedication comes as a result of considerable input and preparation by the Carrillo Ranch Subcommittee consisting of representation from City staff, numerous City boards and commissions and citizen groups. With the exception of two (2) items, the attached agreement was reviewed and unanimously approved by the Parks and Recreation Commission during the February 15, 1993 meeting. Subsequent to the July 27, 1993 meeting, during which the Ranch0 Carrillo Master Plan was approved, the City Council required that wording be added to the attached agreement which gives the City first right of refusal to purchase the school site if it is not utilized by the San Marcos Unified School District, and to reassign the names of two (2) streets within the Master Plan in order to have the primary access to the park site originate from Carrillo Way. With the exception of those two (2) changes which have been incorporated into the Master Plan and the attached agreement, this parks agreement remains the same as what was previously approved by the Parks and Recreation Commission and what was considered by Council during the Ranch0 Carrillo Master Plan Review. In essence, the owners of the Ranch0 Carrillo Master Plan have offered to dedicate 16.4 acres of land (9.4 ac. unconstrained and 7 ac. constrained) free and clear of any liens. The land being offered for dedication is adjacent to the existing 10.5 acre park site, resulting in a total community park site of 26.9 acres. The existing site and new parkland dedication is shown on Exhibit A of the attached parks agreement. In staffs’ opinion additional issues related to access, utilities, security, maintenance periods, and easements are adequately addressed in the agreement. Therefore, if Council concurs it is staffs’ recommendation that Council adopt Resolution No. approving the Carrillo Ranch Parks Agreement as required of the Ranch0 Carrillo Master Plan (MP139 (E)). PAGE 2, AB #_i_a~-~ ’ - FISCAL IMPACT: No fiscal impact will occur at this time as a result of approval of the Parks Agreement. Although $2 million is currently identified in the Capital Improvement Program (CIP) Budget between the years 1996-2003, the exact cost of developing the Carrillo Ranch Community Park will be determined when the City creates a detailed development plan for this park. Funding for planning purposes is currently identified in the 1993-94 CIP Budget to become available during Fiscal Year 1994-95. EXHIBITS: 1. Resolution No ?q- / b 1 *- ‘ty of Carlsbad August 8, 1994 Mike Howes Hofman Planning Associates RE: PARKS AGREEMENT FOR RANCH0 CARRILLO MASTER PLAN - MP-139(E) Enclosed is the original Parks Agreement for the Ranch0 Carrillo Master Plan, which was approved by the City Council on June 14, 1994. Before we will be able to have the agreement recorded, all siqnatures of the property owners must be notarized. This includes the signatures on "Exhibit B", the dwelling unit credit allocation. Also, please note that all oarties to "Exhibit B" need to siqn the document. . As we discussed, please have this accomplished as soon as possible, and please give us a call if you have any questions. Thanks for your assistance in this matter. Assistant City Clerk Enc. (NOTE: Document to be picked up by Mike Howes) 1200 Carlsbad Village Drive - Carlsbad, California 92008-I 989 - (619) 434-2808 @ 1 2 3 4 5 6 7 8 9 30 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 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 2,09 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. 2 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. 4 8 - - 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 5 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 Page 1 of 2 II 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 Page 2 of 2 FRIENDS OF t.-‘,RRILLO RANCH, INC. - a * 2622 El Agulh bna, Carl&ad, CA 92009 0 610/43&l 666 COMMENTS TO CITY COUNCIL - 6/14/94 RE: CARRILLO RANCH PARKS AGREEMENT Mayor Lewis, Members of Council, Staff. My name is Alan Kindle, 2622 El Aguila Lane, Carlsbad. 1 am representing the Friends of Carrillo Ranch, Incorporated. We have some concerns about the Carrillo Ranch Parks Agreement we would like to share with you. ITEM ONE: The Fiscal Impact statement on page 2 of the Agenda Bill is misleading because it conflicts with the preliminary 94/95 to Buildout C.I.P. budget being presented to you later tonight. Contrary to the Agenda Bill, the proposed construction funding for Carrillo Ranch has been pushed back again - this time to the 1999 - 2004 period. Obviously, we find this very disappointing since no one is going to take the Ranch seriously based on such a timetable. The absence of a Master Plan for the park site has been a major impediment to sensible planning for the development surrounding it. Contrary to the Agenda Bill, the initial Master Plan money is proposed to be delayed again - by another year - to 95196. A 501 (c)(3) California Educational Corporation We can’t havL It both ways. Either the AgLIda Bill or the C.I.P. budget should be changed. We recommend that you revise the new budget and keep the existing funding schedule intact. We will be here next week at the Public Hearing to reiterate this request. ITEM TWO: We do not believe the city should quitclaim its current easement rights from Palomar Airport Road until a new access to the historic structures zone is fully in place. Paragraph 2 on page 4 of the Agreement should be rewritten to strengthen the city’s hand in this regard. The present language (quote) “Upon or prior to commencement ofphysical development...” (unquote) is much too liberal. ITEM THREE: The map shown as “Exhibit A” - which will receive general circulation - is not adequate for public information purposes. The Agreement, page three, first paragraph, refers to a cul-de-sac leading to an entranceway passing over private property. The necessity of an easement is not clearly delineated and we urge that the map be redrawn to avoid any future misconceptions. You want to be sure that what we see is what we get. ITEM FOUR: Throughout many months of meetings and four 2 ~ r . Public Hearings on Ile Ranch0 Carrillo Master byn, we were assured there was a time limit on how long the San Marcos Unified School District could tie up a critical 12-acre site immediately north of the Ranch. To make certain we understood this issue in detail, we asked for formal clarification. We were advised that the deadline for the property owners and the school district to reach an agreement confirming the site and establishing the terms of the acquisition is July 27, 1996. We believe it is absolutely imperative that this “date certain” be made part of the Parks Agreement. This property holds great potential as additional parkland and would preserve the original historic gateway to the Ranch - far superior to the awkward backdoor access we now face. Thus, it is extremely important that the resolution of its future not be allowed to drag on forever at the will of the school district. Thank you and good evening.