Loading...
HomeMy WebLinkAbout2010-03-09; City Council; 20151; Citizen Presentation Village H PropertyRECOMMENDED ACTION: ClTY OF CARLSBAD - AGENDA BILL rj I 9 To receive a presentation from Walt Meier regarding 3.2 acres of land known as the Village H property. ITEM EXPLANATION: - DEPT. DIRECTOR'J( , CITY ATTORNEY CITY MANAGER AB# 20,151 MTG. 3-9-10 DEPT. CM The City Council provides an opportunity for citizens and organizations to have an item placed on a City Council Agenda by submitting a request to the City Manager. Attached is a request (Exhibit I), from Walt Meier requesting that the City Council receive a presentation relating to the land known as the Village H property. CITIZEN PRESENTATION REGARDING VILLAGE H PROPERTY FISCAL IMPACT: None. EXHIBIT: 1. February 23, 2010 e-mail from Walt Meier. DEPARTMENT CONTACT: Rob Houston (760) 434-2958, rob.houston@carlsbadca.gov FOR ClTY CLERKS USE ONLY. COUNCIL ACTION: APPROVED & CONTINUED TO DATE SPECIFIC DENIED CONTINUED TO DATE UNKNOWN CONTINUED RETURNEDTOSTAFF WITHDRAWN OTHER - SEE MINUTES AMENDED COUNCIL RECEIVED THE PRESENTATION. A*; \ ;:- j 1 1 Sheila Cobian From: Sent: To: Subject: Jasanna Maher [jasannawalt@mac.com] Tuesday, February 23,201 0 4.1 1 PM Sheila Cobian agenda item Sheila, Please list our item on Village H for the agenda of March 9th 2010. Thank you, Walt Meier 7607176814 A /&ha;a, @ C I T Y 0 F CARLSBAD Memorandum Feb. 26,2010 A11 Receive For the Information of the: CITY COUNCIL, To: Lisa Hildabrand, City Manager From: Gary T. Barberio, Community and Economic Directo Via: Sandy Holder, Interim Assistant City Manager Re: Village H - Calavera Hills Background Under the public comments section at the February 16'~ City Council meeting, residents of Carlsbad addressed the City Council regarding the Village H - Calavera Hills property. By way of background information on the Village H property, please find attached to this memorandum a Village H "Fact Sheet", "Chronology", and two site exhibits depicting the location and physical layout of Village H - Calavera Hills. Follow-up to Februarv 16'~ Citv Council Meeting At the February 16'~ City Council meeting, Councilmember Blackburn asked three specific questions, answers to which are provided as follows: Can we condemn? If so, what is the process? What are the pros and cons of doing so? "Eminent domain" (also called "condemnation") is the power of the government to acquire property for "public use" in exchange for payment of "just compensation" to the property owner. The government may exercise its power of eminent domain even if the property owner does not wish to sell the property. The Fifth Amendment of the United States Constitution and Article I, Section 19 of the California Constitution allow private property to be taken by eminent domain only for a "public purpose." However, the term "public purpose" has been interpreted very broadly by the Courts, which have generally required only that a public benefit must result from the project. Some recognized uses for which the power of eminent domain may be exercised include acquiring property to build schools, parks, roads, highways, subways, fire and police stations, public buildings, and the elimination of blight through redevelopment. The "eminent domain" process is lengthy and could involve offers to purchase, appraisals, public hearings, court filings, discovery, jury trials, and court judgments. The general eminent domain process has been summarized in an attachment to this memorandum. Community & Economic Development 1635 Faraday Ave. 1 Carlsbad, CA 92008 1 760-602-2710 1 760 602-8560 fax VILLAGE H - CALAVERA HILLS Feb. 26,2010 Page 3 that the designated area will ever develop with CF uses. The Calavera Hills Master Plan does not contain the minimum ten year requirement provision and therefore requires the development of CF uses. In order to change or eliminate the Village H CF requirement, a Major Master Plan Amendment would be required to relocate the site to another location in the Master Plan. To date no alternative location has been identified. Another option is a Major Master Plan Amendment to eliminate the CF site. This option would need to rely on the provisions of CMC Section 21.25.030 listed above which are not currently included in the Master Plan. At this time it has not been ten years since the final inspections of the first residential phase. The Master Plan has only been approved for 8 years. Another option would be to amend the General Plan and Zoning Ordinance to modify or eliminate the CF requirement citywide. Eliminating the CF designation for Village H would satisfy persons wanting the site to remain as open space, assuming the site is re-designated as open space. However, this action may subject the City to legal action from the property owner or require that the City purchase the property. The City Attorney should be consulted on this matter. The cons of eliminating the CF designation include: 1) Conflict with General Plan and CMC requirements. These requirements exist to ensure that CF uses which benefit the social, religious, and human service needs of the community have an opportunity to locate in the community; 2) Inconsistency with how other Master Plans have been administered. Most developers would prefer not to provide the required CF sites. A Master Plan Amendment was previously processed for a site in the Rancho Carrillo Master Plan to eliminate a site. The amendment was denied by the Planning Commission; and, 3) The Village H site is privately owned. Removing the CF designation and changing it to open space may require that the City purchase the property. If the residents wanted to assess themselves and purchase the property, what are their options? What is the process? A benefit assessment district is a special charge levied on property to pay for public "improvements" that benefit property in a predetermined district. The philosophy behind benefit assessments (also known as special assessments, or assessment ballot proceedings) is to link the cost of public "improvements" to those landowners and properties who specifically benefit from those "improvements". A benefit assessment places an annual levy on property that is receiving a "special benefit" from the assessment. These assessments usually appear on property tax bills. Benefit assessments are usually defined geographically and levied on all properties within a designated benefit assessment district. California has more than 30 benefit assessment acts on the books and California law authorizes local governments to levy special assessments upon property owners in order to VILLAGE H - CALAVERA HILLS FACT SHEET Owner: Thompson Corp. APN: 167-101-19 General Plan Designation: Community Facilities (CF) and Open Space (0s) Zoning: Planned Community (P-C) Calavera Hills Master Plan (MP 139 - Villages H and I) Approximately 60 acres in total - 37 acres north of Carlsbad Village Drive and 24 acres south of the roadway. The northern portion is already included in the Habitat Management Plan (HMP) Hardline Preserve and under a Conservation Easement for open space preservation and management by the Center for Natural Lands Management, funded by a non-wasting endowment. South of Carlsbad Village Drive is a mixture of uses and zoning: 3.2 acre future Community Facilities (CF) site required by the Calavera Hills Master Plan to meet Zoning Ordinance requirement at the time the Master Plan was approved on 111 5/02. Any proposal to remove the CF designation would necessitate the replacement of that land use elsewhere within the Master Plan. 2.3 acre existing Calavera Hills Master HOA RV storage area (note: the RV storage area is within Village I of the Master Plan but a separate legal parcel has yet to be created); = 18.5 acres of Master Plan open space, containing some native habitat, eucalyptus trees, and non-native grasses; Existing Master Plan trail and future Citywide trail. Preservation of the entire southern portion of the property for HMP open space would necessitate confining public access to the future trail alignment along the western edge of the property, removal of non-native invasive species (including many of the eucalyptus trees), and revegetation of the CF site with native plantings. Property was nominated for City acquisition to the Proposition C Open Space Committee by both the previous property owner (Calavera Hills II LLC) and neighbors. Based upon the information received and the approved ranking criteria, the property was ranked 2" in the Open Space Committee list of potential property acquisitions. City Council considered purchase of property under closed session in early 2008 and declined the offer from Calavera Hills II LLC at that time since it would not significantly add additional open space to the City system (over 94 percent of the site is already set aside as open space), a large amount of non-native species CHRONOLOGY OF VILLAGE H February 26,2010 1974 - Calavera Hills Master Plan (MP-150) was adopted. The area within the Master Plan was zoned either Limited Control (L-C) or Residential Agriculture (R-A) prior to the adoption of the Master Plan. After the MP was adopted the area was zoned Planned Community (P- C). What is known as Village H today was divided into two villages, Village I to the north of Carlsbad Village Drive and Village H to the south of Carlsbad Village Drive. The land was still one legal parcel. 1978 - Calavera Hills MP was amended [MP 150 (A)] to allow 33 single family homes over 22 acres (Zoned R-1) on the southern area of Village H and 42 single family homes on the northern area that was called Village I and is now the northern portion of the lot that has a General Plan (GP) Land Use designation of Open Space (0s). 1993 - Calavera Hills MP was amended [MP-150 (G)] to allow only 42 single family homes on 6.8 acres on the entire site. The site was changed from multi-family to single family. The majority of the property is steep slopes. The reasoning was that the single family designation would be more compatible with the slope constraints on the site and would also increase the open space buffer around this site. This amendment changed the GP Land Use designation of the area to the north of Carlsbad Village Drive to Open Space from residential with a public access easement for a pedestrian trail on the property. The owner at the time (McMillin Co.) set up an endowment and arranged for the Center for Natural Lands Management (CNLM) to manage this preserve in perpetuity. 2001 - McMillin Companies & Brookfield Homes (Owner) submitted a Hillside Development Permit (HDP 01-03) to grade the Community Facilities site to create a 2-acre buildable pad, . and a minor subdivision application (MS 01-01) to subdivide the parcel into four separate parcels as stated below. The MS is needed in order for the owner to convey the RV parking lot to the Calavera Hills HOA and the CF site or open space lots to other entities. The RV parking lot area is within Village I of the MP but a separate legal parcel has yet to be created. These permits have not been approved and there has not been any recent activity on the applications by the owners. 2002 - Phase II of the Master Plan triggered the requirement for a Community Facility site(s) and additional spaces at the existing RV storage area within the Calavera Hills Master Planned Community. Due to Phase II the MP was amended [MP-150 (H)] to eliminate 2007 - A workshop was convened on September 19, 2007. ltem #2 was a discussion of Proposition C and other capital projects including their financial implications when implemented. The majority of the discussion was spent on the open space portion of Proposition C including economic and fiscal data. The key points of the meeting were: 1) an operating budget reserve number should be developed; 2) more detailed information on project costs and development of projects is needed; and 3) an outline of what is needed for completion of a trail system. The Mayor and Council requested that the following open space properties be reviewed; Sunny Creek, Manazano, Proposition D lands (South Shore, 48 acres and balance). 2008 - A workshop was convened on February 20, 2008. ltem #3 was a discussion and update on Open Space acquisitions, Open Space Committee reports including update to list of candidate acquisitions. The Mayor asked that staff continue to look for willing sellers and identify properties, other than those acquired from developers, which can link trails. 2008 - The City Council considered purchasing the Village H property at a closed session meeting in early 2008. The city declined the offer from Calavera Hills II LLC (owner) at that time since purchasing the property would not significantly contribute additional acreage to the City's open space system (more than 94 percent of the site is already set GP Land Use designated as Open Space) and a large amount of non-native species removal (including eucalyptus trees) and revegetation with native species would be needed to add to the property to the city's Habitat Management Plan preserve system. In addition, the City would be responsible for the annual ongoing cost for maintenance and management of the open space. 2009 -The Thompson Corporation purchased Village H in April of 2009 and installed a fence around the property. A no trespassing sign and a gate were later installed at the trail head off of Victoria Avenue. A lock was later installed on the gate to prevent the public from using the property. 2009 - Staff gave a presentation of the open space acquisition program report to the City Council at their May 12, 2009 meeting. Staff mentioned that the City Council has previously ruled out purchasing Village H as most of the property is already set aside as open space. Other properties on the Open Space Committee list were discussed. 2009/2010 - City staff met with and are continuing to meet with the new owner to discuss proposed plans for a CF use and public trail on the southern section of Village H. No permits General Steps in an Eminent Domain Proceeding 1. Initial contact by government agency to express interest in the property and'set a scheduling date for appraisal of the property; 2. Appraisal of the property, including improvements, by an agency retained appraiser; 3. An offer to purchase the property is made to the owner, together with summary of the appraisal upon which offer to purchase is made; 4. Notice of a public hearing to adopt a "resolution of necessity" to acquire property by eminent domain; 5. A public hearing is held to adopt the "resolution of necessity" to acquire the property by eminent domain; 6. The eminent domain case is filed in court and served on property owner; 7. A deposit by the agency of the probable amount of just compensation is paid into the court and a request by the agency is made for early possession of the property; 8. Discovery (for example, depositions and document production) takes place in the eminent domain action, and both the property owner and government hire appraisers to determine "fair market value" of the subject property; 9. The property owner and government exchange their respective appraiser's reports; 10. Final settlement cannot be reached, trial of the eminent domain action takes place before a jury whose job it is to determine "fair market value" of the subject property; 11 .The jury returns verdict and judgment is entered; 12.The government pays judgment within 30 days following entry of judgment and title to subject property is transferred to the government by the court. must carry the agency's address or include a self-addressed envelope so that property owners can return their ballots by mail. Public hearing - After local officials hold their public meetings, they must call a public hearing where the benefit assessment plan can be approved or rejeded. Property owners must be notified of the hearing at least 45 days in advance. At the hearing, local officials count the ballots and make them public. Unlike votes cast in elections, votes cast in assessment proceedings are not secret. Ballots are weighted by the amount each property owner is to pay, with those paying more getting a larger share of the vote. In other words, the ballots are weighted in proportion to the amount of benefit each property receives from the benefit assessment. This means that a property owner that receives twice the benefit of another property owner would pay twice the assessment. The property owner paying twice as much would have their vote count twice as much. If the assessment passes, local officials can still modify the plan in response to public comment. However, if substantial modifications are made to the assessment plan upon which landowners cast their vote, a new election may be required. The local agency cannot increase an assessment after the property owners approve it except as provided in the original assessment proposal. Levying assessments - After local officials adopt the assessment plan, they impose the benefit assessment. Most assessment acts allow the agency to begin work on the facilities and services immediately. Assessments appear on a property owner's annual property tax bill. Some assessment plans call for benefit assessments to increase occasionally to keep up with the cost-of-living or as new facilities and services become available. If the plan calls for the benefit assessments to increase according to a formula or range, property owners' bills can increase automatically. However, if local officials want larger increases, they must go through the same procedures: another public meeting, another election, and another public hearing. Calavera Hills -Village H March 9, 2010 Calavera Hills Village H carwad, Qli(bmh m - Calavera Hills -Village H •Owner:Thompson Corp. (04/09) •60 acres total:35.7 ac North & 24.3 ac South of CVD o Northern 35.7 ac-OS/HMP Hardlined/CE/CNLM •GP:Community Facilities (CF) & Open Space (OS) •Zoning: Planned Community (P-C) –Calavara Hills Master Plan –Villages I & H Calavera Hills -Village H Southern 24 ac: •3.2 ac gross/2.04 ac net –CVHMP CF site o CF Uses •3.57 ac -CVHMP RV Storage o 145 RV Spaces •17.45 ac –CVHMP Open Space o Open Space and Public Trail Calavera Hills -Village H What is the CVHMP Community Facility (CF) requirement? •CF Required with 2002 CVHMP Amendment o 3.04 net ac total 1 net ac at Village Y on College Blvd (vacant) 2.04 net ac at Village H on CVD (vacant) Calavera Hills -Village H o Day care (child or senior) o Churches o Youth organizations (B&G Club, YMCA) o Civic associations o Veteran’s organizations o Welfare and charitable services What does Community Facilities (CF) mean? •Uses that benefit the Social/Religious/Human Service needs of the Community as a whole Calavera Hills -Village H History of the issue of Village H as an OS Purchase •2001 –Prop C passed by the voters of Carlsbad •October 2005 –Prop C Open Space and Trails Ad Hoc Citizen’s Committee formed •March 2007 –OS Comm Final Report to CC (Village H ranked No. 2) •September 2007 –CC Workshop on Prop C OS /Trails •February 2008 –CC Workshop on OS Acquisitions Calavera Hills -Village H History of the issue of Village H as an OS Purchase (continued) •Early 2008 –CC considered Prop C OS purchase of Village H (declined) •April 2009 –Thompson Corp purchases Village H •May 2009 –OS Acquisition Program -CC presentation •2009/2010 –City staff negotiates for public trail access on Village H Calavera Hills -Village H What is the City’s position on the purchase Village H for OS? •Would not significantly contribute additional acreage to the City’s OS system o 94% of the site (57 ac) is already GP/Zoned as OS Northern 35.7 ac –already OS/HMP Hardlined/CE/CNLM o Non-native species removal & revegetation needed on Southern 20.65 ac o City would be responsible for annual ongoing costs for Management, Monitoring, and Maintenance to HMP standards Calavera Hills -Village H •Questions? Calavera Hills -Village H (South) Vicinity Map Calavera Hills -Village H (South) Aerial View Trailhead Trail Area PPOORRTTLLAANNDD CCTTHHIILLLLSSBBOORROO CCTT LLEENNOOXX CCTT SSAANNFFOORRDD LLNNBBAANNFFFF CCTT DDUUNNDDEEEE CCTT BB EE NN NNIINN GG TT OO NN CC TT SSAAUUSSAALLIITTOO AAVV GGLLAASSGGOOWW DDRRBBEERRKKEELLEEYY AAVV VVIICCTTOORRIIAA AAVV PPOONNTTII AACC DDRRCCAARRLLSSBBAADD VVIILL LLAA GGEE DDRR EEDDIINNBBUURRGGHH DDRRSSTTAANNFFOORRDD SSTTLLAASSSSEENN LLNNNNAANNTTUUCCKKEETT LLNNKKIIRRKKWWAALLLL AAVVTTAAMMAARRAACCKK AAVVKKIINN GG SSTTOONN SSTT TTIIBBUURROONN AAVV AAVVAALLOONN AAVVHHAAVVEERRHH IILL LL SS TTLLAARR EE DDOO SS TT CCHHAATTHHAAMM RRDD SSHHAASSTTAA PPLLTTUUOOLLUUMMNNEE PPLL Calavera Hills-Village H (South) Trail Head at Victoria Avenue Calavera Hills -Village H(South) Trail Improvements Typical Trail Amenities –Trail Marker –Trail Regulations & Trail Identification Sign –Dog Waste Station –Post and Rail Fencing Other Improvements -Minor grading of trail surface to improve drainage and trail tread -Eucalyptus tree trimming and/or removals Calavera Hills-Village H(South) Trail Improvements-Typical Trail Amenities Trail Marker & Trail Regulations Trail Identification (at trail heads)Pet Waste Station Calavera Hills -Village H(South) Trail Improvements-Typical Post and Rail Fence Existing Village H Trail (north of Carlsbad Village Dr.) Calavera Hills Village H Village H acreage distribution: Open space north of Carlsbad Village Dr.= 35.7 Community Facility site = 3.5 Open space south of Carlsbad Village Dr.= 17.5 Future Village I -RV parking lot = 3.6 60.3 Village H acreage distribution: Open space north of Carlsbad Village Dr.= 35.7 Community Facility site = 3.5 Open space south of Carlsbad Village Dr.= 17.5 Future Village I -RV parking lot = 3.6 60.3 Open Space Committee Ranking 1.South Coast Quarry 175 points 2.Sherman Property (trail) 173 points 2.Calavera Hills Village H 173 points 4.County Airport Property 170 points 5.Kato Property 168 points 5.Mandana Property 168 points 5.CUSD High School Site 168 points 8.Lubliner Property (trail) 156 points 9.Rancho Carlsbad Property 146 points 10.Mitsuuchi Property 145 points 11.Murphy Property 143 points 12.Poinsettia Vernal Pools 102 points 13.Brodiaea Preserve 82 points Open Space and Trails Committee property ranking: 1.Land that contains certain plant and animal species of special interest 2.Land that easily connects to other preserve areas 3.Land that serves both open space and trail purposes 4.Land that provides trail linkages 5.Native habitat 6.Land that meets multiple open space priorities 7.Land within or adjacent to the HMP Focus Planning Area and preserve 8.Land with HMP priority habitat type (e.g.wetlands,riparian) 9.Archeological,cultural paleontological resources 10.Scenic connectivity 11.Prospects for improving stream and lagoon water quality 12.Land that doesn't need habitat restoration 13.Land that possesses other unique or special circumstances Village H acreage distribution: Open space north of Carlsbad Village Dr.= 35.7 Community Facility site = 3.5 Open space south of Carlsbad Village Dr.= 17.5 Future Village I -RV parking lot = 3.6 60.3 Recent Sales History of Village H 1. Cypress Valley, LLC quitclaimed to Calavera Hills, LLC in 1998 for no consideration (no money paid) 2. Calavera Hills, LLC transferred to Brookfield Tamarack, LLC in 2003 for less than $500 (evidenced by the documentary transfer tax of 55 cents). Confirmed with the non-disclosure Dept. of County of San Diego. 3. Brookfield Tamarack, LLC sold to Thompson Corp. April 1, 2009 for $31 5K. 4. Thompson Corp. listed Village H for $3,950,000 on Sept. 30, 2009. City reasons for not buying Village H 1. 94% is already zoned as open space 2. If the CF site is not built in Village H, it would have to be built elsewhere in the community 3. Waste of taxpayer money Carlsbad Municipal Code 21.25.010 -Intent and purpose.The intent and purpose of the C-F, community facilities, zone is: (1)To ensure that all master plans and residential specific plans (i.e., specific plans which include residential units)reserve community facilities sites of adequate size for uses which benefit the community as a whole by satisfying social/religious/human service needs Community Facility Zone 21.25.040 Uses Permitted (Table A) In the table,below,subject to all applicable permitting and development requirements of the municipal code: "CUP"indicates that the use is permitted with approval of 1 =Administrative hearing process a conditional use permit.2 =Planning commission hearing process "Acc"indicates the use is permitted as an accessory use.3 =City council hearing process "P"indicates the use is permitted. P CUP Acc 2 3 2 2 x 2 2 2 2 2 x 1 3 2 2 1/2 2 Carlsbad Municipal Code Community Facility Zone 21.25.060 -Limitations on permitted uses.(1)All uses shall be conducted wholly within a building except such uses as athletic fields, outdoor play areas, and other uses customarily conducted in the open. City reasons for not buying Village H 1. 94% is zoned as open space 2. If the CF site is not built in Village H, it would have to be built elsewhere in the community 3. Waste of taxpayer money