HomeMy WebLinkAbout1988-09-19; Parks & Recreation Commission; 988-5; Pacific Rim Park DedicationPARK & RECREATION COMMISSION - AGENDA BILL
AR« 988-5
MTG 9/19/88
OPPT P & R
TITLE:
PACIFIC RIM PARK DEDICATION
DEPT. HD.
CITY ATTY
CITY MGR.
RECOMMENDED ACTION:
Review staff reports, make recommendations as to the
suitability of Pacific Rim's proposed Parkland Dedication.
ITEM EXPLANATION:
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Upon staff review of the Environmental Analysis Report on the
24.25 acre park site offered for dedication by Pacific Rim,
it has been determined that 6.5 acres of the site is
constrained in terms of park development. The 6.5 acres of
sloping terrain represents a 27% undevelopable ratio and
provides a total of 17.75 acres which can be developed for
park use.
Staff reports, and communication with Pacific Rim
representatives clearly identify Parks and Recreation
Commission "Conceptual Approval" of the proposed park site
pending environmental review. In light of the information
revealed in the Environmental Analysis, the Commission is
requested to make a recommendation as to the suitability of
the proposed park site to fulfill Pacific Rim's Park
Dedication requirement.
1. Letter - Marty Orenyak to Larry Clemens (Pacific Rim)
2 . Memo - Phil Carter to Marty Orenyak
3 . Memo - David Bradstreet to Marty Orenyak
4 . Letter - Larry Clemens to Marty Orenyak
5. Letter - Phil Carter to Paul Klukas (Pacific Rim)
2075 LAS PALMAS DRIVE *>O/ JM TELEPHONE
CARLSBAD, CA 92009-4859 WE&&M (619)438-1161
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Citp of Cartebab
COMMUNITY DEVELOPMENT
September 1, 1988
Mr. Larry Clemens
7707 El Camino Real
Carlsbad, CA 92009
Attached for your review are memos sent to me in response to comments that were
made in your letter of August 18, 1988 regarding the proposed Zone 19 Park Site.
The comments and issues identified in your most recent correspondence are more
than adequately addressed in these memos, and are a true reflection of what the
City Manager, Planning Director and myself have understood the Park requirement
is on your project.
In my opinion, no useful purpose could be served by continuing efforts to resolve
the basic disagreements between your firm and City staff as outlined in your
letter of August 18, 1988. The basic differences of intent regarding the Parks
requirement as a condition of your Master Plan approvals, clearly can only be
resolved through intervention of the City's Policy makers. Therefore, I will
be scheduling this item to go before the Parks and Recreation Commission at their
earliest convenience, so that they may provide input and recommendations to be
forwarded to the City Council.
If you have any questions regarding this letter or any information attached,
please do not hesitate to contact me, the Parks and Recreation Director or the
Assistant to the City Manager. Staff will be contacting you as soon as this item
has been scheduled before the Parks and Recreation Commission.
ORENYAK
Community Development Director
c: City Manager
City Attorney
Assistant City Manager
Assistant to the City Manager
Planning Director
Parks and Recreation Director
SEPTEMBER 1, 1988
TO: MARTY ORENYAK, COMMUNITY DEVELOPMENT DIRECTOR
FROM: ASSISTANT TO THE CITY MANAGER
RESPONSE TO LARRY CLEMENS AUGUST 18, 1988 LETTER REGARDING THE PROPOSED ZONE 19
PARK SITE
Per your request, I have reviewed Mr. Clemen's letter of August 18, 1988
concerning the proposed Park site in Zone 19. Attached for your information is
the letter Mr. Clemens references which was sent to Paul Klukas on August 3,
1988. This letter detailed staff's review of the initial park planning which
has been done in Zone 19.
The August 3rd letter indicated that the City will not be accepting undevelopable
park land as is proposed by Hillman Properties. The City has made it clear all
along to Mr. Clemens, as well as a number of their consultants, that non-usable,
non-developable land would not be accepted for park land dedication purposes.
The dedication of the proposed 24.25 acres would include 6.5 acres or 27% of
the total dedication which is unusable for active or passive recreational
purposes. It is obvious from the City's park land dedication standards and from
the Park performance standard contained in the Growth Management Program that
the City will not accept park land which can not be developed for park purposes.
This has been clarified over and over to Mr. Clemens and I am surprised at this
late date that he is still debating this issue.
It should also be clarified that park land dedication is not a specific
requirement of the City's Growth Management Program. However, as part of the
City's Master Plan requirement, developers must dedicate all park land with the
approval of their first final map. Mr. Clemens has gone to great lengths to
explain each of the park requirements contained in the Local Facilities
Management Plans for those zones within the Southwest Quadrant or Park District
3; however, these conditions do not relate specifically to the issue of how park
land is required to be dedicated. It also neglects to address the real issue,
which is the need for developable park land. Therefore, the information derived
from his analysis is not meaningful or accurate.
It is also evident from the tone of Mr. Clemens' letter that we could continue
to write letters back and forth, but this would not bring us any closer to
resolving this very important issue. Therefore, it would be my recommendation
that we schedule this item to go before the Parks and Recreation Commission so
that they may provide their input and recommendations so a decision may be made
by the City Council.
If you have any questions or need additional information regarding this item,
please contact me.
PHILIP 0. CARTER
bjn
c: Zone 19 File
Brian Hunter
August 26, 1988
TO: MARTY ORENYAK, COMMUNITY DEVELOPMENT DIRECTOR
FROM: DAVID BRADSTREET, PARKS AND RECREATION DIRECTOR
PACIFIC RIM PARK DEDICATION REQUIREMENT
In response to the letter sent to you by Mr. Clemens of Pacific
Rim regarding the acceptability of the proposed 24.25 acre park
site in Zone 19, I have attached a number of memos (Exhibit Al-
A5) in which staff has clearly outlined the dedication process.
In addition, I have also included conditions pertaining to the
Pacific Rim Master Plan, and staff's evaluation of the previous
"conceptually approved" park site which has subsequently been
determined to contain 6.5 acres of environmentally constrained
land in terms of park development (Exhibit A6).
It appears Pacific Rim representatives have misconceptions
concerning the City's process and guidelines pertaining to the
dedication of developable park land as outlined in Ordinance 9838
Exhibit B). The major emphasis of this ordinance is to insure
the dedication of unconstrained, developable park land and that
an environmental analysis be completed prior to final acceptance
by the City.
In addressing Mr. Clemen's August 18, 1988 letter (Exhibit C), I
would like to respond to the five (5) points he has stated which
constitute his belief that the City has "unanimously" accepted
the park site as identified in the Master Plan.
Point 1:
While it is partially correct that the Park has been
located in the same position within the Master Plan
since 1985, the park boundaries have been modified by
Pacific Rim and the total park acreage has been reduced
due to density reductions within their development.
Density projections in early 1986 indicated a park
dedication requirement of approximately 30 acres and
the initial park boundaries were identified (Exhibit D,
Area 33). Further density reductions in 1987 reduced
their park dedication requirement to 24.25 acres. This
Marty orenyak
August 26, 1988
Page 2
resulted in Pacific Rim modifying the park boundaries
by eliminating 5.75 acres of developable park land
(Exhibit E, Area 32b). Although the Master Plan was
approved in December 1987 (based on preliminary
environmental analysis) their required environmental
report was not received nor reviewed by City staff
prior to adoption. Subsequent review of this document
revealed that in fact 6.5 acres of the proposed park
site are constrained by slopes which are not acceptable
nor conducive to functional park development. Of the
initial 30 acre park site, 6.5 acres of constrained
land represented a twenty-two (22%) percent
undevelopable ratio. The reduced version of the 24.25
acre park site, with 6.5 acres of constrained land,
represents a twenty-seven (27%) percent undevelopable
ratio or a total of only 17.75 acres of developable
park land (Exhibit F).
The Growth Management Program as well as the Parks and
Recreation Element guidelines state park land
dedications are currently subject to more stringent
conditions than were once allowed and that dedicated
park land must be developable (Exhibit G1-G2).
Points 2&3:
The Parks and Recreation Director and the Commission
Sub-Committee did tour the proposed park site on April
9, 1986. As a result of that tour the recommendation
to the Commission was to accept the park land
dedication (Area 32) "in concept" only. Memos to and
from Pacific Rim (Exhibit HI & H2), clearly identify
"conceptual approval" of the 30 acre park site pending
analysis of the land for possible development
constraints, prior to recommending to the City Council
for final approval.
Points 4&5:
According to the Planning Director, the Planning
Commission and the City Council did approve the Pacific
Rim Master Plan. However, conditions to that approval
clearly state that if the proposed park site had any
environmental constraints, the City may reject area 32
and opt for a more suitable park site within the Master
Plan (Exhibit J).
Marty Orenyak
August 26, 1988
Page 3
The last point I would like to clarify is the distinction between
active and passive areas. Active is self explanatory, passive
areas in our park design are zones that include quite game,
picnic, rest and shade areas that can be used by people. They
are not considered to be undevelopable land areas that fall under
the open space category and will not be counted to meet our park
standards.
Summary
There is no doubt that Pacific Rim representatives have been very
cooperative in the dedication of this important park parcel. If
you feel that we are placing an unreasonable demand on Hillman
that should be reconsidered, then we need to discuss this issue
further. However, if you have determined after reading this
report that part of the park parcel being offered for dedication
is unusable, and that the City has implemented policies that
prohibit developers from dedicating undevelopable land, such as
Stagecoach, Calavera Hills, Larwin and Alta Mira, then we must
support Mr. Carter's, August 3, 1988 memo that states the City is
not willing to accept the undevelopable constrained land for park
purposes.
DB:pa
Exhibits:
c: Frank Mannen, Assistant City Manager
Mike Holzmiller, Planning Director
Phil Carter, Assistant to the City Manager
Lloyd Hubbs, city Engineer
Jim Elliott, Finance Director
THE PACIFIC KIM (. OI.INTKY CI.IIH AND KP.SOKT
August 18, 1988
Mr. Marty Orenyak
Director of Community Planning
City of Carlsbad
2075 Las Palmas Drive
Carlsbad, CA 92009
Subject: The Pacific Rim Country Club and Resort
Zone 19 Park Site
Dear Marty:
I have recently received Phil Carter's letter dated August 3, 1988
regarding the proposed Zone 19 Park Site.
To my dismay, Mr. Carter is questioning the acceptability of the City
Council approved Zone 19 Park Site within the Pacific Rim Country Club
and Resort. It is particuarly surprising that Hillman's park dedication
is now subject to question and suggested change when considering:
(1) The Park Site has been located in the same position within the
Master Plan since 1985;
(2) The Director of Parks and members of the Park Commission
visited the site (with survey stakes in place indicating
boundaries) and subsequently approved the site;
(3) City staff recommended the Park Site for approval;
(4) The Planning Commission unanimously approved the Master Plan
including the Park Site; and
(5) The City Council unanimously approved the Master Plan including
the Park Site.
As you know, considerable time was spent by staff discussing the Park
Site, Zone 19 growth management provisions relative to parks, and
conditions of the Master Plan.
Contrary to Mr. Carter's statement that it was staff's understanding
"that Planning Area 32 (PAS2) contained 24.25 acres of developable
land...", all preliminary analysis and final approvals acknowledged
slopes on the north and west boundaries. In fact, pages 193-194 of the
Master Plan identify the slopes within the approved park with a special
note "to be preserved."
7707 El. CAMINO KFAI. • (.'ARLSHAP. CAI.IPOKNIA O200<> • I tl.ECOIMHR 6|O..|.V>-f,8.v> • 6l°-li6-CM07
Mr. Marty Orenyak
August 18, 1988
Page two
It was always intended by both staff and property owners, that the park
usage would be both active and passive, and would only disregard those
areas that were subsequently determined not developable as either active
or passive, as a result of: soils conditions, environmental, or toxic
findings. The Master Plan condition No. 31 (page 24c) stipulates that
the property owner must conduct biological, soils, toxic waste,
archaeological, and any other environmental reports necessary, to
identify if any environmental or prohibiting circumstances are present
(which were unknown at the time that the City Council approved the
site), which would preclude its developing as a park. All of the above
mentioned studies have been completed and NO new circumstances were
introduced that would preclude the park from being developed. The park
acreage, shown and approved on the Master Plan, can be developed exactly
as studied by staff and approved by City Council. The slopes shown in
the park acreage are not new information recently discovered. The
slopes were clearly identified on the approved Master Plan, the
development plan graphic, and in all discussions regarding the park.
The slopes were known and acknowledged by Planning, Engineering, and
Parks Department prior to the City Council approval.
It was always contemplated that the 4.1 acre of slopes (17% of the park
site) would be designed for passive use (i.e., trails, picnic areas,
scenic views). The area compliments the active areas with commanding
ocean and backcountry views. Hillman believes that an extraordinary
passive plan can be developed for this area.
It should also be noted and remembered that Hillman Properties is
dedicating all acreage for maximum potential buildout of the entire
Local Facilities Management Zone 19 (including neighboring properties).
No other zone, to date, has been required to do this. Even though
buildout of the zone may be 25 or more years in the future, the City
receives the entire acreage up-front. Also, the City required Hillman
to reserve 5.75 acres of property adjoining the park for seven years in
case the City should desire to purchase additional park acreage, and to
fund improvement of fifteen acres at a cost of 1.725 million. Nearly
the entire burden of parkland dedication for Park District 3 has been
placed upon Zone 19 (Hillman). Please examine the following park
requirement by zone:
ZONE 19 . 24.25 Acres Dedication
ZONE 19 5.75 Acres Reserve
Zone 9 10.0 Acres Dedication
Zone 20 5.0 Acres Dedication
Zone 22 5.0 Acres Dedication
Zone 3 0 Acres No Dedication
Zone 6 0 Acres No Dedication
I I IK PACIFIC RIM COUNTRY CI.UH AND KESOKT
Mr. Marty Orenyak
August 18, 1988
Page three
Hillman Properities feels strongly that we have properly met the intent
of the imposed condition of the Master Plan and Local Facilities
Management Plan (Zone 19); that the identified slopes within the
approved park ares were known, studied, and approved by staff and
Council as potential passive components of the 24.25 acre park site;
and that the required additional tests of the park site (to verify that
no unknown circumstances would prevent the approved sites use) were
performed and the site as approved was found acceptable (documentation
has been submitted to your staff).
A schematic layout of the park site has been submitted to the City for
approval which includes:
2 Baseball /Soccer Fields
1 Little League Baseball Field
10 Tennis Courts
3 Basketball Courts
Recreation Building
Shuffleboard/ Horseshoe areas
Shade Structures
Tot Lots
Picnic Areas
Oceanview Lookouts
Parking (225 spaces)
The additional plan information requested in Mr. Carter's letter will be
sent immediately.
Marty, as you know, Pacific Rim has gone the "extra mile" with
everything we have done and have always acted in good faith with the
City. The City must also act fairly and acknowledge the Master Plan and
therefore the park site, as approved. The provision for additional park
land purchase was agreed to while conditioning the Master Plan, but it
is not available as an additional exaction after the fact, simply
because a staff member changed his mind.
Mr. Marty Orenyak
August 18, 1988
Page four
I feel certain that if you and your staff will spend time with me and my
professional consultants we can work together to develop a superior park
site with the approved park acreage.
At your earliest convenience, I would enjoy meeting with you to solve
this issue.
I look forward to hearing from you.
Sincerely,
D.L. Clemens
Vice President/General Manager
DLC/lad
cc: Ray Patchett
Phil Carter
Dave Bradstreet
Ted Hoover
Michael Chase
Jack Hartung
Chris Neils
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2075 LAS PALMAS DRIVE E^WjM TELEPHONE
CARLSBAD, CA 92009-4869 WQL^V (619)438-1161
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PLANNING DEPARTMENT
August 3, 1988
Mr. Paul Klukas
Hillman Properties
7707 El Camino Real
Carlsbad, California 92008
RE: CONCEPTUAL
PROPOSED ZONE 19 PARK SITE
Dear Paul:
City staff (Parks, Planning, Growth Management, and Engineering)
have completed an in-house review of your Conceptual Park Plan
and Environmental Analysis for the proposed Zone 19 park site.
Overall, we feel that your preliminary conceptual park plan is
well designed, incorporating a number of desirable park amenities
that are consistent with Carlsbad's development standards for
community parks. However, the City is not willing to accept that
portion of Planning Area 32 (6.5 acres of environmentally
constrained undevelopable acreage) for park purposes.
It is important to understand that in accordance with the
provisions of Growth Management, environmentally constrained
acreage must be maintained as open space and may not even be
counted for passive park use. More specifically, as discussed
within the Master Plan (page 24c), "If it is found that the
proposed park has major environmental constraints or cannot
physically accommodate park use needed by the City, then the city
may reject Planning Area 32 and opt for a more suitable site
within the Master Plan Area."
With regard to this Master Plan provision, staff recommends that
the Conceptual Park Plan submitted for the developable portion of
Planning Area 32 (17.75 usable acres) be expanded to incorporate
the 5.75 acre Park Reserve (Planning Area 32a) . As you recall,
the 5.75 acre park reserve had originally been set aside to be
used if needed in the future. Although this provision had been
established with the understanding that Planning Area 32
contained 24.25 acres of developable land. In order for you to
provide additional park acreage necessary to meet your parks
requirement, the usable area of Planning Area 32a will need to be
Page 2
included within your Conceptual Park Plan. Planning Area 32a
could be used to develop a separate, full-sized soccer field,
thereby fulfilling an identified Southwest Quadrant community
recreation demand. The addition of this 5.75 acre park reserve
would also allow for active and passive park uses to be more
comfortably spaced throughout the park site, while ensuring that
environmentally constrained lands are maintained in open space
per the provisions of Master Plan 177 and the Growth Management
Ordinance.
Other staff comments regarding the Conceptual Park Plan include
the following:
(1) Please show grading contours on site plan.
(2) Identify facility/use dimensions and acreages on site
plan.
If you have any questions or wish to set up a meeting to discuss
the Conceptual Park Plan for Zone 19, do not hesitate to call.
Sincerely,
PHILIP CARTER
Assistant to the City Manager
cc: Ray Patchett
Marty Orenyak
Michael Holzmiller
Charles Grimm
Chris DeCerbo
Larry Clemens
David Bradstreet
Mark Steyaert
Gary Kellison
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