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HomeMy WebLinkAbout1993-05-17; Parks & Recreation Commission; 593-6; Carrillo Ranch Parks agreementPARKS & RECREATION COMMISSION - AGENDA BILL o o TITLE: MT_ *—.--, /^/v CARRILLO RANCH PARKS Wl I la. ^ I f /J* AGREEMENT (ACTION) RECOMMENDED ACTION: Accept and approve the Parks Agreement and direct staff to process the document for City Council approval during their review of the Rancho Carrillo Master Plan (Amendment). ITEM EXPLANATION: Subsequent to the Commissions action on February 22, 1993, relative to the approval of the offer for parkland dedication associated with the Rancho Carrillo Master Plan (Amendment), City staff has met several times with representatives of the master plan applicants to prepare a parks agreement (Exhibit 1) . The Agreement has been formulated with the input and ultimate approval of the Planning Department, Parks and Recreation Director, Growth Management Division, and review by the City Attorney's office. As required by ordinance, the Parks Agreement must accompany the Master Plan (Revision) review by the City Council. Staff is recommending approval of the Agreement as issues of importance relative to the park site have been addressed to the satisfaction of the City. EXHIBITS: 1. Proposed Carrillo Ranch Parks Agreement, May 1993 DRAFT RANCHO CARRILLO PARKS AGREEMENT THIS 1993 PARKS AGREEMENT ("Agreement") is made this day of 1993 between the CITY OF CARLSBAD, a municipal corporation of the 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 Reality 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 Ranch 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 . 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 Rancho 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 Rancho 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 generation 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 Rancho 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 53 EXHIBIT 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 aditional 5.7 acres of park land, based on the maximum buildout of 2,091 units allowed by the Zone 18 LFMP. The Rancho 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 , the City duly adopted, as Ordinance No, , the Rancho Carrillo Master Plan which designates the area to be dedicated to the City for park land and requires the Developers of the Rancho 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 Rancho Carrillo Master Plan to comply with the requirements of all of the previous recitals. NOW, THEREFORE, in order to implement the Rancho Carrillo Master Plan, Ordinance No. , 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 Rancho 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 Village O 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. 54 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. If Village S is not utilized by the San Marcos Unified School District for a school site, then a portion of Village S, approved by the Parks and Recreation Director, which approval shall not be unreasonably withheld, and suitable to accommodate parking for SO 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 enter 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. 55 2. Upon or prior to commencement of physical development activities within the Rancho 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. 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 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. SIGNATURES 56 57 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 Rancho 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: 1.00 acres 7.15% Scripps: 0.00 acres 0.00% Total 13.97 acres 100.0% The Rancho 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 Rancho 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 Rancho Carrillo Master Plan: Woodward/Merrill Lynch: 621 dwelling units Continental Homes: 1,219 dwelling units UDC: 142 dwelling units Scripps: 0 dwelling units Total 1,982 dwelling units 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 community facility site (Continental Homes 19 units) shall not be used unless and until those sites are developed for residential purposes. ->. - 58 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 j 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 I 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 f permanent entrance at this location. I I 4. If Village S is not utilized by the San Marcos Unified School District for a school jj site, then a portion of Village S, approved by the Parks and Recreation Director, f which approval shall not be unreasonably withheld, and suitable to provide non- exclusive park access from Carrillo Way, 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 enter the park site adjacent to the gate house, it shall be concealed by a pedestrian bridge or other manner acceptable to the City.