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HomeMy WebLinkAbout2020-01-14; City Council; ; Acquisition of real property in the northwest quadrant commonly known as the Aura Circle property~ CITY COUNCIL V Staff Report Meeting Date To: From: Staff Contact: Jan. 14,2020 Mayor and City Council Scott Chadwick, city manager Kyle Lancaster, parks & recreation director kyle.lancaster@carlsbadca.gov or 760-434-2941 (>\Lf'-\ CA Review __ _ Subject Acquisition of real property in the northwest quadrant commonly known as the Aura Circle property Recommended Action Adopt a resolution authorizing the real estate manager to negotiate with the agent for Pacific Legacy Homes for the acquisition of real property in the northwest quadrant commonly known as the Aura Circle property, at the estimated market value of $2,070,000. Executive Summary On March 14, 2017, the City Council approved the General Plan Lawsuit Settlement Agreement (Agreement) between City of Carlsbad and North County Advocates (NCA). One ofthe provisions of that Agreement requires the city to continue to consider and evaluate properties for potential acquisition of open space and use good faith efforts to acquire those properties. Staff has considered and evaluated a property commonly known as the Aura Circle property (Subject Property) [APN 207-100-48], for acquisition by the city. The Subject Property is located at the northern terminus of Aura Circle, north of the intersection of Aura Circle and Hillside Drive. The city recently obtained an appraisal report of the Subject Property, which determined its' estimated market value at $2,070,000. Staff is recommending that the City Council authorize the real estate manager to negotiate with the agent for Pacific Legacy Homes (Seller) for acquisition of the Subject Property, at the estimated market value of $2,070,000. This item is being presented to the City Council pursuant to the California Government Code Section 54956.8, which requires that a local agency hold an open and public session in which it identifies its negotiators, the real property or real properties which the negotiations may concern, and the person or persons with whom its negotiators may negotiate. Discussion In negotiations to settle the lawsuit against the city's certification of the General Plan Environmental Impact Report, NCA expressed their desire that the city continue to consider and evaluate properties for potential acquisition of open space, and use good faith efforts to acquire those properties. In March 2017, the City Council approved the Agreement between the City of Carlsbad and NCA [Council Resolution No. 2017-228], which includes Section 4.3.15: Jan. 14, 2020 Item #16 Page 1 of 13 The City will meet and collaborate with NCA at least twice annually to discuss the status of acquiring, for the purpose of open space preservation in perpetuity, the properties listed in the City Council approved Proposition C Open Space and Trails Ad Hoc Committee Property Analysis ranking chart. As a part of these meetings, the City will also consider and evaluate for acquisition any other property that is not listed on the Proposition C Open Space and Trails Committee Property Analysis ranking chart. In doing so, the City will utilize the Property Acquisition Ranking Criteria developed by the Proposition C Open Space and Trails Ad Hoc Committee to consider the value of the acquisition regardless of rank, for open space preservation in perpetuity, any property not included on the Proposition C list. If, through these meetings, a property is evaluated and identified as being appropriate for acquisition for open space preservation in perpetuity, which shall also include identification as having a willing seller, the City shall use good faith efforts to acquire the property ... City and other funds may only be used for costs that are necessary to acquire the real property including but not limited to deposits required by purchase agreements, necessary option payments, appraisals, technical reports, environmental studies of the property, and purchase price payments. For the purpose of this section, there is no time frame identified, no maximum funding limit on the amount of City funds made available to acquire property,for open space preservation in perpetuity, and the minimum funding amount the City shall make available to acquire property for open space preservation in perpetuity is $4,000,000. Pursuant to the Agreement, an Open Space Acquisition Committee (Committee) of interdepartmental staff meets approximately four times annually to review open space properties for potential acquisition by the city. The Committee is comprised of: parks & recreation director, parks services manager, parks planning manager, parks planner, real estate manager, assistant city attorney, environmental services manag~r, and senior program manager -Habitat Management Plan (HMP). In addition, Committee representatives meet at least twice annually with NCA representatives, in accordance with the above section of the Agreement. The Committee has considered and evaluated the Subject Property for potential acquisition by the city. A brief description of the Subject Property follows: • 15.02-acre property located at the northern terminus of Aura Circle [Exhibit 2] • Contains a conceptual alignment for future Trail Segment 7H (High Ridge Avenue to Aura Circle), as identified in the Carlsbad Trails Master Plan [Exhibit 3] • Classified as other property that is not listed on the Proposition C Open Space and Trails Ad Hoc Committee Property Analysis ranking chart • Contains varied topography, with steep slopes -providing enhanced views in some areas • Zoned R-1-8000: One Family Residential (2.66 acres) and OS: Open Space (12.36 acres) • General Plan Land Use Designated R-4 (Residential 0-4 du/ac) and OS (Open Space) • Open Space (12.36 acres) designated within the Carlsbad HMP hardline [Exhibit 4] and therefore unavailable for development • Possible source of upland mitigation credit, including coastal sage scrub • Approval pending on final map to subdivide property into nine single family residential lots and one open space lot Jan. 14, 2020 Item #16 Page 2 of 13 If the Subject Property were to be acquired by the city, a Carlsbad General Plan Amendment would be required to change the General Plan Land use designation for the residential portion of the property from Residential 0-4 dwelling units per acre (R-4) to Open Space (OS). Pursuant to Government Code Section 65863, the city may not reduce the residential density on any parcel below that which was used by the California Department of Housing and Comn:iunity Development in determining compliance with Housing Element law, unless the city makes the finding that the reduction of residential density is consistent with the adopted General Plan, including the Housing Element, and the remaining sites identified in the Housing Element are adequate to accommodate the city's share of the regional housing need pursuant to Government Code Section 65584. Consistent with Program 3.8 of the certified Housing Element, all of the dwelling units which were anticipated toward achieving the city's share of the regional housing needs that are not utilized by developers in approved projects will be deposited into the city's Excess Dwelling Unit Bank. The proposal to change the General Plan Land Use designation from R-4 to OS would deposit the excess dwelling units into the Excess Dwelling Unit Bank. These excess dwelling units would then be available for allocation to other projects. Accordingly, there would be no net loss of residential unit capacity. In addition, there are adequate properties suitable for regional housing needs for the above-moderate income group allowing residential development with a unit capacity to satisfy the city's share of the regional housing need, pursuant to Government Code Section 65584. Similarly, effective Jan. 1, 2020, new Government Code section 66300, which was enacted as part of Senate Bill 330, provides: (b}{l} {W]ith respect to land where housing is an allowable use, ... an affected city shall not enact a development policy, standard, or condition that would have any of the follow effects: [fl] {A} Changing the general plan land use designation ... or zoning of a parcel ... of property to a less intensive use ... "[L]ess intensive use" includes ... increased open space ... requirements ... or anything that would lessen the intensity of housing. [fl] ... [fl] (i) This section does not prohibit ... an affected city from changing a land use designation or zoning ordinance to a less intensive use if the city ... concurrently changes the development standards, policies, and conditions applicable to other parcels within the jurisdiction to ensure that there is no net loss in residential capacity. The city will also need to address these provisions when the city changes the General Plan land use designation for the residential portion of the Subject Property to open space. Mr. Matt Weaver is the agent of the Seller of the Subject Property. During initial discussions with staff, Mr. Weaver indicated a general willingness of the Seller to sell this property. With the concurrence of the Committee, the city obtained an appraisal of the Subject Property and forwarded it to Mr. Weaver. The appraisal report, authored by Arens Group, Inc. and dated Dec. 5, 2019, estimated the market value of the Subject Property at $2,070,000. The Seller reviewed the appraisal report and subsequently expressed an interest in entering negotiations for acquisition of the property by the city at the estimated market value of $2,070,000. Jan. 14, 2020 Item #16 Page 3 of 13 Representatives of the Committee then forwarded the above information on the Subject Property to representatives of NCA for review. On Jan. 2, 2020, representatives of the Committee and of NCA met to discuss the city's potential acquisition of the Subject Property. Representatives of NCA expressed general support for the city entering negotiations with the Seller's agent and subsequently sent a NCA approved statement on acquisition of the Subject Property (Exhibit 5). California Government Code Section 54956.8 states: Notwithstanding any other provision of this chapter, a legislative body of a local agency may hold a closed session with its negotiator prior to the purchase, sale, exchange, or lease of real property by or for the local agency to grant authority to its negotiator regarding the price and terms of payment for the purchase, sale, exchange, or lease. [fl} However, prior to the closed session, the legislative body of the local agency shall hold an open and public session in which it identifies its negotiators, the real property or real properties which the negotiations may concern, and the person or persons with whom its negotiators may negotiate. Staff is recommending the City Council authorize ·the real estate manager to negotiate with Mr. Weaver for acquisition of the Subject Property, at the estimated market value of $2,070,000, plus half of the estimated total closing costs of $10,000. Staff will return to the City Council for its consideration of a purchase agreement, upon conclusion of those negotiations. Fiscal Analysis There is no direct fiscal impact from the authorization to negotiate the acquisition of the Subject Property. Should the negotiations with Mr. Weaver for acquisition of the subject property be successful, the real estate manager will draft a purchase agreement for the Subject Property, at the estimated market value of $2,070,000, plus half of the estimated total closing costs of $10,000. The real estate manager will return to the City Council for its consideration of that agreement. Next Steps The real estate manager will negotiate with Mr. Weaver for the acquisition of the Subject Property, in an amount of $2,070,000, plus half of the estimated total closing costs of $10,000. Should the negotiations be successful, the real estate manager will return to the City Council within 30 days for its consideration of a purchase agreement for the Subject Property. Environmental Evaluation (CEQA) This action is categorically exempt from the California Environmental Quality Act pursuant to CEQA Guidelines Section 15325 (Transfers of ownership of interest in land to preserve existing natural conditions and historical resources). This exemption also recognizes land acquired to allow restoration of natural conditions. Public Notification This item was noticed in accordance with the Ralph M. Brown Act and was available for public viewing and review at least 72 hours prior to the meeting date and time. Jan. 14, 2020 Item #16 Page 4 of 13 Exhibits 1. City Council resolution 2. Aura Circle property -site map 3. Carlsbad Trails Master Plan Segment 7H -Aura Circle 4. Carlsbad HMP Figures 7, 27 and 36 -related to Aura Circle 5. NCA's statement generally supporting acquisition of Aura Circle property, dated Jan. 6, 2020 Jan. 14, 2020 Item #16 Page 5 of 13 RESOLUTION NO. 2020-012 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING THE REAL ESTATE MANAGER TO NEGOTIATE WITH THE AGENT FOR PACIFIC LEGACY HOMES FOR ACQUISITION OF REAL PROPERTY IN THE NORTHWEST QUADRANT COMMONLY KNOWN AS THE AURA CIRCLE PROPERTY, AT THE ESTIMATED MARKET VALUE OF 2,070,000. WHEREAS, on Mar.14, 2017, the City Council approved the General Plan Lawsuit Settlement Agreement between the City of Carlsbad and North County Advocates (NCA); and WHEREAS, staff has considered and evaluated a 15.02-acre property commonly known as the Aura Circle property (Subject Propety) [APN 207-100-48], located at the northern terminus of Aura Circle, north of the intersection of Aura Circle and Hillside Drive, for potential acquisition by the city; and WHEREAS, during initial discussions with staff, the agent of Pacific Legacy Homes (Seller) indicated a general willingness of the Seller to sell the Subject Property; and WHEREAS, the Subject Property contains a conceptual alignment for future Trail Segment 7H (High Ridge Avenue to Aura Circle), as identified in the Carlsbad Trails Master Plan; and WHEREAS, with the concurrence of the city's Open Space Acquisition Committee, the city obtained an appraisal of the Subject Property; and WHEREAS, the appraisal report, authored by Arens Group, Inc. and dated Dec. 5, 2019, listed the estimated market value of the Subject Property at $2,070,000; and WHEREAS, the Seller reviewed that appraisal and subsequently expressed an interest in entering negotiations for acquisition of the Subject Property by the city at the estimated market value of $2,070,000; and WHEREAS, on Jan. 2, 2020, representatives from NCA expressed their support for the city entering negotiations with the Seller's agent for potential acquisition of the Subject Property; and WHEREAS, pursuant to California Government Code Section 65584, the project is consistent with the Housing Element and there are adequate sites identified in the Housing Element for the above- moderate income group to accommodate the city's share of regional housing needs. Jan. 14, 2020 Item #16 Page 6 of 13 WHEREAS, California Government Code Section 54956.8 requires that a local agency hold an open and public session in which it identifies its negotiators, the real property or properties which the negotiations may concern, and the person or persons with whom its negotiators may negotiate; and WHEREAS, the staff is recommending that the City Council authorize the real estate manager to negotiate with the Seller's agent for acquisition of the Subject Property, at the estimated market value of $2,070,000, plus half of the estimated total closing costs of $10,000. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That real estate manager is authorized to negotiate with the Seller's agent for acquisition of Sub jet Property at the estimated market value of $2,070,000, plus half of the estimated total closing costs of $10,000. 3. That the real estate manager will return to the City Council to consider the approval a purchase and sale agreement upon the conclusion of the negotiations. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 14th day of January 2020, by the following vote, to wit: AYES: Hall, Blackburn, Bhat-Patel, Schumacher. NAYS: None. ABSENT: None. MATT HALL, Mayor [c~ Jlecfor ~orne,,1 BARBARA ENGLESON, City Clerk Dtpfl!_:!) (SEAL) Cl:_j C)e<✓ Jan. 14, 2020 Item #16 Page 7 of 13 Kyle Lancaster To: Cc: Subject: From: Diane Nygaard Diane Nygaard Howard Krausz RE: NCA Statement on Aura Circle Acquisition Sent: Monday, January 6, 2020 12:18 PM To: Kyle Lancaster Cc: Howard Krausz Subject: NCA Statement on Aura Circle Acquisition Hi Kyle FYI-NCA has approved the following statement about this : EXHIBIT 5 "North County Advocates is generally supportive of the acquisition of the Aura Circle property as permanent hard-line open space with the understanding that: this area has some habitat value, helps address the open space shortage in this LFMZ, the displaced housing will be used consistent with Smart Growth provisions, and the City Council has the ability to add funds to the Open Space account for future acquisitions. " Diane 1 Jan. 14, 2020 Item #16 Page 13 of 13 Mia De Marzo From: Sent: To: Subject: Item #16 Council Internet Email Monday, January 13, 2020 8:37 AM City Clerk FW: Aura Circle Property From: Enchanted Seashells Sent: Saturday, January 11, 2020 9:01 PM To: Council Internet Email <CityCouncil@carlsbadca.gov> Subject: RE: Aura Circle Property TO: Carlsbad City Council All Receive -Agenda Item U }_§, For the Information of the: CITY COUNCIL Date J/13pucA X cc ..c_ CM JC coo .2C_ DCM (3) K._ I have lived on Hillside Drive near Aura Circle for 35 years. In that time, my neighbors and I and the rest of our tightknit little community have come to love this small piece of land. It is valuable for open space for many reasons: 1. To compensate for the less than environmentally thoughtful overbuilding of Carlsbad, including the horrific Toll Brothers development. 2. This property at the end of Aura Circle and behind Kelly Drive is a critical wildlife corridor, one of the few not entirely ravaged by the overly aggressive development in Carlsbad. ·· 3. While supporting many native plants, the area above Aura Circle has been continually bulldozed and will require habitat restoration, starting with native plant restoration. I approve of the purchase of these fifteen acres for the sole use as Open Space in perpetuity. Rosanne Bentley !CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe.I 1 Mia De Marzo From: Council Internet Email Sent: To: Monday, January 13, 2020 8:37 AM City Clerk Subject: FW: Aura Circle Property Item #16 From: kimberly hansen Sent: Sunday, January 12, 2020 8:29 AM To: Council Internet Email <CityCouncil@carlsbadca.gov> Subject: Aura Circle Property Good Morning, I live at and only have been a Carlsbad resident for the past 6 years. One of the things my husband and I liked when we bought our home was all of the open space, not knowing that development was in the works. The volume of vehicle traffic and noise has already increased with the Robertson Ranch development. Marja Acres combined with the development of Aura circle would considerable increase traffic, parking, noise and leave very little open space. I support the city purchasing the property by Aura Circle to keep the land OPEN SPACE! Thank you Kim I CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. I 1 Mia De Marzo From: Sent: To: Subject: Item #16 -----Original Message----- Council Internet Email Monday, January 13, 2020 8:37 AM City Clerk FW: Acquisition of Aura Circle property From: Tom Tillman Sent: Sunday, January 12, 2020 12:25 PM To: Planning <Planning@CarlsbadCA.gov>; Council Internet Email <CityCouncil@carlsbadca.gov> Cc: Subject: Acquisition of Aura Circle property Dear Carlsbad City Council, My name is Tom Tillman and my address is , Carlsbad,Ca. I want to provide my support for the City of Carlsbad purchase of the Aura Circle property from Pacific Legacy Homes. to keep it open space. Best Regards Tom Tillman CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Mia De Marzo From: Council Internet Email Sent: To: Monday, January 13, 2020 8:38 AM City Clerk Subject: FW: Aura property ..... Item #16 -----Original Message----- From: sandi blake < Sent: Sunday, January 12, 2020 4:23 PM To: Council Internet Email <CityCouncil@carlsbadca.gov> Subject: Aura property ..... Dear Carlsbad City Council, We favor the proposed purchase by the city of the Aura property. We believe this is a far better option than more homes in our area. Please consider this proposal and vote to keep the open space. Thank you, Dr. And Mrs. Paul Blake Carlsbad, 92008 CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Mia De Marzo From: Sent: To: Subject: Item #16 Council Internet Email Monday, January 13, 2020 10:02 AM City Clerk FW: Aura Circle Property -Agenda #16 From: Patrick Ludeman Sent: Monday, January 13, 2020 9:26 AM To: Council Internet Email <CityCouncil@carlsbadca.gov> Subject: Aura Circle Property -Agenda #,16 As a homeowner and resident on Kelly Drive, I fully support the City of Carlsbad in the purchase of the Aura Circle Property in order to keep it free from development. I see that land from my bedroom and front yard every day and I would hate to have those hills overrun with construction. There is already heavy traffic on El Camino regularly and further construction in the area will only increase that. Please do what you can to prevent that land from development. Thank you. Patrick Ludeman 4846 Kelly Dr. 0 --------------- Patrick S. Ludeman Peabody & Buccini LLP NOTICE THIS MESSAGE IS CONFIDENTIAL, INTENDED FOR THE NAMED RECIPIENT(S) AND MAY CONTAIN INFORMATION THAT IS (I) PROPRIETARY TO THE SENDER, AND/OR, (II) PRIVILEGED, CONFIDENTIAL, AND/OR OTHERWISE EXEMPT FROM DISCLOSURE UNDER APPLICABLE STATE AND FEDERAL LAW INCLUDING, BUT NOT LIMITED TO, PRIVACY STANDARDS IMPOSED PURSUANT TO THE FEDERAL HEAL TH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 ("HIPAA"). IF YOU ARE NOT THE INTENDED RECIPIENT, OR THE EMPLOYEE OR AGENT RESPONSIBLE FOR DELIVERING THE MESSAGE TO THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION. DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS TRANSMISSION IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY REPLY E-MAIL OR BY TELEPHONE AT (760) 652-3150 AND DESTROY THE ORIGINAL TRANSMISSION AND ITS ATTACHMENTS WITHOUT READING OR SAVING THEM TO DISK. I CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe.I 1 Hector Gomez From: Council Internet Email Sent: To: Monday, January 13, 2020 2:16 PM City Clerk Subject: FW: Aura Circle Development Item #16 From: Jim Barton Sent: Monday, January 13, 2020 2:11 PM To: Council Internet Email <CityCouncil@carlsbadca.gov> Subject: Aura Circle Development I am a neighbor to the proposed development. I understand that the City is considering purchasing the property for Open Space. I support this decision. Jim Barton CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Hector Gomez From: Council Internet Email Sent: To: Monday, January 13, 2020 2:16 PM City Clerk Subject: FW: Aura Circle property Agenda #16 From: Kris Wright Sent: Monday, January 13, 2020 1:55 PM To: Council Internet Email <CityCouncil@carlsbadca.gov> Subject: Aura Circle property Agenda #16 Mr. Mayor and Council, I just became aware that City staff has recommended the purchase of the Aura Circle property at the south west area of Kelly Dr. and El Camino Real. I would like to encourage you to approve staff's recommendation to purchase this property to allow it to become permanent open space. It is a beautiful parcel, and I believe it will benefit the residents nearby in that if trails are built the City will be able to reduce GHG. This could allow a new foot path to Kelly Elementary School from other streets such as High Ridge which normally would cause parents to drive their children to that school. In addition, the parcel will allow a place to mitigate for the Coastal Sage Scrub, since there are other plans by the Trails Master Plan to extend the Kelly Trail to El Camino Real in another nearby area near the wetlands of the Agua Hedionda Lagoon. We do have Coastal Sage in that area and that trail will be critical for the rather isolated Hidden Ridge Community. I did speak to a few of the residents along Kelly they are thrilled at the prospect of that parcel being purchased as Open space in perpetuity, Thank you in advance for voting to save that property which will create more open space for our residents! Regards, Kris Wright Carlsbad, CA 92008 Kris Wright CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Hector Gomez From: Sent: To: Subject: Follow Up Flag: Flag Status: Item #16 Council Internet Email Tuesday, January 14, 2020 9:18 AM City Clerk FW: support for purchase of Aura Circle property Follow up Completed From: Margaret Fetters Sent: Tuesday, January 14, 2020 9:00 AM To: Council Internet Email <CityCouncil@carlsbadca.gov> Subject: support for purchase of Aura Circle property All Receive -Agenda Item U j_k_ For the Information of the: CITY COUNCIL Date !-/J!I/Pi CA ")( CC~ CM£C00.1i_DCM(3)K_ I would like to state for the record my support of the City of Carlsbad purchase of the Aura Circle property, item #16 on the council meeting agenda tonight. Thank you, Margaret Fetters CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Hector Gomez From: Council Internet Email Sent: To: Tuesday, January 14, 2020 8:30 AM City Clerk Subject: Follow Up Flag: Flag Status: Item #16 FW: Aura circle purchase Follow up Completed From: Robin van der Schaaf Sent: Monday, January 13, 2020 6:56 PM To: Council Internet Email <CityCouncil@carlsbadca.gov> Subject: Fwd: Aura circle purchase Best Regards, Robin van der Schaaf Flamingo Holland Inc ----------Forwarded message --------- From: Robin van der Schaaf Date: Mon, Jan 13, 2020, 6:51 PM Subject: Aura circle purchase To: <counsel@carlsbadca.gov> Hi there, Just want to give my support to the purchase of the Aura circle property by the city of Carlsbad! Best Regards, Robin van der Schaaf Flamingo Holland Inc CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Hector Gomez From: Council Internet Email Sent: To: Monday, January 13, 2020 4:35 PM City Clerk Subject: FW: Aura Circle property Follow Up Flag: Follow up Flag Status: Completed Item #16 From: Marie Logan Sent: Monday, January 13, 2020 4:08 PM To: Council Internet Email <CityCouncil@carlsbadca.gov> Subject: Aura Circle property To Honorable Council Members; I live near the Aura Circle Property that is apparently being considered for purchase as an open space and to qualify for the 40% goal of open space in Carlsbad. Although pricey, I am FOR this purchase. Although I think it would be a nice trail to Kelly School, would reduce traffic to the school with a growing student body and preserve the space for animals and the enjoyment of humans now that Robinson Ranch has raped the hillsides across ECR, my main reason to support this vote FOR is for the safety of children. There is a very tricky intersection at Aura Circle and Hillside. It is not amenable to a stop light or stop sign. Parents park on Hillside to drop off children and there are many pedestrians. Also, cars tend to take the right turn going south at the corner of Kelly on to Hillsides faster than the posted speed limit and would be at Aura Circle intersection in 2-3 seconds. I think it would be dangerous for any car or person turning on to Hillside from Aura Circle.Thank you for considering my point of view. CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Hector Gomez From: Sent: To: Subject: Follow Up Flag: Flag Status: Item #16 Council Internet Email Tuesday, January 14, 2020 8:29 AM City Clerk FW: Aura Circle purchase Follow up Completed From: Michelle Van der Schaaf Sent: Monday, January 13, 2020 6:54 PM To: Council Internet Email <CityCouncil@carlsbadca.gov> Subject: Aura Circle purchase Dear City Council members, I am writing in strong support of the purchase of the Aura Circle property by the city of Carlsbad. I appreciate your consideration of this matter and believe it will enhance the neighborhood around where we live, including less traffic and congestion at Kelly Elementary School. Thank you, Michelle Van Der Schaaf 4939 Avila Ave CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Hector Gomez From: Council Internet Email Sent: To: Tuesday, January 14, 2020 3:00 PM City Clerk Subject: Follow Up Flag: Flag Status: -----Original Message----- FW: Item #16 Aura Circle Follow up Completed From: Alana Brousseau Sent: Tuesday, January 14, 2020 2:35 PM To: Council Internet Email <CityCouncil@carlsbadca.gov> Subject: Item #16 Aura Circle I am 1 of the 4 residents that actually lives on Aura Circle and I am surprised that we were not notified of this vote. We of course want it to remain open space, our kids play up there daily & the impact on the numerous types of animals that live there would be a detriment to our community if any thing were to change. Thank you, Alana Trax Brousseau Sent from my iPhone CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Hector Gomez From: Council Internet Email Sent: To: Tuesday, January 14, 2020 8:31 AM City Clerk Subject: FW: January 14th Agenda, Item# 16 Follow Up Flag: Follow up Flag Status: Completed From: Carl Pope Sent: Tuesday, January 14, 2020 7:57 AM To: Council Internet Email <CityCouncil@carlsbadca.gov> Subject: January 14th Agenda, Item # 16 Please consider this my request to approve the recommended actions specified in the resolution for acquisition of the Aura Circle Property (APN 207-100-48). Thank you, Carl Pope CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Kyle Lancaster, parks & recreation director Tim Selke, parks services manager Cindie McMahon, assistant city attorney Jan. 14, 2020 Acquisition of Real Property Known as the Aura Circle Property Recommended Action •Adopt a resolution authorizing the real estate manager to negotiate with the agent for Pacific Legacy Homes for the acquisition of real property in the northwest quadrant commonly known as the Aura Circle property, at the estimated market value of $2,070,000 Settlement Agreement •General Plan (GP) Lawsuit Settlement Agreement −Approved by City Council on March 14, 2017 −Between city and North County Advocates (NCA) −Section 4.3.15 addresses open space (OS) acquisition Agreement Section 4.3.15 •City to Meet with NCA at least twice annually: −Discuss acquiring property listed in Prop C Open Space and Trails Ad Hoc Committee Property Analysis chart −Consider and evaluate for acquisition any other property not listed in that chart Agreement Section 4.3.15 •If a property is evaluated and identified as being appropriate for acquisition (including a willing seller), city shall use good faith efforts to acquire the property •City and other public funds may only be used for costs necessary to acquire the real property Agreement Section 4.3.15 •Parameters of city funds to acquire property are: •No maximum funding limit •Minimum funding of $4,000,000 OS Acquisition Committee •Is comprised of several interdepartmental staff •Meets quarterly to review open space properties •Has considered/evaluated the Aura Circle Property and ranked it high based on 14 criteria approved by Council Aura Circle Aura Circle -Property Description •15.02-ac. located at the northern terminus of Aura Circle •Contains a conceptual alignment for a future Trail Segment 7H (High Ridge Avenue to Aura Circle), in Trails Master Plan •Classified as other property not listed on the Proposition C Open Space and Trails Ad Hoc Committee Property Analysis Aura Circle -Property Description •Contains varied topography, with steep slopes and views •Zoned R-1-8000: One Family Residential (2.66 acres), and OS: Open Space (12.36 acres) •GP Land Use Designated as R-4 (0-4 d.u./ac.) and OS •Potential stepping stone property for gnatcatcher activity Aura Circle -Property Description •Open Space (12.36 acres) is designated within the Carlsbad HMP hardline and therefore unavailable for development •Possible source of upland mitigation credit, including C.S.S. •Approval pending on final map to subdivide property into nine single family residential lots and one open space lot GP Amendment •GP Amendment required to change land use designation for the residential portion of the property from R-4 to OS Government Code Sec. 65863 •The city may not reduce the residential density on any parcel below that which was used by the CA Department of Housing and Community Development in determining compliance with Housing Element (HE) law, unless: Government Code Sec. 65863 The city makes the finding that the reduction of residential density is consistent with the adopted GP, including the HE, and the remaining sites identified in the HE are adequate to accommodate city’s share of the regional housing need pursuant to Government Code Sec. 65584 Program 3.8, Certified HE -Consistency All of the dwelling units which were anticipated toward achieving the city’s share of the regional housing needs that are not utilized by developers in approved projects will be deposited into the city’s Excess Dwelling Unit Bank Excess Dwelling Units Bank Proposal to change the GP Land Use designation from R-4 to OS would deposit the excess dwelling units into bank −Units would be available for allocation to other projects −There would be no net loss of residential unit capacity Government Code Sec. 65584 Additionally, there are adequate properties suitable for regional housing needs for the above-moderate income group allowing residential development with a unit capacity to satisfy city’s share of the regional housing need Government Code Sec. 66300/SB 330 (b)(1) [W]here housing is an allowable use, … an affected city shall not enact a development policy, standard, or condition [effectively]: [¶] (A) Changing the general plan land use designation … or zoning of a parcel … of property to a less intensive use … “[L]ess intensive use” includes … increased open space … requirements ... or anything that would lessen the intensity of housing. Government Code Sec. 66300/SB 330 (i) This section does not prohibit … an affected city from changing a land use designation or zoning ordinance to a less intensive use if the city … concurrently changes the development standards, policies, and conditions applicable to other parcels within the jurisdiction to ensure that there is no net loss in residential capacity. Government Code Sec. 66300/SB 330 •City may comply by transferring the property’s residential density to one or more other parcels •May be other compliance alternatives depending on HCD guidance and other legislative or legal developments •Staff will study options and return to City Council with compliance recommendation(s) OS Acquisition Committee’s Actions •Identified Mr. Matt Weaver as Seller’s agent •Received indication of general willingness to sell property •Obtained appraisal of property and forwarded it to agent •Received interest in entering into negotiations for the sale •Forwarded information on Aura Circle Property to NCA •Met with NCA and obtained statement of general support Next Steps •Real estate manager will negotiate with Mr. Weaver for acquisition of the property, in an amount of $2,070,000, plus half of the estimated total closing costs of $10,000 •Should the negotiations be successful, the real estate manager will return to City Council within 30 days for its consideration of a purchase agreement for the property Recommended Action •Adopt a resolution authorizing the real estate manager to negotiate with the agent for Pacific Legacy Homes for the acquisition of real property in the northwest quadrant commonly known as the Aura Circle property, at the estimated market value of $2,070,000 Questions?