HomeMy WebLinkAboutMP 139; Rancho Carrillo Master Plan; Master Plan (MP) (30)WRITE IT—DON'T SAY IT INTER-DEPARTMENT MEMORANDUM
TO
City Manager
planning Director
Parks & Recreation Director
DATE 11/7/74 ,9
A. M.
P. M.
Attached is the latest development in the Carrillo
Ranch Park matter. I would appreciate receiving any
comments or suggestions you may have on the draft
ordinance. I am sure before it is ready for presen-
tation to the Council/ a number of refinements and
revisions may be in order.
I would appreciate being informed in regard to the
progress of the solicitation of the proposals for
the appraiser so I will know when it is appropriate
to again communicate with Byron White.
REPLY ON THIS SHEET FROM city Attorney
11-24
CITY OF CARLSBAD
1200 ELM AVENUE
CARLSBAD, CALIFORNIA 92008
(714) 729-1181
VINCENT F. BIONDO JR. November 8, 1974
CITY ATTORNEY
Byron F. White, Esq.
White, Price, Peterson & Robinson
2300 First National Bank Building
530 B Street
San Diego, California 92101
Re: Carrillo Rancho - Park Site Requirement
Dear Mr. White:
The City Council at their meeting of November 6,
1974, authorized the City Manager to solicit proposals
for the appraisal of the Carrillo ranch house and related
buildings in accordance with Ordinance No. 9365 which
adopted a master plan for the Carrillo Ranch development.
A copy of the agenda item is enclosed for your information.
As we discussed at our meeting with you of October 10,
1974, the City understands that you are agreeable to our
retention of a qualified MAI appraiser. I would anticipate
that the City Manager would be in contact with you when we
have received and evaluated the proposals. I am sure he
is willing to consider your views before making his recom-
mendation on the retention of an appraiser. We also under-
stand that you are agreeable to depositing in advance with
the City the estimated amount of the appraiser's fee. Upon
deposit of the funds we anticipate taking the matter to
the City Council for their approval.
I would appreciate knowing whether or not you con-
sider a formal contract necessary in regard to the deposit
of the appraiser's fee. It would be sufficient for my
purposes for us to use a letter of understanding indicating
that the City would retain an appraiser at your expense in
accord with the master plan condition, that you would deposit
funds to cover the appraiser's fee, and that the City would
pay the appraiser and refund any remaining balance to you.
If a contract is required, we will present it to the Council
at the same time as they approve the selection of our ap-
praiser.
Byron F. White, Esq.
November 8, 1974
Page Two
The bulk of our October 10 meeting was devoted to
a discussion of how to accomplish the intent of the land
bank transactions contemplated by the master plan ordinance.
I have enclosed a preliminary draft of a section which
could be added to the Municipal Code chapter dealing with
park land dedications. It would provide an alternative
procedure which could be utilized for planned communities,
which would allow for the satisfaction of the park condi-
tion which has been applied to the Carrillo Ranch develop-
ment.
I would appreciate your review of the ordinance
and would be happy to receive any comments.
It seems to me that the next step in the process
is for us to develop the contract between the City and
Carrillo Ranch to contain all of the details of the trans-
action. We would appreciate receiving an outline from you
of those items which might possibly be included in such a
contract. •
After you have reviewed the enclosed materials,
it may be useful for us to again meet to discuss the draft
ordinance and the contents of the contract.
Very truly yours,
CITY,OF CARLSBAD
Vincent F. Biondo,
City Attorney
VFB:af .
Enclosures
cc: City Manager, w/att.
Planning Director, w/att.
Parks & Recreation Director, w/att.
•r ir c j T y -OF CARLSBAD///<Sc A L x F.O R a i A
Agenda Will Wo.Date: Nov. 6, 1974
Referred To :
Subjects
Carrillo Ranch Park Site
* Submitted By:
Parks & Recreation
Director
Statement of the Matter .
The City Council by Ordinance 9332 adopted a Master Plan for an 853-acre
project known as Carrillo Ranch. Ordinance 9365 amended that plan to add
a number of conditions including Condition No. 2 which provides for the
dedication of a 17-acre park site including the Carrillo Ranch house and
related buildings. The condition contemplates in part that the ranch
house and related buildings will be appraised by an appraiser selected
by the City and paid for by the developer and that that appraisal will be
presented to the City Council for approval. Upon approval the value at-
tached to the buildings will then be available as a prepayment of park
fees to be drawn upon in a manner to be determined in satisfaction of
the obligation of subsequent tentative maps. The first Specific Plan and
Tentative Map for a development within the ranch has now been submitted
to the Council. If is necessary to go forward in accord with Condition
No. 2 to accomplish the first stage of the dedication of the park site
prior to final map approval of the Tentative Map. It is requested that
the City Council authorize the solicitation of proposals from qualified
appraisers in order to accomplish the valuation of the Carrillo Ranch
house and related buildings.
Exhibit ' .. ' ' ' •
1. First two pages of Ordinance 9365.
2. Map of park site.
Staff Recommendations
Staff recommends that the City Council by motion authorize the City Manager
to solicit proposals for the appraisal of the Carrillo Ranch house and
related buildings in accord with Ordinance 9365. •
AB NO.Date: Nov. 6. 1974
City Manager's Recommendation
Concur with staff recommendation.
Council Action
DRAFT - VFBraf
11/6/74
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, AMENDING
TITLE 20, CHAPTER 20.28 OF THE CARLSBAD
MUNICIPAL CODE BY THE ADDITION OF SECTION
20.28.110 TO PROVIDE FOR THE DEDICATION
OF PARK LAND IN PLANNED COMMUNITY DEVEL-
OPMENTS .
The City Council of the City of Carlsbad, California,
does ordain as follows:
SECTION I; Title 20, Chapter 20.28 of the Carlsbad
Municipal Code is hereby amended by the addition of Section
20.28.110 to read as follows:
"20.28.110 Alternate procedure—Planned community
projects. The provisions of this section shall provide
an alternate procedure for accomplishing the dedication of
land for recreational facilities which the City Council
may elect to utilize for tentative maps processed as part
of a master planned project in the planned community zone.
(1) The City Council may elect to proceed pursuant
to this section by the inclusion of an appropriate condition
in the master plan for a project in the planned community
zone to provide for the dedication of land or for the pay-
ment of fees in lieu thereof,or any combination of the two,
in an amount not to exceed the estimated amount of the
obligations to be imposed by this chapter on the subdivisions
to be developed within the planned community..
DRAFT - 11/6/74
(2) If the land to be dedicated has been improved
prior to master plan approval and the City Council deter-
mines it to be in the City's interest to accept such improve-
ments for utilization in the City's park and recreation
program, the Council may cause such improvements to be
appraised, and the approved appraised value of such improve-
ments may be considered a payment of fees in lieu of the
dedication of land for the purposes of this section.
(3) The land dedicated or fees paid pursuant to
this section may be immediately utilized by the City. A
record of the amount of such land or fees shall be main-
tained by the City, and said amount shall be available to
be drawn upon at the option of the City Council to satisfy
the requirements of this chapter for one or more of the
subdivisions to be developed pursuant to the master plan
within the planned community project. The amount of land
or fees in lieu thereof required for each subdivision within
a planned community processed under this section shall be
determined in accord with this chapter in the same manner
as any other subdivision.
(4) After electing to utilize the provisions of
this section,the City Council may provide that the require-
ment for the dedication of land for a subdivision be satis-
fied by a credit from an equivalent amount of previously
dedicated land located within the planned community project
but outside the subdivision boundaries and available for
such purpose pursuant to this section. A requirement for
2.
DRAFT - 11/6/74
payment of fees may be satisfied in the same manner from
the amount of previously deposited fees available for such
purpose pursuant to this section. A record of the trans-
actions showing the amount of land or fees required, the
amount of credit used to satisfy such requirement, and the
balance of land or fees remaining for subsequent subdi-
visions shall be presented to the City Council prior to
final map approval.
(5) The method of accomplishing the dedication of
the land or the payment of fees in lieu thereof, the method
for making the land or fees available in accord with this
section,, and any other matters necessary to carry out the
intent of this section may be established by the City
Council by a contract with the developer or by the inclu-
sion of appropriate conditions in the master plan, specific
plan, tentative map or"any combination thereof.
(6) If the planned community project is rezoned
or otherwise terminated by the City Council prior to its
completion, any fees paid pursuant to this section and not
utilized in satisfaction of the requirements of this chapter
for approved subdivisions within the project shall be re-
funded. Title to any land dedicated pursuant to this sec-
tion and not utilized in satisfaction of the requirements
of this chapter for approved subdivisions within the pro-
ject shall remain in the City and shall be available to
satisfy the park requirements which may apply to any future
3.
DRAFT - 11/6/74
development of the property.
(7) In the event the land or fees available pur-
suant to this section are insufficient to satisfy the re-
quirements of this chapter for a subdivision, additional land
or fees may be required pursuant to this chapter in satis-
faction of such requirement, or the City Council may elect
to provide for additional dedications or payments in accord
with this section which shall be available for the satis-
faction of the balance of such requirement and the require-
ments of subsequent subdivisions within the planned com-
munity. "
4.