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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.