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HomeMy WebLinkAbout1978-01-03; City Council; Resolution 5286.. 1 2 3 4 5 6 7 8 9 1c 13 14 If 1: 2( 2: u-.* 2r RESOLUTION NO. 5286 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A PARKS AGREEMENT BETWEEN THE CITY OF CARLSBAD AND THE LA COSTA LAND COMPANY IWD AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEmNT . BE IT RESOLVED by the City Council of the City of Carlsbad as 'ollows : 1. That the certain Parks Agreement between the City of :arlsbad and the La Costa Land Company, a copy of which is Lttached hereto as Exhibit 'At and incorporated herein by reference, is hereby approved. 2. That the Mayor of the City of Carlsbad is hereby mthorized and directed to execute said agreement for and on >ehalf of the City of Carlsbad. PASSED, APPROVED AND ADOPTED at a regular meeting of the Jity Council on the 3rd day of January , 1978, by the following- vote, to wit: Councilmen Frazee, Lewis, Packard, Skotnicki and -- . AYES : NOES: None Councilwoman Casler ABSENT: None ATTEST: (seal ) EXHIBIT 'A' to Resolution No. 5286 . ..I..I_- AGREEMENT THIS AGREEM3NT is made this 3rd day of January I 1978 between the CITY OF CARLSBAD, a municipal corporation of the State of California (hereinafter referred to as "City") and LA COSTA LAND COMPANY, an Illinois corporation (hereinafter referred to as "La Costa"). RECITALS WHEREAS, in 1973 La Costa was the owner or otherwise controlled approximately three thousand eight hundred. acres of real property located within the City of Carlsbad and was developing said propertv pursuant to the City's Planned Community Zmc and a Master Plan Development approved by the City and adopted as Ordinance No. 9322 (hereinafter referred to as "Original Master Plan"); and WHEREAS, said ordinance, among other things, identified portions of said property as sites for neighborhood parks and required that an agreement be entered into between the City of - Carlsbad and La Costa for the dedication of such parks in connection with the development of the property; and WHEREAS, said ordinance also required dedication by La Costa to the City of a portion of said property known as San Marcos Canyon; and WHEREAS, as part of the ongoing planning efforts of the City and as the development proceeded at La Costa the plan was subject to review and it was determined that it was desirable to replace some or all of the neighborhood parks with one or more comnunitv parks, or a combination of some neighborhood parks and one community park; and WHEREAS, the parties agreed to a'n interim parks contract to preserve the City's rights to the neighborhood parks until an amendment to the Master Plan could be secured and a final definite Parks Agreement reached; and WHEREAS, the parties also agreed, as a pzlrt of that contract, to a procedure for accomplishing the orderly dedi- cation of the San Marcos Canyon as required by Ordinance No. 9322; and WHEREAS, said contract, dated October 15, 1973, was subsequently supplemented on the 18th of July, 1974 to revise the procedures for dedicating San Marcos Canyon and several times subsequent to that date, to extend the term of such agreement. Said contract, as supplemented, is on file in the office of the City Clerk and incorporated by reference herein; and WHEREAS, pursuant to Chapter 20.44 and in satis- faction of their obligations thereunder, La Costa deposited ' fees in lieu of dedication of land as a condition of recordation of the final subdivision maps for the subdivision known as Spanish Village Unit No. 1, Santa Fe Glens, Green Valley Knolls and La Costa Estates North, and has dedicated park land in La Costa Vale Unit No. 2 for and as a condition 2. of recordation of the final subdivision maps for the sub- divisions known as La Costa Vale Units No. 2 and No. 3; and WHEREAS, La Costa dedicated portions of San Marcos Canyon and placed a deed to a park site in escrow pursuant to their obligations under Ordinance No. 9322 and the Interim ?arks Agreement; and WHEREAS, La Costa is now the owner, or the purchaser, under contracts of sale, or otherwise controls, approximately five thousand six hundred acres of real property within the boundaries of City which La Costa wishes to develop as a plan- ned community in a logical extension of the above-referenced planned community; and WHEREAS, La Costa applied for a Master Plan amendment to include their enlarged holdings in the planned community and adopt a Master Plan for their development; and WHEREAS, City, on the 2nd day of November, 1976, by the adoption of Ordinance Xo. 9469 amended Ordinance No. 9322 and approved a revised Master Plan, consisting of a land use map and an accompanying text, on file in the office of the City Clerk and incorporated by reference herein. Said plan is hereinafter referred to as the revised Master Plan. The revised Master Plan constituted approval of an amendment to the original Master Plan to incorporate a portion of the enlarged holdings of La Costa within the planned community and to approve a Master Plan of development for a portion of 3. such property wherein development was specifically limited to four areas identified as Santa Fe Knolls, Rancheros de La Costa, La Costa Vale Unit No. 2 and Green Valley Knolls. Action on the balance of the La Costa holdings proposed for inclusion within the planned community was deferred and they cannot be developed until a further Master Plan amendment is approved by City; and WHEmAS, said revised Master Plan amends and supersedes the previously adopted Master Plan; and WHEREAS, said revised Master Plan also provides for the development of those portions of the property within the original Master Plan; and WREREAS, said revised Master Plan eliminated some parks shown on the original Master Plan which were no longer consistent-with City's General Plan and provides for some new parks in the areas added to the planned community and, among other things, identifies the size and general location of sites for public parks and other recreational facilities to serve the present and future residents of said areas and the overall La Costa Community and provides that an agreement . implementing the park and open space requirements of said plan be entered into between the parties as a condition for the further approval of any subdivision map in said areas of said property zoned P-C; and WHEREAS, said revised Master Plan also provides for an agreement between the parties for the dedication of those 4. portions of said property designated as San Marcos Canyon which have not been previously dedicated pursuant to the above-referenced Interim Parks Agreement; and WHEREAS, the park dedications required by said revised Master Plan will satisfy in part the requirements of the Carlsbad Municipal Code Chapter 20.44 which requires the dedication of land and/or the payment of fees in lieu thereof for park and recreational purposes as a condition of approval of the subdivision of land. Section 20.44.110 provides an alternate procedure for satisfying said obli- gation for planned communities. invokes that alternate procedure and the City has elected to proceed pursuant to said section and the parties desire to include in this agreenent those items necessary to accomplish said alternate procedure in accord with said s-ection; and The revised Master Plan WHEREAS, said alternate procedure provides for the identification of park sites on a Pllaster Plan and provides for the dedication of said sites as a part of the overall community planning process rather than tying the park dedications to the development of any particular subdivision. The parties recognize that the development of said property will take place over a number oE years and they desire to make prearrangement for the dedication of certain park lands in advance of actual need and subdivision in order to ensure that the community will receive the benefits of a coordinated 5. park program and in order to allow the parks to be dedicated and developed as a complete unit instead of waiting for a piecemeal dedication pursuant to the individual subdivision process; and WHEREAS, the City desires to acquire and provide for the acquisition of the park sites identified in the revised Master Plan in an orderly manner and concurrent with need and coordinated with the planning process and the develop- ment of the,community; and WHEREAS, in order to accomplish these purposes, Ea Costa will dedicate park lands in an amount not to exceed the estimate of their ultimate obligation pursuant to Chapter 20.44 in advance of requirements of any individual subdivision. The amount of land so dedicated will be maintained on account by the City to be drawn upon in satisfaction of the park obligation of sub- sequent subdivisions; and WHEREAS, City and La Costa understand a complete final Parks Agreement is not possible until a decision is made on the Master Plan amendment €or all of the La Costa holdings but do wish to enter into an agreement to resolve matters relating to the parks identified in the revised Master Plan to date which can be supplemented as necessary to accommodate such decisions as City may make on said amendment and which will incorporate those portions of previous agreements as necessary and supersede the unnecessary portions and other- wise provide for the dedication of the revised Master Plan, 6. Parks and San Marcos Canyon in one document. NOW, THEREFORE, in order to implement the revised Master Plan and in consideration of mutual promises and obli- gations of the parties set out herein it is agreed as follows: 1. La Costa shall dedicate San Marcos Canyon free of any liens and encumbrances to the City of Carlsbad in accord with the terms of this section. The boundaries of said canyon were established pursuant to the Third Supplement to Lnterim Parks Agreement,dated October 15, 1973, and portions thereof have been dedicated pursuant to such agreement. Said boundaries are shown on the map rnarked Exhibit "A", attached hereto and made a part hereof. boundaries. Prior to the approval of any final nap for a subdivision of any property adjacent to San 13arcos Canyon, as shown on Exhibit "A", and as a condition of approval of any such final map, La Costa shall survey those portions of San Marcos Canyon adjacent to the boundaries of any such map, down to the midpoint of the bottom of the canyon, certify the acreage thereof by licensed civil engineer, and deed or dedicate such property to City reserving such slope rights and other easements on the boundaries thereof as are necessary to develop the sub- divided property and as are agreeable to City. City and La Costa hereby reaffirm said 2. The interim Parks Agreement dated,October 15, 1973, the First Supplement thereto,dated July 18, 1974, and all sub- sequent supplements are hereby superseded by this agreement. 7. City shall release by appropriate itstrument the deeds for any park sites currently being held in escrow pursuant to said Interim Agreement. 3. Within ninety days of the effective date of this agreement, La Costa shall dedicate or deed to the City, free of any liens and encumbrances, by an appropriate instrument acceptable to the City, that park site identified on the Master Plan as Fuerte Park, a portion of Lot 748, consisting of 3.666 acres in the area known as La Costa Yeadows Unit No. 4. 4. As a condition of approval of final subdivision map for the subdivision of any part of the property within the boundaries marked "Area C", on Exhibit "B" , attached hereto and made a part hereof, La Costa shall deed or dedicate to City, free of any liens and encumbrances, by appropriate instrument acceptable to City, the site designated on the revised Master Plan and shown on Exhibit '*B", hereto as San Marcos Creek Park. Said park shall consist of 14.7 acres for which La Costa shall receive credit as herein provided equal to 10.7 acres computed according to the provisions of Chapter 20.44 of the Carlsbad Municipal Code and this agreement. 5. As a condition of the approval of a final sub-- division map for the subdivision of any part of the property within the boundaries marked "Area D", on Exhibit 'IC", attached hereto and made a part hereof, La Costa shall deed or dedicate to City, free of liens and encumbrances, by appropriate instru- ment acceptable to City, 12.5 acres of the park shown on Exhibit "C", as Stagecoach Park. Said park shall consist of twenty-eight - + acres. If subsequent subdivision maps are 8. approved by City for residential subdivisions of additional property within that portion of said property designated as "Area D", in said Exhibit "C", and as a condition thereof, La Costa shall similarly dedicate additior,al portions of said Stagecoach Park equal to twice the area required for any such subdivision as computed according to the provisions of Chapter 20.44 of the Carlsbad Municipal Code until the full park site of 28 f acres, as shown on said Exhibit "C",is so dedicated. 6. It is understood that this agreement provides only for the park dedications in those portions of said property shown on Exhibit "B" as "Area C", and on Exhibit "C" as "Area D", respectively. If the revised Master Plan is further amended to provide for development of the remaining areas of the La Costa property this agreement shall be supplemented to provide for the dedication of parks, or the payment of fees in lieu thereof for such areas. However, in any event, any excess credits of land or payment of fees, as provided herein, may be applied against any requirernent therefor in the remaining areas. of La Costa's property within the boundaries of said "Area C" which have not as of the date of this agreement been incorporated within the planned community and have not received master plan approval and that development within such areas may not take place without such approval. Nevertheless, the parties wish The parties also recognize that there are portions 9. to provide for the major parks contemplated for such areas in advance of such approvals and without prejudice to any decision City may make in regard to such approvals. In the event such approvals are not forthcoming, any park dedications pursuant to this agreement in excess of the Chapter 20.44 requirements for the approved subdivisions in such areas shall be available as a credit against Chapter 20.44 requirements for subdivisions in other areas of La Costa. 7. The parties recognize that the revised Master Plan is a planning document only and part of the dynamic changing process of the City's land use planning program. The park sites shown on the revised Elaster Plan reflect the parties best judgment of an appropriate parks program for La Costa as it is currently planned at this time. understood'that as said property is subdivided and improved, and as the City's planning process continues, the City may It is determine to change the location, number or amount of parks and City specifically reserves the right to do so. understood that approval by City of portions or all of the It is also balance of the proposed La Costa Master Plan amendment will require changes to this agreement in said regard. event such changes are necessary, the parties shall further supplement this agreement to effect such changes and provide for the orderly dedication of said park sites. shall not unreasonably withhold agreement on any necessary supplement to this agreement,. resulting from such a change. In the The parties 10. The parties recognize further that the revised Master Plan Map shows the park sites only as general locations and in approximate sizes. The text of said plan may contain limits of various specificity within which the parties may adjust the size and location of the park sites. Within the limits of said plan and this agreement, the City reserves the right to fix the final location, size and boundaries of such site without an amendment to this agreement. 8. Prior to the approval of any tentative map for subdivision of any of said property within the revised Master Plan for which a park site or incremental part thereof is required to be dedicated according to the terms of said plan or this agreement, La Costa shall cause such applicable site to be surveyed, the boundaries staked and the acreage thereof certified by a licensed civil engineer or surveyor. 9. Each such park site shall, as a condition of - acceptance by City, have reasonable access to a dedicated street or other access acceptable to City and shall have reasonable access to sewer and other necessary public utilities and shall otherwise meet City's reasonable criteria for parks as set forth in City's General Plan. 10. Any dedication of park land by La Costa, pursuant to this agreement, shall first be credited against the require- ment for the subdivision which is the occasion of such dedication in satisfaction of that subdivision's requirement under Chapter 20.44 of the Carlsbad Municipal Code. The amount of 11. , land, if any, in excess of said requirement shall constitute a credit in favor of La Costa to be held on account by City. At the request of La Costa, and with the approval of City, La Costa may use such credit in satisfying an equal amount of the requirements pursuant to said chapter for other subdivisions subsequently approved within the revised Master Plan area not necessitating the dedication of a park site pursuant to this agreement or other park dedication require- ments. Said credit shall, except as otherwise provided, be on an acre for acre basis, the p?arties having agreed that each acre in said property is equal in value for such purposes. 11. At such tine as any subdivision map is presented to the City Council for approval for any property within the revised Master Plan for which no park site will be required to be dedicated, said subdivision shall be processed as any other subdivision in terms of the parks' obligation pursuant to Chapter 20.44. If the City Council determines that dedication of park land, in addition to the sites identified on the Master Plan, is necessary, and if such dedication is found to be consistent with the General Plan and revised Master Plan, such dedication may be required or, in lieu thereof, the City may require park fees to be paid in accord with said chapter. If sufficient credit exists in favor of La Costa to satisfy the obli9ation of said subdivision, City may elect to satisfy the parks obligation of said subdivision by an appropriate deduction from said credit. In the event there is no, or insufficient, credit from prior dedications available to La Costa to satisfy such obligation or in the event City determines to reserve such credit for future subdivisions, as a condition of the approval of any such tentative map and prior to the approval of any final map therefor, La Costa shall satisfy the requirements of Chapter 20.44 by making the required dedication or paying the required fees in lieu thereof as City shall determine. 12. Nothing in this agreement shall prevent La Costa requesting, or the City granting, credit for private open space for parks and recreation purposes against the parks' obligation of any individual subdivision in accord with Chapter 2C.44. 13. Concurrently with the processing of a final map a statement regarding the parks' obligation shall be prepared by City for each such map for a subdivision of said property. The statement for a subdivision with no park site shall show the amount of land or fees required as determined by City pursuant to Chapter 20.44; the amount of credit, if any, available to satisfy such requirement; the amount of credit- to be used in satisfaction of the requirements of the sub- division; the credit remaining, if any, on accaunt for subsequent subdivisions in the event the City determines to allow such credit and the balance of land or fees due, if any. Said 13. statement for a subdivision with a park site shall show the amount of land required as determined by City, pursuant to Chapter 20.44, for such subdivision; the amount of credit, if any, already on account; the amount of park land to he dedicated pursuant to this agreement and the balance due or credit remaining on account for subsequent subdivision as the case may be. Upon request City shall furnish an account- ing of the current credit balances available to La Costa. 14. If development within the revised Master Plan does not go forward, or the substance of the approvals for such development are withdrawn, or this agreement is otherwise terminated by City prior to completion of development as con- templated by the revised Master Plan, the title to any land or improvements dedicated or deeded shall remain in the City and the remaining balance of any land or other credits not utilized in satisfaction of the requirements of this agreement shall remain on account and shall be available to satisfy the park requirernents which may apply to any future development of said property. 15. This agreement shall bind and inure to the benefit of the parties, their respective assigns and successors, and the successive owners of said property. I 16. In the event La Costa sells portions of the property subject to the revised Master Plan and this agreement to other parties who become the subdividers thereof, the credits 14. available pursuant to this agreement may be made available to satisfy the obligations of Chapter 20.44 of said subdividers upon receipt of written authorization by City from La Costa indicating the amount of such credit to be made available. IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year first above written. CITY OF CARLSBAD, a municipal corporation of the State of California i LA COSTA LAND COMPANY ATTEST : .. . APPROVED AS TO FORN: VINCENT F. BIONDO, JR. City Attorney 15 a A' . 0 cl 0 0 n 3 :: .I \ :I 3 .‘. ,, ,e+’ P -. . . I- .-- *-ri I 1 i '_ f 1 !! I i' I t I' i' i