HomeMy WebLinkAbout2025-06-24; City Council; Resolution 2025-150Exhibit 1
RESOLUTION NO. 2025-150
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, DECLARING THE CITY-OWNED PARKING LOT PROPERTIES
LOCATED AT THE SHOPPES AT CARLSBAD AS EXEMPT SURPLUS LAND UNDER
CALIFORNIA GOVERNMENT CODE SECTION 54221(f)(1)(J)
WHEREAS, the city-owned parking lot properties located at The Shoppes at Carlsbad are
comprised of 67.27 acres, with 56.97 acres located within the City of Carlsbad, and 10.3 acres located
within the City of Oceanside (Parking Lots); and
WHEREAS, the City and Plaza Camino Real LP entered into a public parking lot operating
agreement in 1981 requiring Plaza Camino Real LP to operate and maintain the Parking Lots; and
WHEREAS, the Parking Lots are currently being operated and maintained as a public
parking lot to serve The Shoppes at Carlsbad regional shopping center; and
WHEREAS, Plaza Camino Real LP sold its interests in the Shopping Center to Westfield, LLC,
which subsequently sold its interest to RPI Carlsbad in 2015; and
WHEREAS, Brookfield Properties owns RPI Carlsbad; and
WHEREAS, on Oct. 17, 2017, the City Council approved the Real Estate Strategic Plan, which
recommended that the city pursue the lease or sale of the Parking Lots; and
WHEREAS, California Government Code Section 54221(b)(1) requires the City Council to
declare the Parking Lots to be “surplus land” or “exempt surplus land” before the City Council may
take action to dispose of the properties; and
WHEREAS, in 1981, Plaza Camino Real LP and the City entered into an operating agreement
which prohibits the City from altering the Parking Lots without Plaza Camino Real LP’s or its
successor’s (RPI Carlsbad) consent, and although the agreement will expire in 2031, the agreement
requires the City to either assume operation of the Parking Lots or solicit bids for another entity to
assume operation of the Parking Lots; and
WHEREAS, in 1978, Plaza Camino Real LP and the City entered into a parking easement
agreement that grants Plaza Camino Real LP and the shopping center’s major tenants easements for
vehicle parking over the portions of the Parking Lots adjacent to the major tenants’ stores; and
WHEREAS, in 1978, Plaza Camino Real LP and the City entered into a reciprocal easement
agreement that requires there be at least five parking spaces per 1,000 feet of planned floor area in
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the shopping center and also requires the grant deeds conveying the Parking Lots to the Parking
Authority or the City to include a restriction requiring the Parking Lots to be used for municipal
parking and, if not, allowing Plaza Camino Real LP or its successor (RPI Carlsbad) to terminate the
Parking Authority’s or City’s interest in the Parking Lots and reenter the property; and
WHEREAS, as contemplated by the reciprocal easement agreement, the various grant deeds
from Plaza Camino Real LP contain deed restrictions limiting the use of the Parking Lots to municipal
parking and contains a reversionary interest clause whereby failure of the city to maintain the
properties as a municipal parking lot shall cause the properties to revert back to the original grantor
or the grantor’s successor or assign (RPI Carlsbad); and
WHEREAS, Plaza Camino Real LP required the restrictions as a condition of the conveyances to
the City to ensure adequate parking for the shopping center, and those restrictions are also wholly
consistent with the bond financing provided under the Parking Law of 1949 to acquire the Parking
Lots; and
WHEREAS, RPI Carlsbad’s predecessor recorded the requisite notice to preserve the
restrictions until 2038 and RPI Carlsbad has the ability to record another notice to preserve the
restrictions until 2068; and
WHEREAS, the shopping center’s major tenants also have interests in the Parking Lots through
easements and agreements to which the City’s interests in the Parking Lots are subordinate and
which may prevent the City from allowing development of the property without their consent; and
WHEREAS, Brookfield has reiterated to the City that only the parties to the original
agreements have the legal ability to release the restrictions on the use of the Parking Lots, and that
RPI Carlsbad is unwilling to agree to release the restrictions unless the City negotiates a sale or lease
directly with them; and
WHEREAS, RPI Carlsbad, through Brookfield, has informed the City in writing it is unwilling to
relinquish its power of termination to allow development of the property without its consent; and
WHEREAS, California Government Code Section 54221(f)(1)(J) defines “exempt surplus land”
to include surplus land that is subject to valid legal restrictions that are not imposed by the local
agency and that would make housing prohibited, unless there is a feasible method to satisfactorily
mitigate or avoid the prohibition on the site; and
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WHEREAS, pursuant to the Surplus Land Act Guidelines issued by the California Department of
Housing and Community Development, any determination by a local agency that its surplus land is
exempt from the Surplus Land Act must be provided to the department for its review at least 30 days
prior to disposition; and
WHEREAS, the Department of Housing and Community Development has reviewed this
resolution and informed the City of Carlsbad that the Parking Lots may be declared exempt surplus
land pursuant to California Government Code Section 54221(f)(1)(J).
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.This proposed action to declare the property as “exempt surplus land” is exempt from
environmental review under California Environmental Quality Act Guidelines Section
15061(b)(3) and 15378(b)(5) as it can be seen with certainty that there is no possibility
the proposed action may have a significant effect on the environment.
3.That the City Council of the City of Carlsbad declares, the Parking Lots “exempt surplus
land” under California Government Code Section 54221(f)(1)(J).
4.That the City Council of the City of Carlsbad authorizes the City Manager, or designee,
to submit a copy of this resolution to HCD in accordance with the current Surplus Land
Act Guidelines.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City
of Carlsbad on the 24th day of June, 2025, by the following vote, to wit:
AYES: Blackburn, Bhat-Patel, Acosta, Burkholder, Shin.
NAYS: None.
ABSTAIN: None.
ABSENT: None.
______________________________________
KEITH BLACKBURN, Mayor
______________________________________
SHERRY FREISINGER, City Clerk
(SEAL)
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