HomeMy WebLinkAbout1996-01-09; City Council; Resolution 96-21
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RESOLUTION NO. 96-2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD APPROVING AMENDMENTS TO
APPROVING TENTATIVE CANCELLATION OF THE
WILLIAMSON ACT CONTRACT ON PORTIONS OF
LAND TOTALING APPROXIMATELY 179.11 ACRES
COVERED BY WILLIAMSON ACT CONTRACT
PORTIONS OF THE RESEARCH AND
WILLIAMSON ACT CONTRACT NUMBER 76-1 AND
NUMBER 76-1 AND GENERALLY DESCRIBED AS
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DEVELOPMENT/OFFICE, LEGOLAND, RESORT, AND
SPECIALTY RETAIL PLANNING AREAS AND LEG0
DRIVE OF THE CARLSBAD RANCH SPECIFIC PLAN
207(A).
CASE NAME: CARLSBAD RANCH/LEGOLAND
SPECIFIC PLAN AMENDMENT
CASE NO: AP 76-01(D)
WHEREAS, the Carlsbad Ranch Specific Plan Amendment (the “Spe
Plan”) was approved by the City Council of the City of Carlsbad (the “Council”) on t
16th day of January , 1996, by Ordinance No. NS-344 ; and, the Carl,
Ranch Specific Plan Amendment Program Environmental Impact Report (the “EIR)
certified by the Council on this 9th day of January , 1996, by City Coi
Resolution No. 96-1 , and the Statement of Overriding Considerations and Mitiga
Monitoring Program was adopted by the Council on this 9th day of January
1996, by City Council Resolution No. (collectively, the “certified EIR’). 96-1
WHEREAS, development contemplated by the approved Specific Plan
“Project”) provides for an integrated whole inclusive of agriculture at The Flower Fic
golf course, open space, education, LEGOLAND, resort, specialty retail, and research
development/office uses.
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WHEREAS, the Project’s approximately 447.4 acres include the 328.84
Agricultural Preserve Number 76-1, established by Resolution 76-3851 of the Counc
recorded in the Office of the County Recorder of San Diego County (the “Recor
Office”) as Document Number 76-059757 on March 1, 1976.
WHEREAS, the then current landowner and the City of Carlsbad en1
into Williamson Act Contract Number 76-1, (the “Contract’’), recorded in the Recor
Office on March 1, 1976, as Document Number 76-059758. The Contract was ame
by that certain First Amendment to Land Conservation Contract recorded on May 7,
in the Recorder’s Office as Document Number 93-0286978; that certain Se
Amendment to Land Conservation Contract recorded on December 29, 1988 in
Recorder’s Office as Document Number 88-672971; and that certain Third Amend1
to Land Conservation Contract recorded on April 21, 1993 in the Recorder’s Offic
Document Number 93-0243908. The Contract and said Amendments are on file wit1
City of Carlsbad.
WHEREAS, a Notice of Nonrenewal has been served for all parcels wj
the Agricultural Preserve, as evidenced by Document Number 91-0514607, recorded ir
Recorder’s Office on October 4, 1991.
WHEREAS, a Petition for Tentative Cancellation for portions of 1
depicted in Exhibit “A dated January 9, 1996, attached hereto (the “cancellation lan
subject to Contract Number 76-1 was submitted to the City of Carlsbad by Ca
Company, a California limited partnership, (the “applicant”) the then current landov
of the land depicted in the Petition as Williamson Act land to be removed from Coni
(the “cancellation lands”).
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WHEREAS, a request for further amendment of the Contract and o
boundary of Agricultural Preserve Number 76-1 was submitted to the City of Carlsba
the current landowners of the lands covered by the “Contract” on December 20, 19!
WHEREAS, the alternate uses proposed by the applicant inc
commercial, office/industrial, resort, educational, and themepark uses described ir
approved Specific Plan Amendment and the certified EIR.
WHEREAS, pursuant to Section s 15162 and 15168 of the Stat
California Environmental Quality Act (“CEQA) Guidelines, the City of Carlsbad
reviewed the proposed request for amendment of Williamson Act Contract and tent
cancellation on portions of land totaling approximately 179.11 acres thereunder anc
determined that the contract amendment is exempt form CEQA pursuant to Sec
15061(b)(3) of the Guidelines and that the tentative cancellation request is within
scope of the approved Specific Plan, and that the certified program EIR adequ;
describes the associated potential impacts and mitigation measures and no
environmental documentation is required for the purposes of CEQA.
WHEREAS, on this 16th day of January, 1996, the City Council apprc
the Project’s proposed alternate uses as described in the Specific Plan by adopting
Council Ordinance No. NS-344 approving the Specific Plan; and on this 9th da
January, 1996, adopted City Council Resolution No. 96-1 amending the City of Carl
General Plan.
WHEREAS, the City of Carlsbad has caused to be published a Notic
Public Hearing pursuant to California Government Code Section 51284, 15168, and 6
has caused the Public Notice to be posted on the lands proposed for cancellation, anc
mailed a Notice of Public Hearing and a copy of the Petition to the Director ol
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California State Department of Conservation and certain landowners pursuar
California Government Code Section 51284.
WHEREAS, the City Council of the City of Carlsbad held a public he;
on the 9th day of January, 1996, to take public testimony and consider the reques
Contract and Agricultural Preserve boundary amendment and tentative partial cancella
WHEREAS, the City has formally requested by letter of September 20,3
that the San Diego County Assessor certify to the City of Carlsbad the full market \
of the cancellation lands for purposes of calculating the cancellation fee pursuam
Government Code Section 51283. The cancellation fee shall be calculated by the
pursuant to Section 51283 and certified to the County Auditor, based upon the numb(
acres being canceled and the cancellation value per acre finally certified to the Cil
Carlsbad by the County Assessor.
WHEREAS, by letter of October 23,1995, to the City, the County Asses
pursuant to Government Code Section 51283, certified the current fair market value
the 182.49 acres for which cancellation was requested under California Land Conserva
Act Contract No. 76-1 as $14,300,000.00; and
WHEREAS, the cancellation fee is 12.5% of the certified current fair ma.
value for the area proposed for cancellation; and
WHEREAS, the acres for which cancellation is sought has been redu
from 182.49 acres to 179.11 acres based on the dedication of 3.38 acres of Armada D
which were dedicated as a public improvement on Final Map Number 13215, approve1
the City of Carlsbad and recorded on June 30, 1995, as File Number 95-027769.
WHEREAS, the applicant, by letters of November 9, 1995, and Decem
15, 1995, to the County Assessor, has asked that reconsideration be given to the
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market value of only two of the five parcels involved, Assessor's Parcel Number 21 1-02
and Assessor's Parcel Number 211-023-06 for the reasons contained in said le
("Informal Appeal"); and
WHEREAS, Government Code Section 51203 provides that the curren.
market valuations referred to in Government Code Section 51283 relating to
certification shall be subject to appeal to the County Board pursuant to Revenue &
Code Section 1604 ("Formal Appeal"); and
WHEREAS, the current fair market value certified by the County Asst
by letter of October 23, 1995, might be subject to readjustment and final certificl
pursuant to the Informal Appeal and/or a Formal Appeal pursuant to Government C
Section 51203, if necessary; and
WHEREAS, the City and Applicant desire to move forward with
tentative cancellation at this time with the understanding that the certificate of
cancellation will not be executed until there is a final determination and final certifica
of this current fair market value subject to applicant's rights to waive its requesi
reconsideration under the Informal Appeal or under the Formal Appeal.
3 NOW, THEREFORE, BE IT RESOLVED by the City Council of the
of Carlsbad, that the Fourth Amendment to the Land Conservation Contract attac
hereto as Exhibit "B", dated January 9, 1996, is hereby approved.
NOW, THEREFORE, BE IT FURTHER RESOLVED by the City Cot
of the City of Carlsbad, that the Findings attached hereto as Exhibit "C", dated Jam
9,1996, are the Findings of the City Council of the City of Carlsbad regarding William
Act Contract Cancellation for Portions of the Carlsbad Ranch Specific Plan Amendn
Planning Areas and reflect the City Council's independent judgment.
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NOW, THEREFORE, BE IT FURTHER RESOLVED by the City Coi
of the City of Carlsbad, that the Tentative Cancellation of the Contract with respect tc
cancellation lands is hereby approved based upon the Findings attached hereto as Ex
“C” dated January 9, 1996.
NOW, THEREFORE, BE IT FURTHER RESOLVED by the City Coi
of the City of Carlsbad that as a condition to the execution of the certificate of
cancellation the certified current fair market value per acre by APN will either bc
amount contained in the October 23, 1995, letter from the County Assessor attac
hereto as Exhibit “D”, dated January 6,1996, or such lessor amount that may be prov
in a revised letter from the County Assessor in response to the applicant’s reconsidera
letters of November 9, 1995, and December 15, 1995, or by order of the Board purs
to Government Code Section 51203 and that the cancellation fee shall be based upor
cancellation valuation of the property as finally determined and finally certified by
County Assessor or the Board pursuant to State law.
NOW, THEREFORE, BE IT FURTHER RESOLVED, by the City Coi
of the City of Carlsbad that the certified current fair market value for the portions of
being cancelled under California Land Conservation Act Contract No. 76-1 is determ
and certified to the County Auditor to be either $14,088,916.00 as based on 179.11 a
and the value per acre by APN provided in the October 23, 1995, letter of the Co
Assessor or the lower readjustment and finally certified amount as so determined bj
County Assessor upon review after the Informal Appeal or by the Board pursuar
Revenue and Taxation Code Section 51203, the Formal Appeal.
NOW, THEREFORE, BE IT FURTHER RESOLVED by the City Coi
of the City of Carlsbad, that the attached Conditions to Final Cancellation are as listc
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Exhibit "E dated January 9, 1996, attached hereto and are hereby approved.
NOW, THEREFORE, BE IT FURTHER RESOLVED by the City Co
of the City of Carlsbad, that the Certificate of Tentative Partial Cancellation Pursua
the California Land Conservation Act of 1965, attached hereto as Exhibit "F", d
January 9,1996 is hereby approved.
NOW, THEREFORE, BE IT FURTHER RESOLVED by the City Co
of the City of Carlsbad, that upon the issuance of a Certificate of Final Partial Cancell;
for any portion of the Contract, the boundaries of the Agricultural Preserve sha
automatically amended to exclude the land for which the Certificate of Final PI
Cancellation has been issued.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Council of the City of Carlsbad, California, on the 9th day of January, 1996, b!
following vote, to wit:
AYES: Council Members Lewis, Nygaard, Kulchin, Finnila and
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
L. RAUTENKRANZ, Ci
(SEAL)
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EXHIBIT ‘I 0 0 JANUARY
C R R 1TRS
I@ cornmnv
na-n-qt 8-q
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July 1, 1994 JUL 0 5 1994
CITY OF CARLSEA9 PUNNING DEm. City of Carlsbad
2075 Las Palmas Drive
Carlsbad, CA 92009-4859
Attn: Martinorenyak
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Community Development Director
Carb bad Ranch - Amiculturd Preserve No. 761 RE:
Dear Mr. Orenyak:
Pursuant to Section 10 of the Land Conservation Contract, dated February 10, 1976, and Sectio
51282 of the Government code, we hereby petition the City Council for cancellation of th
contract on the land identified on the attached map (Exhibit A). The proposed specifie
alternative use is visitor-oriented mixed use, with specialty family oriented park, lodging, m~
ancillary facilities, generally illustrated by the attached project documents (Exhibit B). A lis
of the government agencies known by us to have permit authority related to the propose
alternative use is also attached (Exhibit C).
Please let us know if you require any fuIthcr information hrn us for this petition to be deemet
complete. Thank you for your consideration.
Very truly yours,
CARLTAS COMPANY
. Calkins
CCC/jp
Enclosures
5600 AVENIOA ENCINAS SUITE 100 CARISBAD, WFORNIA 92008 U.S.A
EXHIBIT A a 0 .---
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CARLSBAD RANCH: WILLIAMSON ACT LANDS
Non-Williamson Act Lads
121.94
Williamson Act Lands Remaining Under Contract
146.35
Williamson Act Lands to be Removed from Contract
d79.11
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Exhibit B
Carlsbad Ranch Specific Plan
(Draft of July 1994)
Filed separately with Community Development Department
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EXHIBIT C
KNOWN ISSUING AGENCIES AND PERMITS REGION
PERMI"G AGENCIES:
1. CITYOFCARLSBAD
e BUILDING AND GRADING PERMIT
e SPECIFIC PLAN AND RELATED IMPLEMENTING MATTERS
2. CALIFORNIA COASTAL COMMIsSION
e
e LOCAL COASTAL PLAN AMENDMENT
COASTAL DEVELOPMENT mRMlT (GRADING/FINAL MAP)
EXHIBIT 0 0 January 9,19
RECORDING REQUESTED BY AND )
WHEN RECORDED MAIL TO: 1
)
City Clerk 1
CITY OF CARLSBAD 1
1200 Carlsbad Village Drive 1 Carls bad, CA 92008-1 989 1 1
Space above this line for Recorder’s use
FOURTH AMENDMENT TO LAND CONSERVATION CONTRACT
(Agricultural Preserve 76-1)
This Fourth Amendment to Land Conservation Contract (this “Amendment
is made as of , 1996, by and between Carlsbad Ranch Company, L.P
a California limited partnership, Carlsbad Estate Holding, Inc., a California corporatior
and CB Ranch Enterprises, a California corporation (collectively, “Owner”) and the Cit
of Carlsbad, a municipal corporation (the ‘City”), with respect to the Recitals set fort
below.
RECITALS
A. Carltas Company, a California corporation (“Carltas”), and the Cib
entered into that certain Land Conservation Contract, dated February 26, 1976, anc
recorded on March 1, 1976, in the Office of the County of San Diego Recorder a
Document Number 76-059758, pursuant to the provisions of the Land Conservation Ac
of 1965; as amended by that certain First Amendment to Land Conservation Contract
dated December 15, 1987, and recorded on May 7, 1993, in the Office of the County o
San Diego Recorder as Document Number 93-0286978; as further amended by tha
certain Second Amendment to Land Conservation Contract, dated December 23,1988
and recorded on December 29, 1988, in the Office of the County of San Diego Count)
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Recorder as Document Number 88-0672971; and, as further amended by that certa
Third Amendment to Land Conservation Contract, dated April 12, 1993, and recorded c
May 21, 1993, in the Office of the County of San Diego Recorder as Document Numb
93-0243908, (the “Contract”).
9. Owner is the current owner of the land subject to the Contract an
Carltas’ successor in interest under the Contract.
C. Owner and the City now desire to further amend the Contract 1
conform to current statutory provisions of the Williamson Act as set forth below.
NOW, THEREFORE, Owner and the City agree to amend the Contract i
follows:
1. Section 10 of the Contract is amended in its entirety to read:
Section 10. CANCELLATION. (a) This Agreement may b
canceled only by mutual agreement of the Owner and City pursuant to Section 5128
of the Act (Government Code) when, after a public hearing has been held in accordanc
with the provisions of Section 51284 of the Act (Government Code), the City Counc
finds either: (1) that the cancellation is not inconsistent with the purposes of the Act; c
(2) that the cancellation is in the public interest.
(b) This Agreement shall not be canceled until the cancellatio
fee specified in Section 51283 has been paid, unless such fee or portion thereof i
waived or deferred pursuant to subdivision (c) of that section.
(c) References in this paragraph 10 to the Act and to sections c
the Act (Government Code) are to the Act and sections of the Act (Government Cod€
as they exist upon the date of the adoption of this Amendment.
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2. Section 12 of the Contract is amended to strike, “CONTRACT BID
SUCCESSORS.”, and to add, “CONTRACT BINDS SUCCESSORS.”
3. Pursuant to Section 16, NOTICE, of the Contract, notice to OWNEI
shall be addressed as follows:
Carlsbad Ranch Company L.P., a California limited partnership
5600 Avenida Encinas, Suite 100
Carlsbad, CA 92008
CB Ranch Enterprises, a California corporation
5600 Avenida Encinas, Suite 106
Carlsbad, CA 92008
Carlsbad Estate Holding, Inc., a California corporation
5600 Avenida Encinas, Suite 130
Carlsbad, CA 92008
IN WITNESS WHEREOF, Owner and the City have executed thic
Amendment on the date set forth below.
“0 W N E R”
CARLSBAD RANCH COMPANY L.P., a California limited partnership
By: CARLTAS COMPANY, a California limited partnership, Its General Partner
By: CARLTAS MANAGEMENT, a California corporation, Its General Partner
By:
Christopher C. Calkins, President
CB RANCH ENTERPRISES, a California corporation
By:
Christopher C. Calkins, Vice-president
CARLSBAD ESTATE HOLDING, INC., a California corporation
By:
Todd J. Anson, Secretary
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“CITY”
CITY OF CARLSBAD, a municipal corporation
By: Date:
Claude A. Lewis, Mayor
EXHIBI’ a 0 January 9,1
FINDINGS OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORN
APPROVING TENTATIVE CANCELLATION OF A WILLIAMSON ACT CONTRA
PORTIONS OF LAND TOTALING APPROXIMATELY 179.1 1 ACRES COVER
PORTIONS OF RESEARCH AND DEVELOPMENT/OFFICE, LEGOLAND, RESOR
SPECIALTY RETAIL PLANNING AREAS OF THE CARLSBAD RANCH SPECIFIC
207(A)
WILLIAMSON ACT CONTRACT NUMBER 76-1 AND GENERALLY DESCRIE
1. INTRODUCTION
The City Council of the City of Carlsbad hereby makes the following Findings concerning the
cancellation for portions of land under Land Conservation Contract Number 76-1 recordec
Number 76-059758 on March 1, 1976, by the County Recorder of the County of San Diegc
amended by a First, Second, Third, and Fourth Amendment recorded by the County Recordr
County of San Diego as Document Numbers 93-0286978, 88-672971, and 93-0243908, resp
The land is situated in Agricultural Preserve No. 76-1, created by City of Carlsbad City
Resolution 3851 and recorded by the County Recorder of the County of San Diego as File 76-
A. LOCATION OF CONTRACTED LAND
The proposed cancellations are pursuant to the Williamson Act (California Governme
Section 51200 et seq.) and are for those portions of the Carlsbad Ranch Specific Plar
listed by County of San Diego Assessor’s Parcel Numbers on Attachment A and der
Attachment B. The areas listed and depicted are included in those areas describe(
Specific Plan as: the Resort Planning Area, a portion of the LEGOLAND Planning
portion of the Research and Development/Office Planning Area, and a portion of the S
Retail Planning Area. These Planning Areas are listed in Attachment C and further del
Attachment D, and are more fully described in the following documents to be approvec
City Council, concurrently with the making of these Findings: (1) the Carlsbad Ranch
Plan Amendment 207(A) (the “Specific Plan”); (2) the Carlsbad Ranch Spec3
Amendment Final Program Environmental Impact Report (the “EIR”), and (3) the Gene
Amendment 94-03. The acres requested for cancellation are slightly less than the 182.~
noted in the EIR. This is due to the dedication of a portion of Armada Drive as i
improvement. Approximately 3.38 acres of Armada Drive were dedicated as
improvements on Map No. 13215, recorded on June 30, 1995, as File Number 95-027769
dedication on the Final Map was the ministerial action that was provided in Tentative 1
92-07. By dedication for public improvement, the 3.38 acres were removed from William
contract.
Development as contemplated by the Specific Plan is referred to herein as the “Projel
Project site consists of approximately 447.4 acres. The Agricultural Preserve currently
of approximately 328.84 acres within the Project. Existing contracts cover approximately
acres or the preserve amount less the 3.38 acres which were dedicated for public impro
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B.
A Notice of Nonrenewal for all parcels within the Preserve was recorded by the County
Cancellation is proposed for a portion of the land covered in the Notice of Nor
specifically: approximately 47.86 acres in the Resort Planning Area; approximately 2 1
in the Research and Development/Office Planning Area; approximately 93.3 5 acrc
LEGOLAND Planning Area; and, approximately 15.95 acres in the Specialty Retail
Area. Remaining land within the Project is either: (1) not within the Agricultural Pres
therefore, not covered by a Williamson Act contract; (2) within the Agricultural Pres
currently covered by a Williamson Act contract, but for which contract terminatior
through nonrenewal expiration rather than immediate cancellation; or (3) within the Agi
Preserve but not currently covered under contract due to public dedication by recorda
Final Map. See Attachment E for depiction of land requested for cancellation, land rt
under contract until expiration, and land not under contract.
Unless otherwise stated, all Sections herein refer to the California Government Code.
STATUS OF WILLIAMSON ACT CONTRACT IN PROJECT
of the County of San Diego on October 4, 1991, as Document Number 914
11. FINDINGS PURSUANT TO STATUTE
Section 51282 provides as follows:
(a) The landowner may petition the Board (of Supervisors) or (City) Council (whic
applicable) for cancellation of any contract as to all or part of the subject lan
Board or Council may grant tentative approval for cancellation of a contract o
makes one of the following findings:
(1)
(2)
That the cancellation is consistent with the purposes of this chapter; or,
That cancellation is in the public interest.
A. FINDINGS PURSUANT TO SECTION 51282(b) - SUBFINDINGS REGA
CANCELLATION CONSISTENCY WITH THE PURPOSES OP THE WILLLA
ACT
Pursuant to Section 51282(b), cancellation of a contract shall be consistent with the purl
the Williamson Act if the Board or Council makesaJ of the following subfindings:
Section 51282 (b)(l): That cancellation is for land on which a Notice of Nonrenewal 1
served pursuant to Section 5 1245.
Section 51282(b)(2): That cancellation is not likely to result in the removal of adjace
fiom agricultural use.
Section 51282 (b)(3): That cancellation is for an alternative use that is consistent \
applicable provision of the city or county general plan.
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Section 51282 (b)(4): That cancellation will not result in discontiguous patterns I
development.
Section 51282(b)(5): That there is no proximate noncontracted land that is both avai
suitable for the use to which it is proposed the contracted land be put, or that developmc
contracted land would provide more contiguous patterns of urban development than dew
of proximate noncontracted land.
1. SECTION 51282(b)(1) - THAT CANCELLATION IS FOR LAND ON WHICH P
OF NONRENEWAL HAS BEEN SERVED.
Cancellation is for land on which a Notice of Nonrenewal has been served, as evidc
Document Number 91-0514607, recorded in the Office of the County Recorder of Ss
County on October 4, 1991.
(a) Notice Of Nonrenewal Has Been Recorded For Land Requested For Cancellatic
Cancellation is for land on which a Notice of Nonrenewal has been given PUI
Section 51245. Specifically, the Notice of Nonrenewal was given for all lar
in the Office of the County Recorder of San Diego County on October 4, 1991
Contract Expiration Dates For Land Not Requested For Cancellation
For land not requested for cancellation, the contract will remain in effect until
1,200 1, for land in the Open Space Area, GIA Expansion Area and a portion of 1
Course Planning Area, and until January 1, 2006, for The Flower Fields Planni
and a portion of the Golf Course Planning Area. The later date of expiration
within The Flower Fields Planning Area and a portion of land within the Golf
Planning Area occurs because that land was added to the Agricultural Preserve
and 1988 as part of a “land swap” in the First Amendment and the Second he
respectively, to the original agricultural contract. Those swaps were pursuant to
51257, which required a 15 year initial contract term for land entered under
pursuant to the swap provision.
Contract Expiration Dates If Contracts Not Canceled
For the Resort, LEGOLAND, and Research/Development and Office Planning A
requested for cancellation, under the current Nonrenewal term without cancellat
contract would remain in effect until January 1,200 1. For the Retail Planning A
requested for cancellation, under the current Nonrenewal term without cancellat
contract would remain in effect until January 1, 2006. The later date of expira
this land results from it being added as part of a land swap in the 1988
Amendment to the Contract; that swap required a 15 year initial contract term.
Alternative Uses Could Not Have Been Foreseen In Time To Allow Contracts Tc
Under Nonrenewal
Contract Number 76-1, as evidenced by Document Number 91-0514607, I
(b)
(c)
(d)
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In the late 1980’s, the landowner foresaw changing conditions affecting agriculhu:
The landowner’s and the city’s response was to seek reconfiguration of the ca
maximize both the agricultural and development areas of Carlsbad Ranch. ‘
accomplished by the First and Second Amendments to the contract in 1987 a:
respectively.
In 1991, the landowner initiated the Notice of Nonrenewal to begin phasing
Williamson Act contract restrictions. At the same time, the landowner, together
City, began planning the area for fhture development through the Carlsbad Ranch
Plan 207. Even at the time that the contracts were nonrenewed in 1991, the ow
not have foreseen the uses provided in the Project, as planned through the Spec
Amendment 207(A), since LEGOLAND’s national site search and site selection
later. As late as 1994, the use of the site for the proposed Project was in doubt
of a pending local vote on the Project.
.
2. SECTION 51282(b)(2) - THAT CANCELLATION IS NOT LIKELY TO RESULT
REMOVAL OF ADJACENT LANDS FROM AGRICULTURAL USE.
Cancellation is not likely to result in the removal of adiacent lands from agriculture becat
outside the Pro-iect, there are no agricultural areas adiacent to the Proiect that the Pro
cause to be converted from agriculture or from uses compatible with agriculture; (2) w
Pro-iect, cancellation will have positive consequences for the most viable and highesl
agricultural lands: (3) within the Proiect, cancellation and coordination with the C
proposed possible municipal golf course may result in the preservation of open spa
conversion of agricultural land to a golf course, a use compatible with agricultural I
according to both the statutes and the contract; and (4) within the Proiect, the convc
research and development/office and commercial uses of noncontracted land currently
agricultural pwp oses is a result of the existing Specific Plan 207, not the Speci
Amendment or this cancellation.
Further, pursuant to Section 51282 (d), the existing agricultural use is uneconomic, and
no other reasonable or comparable agricultural use to which the land may be put.
(a) Adjacent Lands Outside the Project
The EIR states the following. See EIR, pages 5.1-15:
Implementation of the proposed project would not result in indirect im
agricultural lands off-site, or in the early conversion of agricultural lands
The project site is an isolated “island” of agriculture surrounded by existir
uses. There are no major areas of agriculture within the near vicini?
project site that would be indirectly impacted by the proposed project as
of fragmentation or reduction in overall economic viability. There
Williamson Act preserves or lands zoned for agriculture surrounding the
site.
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Further, the EIR provides on pages 7-4 , 7-5, and 7-9:
... Additionally, the project will not result in the fragmentation of agricub
which would impact the viability of adjacent farmland ....
... The project in and of itself will not create a trend for the conversion
agricultural lands to urban uses ...
... existing pressures already are creating a demand for conversion of ag
to urbanized uses. The site is located within an urbanized City, ne
existing and proposed circulation networks (1-5, Palomar Airport Road an(
Road). Existing and continued economic conditions and environmental re,
discourage the continued agricultural operations.. .
Attachment F is a regional map of the area around Carlsbad Ranch; it is taken
Specific Plan. Attachment G is the Department of Conservation map of I1
Farmland Surrounding the Project; the map is included as Figure 5-1 in the EIF
attachments provide a reference for the following discussion of farmlands ou
Project:
(1) San Diego Gas & Electric (SDG&E) Site North of the Project
Directly adjacent to the Project, the only land mapped or used for agric
the land north of the Project, at the SDG&E site. This land is zoned publi
but its General Plan land use designation is travelhecreation, commen
open space. See EIR page 7-5 for discussion of the SDG&E site. Althc
land beneath the power lines is currently used for agricultural uses, the 1a1
has committed to seek approvals for future urban use in several ways:
(i) Participation in the Cannon Road Assessment District and contrib
the development of the infrastructure which would accompan
development.
In June 1988, SDG&E issued a Request for Proposal (RFP) for
ground lease and development of a portion of its site for cornel
recreational uses. In late 1988, SDG&E accepted a development F
which later was terminated.
(ii)
(iii) Under this Project, approximately 21.16 acres of the SDG&E
proposed for conversion from agriculture to 2 holes of a golf
which will connect with the 7 holes in the Golf Course Planning
this Project. Golf course uses are compatible and interchangeal
agricultural uses for Williamson Act purposes (see (b)(2) below).
the conversion of this agricultural land to golf course uses is cool
with, and may be feasible only in conjunction with, the City’s p
municipal golf course directly east of the Project. In June 1989, thl
of Carlsbad approved Proposition G, authorizing in excess of $1
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for the planning, development, and construction of new rec
facilities. As a result of the approval of Proposition G, the
acquired a total of 250 acres directly to the east of Carlsbad R
development of an 18 hole municipal golf course.
Recently, the City of Carlsbad approved a Request for Proposal (
development of a municipal golf course, including a 27 hole op
linkage between the City’s 18 hole municipal course and the
proposed in Carlsbad Ranch and on the SDG&E site north of 1
Ranch. The RFP states the following:
The City wishes to emphasize the first priority is develol
a high quality 18 hole public/daily fee golf course project.
City’s intent to accommodate the 9 additional holes of
“resort level” golf in a manner and schedule that
complementary and advantageous to the managem
economics of the publiddaily fee golf course.
Therefore, there is evidence that the SDG&E parcels have been co
to future development and conversion from agriculture, independei
Project’s proposed Williamson Act contract cancellation.
Further, the Carlsbad Ranch Specific Plan Amendment’s 1
buffering techniques will protect against encroachment of deve
upon any present agricultural uses of the adjacent land. See El
5.7-8 and 5.7-9 for discussion of compatibility with off-site land
buffering techniques.
(2) Prime Agricultural Land in Area
According to the City of Carlsbad Planning Department 1992 Report, “Agi
in Carlsbad Today and Implications for the Future” (the “Report”), quote
EIR, there is very little prime agricultural land in Carlsbad. Carlsbad I
one of five sites within the City. See EIR page 5.1-1 for listing of the fi
The nearest other such land is approximately 4 miles inland, the Bressi It
the southeast corner of Palomar Airport Road and El Camino Real.
The Carlsbad Ranch Project will not effect continued agricultural prod1
that site, which is already subject to urban pressures due to its being ad:
new housing developments, office and industrial projects, the McClellan
Airport, and major circulation corridors. The project is directly adjacei
Carrillo Ranch project, a 690 acre residential development. Thus, this
would have no effect on any adjacent prime agricultural land.
Other Adjacent Land Mapped as Farmland
Directly to the east of the Project is a portion of the city’s municipal go1
site. The site fronts Palomar Airport Road from the eastern side of the
(3)
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across College Boulevard. The site includes areas noted on Attachment G
Importance and Other Land. However, before acquisition by the city in C
1994, the land had an approved subdivision map and was zoned for o
industrial uses.
Directly to the east of the Project, north of the area discussed abov
remaining portion of the city’s municipal golf course. The site incluc
noted on Attachment G as Other Land and as Statewide Significance. BI
city acquired the property recently in a foreclosure sale, it had an E
subdivision map and was zoned for office and industrial uses. North of
there are two large city approved developments: (a) College Business I
85-17) is a 110 acre industrial park north of Palomar Airport Road bet
and El Camino Real; and (b) Cal Communities (CT 83-30) is a 433 acre
community adjacent to El Camino Real and Agua Hedionda Lagoon.
Directly to the south of the Project, the land indicated on Attachment G
Importance is now developed as a retail site (Price Club).
On the south side of Palomar Airport Road, east of College Boulevard, Att
G indicates land designated as Local Importance and Other Land. Howc
area has an approved master plan for single family residential (Cob
Village, CT 84-32A).
Therefore, there are no adjacent prime or nonprime agricultural lands 0~
Project that would be removed from agriculture or uses compatil
agriculture due to this Project’s contract cancellation.
(b) Adjacent Lands Within the Project
Cancellation of the contract on some portions of the Project will not cause the
of other lands within the Project from either agricultural uses or uses compatil
agriculture. In fact, cancellation of contracts to achieve the development of the
will result in a more lasting preservation of agricultural usage on that land most
to sustained agriculture, considering both soil conditions and economics. The fc
discusses each segment of the Project:
(1) Agricultural Land in Carlsbad Ranch Subject to Regional Factors Neg
Continued Field Production
Agriculture in San Diego County has been affected by availability and
water, urbanization, and international competition, among other facto]
agricultural lands in Carlsbad, and within Carlsbad Ranch, have been s
affected.
According to the City’s Report, cited above, the principal limiting f
Carlsbad has been the availability of water at competitive prices. Carlsba
has the capability for reclaimed water, but the cost of that water is the sm
potable, so the advantage of reclaimed water is availability, not price.
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prices have a significant impact on agriculture in San Diego Count
November 199 1 report, “Carlsbad Ranch Agricultural Plan” prepared bl
Investment Services, Inc. (contained in the Technical Appendices for EIR
the landowner, water costs are compared to Williamson Act tax advant:
Classification of lands under the Williamson Act’s regulations
modest tax relief for the production of crops. However, in Sz
County, the cost of agricultural water and the ability to have ar
supply of water is considerably more important than tax issues ...
The EIR notes the difficulties of high water prices and fragmentation of
( See EIR page 5.1- 3):
... In recent years increasing water rates have forced many 1
growers out of business on the project site ...
Urbanization has also affected agriculture, with regard to crime, dust an
crop injury from air pollution, and farm road congestion. Carlsbad Ranc
intersection of Interstate 5 and Palomar Airport Road, has experienced
constraints. In the last several years, there have been several complaii
homeowners and businesses in the area concerning agricultural spraying
1993-94 planting year, a resident of the mobile home park west of Intl
complained to both the landowners and the county about the agricultural s
No violations were found in the routine spraying. In 1995, there was
similar complaint from a worker at Pea Soup Andersen’s. In the past fe
there was minor vandalism on the property, and an illegal migrant proble
former packing shed. The property was fenced as a result of these prob
The economic factor of cheaper Mexican agricultural imports has i
farmland in Carlsbad, which has been devoted to beans, tomatoes, strav
and flowers. Especially in the vegetable and strawberry crops, Carlsbai
crops have been losing their traditional competitive advantage of a lor
earlier growing season. Increased labor and water costs have made the CI
competitive than imports. An example is the recent insolvency of Frazee 1
Inc. These trends have affected other farmland in the area, as well. 1
notes on page 5.1-3:
... The agricultural land on the project site is a remnant of what M
a much larger contiguous area of cropland. Fragmentation has (
due to development and the construction of the Interstate 5 Freew<
agricultural land was further fragmented as a result of the constru
Palomar Airport Road that forms a barrier to farm equipment accez
crops and the processing areas to the south of the project.
Much of the land on eastern slopes of Carlsbad Ranch has been used fc
farming, primarily strawberries and tomatoes, while the area west of the
most suitable to flower and bulb production. See Attachment H for a d
of recent crop use areas of Carlsbad Ranch. Since this depiction was pre]
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1991, Mellano has replaced Frazee in farming the western areas, inch
Flower Fields, and part of the northern area designated on this exhibit as ‘
Farm production has ceased in a portion in the middle of Carlsbad Ran
not under Williamson Act Contract. Part of this area is where the Ger
Institute is under construction. In addition, the packing shed indi
Attachment F is no longer in production.
(2) Most Cancellation is Proposed on Least Viable Agricultural Land
The land being converted to other uses on the Carlsbad Ranch is less agricultural
and most subject to the regional pressures discussed above. The Project was pl
preferentially select the less agriculturally viable lands for development. Mo
prime land in the Project is in The Flower Fields area and the golf course area
The areas proposed for contract cancellation are primarily in the eastern two thir
Project, and include the LEGOLAND Planning Area, the Resort Planning Area
Research and Development/Office Planning Area. In these areas, on the basis
climate, slope, and drainage, the land is either moderately suited or least s
agriculture, according to the “Carlsbad Ranch Agricultural Study”, a study don<
and Plant Lab in 1988 for the landowner. See Attachment I for an illustration f
study depicting Project areas most and least suited for agricultural uses.
Much of the land in this eastern portion of the Project has been farmed for :
vegetable production. However, approximately 50 acres in the southeastern portil
Project, within the LEGOLAND Planning Area, are not currently farmed as tl:
very thin and eroded, with steep terraces.
The soil analysis in the Soil and Plant Lab study varies somewhat from the Unitc
Department of Agriculture, Soil Conservation Service Important Farmlands Inven
“SCS Inventory”) designations, as depicted in EIR Figure 5-3. The SCS Inventor-
for prime land designation includes farming history as well as soil quality. BecaL
eastern areas have been used in recent history for farming fruit and vegetables, 1
is designated as prime, although the underlying soil is not a prime classification.
use for agriculture were discontinued, the SCS designation could then be down
Continued Agricultural Production is Not Economically Feasible and There is
Reasonable or Comparable Agricultural Use
Even without this Project, the landowner has indicated that it is likely that the use
lands for agriculture will be discontinued sometime in the future due to the e
unfeasibility of continued field crop operation. With urban encroachment and
factors, discussed above, it is not reasonable to convert the land to greenhouse
type of planting in the years remaining before expiration of the Williamson Act (
through nonrenewal. The EIR further states the following on page 5.1 - 12:
(3)
... During the past three years, the long-term viability of agricultural opers
the site has come into question as the principal grower (Frazee) liquids
private insolvency proceeding, and two other growers have not paid rer
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property, or have requested a subsidization. The primary problems associ;
these agricultural operations on-site is the basic inability to realize an
economic return from the sale of the field grown products .... In rece
increasing water rates have forced may vegetable growers out of busine:
project site. ..
The uneconomic character of agricultural uses is one of the factors considerec
cancellation request.
Project Will Provide Preservation of Sustainable Agricultural Usage on Land Mo:
For Agriculture, The Flower Fields
Proposed cancellation is a component of the overall Project that includes rn
elements to preserve the most viable agriculture in perpetuity. The western areas (
under cultivation, which are most suited to flower cultivation, will be continue1
Flower Fields. The 53 acre The Flower Fields Planning Area will be resb
agriculture by a deed restriction. The EIR provides the following on page 5.1-1
The existing land use provisions of the site provide for temporary preserk
the fields (both through the Williamson Act Contracts and existing
designations). The specific plan will provide economic support
infrastructure (including reclaimed water), and through product sales as a
visitor and tourist use of the site. The Specific Plan locates The Flower I
the lead activity for the visitor oriented project, which is supported
LEGOLAND Carlsbad, retail and lodging components.
(4)
In addition, the Specific Plan and EIR provide additional mitigation through reqi
of landscaped berms and walls to provide protective barriers to the agricultur
See Specific Plan, page 76 and EIR pages 5.7-7 and 5.7-8 for discussion of b
techniques.
The preservation of The Flower Fields could not be accomplished without the a
of the entire Project. Without that approval, the nonrenewed contracts would ex]
there would be no safeguards for preservation of the most valuable agricultural la
EIR page 6-31 for discussion of allowable development under existing Speci
designations.
(5) Golf Course is an Approved Compatible Use with Agriculture
Conversion of the adjacent contracted land from agricultural uses to golf course
the Project’s Golf Course Planning Areas is not considered “removal of adjac
from agricultural uses”, for three reasons. First, Section 51205 provides that 1
terms “agricultural land” and “agricultural use” are deemed to include land de7
recreational uses. Second, Section 1 of the Third Amendment to Land Consc
Contract 76-1, recorded as San Diego County Recorder Number 93-0243908, e:
includes in the list of compatible uses allowed on Carlsbad Ranch “public recr
uses (including golf courses).” Finally, the conversion of this agricultural land
course uses is coordinated with, and may be feasible only in conjunction with th
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planned new municipal golf course directly east of the Project. See discussic
interrelated golf course in Section 2(a)( 1) above.
Therefore, although there will be a conversion of adjacent contracted la
agricultural to golf course uses, the impetus for conversion is coordination T
action on adjacent lands, and the result of conversion will be a use that i:
allowed and sanctioned under the Williamson Act.
Open Space Use is a Use Compatible with Agriculture
The Project includes the Open Space Planning Area for 10.0 acres to be preservec
natural state. This area consists of steep slopes covered with native vegetation. 1
been used for agriculture. Uses permitted in this area are trails and a vista poi
Projects Includes Buffers as Mitigation
The Specific Plan Amendment includes substantial buffers and set backs to mit
effects of development of conversion. See EIR pages 5.7-7 through 5.7-9 for d
of on-site and off-site buffering.
Local Coastal Program (LCP) Mitigation Fee
California Public Resources Code Section 30171.5 requires payment of a mitig
for development on nonprime agricultural lands in the coastal zone. Within thc
Carlsbad, such mitigation fees are deposited in the State Coastal Conservancy F
are used for Carlsbad area conservation projects, as outlined in the statute. Fee
by the City Council at between $5,000 and $10,000 per acre of agricuh
developed. This fee is paid on all nonprime agricultural land whether or not it is
by a Williamson Act contract and in addition to any applicable William
cancellation fee.
Conversion of Use of Adjacent Noncontracted Lands within the Project Already A
under Existing Specific Plan
Within the Project, the conversion from agricultural to other uses is already app
the adjacent noncontracted lands by the existing Specific Plan 207. That i
Specific Plan allows and anticipates the development of 1.88 million square
commercial, and research and development/office on the noncontracted lands in tl
and on the western edge of the Project (see Attachment E for depiction of Agr
Preserve boundaries within the Project). Therefore, conversion from agriculturl
noncontracted lands within the Project is not caused by approval of this Pro
approval of cancellation requests in this Project.
(6)
(7)
(8)
(9)
(1 0) Conclusion
The requested cancellation of portions of the contract on some of the lea?
agricultural lands within the Project will allow the protection in perpetuity of 1
suitable land, i.e., The Flower Fields, for the most successful and sustainable agr
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uses. The conversion of some of the less suitable agricultural land to a golf cc
open space uses, is definitionally interchangeable with and physically an(
compatible with agriculture. In addition, the conversion to golf course is coordini
the city’s planned municipal golf course on land adjacent to the Project.
Some of the additional Project lands which will be removed from agriculture,
of the Research and DevelopmeniYOffice Planning Area and part of the Retail
Area, are already entitled for nonagricultural use by the existing Specific Plan
could therefore be developed regardless of this cancellation. Hence, the cancellal
not cause the conversion of these lands.
3. SECTION 51282(b)(3) - THAT CANCELLATION IS FOR AN ALTERNATI7
WHICH IS CONSISTENT WITH THE APPLICABLE PROVISIONS OF THE GE
PLAN.
Cancellation is for alternative uses which are consistent with the General Plan.
The alternative uses for which cancellation is sought are consistent with the City of
General Plan and the Carlsbad Ranch Specific Plan that is being amended concurrently
Council’s making of these Findings to establish consistency between the General Plan
Specific Plan.
The Specific Plan details areas of conformity between it and the City’s General PI;
Specific Plan, pages 8-12 for a discussion of the General Plan.
4. SECTION 51282(b)(4) - THAT CANCELLATION WILL NOT RESU:
DISCONTIGUOUS PATTERNS OF URBAN DEVELOPMENT.
Cancellation will not result in discontinuous patterns of urban development because thc
is an infill proiect.
According to the EIR, “The project site is an isolated ‘island’ of agriculture surroul
existing urban uses.” See EIR page 5.1-15. Further, as the project is located next to an
circulation system, “extension of infrastructure from Palomar Airport Road and Cannon R
not open new areas for development”. See EIR page 7-9.
This subfinding requires the canceled land to be generally contiguous to urban use in tl
term future. Because the statutory concept is “discontiguous patterns,” it does not requ
or immediate contiguity (ie., the canceled land need not physically abut presen
development on the date of cancellation). Refer to Attachments F and G, discussed i
Finding 2 for regional maps. As discussed in Finding 2, in addition to the areas indi
Developed on Attachment G, there are additional areas which have been developed since
Department of Conservation mapping, and additional areas which have receive
development entitlements that are not reflected on the Department of Conservation t
maps. Additionally, the EIR provides a comment response concerning the Farmland rV
reflecting current development (See EIR Comment and Response H-3).
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The Project is bounded on the west by the auto dealerships of Car County and the resta
hospitality uses of Pea Soup Anderson’s, both of which are adjacent to Interstate 5. We
retail and commercial uses continue, as well as the Amtrak rail lines and the Nortl
Transit District commuter rail line, with a Coaster commuter train station at Avenid:
north of Poinsettia Lane. On the south, the Project is bordered by Palomar Airport I
lane primary arterial that is considered a Community Theme Corridor. South of Paloma
there is retail and residential development, including the Price Club and other r
commercial developments.
Directly to the east, land had been planned for light industrial uses, but has recei
purchased by the City for a proposed hture municipal golf course which is unpla
unpermitted. Beyond that, along Palomar Airport Road there are office and industrial
the McClellan-Palomar Airport. Directly to the north of the project are the SDG&E par
major electrical transmission lines. The parcels are currently used for open space and ag
but the southern portion of the parcels is planned for golf course and commercial uses ir
planning documents, not a part of this Project. The portion bordering the lagoon is no
for development. In addition, as discussed in the EIR, “the power line easements on the
could potentially result in discontinuation of agricultural activity if additional powe
improvements are made ...” See EIR page 5.1-15.
Hedionda Lagoon, which is developed at its northern and eastern borders.
The EIR notes that because the Project is located adjacent to an existing circulation
“major extensions of infrastructure (ie., sewer trunk line) will not be reqL
implementation. Extension of infrastructure from Palomar Airport Road and Cannon I
not open new areas for development.” See EIR, page 7-9.
SECTION 51282 (b)(5) - THAT (i) NO PROXIMATE NONCONTRACTED L
BOTH AVAILABLE AND SUITABLE FOR THE PROPOSED USE, 1
DEVELOPMENT OF THE SUBJECT CONTRACTED LAND WOULD PROVIDE
CONTIGUOUS PATTERNS OF URBAN DEVELOPMENT THAN DEVELOPMI
PROXIMATE NONCONTIUCTED LAND.
[i) No proximate noncontracted land has the same attributes to meet the criteria of LEG(
which is a key element of the Proiect. The LEG0 Proiect is site specific and req
integrated whole of the Project, including the resort and The Flower Fields elements; an1
proximate noncontracted land has the same visibility and circulation patterns to m
suitable for regional retail uses; Alternatively. (iii) The Project is an infill developn
therefore provides more contiguous urban development than other proximate sites: and,
existing approved Specific Plan (SP 207) plans and anticipates the development of appro
1.88 million square feet of office, retail, and hotel in the noncontracted areas around P
agricultural preserve wraps. Therefore, this revised Specific Plan master plans develo
a more contiguous manner than would otherwise exist without it.
(a) Synergy of Project
North of the SDG&E parcels is
5.
The Project must be considered as an integrated whole, with LEGOLAND as
planning area. Preservation of The Flower Fields and open space, and conversia
course uses are able to be accomplished with the Project considered as a whole,
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retail development, LEGOLAND, and resort portions providing the finan
promoting the viability of continued agricultural and compatible usage.
(i) LEGO Planning Area is Key to Project
The Project consists of 9 Planning Areas that work as an integrate
Together they provide synergy such that the entirety will provide more
to the City and region than any of the individual elements. Each of the
is a necessary component in a unique interdependence of both land
economics. The essential core of the Project is the 128 acre LEG
Planning Area.
LEGOLAND will provide a unique recreational and educational attracti
region and the state. It will provide jobs and be the magnet to make tl
hospitality, and retail features viable. The visitor services will be enha
in turn provide the economic support for continuation of The Flower Fi
provide synergy for success of the golf course and the specialty retail pc
the Project. The remaining agricultural operation, the Flower Fields
economically viable for agriculture in perpetuity, and, in turn, enhance the
of LEGOLAND and provide an attractive environment echoing the then
LEGOLAND. Development of the Research and Development/Office, Rt
Community Hotel sectors, largely on land outside the Agricultural Prese
provide the economic viability for financing the infrastructure nece:
development of the entire Project. Further, the development of these 1
contribute a user base for the retail and resort areas which will be
professional and business conferences.
Therefore, each of the Project’s Planning Areas is a necessary compc
success of the whole. They are interdependent and enhance each other, i
be considered as a seamless whole in examining alternatives.
The Specific Plan Amendment recognizes this interdependence in its G
Objectives for development of the Project. See page Specific Plan page
Goals for the Project include: (1) creating an open space system that bui
the visual prominence and agricultural traditions of the site; (2) establ
mixed use development that preserves the open space character of the 1
Ranch; and (3) creating a business center and community destinatio1
significant location.
(ii) Alternative Sites Unacceptable
LEGO chose Carlsbad and this particular site in Carlsbad as the location
third international theme park, with the two other existing parks in Denn
England. Carlsbad was chosen by LEGO as its American site following
for a location throughout the United States, with strong consideration of
the Washington, D.C. greater metropolitan area.
Page 14
a 1)
Development of a viable LEGOLAND required specific elements, an
provided a list of 9 criteria necessary for candidate sites to meet for SI
The criteria include, among others: a minimum site acreage of 400 I
the site to be an integral element of a significant Mixed Use pro.
compatible uses; and, neighboring private and public projects to primaril
low density projects with high quality landscaping. See EIR page 6-36
of criteria.
The EIR examines 7 alternative regional sites for the Project, based on th
of the development with the LEGOLAND, resort, agricultural, and co.
aspects considered in total. The EIR concludes that even the one altern
in Oceanside that was somewhat acceptable for the Project. See EIR p
for discussion of why the alternative site is not acceptable for this
Attachment J is a matrix summary of the 7 alternative sites examined in
Therefore, the absence of proximate, noncontracted land available and su
the Project reflects the unique interdependence of the planned uses, the
of the uses themselves, and the importance of this particular site to the Pr
LEGOLAND.
Collection of Smaller Sites Not Adequate for Project
A California Supreme Court case dealing with contract cancellation sugl
alternative site examination should not eliminate alternative sites basec
unless the development requires a minimum amount of land for succei
Project (see Section I11 (C), below for further discussion of Sierra Club v
Haward 28 Cal 3rd 840 (1981). The LEG0 criteria for siting a LEG
includes a minimum land size, among other factors. Therefore, examina
series of alternative scattered sites would not have been a relevant opt
regard to this Project.
Site Uniquely Suited for Retail Uses
Within the western portion of the Project is the Retail Planning Area, with appro
300,000 square feet of retail planned to be constructed. Approximately 200,OO
feet is planned for the 10.7 acres that are a a part of the agriculture prese
approximately 100,000 square feet is planned for the 15.95 acres within the agi
preserve and currently under contract. The currently approved Specific P
authorized in 1993, provides for development of 140,000 square feet retai
noncontracted area. Therefore, even if the Specific Plan Amendment and this I
contract cancellation were not approved, retail development is approved for
immediately adjacent to contracted land.
The retail development planned for the Project is an integrated part of the Projc
support from the LEGOLAND, resort, and research and development/offc
Additionally, the retail uses will be supported by the regional community becau
unique location of the Planning Area.
(iii)
(b)
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The Retail Planning Area enjoys a unique location at the hub of existing major ci
elements. On the west, the Planning area is bounded by the current hospitality u
Soup Anderson’s, and the existing Paseo del Norte which leads to Car Country.
is visible from Interstate 5 on the west, and from a major arterial road, Paloma
Road, to the south. The unique location allows development without direct acc
arterial circulation roads through residential neighborhoods, and with proximiq
transit. See discussion of mass transit in the Infrastructure portion of the publj
discussion of Section 51282 (c)(l), below.
(c) Infill
According to the EIR, “The project site is an isolated ‘island’ of agriculture su’
by existing urban uses.” See EIR page 5.1-15. See also discussion of Findir
(b)(4), above.
Approved Development Adjacent to Project Under Existing Specific Plan
Approved Specific Plan 207, without the proposed amendment, anticir
development of approximately 1.88 million square feet of retail, office, and hotel
not covered by Williamson Act contracts and not included in the Agricultural I
That area is a “core” surrounded by the Preserve. See Attachment E for depictioi
of Project outside the Agricultural Preserve. If contract cancellation is not appr
the areas requested, the agricultural lands remaining under expiring contracts
adjacent to development occurring as a result of the currently approved Speci
Therefore, cancellation of the contract for development of the Project under Spec
207(A) actually provides for more contiguous development than the current appro
for the site.
(d)
B. FINDINGS PURSUANT TO SECTION 51282(~) - FINDINGS REGA
CANCELLATION IS IN THE PUBLIC INTEREST.
As the proposed contract cancellation is consistent with the purposes of the Williamson A
is no necessity to override its purposes for the sake of the broader public interest. Howt
cancellation is, in fact, in the broader public interest, for a wide variety of reasons, a
public interest considerations would outweigh any conceivable or perceived inconsistenc
the purposes of the Act, were they to exist.
Pursuant to Section 51282(c), cancellation of a contract shall be in the public intere
Council or Board makes both of the following subfindings:
Section 51282 (c)(l) - That other public concerns substantially outweigh the objectivt
Williamson Act.
Section 51282 (c)(2) - That there is no proximate noncontracted land which is both avail,
suitable for the use to which it is proposed the contracted land be put, or that developmei
contracted land would provide more contiguous patterns of urban development than deve
of proximate noncontracted land.
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1. Section 51282(c)(l) - THAT OTHER PUBLIC CONCERNS SUBSTAN’
OUTWEIGH THE OBJECTNES OF THE ACT.
Cancellation of the contract is necessary to implement the Specific Plan 20’
General Plan Amendments, and the Specific Plan Amendment Environmenk
Report. The years of remaining restriction if the contract is not canceled pr
significant public benefit; may not result in the continued agricultural uses on the
during the entire time; will find adjacent property impacted by the currently i
Specific Plan allowing development of 1.88 million square feet of retail, office,
and development. and hospitality, and, are substantially outweighed by commun
for open space and recreational facilities, iobs and community development,
educational benefits of the Proiect.
Perhaps the most central legislative purpose of the Act, as provided in Section 5
is the “discouragement of premature and unnecessary conversion of agricultura
urban uses”. The proposed conversion at hand is neither premature nor unneces
instead, critical and necessary to preserve the most valuable agricultural land to pc
agricultural use, and other agricultural land to an authorized compatible use, a goj
(a) City, Regional, and State Government Support for Project
City, regional, and state agencies and officials have supported this
LEGOLAND, which is the key element of the integrated Project. The
Carlsbad City Council adopted two resolutions actively supporting and
LEGO for this site. City of Carlsbad City Resolution 93-56, adopted by
Council on March 17, 1993, authorized City staff to implement an e
development strategy for Carlsbad Ranch, including: an evaluatior
compatibility of the Carlsbad Ranch project with existing City policies a
objectives; an analysis of the costs and benefits provided by the Pro.
evaluation of economic incentives that can be offered by the private se
City, and the State to facilitate economic development; and, assignmc
Project Development Team.
The City of Carlsbad City Council also adopted City Council Resolutior
on July 19, 1994, to execute a Memorandum of Understanding (the ‘
between the City and LEGO with regard to the planning and processin
LEGO Project. The MOU contains a provision for the considerati
Development Agreement for Carlsbad Ranch between the City and LEG
Agreement has been negotiated and is submitted concurrently with the pc
agricultural contract cancellation and is subject to review and approval by
Council.
In addition to the City, regional agencies and State of California t
participated in the site selection and planning process with LEGO becaut
regional and statewide benefits of the Project. On May 12, 1993, the
Carlsbad was joined by the San Diego Economic Development Corpora
the Team California in meeting with LEGO to present a schedule of incen
selection of this site for LEGOLAND. In addition, the written preseni
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Team California included the Governor as Honorary Chair, and State
Secretaries for Trade and Commerce; Business Transportation and Housi
Child Development and Education. Attachment K is a comprehensive li
Team California members and a copy of the California Trade and Cc
Agency Director’s introduction to the Team’s written comments. Cc
included those commenting on this site’s benefits with regard to public
of education and infrastructure. Some of those comments are cited in
below.
(b) Public Benefits
Based on the following considerations of elements of the Project, it is cc
that there is interest of the public as a whole in alternative uses of the agr
land and that cancellation is in the public interest because other public t
would substantially outweigh the concerns of the Williamson Act. Am0
are:
(i) AGRICULTURE
Agriculture remains one of California’s leading industries and agricultur:
land is clearly regarded as a priority land use at state and local level
Williamson Act is intended to encourage the preservation of prc
agricultural land. Implementation of all the Project elements will pro
economic support for the continued agricultural use in those areas of the
that are best suited to sustainable agricultural production on the basis of si
and market, i.e., The Flower Fields.. Without the other elements of the
the Flower Fields may not continue in production. In addition, implem
of all of the Project elements provide for the conversion of less viable agr
land to golf course, a use compatible with agriculture. See also discu
Agriculture in Finding Section 5 1282 (b)(2), above.
The Flower Fields Planning Area will be buffered from the surrounding url
by walls and berms to protect the agriculture. However, The Flower Fielc
integrated portion of the Project, will have pedestrian access througlr
Project.
Conclusion: Cancellation of contracts for development of the Projec
integrated whole will allow the Open Space and agricultural uses of the
Fields in peTetuity.
(ii) INFILL
The Project is an infill project. Currently, there are visitor services and re
adjacent to the Project on both the southern and western boundaries. The
will continue the viable agriculture that currently exists in the western a3
Flower Fields, and convert other lands currently under Williamson Act
in the western area to a use compatible to agriculture and expressly au
under the contract, i.e., golf course. Retail services will be provided adj
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current commercial areas. The visitor services aspects of the Project,
Soup Anderson’s on Palomar Airport Road, will be extended to thc
portions of the Project with LEGOLAND and the planned Resort.
The currently approved Specific Plan for the Project area includes devc
of approximately 1.88 million square feet of retail, office, resel
development, and hospitality uses. Therefore, the Project as planned
infill to those approved plans.
Conclusion: Land remaining under contract would be impacted
development of 1.88 million square feet of ofice, retail, reseal
development, and hospitality uses under the existing Specific Plan 207,
Project is a superior infill solution.
(iii) EDUCATION
A primary focus of the Project, as an integrated whole, is education. No (
is available to provide the necessary components for the Project as a who1
are three Planning Areas that have education as a strong focus:
e LEGOLAND
The heart of the Project is LEGOLAND, a 128 acre site comprising 1
Area 4 of the Project. The Specific Plan Objective 5 provides for LEG(
to focus on creative education experiences for children. See Speci
Amendment, Page 38. LEGOLAND’s are designed around the child, wi
on children from ages 2-13. A goal of the parks is “a world of le
Besides play areas, park areas, and Miniland, which is a miniature land
landmarks and scenes from throughout the world, LEGOLAND will feat1
focused involvement of children in an educational context.
First, LEGO building workshop areas will be incorporated for children of (
ages. Classes led by LEGO model designers will be offered where chilc
create their own LEGO creations with computers. A LEGO Driving Sck
be included in the park, with instruction to groups of children and a
driving course.
Finally, the LEGO Educational Department will produce and provide r
used by teachers in preparation for classroom visits, and as follov
LEGOLAND visits. LEGO Dacta is the educational division of
Originally formed in 1980 to develop classroom applications for LEG(
LEGO Dacta provides curriculum support materials for children from pi
to high school in all 50 states. LEGO Dacta staff works with classroom
to develop hands-on learning experiences that put children in the active
scientist, inventor, or engineer using LEGO and Duplo blocks. Recentlj
announced that LEGO Dacta had entered into a partnership with the (
School District for a pilot program to provide LEGO Dacta educational 1
in each grade in all schools in the District. See Attachment L, for recer
Page 19
from the San Diego Union-Tribune discussing this program and quoting
cements by the Carlsbad Unified School District Board President.
In the May 12, 1993, Team California Proposal from State of California, the
value of LEGOLAND with, regard to education was recognized in comments from
the Governor’s Office of Child Development and Education:
. . .LEGO’s own emphasis on creative and imaginative ideas, the exuberance
of learning and self-expression, quality education and a caring environment
mirrors California’s aspirations for its children.. .
. ..The values of LEG0 recognize and acknowledge the importance of an
integrated support delivery system for children by incorporating family fun
and participation with learning, safety and quality with a caring staff and
community involvement.. .
0 The Flower Fields
An integral part of the Project is Planning Area 7, which consists of The Flower
Fields. This area will continue in the production of bulbs and cut flowers.
Currently, there are seasonal Flower Field tours. These tours will continue and
be expanded with development of the entire Project. Annual seasonal tour totals
are projected at approximately 5,000- 10,000 visitors. The tours provide education
on the history of approximately 53 acres of agriculture in the area traditionally
known as The Flower Fields, as well as flower and bulb cultivation and the role
of agriculture in an urban environment. It is anticipated that there will be
coordination with the LEGOLAND school tours and educational materials.
l Gemological Institute of America (“GIA”)
The Gemological Institute of America Vocational School, Planning Area 1, is part
of the existing Specific Plan (SP 207). It is a three parcel site, with two parcels
currently under construction, for a vocational campus including classrooms,
auditoriums, research and laboratory, dormitories and recreational facilities. This
portion of the Project is already approved and underway. One of the three parcels
in this Planning Area is under Williamson Act contract, but is not requested for
cancellation. The contract was covered under the Notice of Nonrenewal, and the
contract remains in effect until January 2001.
Conclusion: The Project as an integrated whole will provide significant public
benefits in education.
(iv) JOBS AND ECONOMIC DEVELOPMENT
A significant public benefit from the Project is the creation of new jobs. In
addition, there will be a substantial increase in local and state government
revenues as a result of the Project.
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e New Jobs
According to a study done by CIC Research, Inc. for the California De
of Business and Economic Development, construction of the LEGOLANC
of the Project will create approximately 1,718 full time equivalent jot
resultant payroll spending and multiplier effects on other parts of the 1
regional economy of approximately $1 85 million.
The EIR indicates that, in total, the Project will generate approximate1
4,000 service jobs for hotels, restaurants, retail, and LEGOLAND. This re
approximately 7- 10% of the total Carlsbad employment anticipated in
2005, according to SANDAG’s Series 7 Growth Forecasts. See EIR pag
3. Of this total, approximately 800 jobs are for LEGOLAND, with appro
100 full time and the remainder part time. The projections are base(
projected LEGOLAND annual attendance of 1.8 million visitors, as
employment in the hospitality services, golf course, The Flower Fit
Specialty Retail, and the Research and DevelopmentIOffice Areas.
The EIR estimates that the jobs will directly benefit Carlsbad residents.
states on page 5.9-1 1:
... Many of the new jobs are expected to be filled by the E
unemployed, underemployed, or other employment-seeking resil
Carlsbad and surrounding communities. These new emploq
expected to continue living at their current residences and corn
work in the specific plan amendment (sic) area ...
In addition to the service jobs generated by the project, the EIR estim;
research and development uses in the Project could generate an addition?
2,000 jobs. Thus, the total of new jobs in both the service and non-servicc
ranges from approximately 4,000-6,000. The EIR estimate of new jobs
is consistent with one that can be computed using the City of Carlsbad Ho
Nexus Analysis working papers. Using that study’s final per-employee
factors for the planned square footage in the Project would indicate at
estimated 5,500 new jobs.
According to the City of Carlsbad Housing Nexus Analysis working pl
1990:
... only 28.4% of Carlsbad workers also live within the City. As r
expected, this compares poorly with larger jurisdictions such as
of San Diego and both the City and County of Sacramento, who
geographical areas makes it more likely that workers a
residents. .. .These figures are averages across all occupational gro
land uses.
According to SANDAG’s Series 8 Growth Forecasts, without this Project,
in Carlsbad households between 1990 and 2005 will be approximately 535
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the growth in employment in the same time period will be approximatc
Therefore, in order to provide a better balance of jobs and housing, ne\
all levels are needed in Carlsbad. This Project’s contribution of 4,000-6.
jobs will help in better aligning the jobshousing balance in the city.
The loss of current agriculture jobs from the development of the P
insignificant as some jobs will be relocated to other agricultural land in
flower production employment is more labor intensive than fruit and \
production employment, and the jobs created throughout the Project will
a wide spectrum of semi-skilled, skilled, and professional jobs.
e
Based on data in a 1993 Price Waterhouse study for the City of Carlsbad
Impact Study and Incremental Revenue Analysis of LEG0 World Then
and a City of Carlsbad staff working paper on revenues and expenditures
from the Project, it is estimated that development of the Project will
estimated annual City tax revenues of approximately $5.4 million to $5.5
This represents approximately 14% of the City’s 1994-95 General Fund
This estimate does not take into consideration additional revenues resulti
the indirect “multiplier effect’’ of consumer and business spending.
City staff working papers estimate additional annual City budget expend
serve the additional development of approximately $2.2 million p
Therefore, the net additional annual revenues to the City are estimated
approximately $3.1 million to $3.2 million. See Attachment M for sum
City revenue and expenditure estimates.
The City staff working papers estimated additional annual San Diego
County property taxes at approximately $530,000 to $570,000 from the
Project. Further, there would be increased annual revenues for the
State of California from the Project. The City of Carlsbad staff
working paper estimates additional annual state sales tax revenues of
approximately $6 million. The 1993 Price Waterhouse fiscal impact
study estimated additional annual state personal income tax revenues
from of approximately $160,000 from the LEGOLAND new
employment. New personal income tax revenues would also occur
from the other 4,500-5,200 new jobs created in the Project. Moreover,
there would be unquantified additional state corporate income tax
increases.
Conclusion: The Project as an integrated whole will provide
significant public benefits through new employment and additional
local and state revenues.
City, Regional, and State Revenues
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(v) RECREATION
The recreational aspects of the Project are part of the integrated total
for which there were no other comparable sites on noncontracted land.
The Project includes LEGOLAND, the golf course, The Flower Fields,
and open space. These elements of the Project will draw from a
regional area.
LEGOLAND is planned to incorporate a park setting with active and
passive activity nodes. The facility will attract visitors from around the
world to the Project. The California Trade and Commerce Agency,
Division of Tourism, is very supportive of this venture and is eager to
incorporate LEGOLAND in its advertisements for California tourism,
as reflected in their letter of support to LEGO. See Attachment N.
In addition, the Division of Tourism, through the State Office of
Permit Assistance, provided the following information on tourism
benefits to the state from LEGOLAND:
Approximately 1.95 million persons are expected to visit the
park in its first year, increasing 3.7% annually for the first two
years, 2.8% annually for the second two years, and 1.4%
annually thereafter. These visitors will spend an estimated $50
million on tickets, food and beverage consumption, and
merchandise. Spending is expected to increase 3 to 4 percent
per year initially, and will level off at an annual growth rate of
1.4 percent. Taking into account the indirect and induced
impacts resulting from this spending, the total estimated impact
of LEGOLAND visitors will be $76 million.
The proposed golf course has several aspects. It is part of the entire
LEGOLAND planned site, providing an attractive landscaped setting.
The golf course will also provide an additional amenity helpful to
making the entire Project a destination, comprised of LEGOLAND, the
Resort, and the Flower Fields. Additionally, use of land for a golf
course is an authorized compatible use with its historic agricultural use,
and conversion to a golf course will not irrevocably result in the land
being lost to agriculture or to open space. Finally, the approval of
Proposition G, in 1989 by the voters of Carlsbad, authorized the
expenditure of in excess of $1 million for new recreational facilities.
As a result of the approval of Proposition G the City has responded by
planning and purchasing land for an 18 hole golf course adjacent to
Carlsbad Ranch. The City’s RFP for design of the golf course includes
a 27 hole option, linking with the 9 hole course in Carlsbad Ranch and
on the SDG&E land to the north. Therefore, there are significant
public benefits with the proposed golf course.
The Flower Fields provide both a passive recreational value to the
entire Project in providing a visual amenity and appropriate low density
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setting for LEGOLAND. No other site is comparable in location with
The Flower Fields. Additionally, tours of the Fields will provide an
active recreational use. The Flower Fields are considered an important
scenic resource in the City. The EIR notes that Agriculture Goal C.4
of the Land Use Element of the City’s General Plan states, “Attempt
to preserve the flower fields (sic) or lands east of 1-5 ... through
whatever method created and most advantageous to the City ...”
The pedestrian trail and walkways will contribute to the recreational
needs of the employees working within the Project, as well as to
tourists and visitors from the region.
And, finally, Planning Area 9 provides preservation of 10 acres of
naturally vegetated land as open space. It will provide a buffer
between the resort and adjacent lands.
Conclusion: The Project as an integrated whole will provide
significant public benefits in providing recreational opportunities for
the region.
(vi) INFRASTRUCTURE
The location of the Project provides a unique opportunity to improve
the current roadway infrastructure, to increase opportunities for mass
transit, and to establish an innovative and environmentally sensitive
water supply system.
e Road Improvements
The Project includes approximately $1 5.5 million in circulation element
improvements from a variety of funding sources including Community
Facility District financing, public facilities fees, city funds, state
transportation fund matching funds, and direct developer contributions.
Improvements address current need, and need resulting from
development of the Project. Significant improvements include:
(a) the extension of Cannon Road from Car Country Drive to the
eastern boundary of the Project, for a cost of approximately
$8.5 million. Sources of funds will be a combination of
Community Facility District financing, state matching, and local
fees from the developer and SDG&E. This will link with the
proposed Armada Drive, and provide an alternative northhouth
linkage between Cannon Road and Palomar Airport Road east
of Interstate 5.
the extension of Cannon Road from the Project to El Camino
Real either during the construction of the Project or at
completion, for a cost of approximately $3.3 million. This will
(b)
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provide an additional link between the interior circulation of El
Camino Real and Interstate 5 without impacting Palomar
Airport Road. Sources of funds will be Community Facility
District fees and the Cannon Road West Fee Program.
the construction of Armada DriveLEGO Drive from Cannon
Road to Palomar Airport Road, for a cost of approximately
$2.57 million. Sources of funds will be Assessment District
fees, guaranteed by the developer. According to the Specific
Plan, “the Carlsbad Ranch’s internal circulation system is also
intended to enhance the existing network by providing
alternative routes for movement.” (See Specific Plan, page 11).
Cancellation of the contract on the Project area will allow feasibility of
the bond financing for the circulation improvements by creating the
higher, non-agricultural assessments, upon which bond financing is
based.
In the May 12, 1993, Team California Proposal from State of
California, the value of LEGOLAND with regard to public benefit was
recognized in comments from the California Department of
Transportation Agency (Caltrans):
(c)
... Caltrans has reviewed the economic projections for the LEGO
Family Park in Carlsbad and fully supports the total project.
Caltrans’ analysis of the proposed LEGO Family Park confirms
that infrastructure investment by Caltrans is well-placed and
fulfills Caltrans’ mission to promote the economic vitality of
the State. Moreover, the location of the LEGO Family Park in
Carlsbad will have decided regional economic and cultural
benefits, increased employment and tourism.
The California Transportation Agency, therefore, is committed
to the success of the LEGO Family Park as a clear benefit to
the State and region and will fund 50 percent of the $6 million
estimated for improvements at the Cannon Road interchange to
accommodate traffic generated by the LEGO family park.
e Increased Opportunities for Mass Transit in the Region
Intensified development of the Project, compared to current land use,
will provide the opportunity for use of mass transit opportunities by
providing a critical mass to make mass transit a viable alternative.
The Specific Plan provides on page 47 and page 62:
... Given the strategic location of the Carlsbad Ranch near the I-
5 corridor, and within one-half mile of the San Diego Northern
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Railroad rail line, there are clear opportunities to develop a land
use plan and circulation system for the planning area that will
encourage the use of alternative nodes of transportation, while
conveniently accommodating automobiles.. .
... With the development of the Carlsbad Ranch as a significant
community focal point and destination, there are significant
opportunities for this area to emerge, over time, as a local
transit hub.. .
The California Department of Transportation, as a member of Team
California, supported LEGOLAND’s siting near rail transportation and
proposed a partnership in promoting train ridership. See Attachment 0 for letter from Caltrans Division of Rail to LEGO.
0 Wastewater System
The Project will be a conservation leader by making use of a dual
water system both for agricultural fields and landscape irrigation in all
Planning areas. Use of reclaimed water for the agriculture planned in
this Project is feasible because reclaimed water can be used more
successfully for floriculture than for vegetable production. In addition,
a mitigation impact requirement of the EIR is that dual plumbing be
used for office, commercial, and industrial uses, as well as the
LEGOLAND project, as deemed feasible by the City.
The California State Water Resources Control Board was included in
the Team California, and commented in that presentation:
The State Water Resources Control Board supports and
encourages the use of reclaimed water as an integral part of
state and local government initiatives to protect our
environment and conserve water supplies, preserving and
enhancing precious natural resources
The use of reclaimed water at the LEGO Family Park site will
provide environmental, conservation and aesthetic amenities
consonant with civic, social and economic imperatives in
California and the United States.
(vii) Local Coastal Program (LCP) Mitigation Fee
Development of agricultural land on Carlsbad Ranch will provide a
regional and statewide public benefit to resource conservation through
projects funded by the landowner’s payment of the Local Coastal
Program Mitigation Fee. California Public Resources Code Section 30171.5 requires payment of a mitigation fee for development on
nonprime agricultural lands in the coastal zone. Within the City of
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Carlsbad, mitigation fees are deposited in the State Coastal
Conservancy Fund and are used for Carlsbad area conservation
projects, as outlined in the statute. Fees are set by the City Council at
between $5,000 and $10,000 per acre of agriculture land developed.
This fee is paid on all nonprime agricultural land whether or not it is
covered by a Williamson Act contract and in addition to any applicable
Williamson Act cancellation fee.
Conclusion: The Project as an integrated whole will provide
significant public benefits in providing public infrastructure benefits for
the region.
2. SECTION 51282(c)(2) - THAT (i) NO PROXIMATE NONCONTRACTED
LAND IS BOTH AVAILABLE AND SUITABLE FOR THE PROPOSED USE,
OR (ii) DEVELOPMENT OF THE SUBJECT CONTRACTED LAND WOULD
PROVIDE MORE CONTIGUOUS PATTERNS OF URBAN DEVELOPMENT
THAN DEVELOPMENT OF PROXIMATE NONCONTRACTED LAND.
This subfinding is identical to Subfinding 5 1282(b)(5) for the consistency with the Act
finding. See discussion above under Subfinding 5 1282(b)(5).
111.
The 1981 California Supreme Court decision in Sierra Club v. City of Hayward 28 Cal3rd
840 (1 98 l), discussed three major issues with regard to Williamson Act contract cancellation.
A. PREFERENCE FOR NONRENEWAL RATHER THAN
FINDINGS PURSUANT TO JUDICIAL DECISIONS
CANCELLATION
Although the Court noted that the statutes prefer nonrenewal to cancellation
of land under contract, neither the City nor the landowner could have foreseen
the need for cancellation in 1986. The City has minimized the land upon
which cancellation will occur. with a significant amount of land within the
preserve maintained under a contract which will expire by nonrenewal, rather
than cancellation.
The specific needs of the Project for early contract termination nor the
increasing uneconomic nature of the agricultural use in an urban setting could
not have been reasonably anticipated by the City or the landowner in 1987,
when a Notice of Nonrenewal would have to have been filed for the contract
on the land to expire by 1996. The landowner’s and city’s response in the late
1980’s was to reconfigure the agricultural preserve to maximize the use of
Carlsbad Ranch land for both agriculture and development. The landowner’s
response to the failure of tenants due to increasing economic pressures on
agricultural production was to assume production itself in an attempt to keep
the most viable lands, The Flower Fields, in production. A Notice of
Nonrenewal for the entire preserve was filed in late 1991. At that time, formal
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planning was begun for Carlsbad Ranch uses which were compatible with the
surrounding urban uses. A Specific Plan, SP 207, was adopted in 1993 and
provided for urban development outside the agricultural preserve on Carlsbad
Ranch.
Until the planning process was completed through the Specific Plan and EIR,
neither the landowner nor the City could identify which, if any, of the
contracted lands would require early termination. As late as 1994, the Project
was uncertain as the essence of the Project faced a local vote on the approval
of LEGOLAND. Cancellation of a portion of the land under contract was
requested due to the unique public interest of the Project, as an integrated
whole, and the planned urban development surrounding the Project area.
Finally, as is demonstrated by the other findings, waiting now for contracts to
expire by nonrenewal is not a viable option and would not be in the public
interest.
WILLIAMSON ACT PURPOSES INCLUDE BENEFITS BEYOND THE
REGION AND FOR ORDERLY PLANNING
The City is using cancellation to further the Williamson Act goals of
agricultural and open space preservation and of orderly urban development.
The public interests advanced by the proposed cancellations are not merely
local, but regional and statewide. The benefits of the Proiect from education,
new i ob creation and sustainable economic development, local government
fiscal strength, and infrastructure provision outweigh the public interests in
open space at this location.
The Project, as an integrated whole, will provide for preservation of the most
viable agricultural land, The Flower Fields, beyond the time period that would
otherwise occur with a termination of contracts due to nonrenewal.
Additionally, the Specific Plan includes open space and golf course uses for
a significant portion of the Project, and more contiguous urban use patterns
than even the present local plan.
The Project, as an integrated whole, has regional and statewide interests which
outweigh the public interest of continuing portions of the Project site as
agriculture for the approximately 5 remaining years of the Williamson Act
contract. The public interest served by the contract cancellation and proposed
development is evidenced by the state/local partnership of the Team California
effort. Benefits include the regional and statewide ones delineated in Section
A(l)(e), above, Findings Pursuant to Section 51282 (b)(5):
0
B.
preservation of most viable agricultural land in perpetuity, not only for
the remaining years of the contract term;
infill of urban area, as found by the certified EIR;
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0
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e unique educational facilities supported by the state and local agencies
responsible for education;
significant new job creation and sustainable new local development,
supported by state and local agencies responsible for economic
development;
significant new state and local revenues supported by the state and
local agencies;
new recreational areas benefiting the region and state, and supported
by state and local agencies;
new public infrastructure and mass transportation ridership supported
by state and local agencies; and
conservation projects funded by state imposed coastal fee which
benefits the local region.
0
0
C. IDENTIFICATION OF VIABLE REGIONAL ALTERNATIVE SITES
WITHIN A PROXIMATE DISTANCE WILL PRECLUDE
CANCELLATION
The City has conducted a thorough analysis of Proiect alternatives and
alternative sites under CEOA, and concluded no better alternatives to the
proposed cancellation exist.
As part of the CEQA process of considering and certifying the EIR for the
Project, the City considered alternative sites for the proposed Project.
Additional consideration of alternative sites is discussed in Section A( l)(c),
above, Findings Pursuant to Government Code Section 51282 (b)(3). The
alternative sites examined include those throughout the San Diego region, in
excess of 7 miles from the proposed site. This meets the alternative site
examination suggested in the Sierra case.
The cancellation areas within the Project are needed for immediate conversion
to implement the entire plan in a phased order and a timely fashion. The
individual uses of the Project cannot be disaggregated and addressed
piecemeal. The LEGOLAND national site selection process was based upon
specific site values and multiple uses. The Sierra case suggests that the size
of a proposed development not be a significant factor in the search for
alternative sites “unless by its very nature the developed use requires for its
success a minimum amount of land.” Because this project does require a
minimum of 400 acres (one of the LEG0 criteria discussed above in Section
A( l)(c), the alternatives chosen were appropriate alternatives. They were all
rejected after examination.
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Therefore, (i) the development contemplated under the Specific Plan is an
infill project; (ii) the City has reviewed land use alternatives and determined
no other alternatives can meet the objectives of the Specific Plan Amendment;
(iii) no other land could be substituted to meet the Specific Plan Amendment’s
phasing requirements; and (iv) the exceptional nature of this Project, benefiting
both the region and state, justifies the cancellation of a portion of the
Williamson Act contract.
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LIST OF ATTACHMENTS
A.
B.
C.
D.
E.
F. Regional Map of Area
G.
H.
I.
J.
K.
Table of Assessor Parcel Numbers with Portions Requested for Cancellation
Depiction of Assessor Parcel Numbers Requested for Cancellation
Table of Assessor Parcel Numbers by Specific Plan Amendment Planning Area
Depiction of Specific Planning Amendment Planning Areas
Depiction of Project with Agricultural Preserve Designation
Map of Important Farmland Surrounding the Project
Depiction of 1991 Farm Production Areas in Carlsbad Ranch
Depiction of Carlsbad Ranch Agricultural Land Designations
Summary Matrix of Alternative Project Sites
List of Team California Members, and Written Comments by California Trade and
Commerce Agency Secretary
San Dieno Union-Tribune Article on LEG0 Dacta and Carlsbad School District
pilot program
Table of City of Carlsbad Estimated Annual Revenues and Expenditures
from the Project
Letter from California Trade and Commerce Agency Director of Tourism
Letter from California Department of Transportation Division of Rail
L.
M.
N.
0.
m 0
Attach m e
Carlsbad Ranch
Acreaae In APNs
Requested for Came Ifation
Acres Requested Acres in
APNs for Cancell- APN
21 1-02245 107 54 149.14
2 1 1-022-06 2.68 27.95
21 1-023-02 15.95 39.88
21 1-023-05 8.08 12.00
21 1-023-06 44.86 71 96
TOTAL 179.11
Attachment B w -
0' 1600' I- sw: - 1' = 800'
N 211-023-03
~
APN 211-022-05
. ASSESSOR'S PARCfL NUMBER AREA (Acres)
2 1 1 -022-05 107.54 21 1-022-06 2.68 2 1 1 -023-02 15.95 2 1 1 -023-05 8.08 2 1 1 -023-06 44.86 Pd
Dote: 10/09/95 he: 13: PC #l fll.E=f:\JCMS\691014\LCOMwMOM;
Attachm
a 0
Cartsbad Ranch
APNs Requested for Cance Hation
bv PIannina Area
Specific Plan Total Acres
Amendment to be Canceled Portions of
Plannina Area in Plmina Area APN
Area 2 -
Research and Development/
Office Planning Area 21 95
21 1-023-05
21 1422-05
21 142246
Area 4 -
LEG0 Planning Area 93.35
21 142245
21 1.423-06
Area 5 -
Resort Planning Area 47 86
21 1-022-05
21 1-023-06
Area 6 -
Specialty Retail Planning
Area 15 95
21 1-02342
TOTAL 179.11
Attachmen 0
0' 1600'
800' I- SCALE: 1' = 800' i
I
.............. ............. ..............
PLANNING AREA AREA (Acres) PLANNING AREA AREA (Acre:
1 0.00 7 0.00 2 20.87 8a 0.00 3 0.00 8b 0.00
4 93.35 9 0.00 5 47.86 ARMADA ORE 0.00 6 15.95 LEG0 DRNE 1.08
e 0 .---
AG~A HUI?NDA LAGOON .-.
Attachment E '-. \ 2' L /'
7..
\ -- /-'
I.
<\ -:\ -- c
PAc:rlc CaX~
CARLSBAD RANCH: WILLIAMSON ACT LANDS
Non-Williamson Act Lands
121.94
Williamson Act Lands Remaining Under Conmct 146.35
Williamson Act Lands to be Removed from Conmct
179.1 1
a
tF-1 /.' ,'
0 -_ 0 -c
4
--\ttachm
(D Figure 2
CITY CONTEXT
3
Attach
~ansiee
Cc2ar:
,J a c; f j c
3c3ar!
-
/- CrrYOFcARLsEAD
. - P ' PRIMFARMLAND San Dicgo
s ~ ~M~UNOOFSTA~OE County
BO UN OARY
-
lMP0RTANcE - - - - u ' UNtQUEFAR"0 : W j WAER Encini
' L ' FARMLANDOFLOCALIMPORTANCE = -
x I OTHERUND - - - D 1 DEVELOPEDLAND I
SOURCE: State of Coiifomia. bportment of Coruwutian Figure 5-7
Important Farmland e!! b ! nxxl north Surrounding the Project Site +
Carlsbad Ranch Specific Plan Arnebea 5. I-? Civ ofCcUlsbad
Program EIR
4
Attachment H
FARM PRODUCTION AREAS
- -'--- -
11
Attachment I e 0
kE G E N D
EST $%JBTE.D
. ~~~~~A~~
.----._ 4
.__- - - %EA$.T . (BASED ON SBfL%,CttMATE, SLOPE,AND DRAtNAGE:
-.... . .. 0.E.V E t cr P M E N 9 .. ..
--=%?sa-=
--__ .. .---
0 @Attachment J
TABLE 6-2 MATRIX SUMMARY OF SITE ANALYSIS FOR THE PROJECT IN THE SAN DIEGO REGION
(Fourth) Street and
south of San Luis Rey ed-Use with compatible uses
Oceanside, adjacent to 1-5, south of Mission Avenue, north of Oceanside Blvd.
people within 3 hours drive metropolis of 30 min.
terstatejFreeway am via major arterial road
Carlsbad Ranch S cijic Plan Amendment Ci of Carlsbac Final Program Elif" 638 %vember 199.
0 e
TABLE 6-2 MATRIX SUMMARY OF SITE ANALYSIS FOR THE
PROJECT IN THE SAN DIEGO REGION
(Continued)
city of aula Vita Sweetwater Road
Carlsbad Ranch S cific Plan Amendmenr CI of Carlibac Final Program E1 k" 639 &ember 199.
Qualirition Criteria complianct Site Laeatioa No Item
San Ysidro, Otay MeSa Mexican-US border 2 Max. distance from major metropolis of 30 min.
(site #7) 3 Site acreage min. 400 net acres
San Ysidro. near 1 Population base of 15 mil. people within 3 hours drive
Site part of Mixed-Use with compatible uses
Direct Intentate/Freeway access via major arterial road Max. distance from the Interstate/Freeway of 2 miles
No access through residential neighborhoods
4 5 Transportation
5.1 53
5.3 5.4 F'roximity to rail sexvice 6 Utilities available nearby 7
7.1 7.2
8
9
Land Owner and Developer performance requirements
Capable of undertaking Zoning/Land Development Commitment to develop suitable ancillary projects Commitment to suitable Master Plan from Developer & City
Low density neighbor projects with quality landscaping
cy4 0
Yes
Yes YeS
h
h
h
PI
YeS
YeS
YeS Nt Ni Ni
.. .~ Attach Team-California .
Governor Pete Wilson 0
State of California
Governor Pete Wilson
Julie M. Wright, Secretary, Trade & Commerce Agency
Tom Sayles, Secretary, Business Transportation and Housins Agency
Maureen DiMarco, Secretary, Governor's Office of Child Development and Education
Tom Nagle, Director, Employment Development Department
Gerry Geismar, Executive Director, Employment Training Panel
Caroline Petersen Beteta, Director, Tourism Marketing, Trade & Commerce Agency
Steve Spears, Legal Counsel, State Board of Equalization
Judy Jarvis, Director, San Diego Regional Office, Trade & Commerce Agency
John Lungren, Jr., Director, Special Projects, Trade & Commerce Asency
Lydia Beltran, Project Manager, Employment Development DepartmenVTrade & Commerce Age1
Lego Family Park
Hans Henrrk Gram, Lego, Manager, Strategic Planning & Finance
Joe Manna, Lego, Director, New Ventures & Licensing
Jens Fleming Jensen, PM International, President
Merete Raahauge, Corporate Counsel, Leg0 Foundation
Todd Anson, Brobeck Phleger & Harrison, Attorney at Law
Mike Conigan, Price Waterhouse, Managing Partner
City of Carlsbad
Mayor Claude Lewis
Mayor Pro Tem Margaret Stanton
Ray Patchett, City Manager
Marty Orenyak, Community Development Director
Jim Elliott, Financial Management Director
Michael Holzmiller, Planning Director
Lori Lieberman, Assistant to City Manager
Cynthia Haas, Senior Management Analyst
§an Diego Convention & Visitor's Bureau
Terry Cahill, Vice-president, Marketing
§an Diego Economic Development Corporation
Steve Weathers, Vice-president
GosnellPointe Builders
Steve Adelson, Vice-president, Commercial Sales
RIC Williams, Vice-president, Project, Coordination, and Planning
Carl tas
John White, President
- 0 e
-
CmIFORNLA TRADE AND COMMER!CE AGENO
Pac Whn
THE LEGO FAMILY PARK Governor 1
Julie Meicr wnight i 1
secrm?y 1 I I NTRODUCTI~N
I ’
I
I
sPn~icgo I
The State of California is pleased to present this $6 million proposal to LI
World A/S for the first United States LEGO Family Park. The LEGO visic
ideas, exuberance, and values are shared by Team California whic
positioned to make your U.S./Carlsbad LEGO Family Park an astoun
~egioa~l i SUCCBSS.
Offia
This proposal is dedicated to the infrastructure assistance, human resoL
support, and marketing program inclusion under the endorsement 01
California Trade and Commerce Agency.
The LEGO team includes the State of California, the City of Carlsbad, the
Diego Economic Development Corporation, the County of San Diego, uti1
property owners, and land developers. However, this portion of the pro1
reflects only the State of California’s support to the LEGO project.
Governor Pete Wilson’s commitment to this project is total and unreserw
he presents to you the State of California’s job incentive and infrastru
program which is specifically designed to meet EGO’S needs. Under Gov
Wilson’s direction, the California Department of Transportation (Caltrans
provide $3 million in infrastructure improvements, the California Employ
Development Department has committed $sOo,O00 in staff and sewices, an
State Employment Training Panel $2,500,000 in training reimburserr
Moreover, the California Office of Tourism will identify the LEGO Family Pa
part of its $34.7 million destination marketing program. Cattrans alsl
include the LEGO Family Park as part of its $3.7 million coope
Caltrans/Amtrak marketing program.
The proposal includes comments from the Governor’s Office of
Development and Education relating how the EGO Family Park compler
and mirrors California’s educational initiatives. The proposal also inc
information on the State Water Resources Control Board’s $5 million low in1
loan for water reclamation on the LEGO Family Park site, and a summi
other benefits to LEGO, such as the Employer Child Care Tax Credit an
Ridesharing Credit.
1
I I I
1 !
I 1
i
I
750 ‘B Sweet
sul Diego, cA I
92 101 - 1822
Suite 1830
Attachn 0 0
*
Friday, September 29,1995 THE SANDIEGO UNION-;
-
- Leg0 to build partnership with
Carlsbad schools to benefit kid
that allows students to see, touch recognition, while older cf and work with all kinds of levers can learn about tools, the er and gears," school board President ment, dinosaurs and cities - CARLSBAD - The school James McCormick said yesterday. even deslgn vehicles out of
board and Leg0 toy company have' "I think it's going to be a fabulous. bricks and then, using a con entered into a $27,000 partnership benefit in helping with the educa- program, learn how to make that wiIl provide Leg0 Dacta educa- tion of children." move. honal products for use in each Under the agreement, the Leg0
grade at all schools in the district. toy company will donate $15,000, Under the partnershsp, te The pilot program, unanimoudy the school district will fund $6,500 and students will incorporatc approved Wednesday by the school and the Carlsbad Educational Foun- Dacta products in science, tC board, is the largest donation of its dation will eve $5,500 toward the ogy z~d rnathemri-s c2' L:nd iom kc Danish loy manuik. project. The idea is that because SO turer since it made a decision to Dacta was established by Leg0 in students have played with built its $100 million theme park 1980asaneducationalcomponent. products, they will enjoy le here. For younger children, Dacta pro- through Dacta products, o "Lego's come up with a project grams offer letter, color and shape said.
By DAYNA LYNN FRIED Staff Wnter
~ --
Attach m e n
0 0
Swmmarv
C-ARLSBXD RANCH
CITY BE VEYcE .+YD EXf'E JDITC'RE EST1 )[.dTQ
€i!z
Revenues s
Local Sales Tau S 993,500
Property Tax 650,000-700,000
Transient Tax 3,711,000
Business License 58,000
Total Revenues $ 5,312,500
to $5,462,500
cia
costs s
General Government $ 263,000
Public Safety 1,020,600
Community Developmen 43 3,400
Community Services 397,000
Library 176,000
Total Costs
$ 2,290,000
Net Revenues (Costs) S 3,122,500
to $3,172,500
Source: City ofcarlsbad
staff working paper
80 I K Street Suite 1600 Sacramento, CA
95814-3520
'4~ 916/322-3302 9 16/322-288 I
partners.
As an example of California's approach, the State is now working with Coca-Cola
to conduct the largest consumer promotion ever done by Coca-Coia in Japan.
Coca-Cola and other commercial sponsors are spending over S23 million to
promote travel to California San Diego County is one of six California themes
that will be seen on 492 rmllion cans of Coca-Cola products, 7.6 million point of
sale materials, a national Sprint "800" line, and teievision advertising. Fully one-
halfthe population has been reached by this campaigrs and an astonishing one-in-
ten Japanese will enter the sweepstakes to win a trip to California Due to the
success of this campaign, Coca-Cola Iast week approached our ofice to conduct a
similar promotion in the United Kingdom.
Among other promotional programs, the California Division of Tourism advertises
travel to California throughout the United States, organizes major statewide and
national consumer promotions, provides travel information to over 1.5 million
traveIers a year, stimulates trave1 journalists' interest i? destinations throu&out the
State, and conducts an extensive sales mission and trade show program in targeted
-c e -. e
Page Two
cities and countfies @lease see California Dikision of Tourism 1993/'?4 Tourism
Marketing Plan).
Not only are we eager to incarpax the LegoIand areraction into thz
aforementioned marketing activities, we inbite a representative of your attiaction
to become an official member of the Tourism Commission's hfarkcting Xdvisorj
Committee. This committee is comprised of the top tcurism marketing
professionals in the state and provides invaluable input and direction to our
tourism marketing progam.
California receives over 23'4 miIIion visitors (person trips) each year, and the
California Division of Tourism Iooks forward to worbig with the Legoland resort
to ensure that it, too, will receive a substantial share of this vast visitor base.
Please feel free to contact me or the Director of Tourism Marketing, Caroline
Petersen Betetq should you have any fhrther questions or need additional
information.
Sincerely,
34@&f*
-
JOHN POIMROO
Deputy SecretaryElirector of Tourism
- .. 1 ,a .. --. ._ 0 - . . .. , 'A '- I 1. ' ld*,.A .t* .'.:2,+ , ';,A 5r2. .* .,+a Ah .* 4 . ':r 2, IC v:
OEPARTMENT OF TRANSPORTATION
,4lVl!jiCN G+ f4,AlI- Attachment 0 = 3 mx w.2974
. 5ACPAMEN73. CA 9.127.r.c0~1
(916) X7-913 -- . ,c' ,9151 Gj4.;;1:
;,,: 9- IC;$; ,v.y -,
hlr. jwph %np?a
hec:,or
Wew Ventures and Liceruing
LEG0 sys&!m8, Lie
555 Taylor Road
P.O. Box 1600
, EniieId, CT 06082-1W
Dear Mr. Manna:
The 2ad .Marketing bran& oi &e California Deputaent of Tmportation,
(Caltrans) is pled to hear of your intaest in 10~ting Leg0 Fdy Park in Suuthem California.
Our Taruibilitt is to irunase ridership on Statt-sporwrd AmtaL tr;lirj
through advertising and promoting the benefits of ruf mveL
. In pmership with Am- we spend nsly $10 million mdy promoting
train travel in California, highlightmg popular Statewide destirutioru &at are
accessible by train
Some of those destinations have included tourist attractions sirmbr to Leg0 such
as the Napa Valley, Ymite. Reno ar.d San Fmcisco; &,erne parks indxcbg
Paramount's Creat America and Marim World: and speual evwb such 69 the
Sacramento Tat: Jubilee, &e csliforztid State Fair d others. We ae also pmmotional
prtners with the Oakland Athletics ard the Wornk hgcls.
I have end& a direct mad piece we produced in 1992 as M example of one of
our past marktting &m which hghhghted AmtraL: Jerrrice~ by Wg them with
popular Cakfumh destinatio~~. An attraction iike Leg0 Family Park would be a
IogicaI destination to indude in future publications like this one.
We can ab envision pint promotions to boost Leg0 Family Park attendance and
train rideship by =eating prize pduge giveaways with Amd kkeb and free
admijsion tu Zego. Prize packages could be won in radio station contests, in school contests with loa1 children or in any number of imagimffve wap, sating good will
and awarenejd of Leg0 and Arntrak --
-* 0 ..I. .. 4.r.t ...AA.. id . jt;iy :Z, ~YY,'I
I'dS' 2
We klime our succes i? hcreaing ndenhip oil Cabfonu !Tarn 's tied, ~n part,
to the datinatim we sme. Lqo's proximity to our %ULlen &ow se,-cic~
?:gvitieJ be opportunity for a vaiuablk joint parmershl?.
We weicomz % to Caiifocia acd !mic f0aa.d !O aCd3.3 :JOU to our list of
GLfornia promoriomi paenen. PIeuc contact me at (?IO) 7L7-34!3 ii i can be oi my f.x!-!er icu u ta rrcc
Sincerely,
CIiginai Sicnod by
ERIC SCtiXmEIE2, cud-
Markeen3 BAnch
' Emlosure
!xc CORFdeo
ESchatmeier
SAlston LCovirgton:133850ESxe m> General
..
LA1 llYl I e 0 JANUARV
COUNTY OF SAN DIEGO
OFFICE OF THE ASSESSOR GREGORY J. S
1600 PACIFIC HIGHWAY, ROOM 103 COUNTY ASSE
SAN DIEGO, CA 92101-2480
(619) 236-3771
October 23, 1995
Martin Orenyak Community Development Director City Of Carlsbad
2075 Las Palmas Drive Carlsbad, CA 92009
Dear Mr. Orenyak:
Re: Williamson Act Cancellation of Ecke Agricultural Preserve;
In response to your letter of September 20, 1995, the followin information is provided. The Certified Current Fair Market Valu for the portions of land being canceled under California Lan Conservation Act contract #76-1, is $14,300,000. The allocatia of this value by parcel is:
Request for Determination of Fair Market Value
Full Market Value ----------------- Acres --_---_ APN ---
211-022-05 107.85 $ 7,450,000 211-022-06 5.38 240,000 211-023-02 15.95 2 , 780,000 211-023-05 8.45 1,830,000 211-023-06 44.86 2,000,000 g-r3;3aa;aaa
If you have any further questions please call Patrick McKinney, a
(619) 498-2270.
Very truly yours,
GREGORY J. SMITH County Assessor
G-LJ 4 yJA.c.rhL& ROBERT L. TROVATEN Division Chief
GJS:RLT:go
cc: Carl tas Development Company
-4 tt~c h m e n
e 0
Carfsbad Ranch
Acre3 oe In APYS
Rea -uested for Cance htioq
-
Acres Requested Acres in
APYS for Cancellation AE!L
21 1-02245 io7 a5 149.14
21 1-022-06 5 38 27.95
21 1-023-02 15 95 39.88
21 1-023-05 8.45 12.00
21 1-023-06 44 86 71.96
TOTAL i 82.49'
e 0 A Rachn
IF - 1x0' 0'
:I
SCG' y>= ;' = sca'
-J
f
..................
..................
..............................
............................
........................... ............................ ............................ ............................ ............................ ............................ ............................ ............................ ............................
WUMASCN ACT MOS TO 8E REWED RCM MiSNG PMCm
ASSESCR'S PARCEL NUWm AREA (krs)
2 1 1 -022-05 107.85
21 1-02266 5.33 21 142542 t 5.95 21 1 -025-05 8.45
21 1-023-06 4426
tXHlBlT ' * 0 January 9,19S
CONDITIONS REQUIRED FOR FINAL CANCELLATION OF WILLIAMSON AC
CONTRACTS ON PORTIONS OF LAND TOTALING APPROXIMATELY 179.1 1 ACRE!
DESCRIBED AS THE LEGOLAND, RESORT, RESEARCH AND DEVELOPMENT
OFFICE, AND SPECIALTY RETAIL PLANNING AREAS AND LEGO DRIVE OF THI
CARLSBAD RANCH SPECIFIC PLAN AMENDMENT
Pursuant to Section 51 283.4 of the California Government Code, the following condition
shall be satisfied for final cancellation of Williamson Act Contracts on land totalinc
approximately 179.1 1 acres covered by Williamson Act Contract Number 76-1 an(
generally described as the LEGOLAND, Resort, Research and Development/Officc
Specialty Retail, and LEGO Drive Cancellation Areas, as depicted on Attachment "E-1 '
The landowner shall provide notice to the City, as specified in Section 51283.4 when a
conditions have been fulfilled for each such area. If the landowner is unable to satisf
the conditions enumerated below for that area, the landowner shall provide notice to thc
City of the particular conditions they are unable to satisfy and, pursuant to Sectioi
51283.4, the City shall, within thirty days, execute a certificate of withdrawal of approv2
of the tentative cancellation of the contract for that Cancellation Area and cause the samc
to be recorded. Determination by the City of compliance with these conditions i:
intended to be a ministerial act.
1.
COVERED BY WILLIAMSON ACT CONTRACT NUMBER 76-1 AND GENERALL'
PAYMENT OF THE CANCELLATION FEES
Cancellation fees for the LEGOLAND Cancellation, Resort Cancellation, Researcl
and Development/Off ice Cancellation, Specialty Retail Cancellation, and LEG(
Drive Cancellation in the amounts as calculated by the City and certified to thc
county auditor, based upon the cancellation values certified to the Council by thc
county assessor, shall be paid for that Cancellation Area prior to final cancellatioi
of the respective cancellation area. If the County Assessor certifies a lesse
cancellation value for APN 211-022-05 and APN 211-023-06, pursuant to thl
applicant's reconsideration letter to the County Assessor on November 9, 1995
and December 15, 1995, cancellation fees for the LEGOLAND Cancellation, Resoi
Cancellation, and LEGO Drive Cancellation shall be recalculated by the City anc
certified to the County Auditor based upon the revised cancellation value certifiec
to the City Council by the County Assessor. If such fees have not been paic
within one year of the date of recording of the Certificate of Tentative Cancellation
any such unpaid fee for the Cancellation Area subject to final cancellation shall bc
recomputed upon notice to the City by the landowner that the landowner ha:
satisfied, or is prepared to satisfy the outstanding conditions. Recomputation sha
follow the procedure for the original calculation and shall be based upon the valuc
of the land at the time of recomputation.
PERMITS NECESSARY TO COMMENCE THE PROJECT
All permits necessary to commence the project within the Cancellation Area sha
have been issued prior to final cancellation for that Cancellation Area. Thl
2.
0 0
Permits necessary to commence the Project pursuant to Government Cod
section 51283.4 are determined by the City to be the following:
A) A Final Map or Grading Permit from the City of Carlsbad for th
LEGOLAND, the Resort, the Research and Development/Office, th
Specialty Retail, or LEGO Drive Cancellation Areas; and
A Coastal Development Permit from the City of Carlsbad or Californi
Coastal Commission for any grading in the LEGOLAND, the Resort, th
Research and Development/Office, the Specialty Retail, or LEGO Driv
Cancellation Area.
B)
3. DEDICATIONS OF PROPERTY
The landowner shall, prior to final cancellation of any Cancellation Area, offer tc
the City or to the appropriate public agency, all property within the LEGOLANC
the Resort, Research and Development/Office, the Specialty Retail, and LEG(
Drive Cancellation Areas which are required to be dedicated to public ownershil
for that Cancellation Area under the conditions of the Specific Plan Amendmer
and/or Tentative Map for Carlsbad Ranch.
4. ENVIRONMENTAL IMPACT REPORT AND STATEMENT OF OVERRIDIN(
CONSIDERATIONS AND MITIGATION AND MONITORING REPORT
Pursuant to Sections 15162 and 15168 of the State of California Environment;
Quality Act (CEQA) Guidelines, the City of Carlsbad has reviewed the proposec
request for tentative cancellation on portions of land totaling approximately 179.1
acres covered by Williamson Act Contract Number 76-1 and generally describec
as the LEGOIAND, Resort, Research and Development/Off ice, Specialty Reta
and LEGO Drive Cancellation Areas and has determined that the request is withi
the scope of the approved Carlsbad Ranch Specific Plan Amendment (Ordinanc
NS-344), and that the certified Carlsbad Ranch Specific Plan Amendment an1
Final Environmental Impact Report (Resolution No. 96-1) and adopted Statemer
of Overriding Considerations and Mitigation and Monitoring Program (Resolutioi
No. 96-1) adequately describes the associated potential impacts and requirec
mitigation measures and no new environmental documentation has been requirec
for the purposes of CEQA.
The landowner shall, prior to final cancellation of any Cancellation Area, complet
all required mitigation measures identified for that cancellation area in the certifiec
Carlsbad Ranch Specific Plan Amendment Final Environmental Impact Repoi
(Resolution No. 96-1) and adopted Statement of Overriding Considerations an(
Mitigation Monitoring Program (Resolution No. 96-1) for the LEGOLAND, Resor
Research and Development/Off ice, Specialty Retail, and LEGO Drive Cancellatio
Areas.
ATTACHMENT “E-
..
0
~~z.4 .+-E:~,vX LAG30P
1%- 0
.\ \ \- 7”
1..
1 *\..
j ,/ I
\ -.
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’, \
’.. \
c
‘\
CARLSBAD RANCH: CAPICELLATION AREAS
A.
B.
C.
D.
E.
Specialty Retail Cancellation Area - 15.95 Acres
Research and Development/Office Cancellation Area - 20.87 Acres
LEG0 Drive Cancellation Area - 1.08 Acres
LEGOLAND Cancellation Area - 93.35 Acres
Resort Cancellation Area - 47.86 Acres
0 0
RECORDING REQUESTED BY AND )
WHEN RECORDED MAIL TO: )
)
City Clerk 1
CITY OF CARLSBAD )
1200 Carlsbad Village Drive 1
Carlsbad, CA 92008 )
)
I
Space above this line for Recorder’s use
Parcel No. 21 1-022-05, 06, 21 1-023-02, 05, OE
CERTIFICATE OF TENTATIVE PARTIAL CANCELLATION PURSUANT TO
CALIFORNIA LAND CONSERVATION ACT OF 1965
Pursuant to the California Land Conservation Act of 1965, the City 1
Carlsbad (the “City”), does hereby give notice of tentative partial cancellation of tt
following described contract and certifies:
1. On February 10, 1976, the then current landowner and the Ci
entered into that certain Land Conservation Contract 76-1 under the California Lar
Conservation Act of 1965, recorded on March 1, 1976, as Document Number 76-05975
in the Office of the San Diego County Recorder (the “Contract”).
2. The land subject to the Contract is described in Exhibit “A attache
hereto and incorporated herein by this reference (the “Contract Land”).
3. Carltas Company, a California limited partnership; CB Ranc
Enterprises, a California corporation; Carlsbad Ranch Company L.P., a California limite
.. partnership; and Carlsbad Estate Holding, Inc., a California corporation, the currei
owners of a portion of the Contract Land which is depicted in Exhibit “B” attached herei
and incorporated herein by this reference (the “Carlsbad Ranch Cancellation Land”).
4. The Carlsbad Ranch Cancellation Land is the subject of the tentatib
partial cancellation adopted on 1996, by the City Council of the Ci
of Carlsbad (the “Council”) Resolution No. 96-2, subject to the conditions set forth
January 9
0 0
Exhibit “C” , therein (the “Conditions”).
5. The Conditions are set forth in this Section 5 and shall be satisfie
for final partial cancellation of the respective cancellation area.
5.1. Pavment of the Cancellation Fee. A cancellation fee for tt
respective cancellation area in the amount of: $791,609.00 for the LEGOLAh
Cancellation Area; $291,694.00 for the Resort Cancellation Area: $301,194.00 for tt
Research and Development/Off ice Cancellation Area; $347,391 .OO for the Specialty Ret:
Cancellation Area; and, $29,227.00 for LEGO Drive Cancellation Area. The Cancellatic
Fee is as calculated by the City and certified to the County Auditor, based upon tt
cancellation value certified to the Council by the County assessor shall be paid prior i
final partial cancellation. If the County Assessor certifies a lesser cancellation value fc
APN 21 1-022-05 and APN 21 1-023-06, pursuant to the applicant’s reconsideration lett
to the County Assessor of November 9, 1995, and December 15, 1995, cancellation fee
for the LEGOLAND cancellation, resort cancellation, and LEGO Drive cancellation shz
be recalculated by the City and certified to the County Auditor based upon the revise
cancellation value certified to the Council by the County Assessor. If such fee has nc
been paid within one (1) year of the date of recordation of this Certificate of Tentatib
Partial Cancellation, any such unpaid fee for the area subject to final cancellation shc
be recomputed upon notice to the City by the landowner that landowner has satisfiec
or is prepared to satisfy, the outstanding conditions. Recomputation shall follow th
procedure for original calculation and shall be based upon the value of the land at th
time of recomputation.
....
-2-
e e
5.2. Permits Necessarv to Commence the Proiect. All permi
necessary to commence the project within the respective cancellation areas, shall ha\
been issued prior to final partial cancellation for that cancellation. The permits necessa
to commence the project pursuant to California Government Code Section 51 283.4, a
determined by the City to be the following:
i) A Final Map or Grading Permit from the City of CarlsbE
for the grading in the respective cancellation areas including LEGOIAND, the Resort, tt
Research and Development/Office, the Specialty Retail, or LEGO Drive cancellatic
areas; and,
ii) A Coastal Development Permit for the respectiv
cancellation area from the City of Carlsbad or the California Coastal Commission for ar-
grading in the LEGOLAND, the Resort, the Research and Development/Office, th
Specialty Retail, or LEGO Drive cancellation area.
5.3. Dedication of Propertv. Prior to final cancellation of ar
Cancellation Area, the landowner shall offer to the City or to the appropriate pub1
agency, all property within the LEGOLAND, Resort, Research and Development/Officf
the Specialty Retail, and LEGO Drive cancellation area, which is required to be dedicate
to public ownership for that cancellation area under the conditions of the Carlsbad Ranc
Specific Plan Amendment 207(A).
5.4 Environmental Impact Report and Statement of Overridin
Considerations and Mitiqation Monitorinq Proqram. Pursuant to Sections 151 62 an,
151 68 of the State of California Environmental Quality Act (“CEQA) Guidelines, the Cit
has reviewed the proposed request for tentative cancellation on portions of land totalin!
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2pp/'OXi?7d& 179.1 1 acres covered by Williamson Act COntract Number 76-1 ai
generally described as portions of the LEGOLAND, Resort, Research ai
DevelopmenVOffice, Specialty Retail and LEG0 Drive cancellation areas of the approvc
Carlsbad Ranch Specific Plan Amendment 207(A) (Ordinance No. NS-344), and that tt
certified Carlsbad Ranch Specific Plan Amendment 207(A) Final Environmental lmpa
Report (Resolution No. 96-1) and adopted Statement of Overriding Considerations ar
Mitigation Monitoring Program (Resolution No. 96-1) adequately describe the associatc
potential impact and required mitigation measures and no new environment
documentation has been required for the purposes of CEQA.
The landowner shall, prior to final cancellation of any Cancellatic
Area, complete and/or comply with all applicable required mitigation measures for th,
Cancellation Area identified in the certified Carlsbad Ranch Specific Plan Amendmei
207(A) Environmental Impact Report (Resolution No. 96-1) and adopted Statement (
Overriding Considerations and Mitigation Monitoring Program (Resolution No. 96-1) fc
the LEGOLAND, Resort, Research and Development/Office, Specialty Retail and LEG(
Drive cancellation areas.
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6, A Certificate of Final Partial CaHtela5on for the LEGbWh
Cancellation Area, the Resort Cancellation Area, the Research and Development/Offi
Cancellation Area, the Specialty Retail Cancellation Area, or the LEG0 Drive Cancellatic
Area will be issued and recorded by the City upon satisfaction by the landowner of tt
respective conditions for that cancellation area set forth in Section 5, above.
CLAUDE A. LEWIS, Mayor Date
City of Carls bad
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk
City of Carlsbad
(SEAL)
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EXHIBIT 0 0 .--- .’ +. ‘1.. AGUA HDI9ND-4 LAGOOX
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CARLSBAD RANCH: WILLIAMSON ACT LANDS
0 121.94 m1.111 146.35
Non-Williamson Act Lands
Williamson Act Lands Remaining Under Contract
Williamson Act Lands to be Removed from Contract
179.1 1
' 0' 1600'
800'
N 211-023-03
APN 21 1-022-02
PN 211-022-01
WILLIAMSON ACT IANDS TO BE REMOVED FROM Dl.SllNG PARCELS
ASSESSOR'S PARCEL NUMBER AREA (Acres)
21 1-022-05 107.54
2 1 1 -023-02 15.95
21 1-023-06 44.06
21 1-022-06 2.68
21 1-023-05 8.08
Date: 10/09/95 lime: 13: PC #1 flLE=F:\JOBS\891014\LGOEXWbA.DWG
I EXHIBIT "( e 0
Ir
CONDITIONS REQUIRED FOR FINAL CANCELLATION OF WILLIAMSON AC
CONTRACTS ON PORTIONS OF LAND TOTALING APPROXIMATELY 179.1 1 ACRE
COVERED BY WILLIAMSON ACT CONTRACT NUMBER 76-1 AND GENERAU
DESCRIBED AS THE LEGOLAND, RESORT, RESEARCH AND DEVELOPMEN
OFFICE, AND SPECIALTY RETAIL PLANNING AREAS AND LEGO DRIVE OF TH
CARLSBAD RANCH SPECIFIC PLAN AMENDMENT
Pursuant to Section 51283.4 of the California Government Code, the following conditior
shall be satisfied for final cancellation of Williamson Act Contracts on land totalir
approximately 179.1 1 acres covered by Williamson Act Contract Number 76-1 ar
generally described as the LEGOLAND, Resort, Research and Developrnent/Offic
Specialty Retail, and EGO Drive Cancellation Areas, as depicted on Attachment "E-1
The landowner shall provide notice to the City, as specified in Section 51283.4 when i
conditions have been fulfilled for each such area. If the landowner is unable to satis
the conditions enumerated below for that area, the landowner shall provide notice to tt
City of the particular conditions they are unable to satisfy and, pursuant to Sectic
51283.4, the City shall, within thirty days, execute a certificate of withdrawal of approv
of the tentative cancellation of the contract for that Cancellation Area and cause the san
to be recorded. Determination by the City of compliance with these conditions
intended to be a ministerial act.
1. PAYMENT OF THE CANCELLATION FEES
Cancellation fees for the LEGOLAND Cancellation, Resort Cancellation, Researc
and Development/Ofhke Cancellation, Specialty Retail Cancellation, and LEG
Drive Cancellation in the amounts as calculated by the City and certified to tt
county auditor, based upon the cancellation values certified to the Council by tt
county assessor, shall be paid for that Cancellation Area prior to final cancellatic
of the respective cancellation area. If the County Assessor certifies a less
cancellation value for APN 21 1-022-05 and APN 21 1-023-06, pursuant to tt
applicant's reconsideration letter to the County Assessor on November 9, 199
and December 15,1995, cancellation fees for the LEGOLAND Cancellation, Resc
Cancellation, and LEGO Drive Cancellation shall be recalculated by the City ar
certified to the County Auditor based upon the revised cancellation value certific
to the City Council by the County Assessor. If such fees have not been pa
within one year of the date of recording of the Certificate of Tentative Cancellatio
any such unpaid fee for the Cancellation Area subject to final cancellation shall t
recomputed upon notice to the City by the landowner that the landowner h:
satisfied, or is prepared to satisfy the outstanding conditions. Recomputation shi
follow the procedure for the original calculation and shall be based upon the vali
of the land at the time of recomputation.
PERMITS NECESSARY TO COMMENCE THE PROJECT
All permits necessary to commence the project within the Cancellation Area shi
have been issued prior to final cancellation for that Cancellation Area. Tt
2.
B 0 e
Permits necessary to commence the Project pursuant to Government Coc
section 51283.4 are determined by the City to be the following:
A) A Final Map or Grading Permit from the City of Carlsbad for tt
LEGOIAND, the Resort, the Research and Development/Office, tt
Specialty Retail, or LEGO Drive Cancellation Areas; and
A Coastal Development Permit from the City of Carlsbad or Califom
Research and Development/Office, the Specialty Retail, or LEGO Dri\
Cancel lation Area.
€3) Coastal Commission for any grading in the LWOWND, the Resort, 11
3. DEDICATIONS OF PROPERTY
The landowner shall, prior to final cancellation of any Cancellation Area, offer
the City or to the appropriate public agency, all property within the LEGOIAN
the Resort, Research and Development/Office, the Specialty Retail, and LEC
Drive Cancellation Areas which are required to be dedicated to public ownerst
for that Cancellation Area under the conditions of the Specific Plan Amendme
and/or Tentative Map for Carlsbad Ranch.
4. ENVIRONMENTAL IMPACT REPORT AND STATEMENT OF OVERRIDIh
CONSIDERATIONS AND MITIGATION AND MONITORING REPORT
Pursuant to Sections 15162 and 15168 of the State of California Environmen
Quality Act (CEQA) Guidelines, the City of Carlsbad has reviewed the proposl
request for tentative cancellation on portions of land totaling approximately 179.
acres covered by Williamson Act Contract Number 76-1 and generally describc
as the LEGOIAND, Resort, Research and Development/Office, Specialty Ret
and LEGO Drive Cancellation Areas and has determined that the request is witt
the scope of the approved Carlsbad Ranch Specific Plan Amendment (Ordinan
NS-344), and that the certified Carlsbad Ranch Specific Plan Amendment ai
Final Environmental Impact Report (Resolution No. 96-1) and adopted Statemc
of Overriding Considerations and Mitigation and Monitoring Program (Resoluti
No. 96-1) adequately describes the associated potential impacts and requir
mitigation measures and no new environmental documentation has been requir
for the purposes of CEQA.
The landowner shall, prior to final cancellation of any Cancellation Area, complc
all required mitigation measures identified for that cancellation area in the certifi
Carlsbad Ranch Specific Plan Amendment Final Environmental Impact Rep
(Resolution No. 96-1) aM adopted Statement of Overriding Considerations a
Mitigation Monitoring Program (Resolution No. 96-1) for the LEGOIAND, Res<
Research and Development/Office, Specialty Retail, and LEGO Drive Cancellati
Areas.
* ATTACHMENT "E- r)
ASJA .yE:S.VCA SG3oP
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CAWSBAD RANCH: CANCELLATION AREAS
A.
B.
c.
D.
E.
Specialty Retail Cancellation Area - 15.95 Acres
Research and Developrnent/Offke Cancellation Area - 20.87 Acres
LEG0 Drive Cancellation Area - 1.08 Acres
LEGOLAND Cancellation Area - 93.35 Acres
Resort Cancellation Area - 47.86 Acres