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HomeMy WebLinkAbout1996-01-09; City Council; 13464 Exhibit 2; Carlsbad Ranch Specific Plan1 2 3 4 5 6 7 6 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -* RESOLUTION NO. 96-2 r/q I% A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD APPROVING AMENDMENTS TO WILLIAMSON ACT CONTRACT NUMBER 76-1 AND APPROVING TENTATIVE CANCELLATION OF THE WILLIAMSON ACT CONTRACT ON PORTIONS OF LAND TOTALING APPROXIMATELY 179.11 ACRES COVERED BY WILLIAMSON ACT CONTRACT NUMBER 76-1 AND GENERALLY DESCRIBED AS PORTIONS OF THE RESEARCH AND 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 “Specific Plan”) was approved by the City Council of the City of Carlsbad (the “Council”) on this _ 16th day of January , 1996, by Ordinance No. NS-344 ; and, the Carlsbad Ranch Specific Plan Amendment Program Environmental Impact Report (the “EIR”) was certified by the Council on this 9th day of January , 1996, by City Council Resolution No. 96-l J and the Statement of Overriding Considerations and Mitigation Monitoring Program was adopted by the Council on this 9th day of January , 1996, by City Council Resolution No. 96-1 (collectively, the “certified EIR”). WHEREAS, development contemplated by the approved Specific Plan (the “Project”) provides for an integrated whole inclusive of agriculture at The Flower Fields, golf course, open space, education, LEGOLAND, resort, specialty retail, and research and development/office uses. . . . . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 20 e- WHEREAS, the Project’s approximately 447.4 acres include the 328.84 acre Agricultural Preserve Number 76-1, established by Resolution 76-3851 of the Council, as recorded in the Office of the County Recorder of San Diego County (the “Recorder’s Office”) as Document Number 76-059757 on March 1, 1976. WHEREAS, the then current landowner and the City of Carlsbad entered into Williamson Act Contract Number 76-1, (the “Contract”), recorded in the Recorder’s Office on March 1, 1976, as Document Number 76-059758. The Contract was amended by that certain First Amendment to Land Conservation Contract recorded on May 7, 1993 in the Recorder’s Office as Document Number 93-0286978; that certain Second Amendment to Land Conservation Contract recorded on December 29, 1988 in the Recorder’s Office as Document Number 88-672971; and that certain Third Amendment to Land Conservation Contract recorded on April 21, 1993 in the Recorder’s Of ‘ficc ;is Document Number 93-0243908. The Contract and said Amendments are on file u ,ith the City of Carlsbad. WHEREAS, a Notice of Nonrenewal has been served for all parcels L\ I I 11111 the Agricultural Preserve, as evidenced by Document Number 91-0514607, record4 I II I tic Recorder’s Office on October 4, 1991. WHEREAS, a Petition for Tentative Cancellation for portions I 11 I.II:<~. depicted in Exhibit “A” dated January 9, 1996, attached hereto (the “cancellation I.II~~!\ I subject to Contract Number 76-l was submitted to the City of .Carlsbad by ( I I j I .I’ Company, a California limited partnership, (the “applicant”) the then current ian& 1~ !!L r of the land depicted in the Petition as Williamson Act land to be removed from ( ‘1911 I I I c t (the “cancellation lands”). -2- 1 ; I A c . e 7 a 9 10 11 12 13 14 15 16 17 10 19 20 21 22 23 24 25 36 27 20 _ - WHEREAS, a request for further amendment of the Contract and of the boundary of Agricultural Preserve Number 76-1 was submitted to the City of Carlsbad by the current landowners of the lands covered by the “Contract” on December 20, 1995. WHEREAS, the alternate uses proposed by the applicant include commercial, office/industrial, resort, educational, and themepark uses described in the approved Specific Plan Amendment and the certified EIR. WHEREAS, pursuant to Section s 15162 and 15168 of the State of California Environmental Quality Act (“CEQA”) Guidelines, the City of Carlsbad has reviewed the proposed request for amendment of Williamson Act Contract and tentative cancellation on portions of land totaling approximately 179.11 acres thereunder and has determined that the contract amendment is exempt form CEQA pursuant to Section 15061(b)(3) of the Guidelines and that the tentative cancellation request is within the scope of the approved Specific Plan, and that the certified program EIR adequately describes the associated potential impacts and mitigation measures and no new environmental documentation is required for the purposes of CEQA. WHEREAS, on this 16th day of January, 1996, the City Council approved the Project’s proposed alternate uses as described in the Specific Plan by adopting City Council Ordinance No. NS-344 approving the Specific Plan; and on this 9th day of January, 1996, adopted City Council Resolution No. 96-1 amending the City of Carlsbad General Plan. WHEREAS, the City of Carlsbad has caused to be published a Notice of Public Hearing pursuant to California Government Code Section 51284,15168, and 6061, has caused the Public Notice to be posted on the lands proposed for cancellation, and has mailed a Notice of Public Hearing and a copy of the Petition to the Director of the -3- 1 2 3 4 5 6 7 0 9 10 11 12 13 14 15 16 17 10 19 20 21 22 23 24 25 26 27 20 California State Department of Conservation and certain landowners pursuant to California Government Code Section 51284. WHEREAS, the City Council of the City of Carlsbad held a public hearing on the 9th day of January, 1996, to take public testimony and consider the request for Contract and Agricultural Preserve boundary amendment and tentative partial cancellation. WHEREAS, the City has formally requested by letter of September 20,1995, that the San Diego County Assessor certify to the City of Carlsbad the full market value of the cancellation lands for purposes of calculating the cancellation fee pursuant to Government Code Section 51283. The cancellation fee shall be calculated by the City pursuant to Section 51283 and certified to the County Auditor, based upon the number of acres being canceled and the cancellation value per acre finally certified to the City of Carlsbad by the County Assessor. WHEREAS, by letter of October 23, 1995, to the City, the County Assessor, pursuant to Government Code Section 51283, certified the current fair market value for the 182.49 acres for which cancellation was requested under California Land Conservation Act Contract No. 76-l as $14,300,000.00; and WHEREAS, the cancellation fee is 12.5% of the certified current fair market value for the area proposed for cancellation; and WHEREAS, the acres for which cancellation is sought has been reduced from 182.49 acres to 179.11 acres based on the dedication of 3.38 acres of Armada Drive which were dedicated as a public improvement on Final Map Number 13215, approved by 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 December 15, 1995, to the County Assessor, has asked that reconsideration be given to the fair -4- 1 market value of only two of the five parcels involved, Assessor’s Parcel Number 21 l-022-05 I 2 and Assessor’s Parcel Number 211-023-06 for the reasons contained in said letters 3 (“Informal Appeal”); and WHEREAS, Government Code Section 51203 provides that the current fair 5 6 market valuations referred to in Government Code Section 51283 relating to the 7 certification shall be subject to appeal to the County Board pursuant to Revenue & Tax 8 Code Section 1604 (“Formal Appeal”); and 9 WHEREAS, the current fair market value certified by the County Assessor lo by letter of October 23, 1995, might be subject to readjustment and final certification 4 11 12 13 14 pursuant to the Informal Appeal and/or a Formal Appeal pursuant to Government Code Section 51203, if necessary; and WHEREAS, the City and Applicant desire to move forward with the 15 tentative cancellation at this time with the understanding that the certificate of final 16 cancellation will not be executed until there is a final determination and final certificaucm 17 of this current fair market value subject to applicant’s rights to waive its request tar 10 19 20 21 22 reconsideration under the Informal Appeal or under the Formal Appeal. NOW, THEREFORE, BE IT RESOLVED by the City Council of t hc ( .I n of Carlsbad, that the Fourth Amendment to the Land Conservation Contract uttx hcd hereto as Exhibit “B”, dated January 9, 1996, is hereby approved. 23 NOW, THEREFORE, BE IT FURTHER RESOLVED by the City (‘i wnc t I 1 24 of the City of Carlsbad, that the Findings attached hereto as Exhibit “C”, dated January , 25 ?S 27 20 9,196, are the Findings of the City Council of the City of Carlsbad regarding Will t a rn\( VI / Act Contract Cancellation for Portions of the Carlsbad Ranch Specific Plan Amrndmcnt Planning Areas and reflect the City Council’s independent judgment. -5- 1 NOW, THEREFORE, BE IT FURTHER RESOLVED by the City Council 2 of the City of Carlsbad, that the Tentative Cancellation of the Contract with respect to the 3 cancellation lands is hereby approved based upon the Findings attached hereto as Exhibit 4 “C” dated January 9, 1996. 5 6 NOW, THEREFORE, BE IT FURTHER RESOLVED by the City Council 7 of the City of Carlsbad that as a condition to the execution of the certificate of final 0 cancellation the certified current fair market value per acre by APN will either be the 9 amount contained in the October 23, 1995, letter from the County Assessor attached lo hereto as Exhibit “D”, dated January 6,1996, or such lessor amount that may be provided 11 in a revised letter from the County Assessor in response to the applicant’s reconsideration 12 13 letters of November 9, 1995, and December 15, 1995, or by order of the Board pursuant 14 to Government Code Section 51203 and that the cancellation fee shall be based upon the 15 cancellation valuation of the property as finally determined and finally certified by the 16 County Assessor or the Board pursuant to State law. 17 NOW, THEREFORE, BE IT FURTHER RESOLVED, by the City Council 10 of the City of Carlsbad that the certified current fair market value for the portions of land 19 being cancelled under California Land Conservation Act Contract No. 76-l is determined / 20 I 21 and certified to the County Auditor to be either $14,088,916.00 as based on 179.11 acres / 22 and the value per acre by APN provided in the October 23, 1995, letter of the County 23 Assessor or the lower readjustment and finally certified amount as so determined by the 24 County Assessor upon review after the Informal Appeal or by the Board pursuant to 25 Revenue and Taxation Code Section 5 1203, the Formal Appeal. 20 27 NOW, THEREFORE, BE IT FURTHER RESOLVED by the City Council / I of the City of Carlsbad, that the attached Conditions to Final Cancellation are as listed in I 20 ‘. I : I 6- -a 1 Exhibit “E” dated January 9, 1996, attached hereto and are hereby approved. 2 NOW, THEREFORE, BE IT FURTHER RESOLVED by the City Council 3 of the City of Carlsbad, that the Certificate of Tentative Partial Cancellation Pursuant to 4 the California Land Conservation Act of 1965, attached hereto as Exhibit “F”, dated 5 6 January 9,1996 is hereby approved. 7 NOW, THEREFORE, BE IT FURTHER RESOLVED by the City Council 0 of the City of Carlsbad, that upon the issuance of a Certificate of Final Partial Cancellation 9 for any portion of the Contract, the boundaries of the Agricultural Preserve shall be 10 automatically amended to exclude the land for which the Certificate of Final Partial 11 Cancellation has been issued. 12 PASSED, APPROVED AND ADOPTED at a regular meeting of the City 13 ,4 Council of the City of Carlsbad, California, on the 9th day of January J 1996, by the 15 following vote, to wit: 16 AyES: Council Members Lewis, Nygaard, Kulchin, Finnila and H.111 17 10 19 20 21 22 23 24 25 26 NOES: None ABSENT: None ABSTAINz None ATTEST: ALETHA L. RAUTENKRANZ, City Cl&k 27 (SEAL) il 20 . - -7- 3t EXHIBIT “A” . JANUARY 9,1996 ; 4!B CARlTM cornpww nFe-r.*-q . .a-,,... ..- July 1, 1994 City of Carisbad 2073 Las Palmas Drive Carlsbad, CA 920094859 JUL 0 5 I994 CITY OF CARLSBA3 PUNNING DEPT. Attn: Martin Orenyak Community Development Director RE: v Aa&&udweNo. m 761 Dear Mr. Orcnyak: Purwant to Section 10 of the Lad Conservation Contract, dated February 10,1976, and Section 51282 of the Government code, we hereby petition the City Couhl for candation of the contract on the land identified on tbc attached map (Exhibit A). TIE proposed specified alternative use is visitor-oriented mixed use, with specialty family oriented park, lodging, 2nd ancillary facilities, gemally ilhstratal by the attached project documents (Exhibit B). A list of the government ageafics ~IKWII by us to h;rve permit authority ceW to the proposed aitcmative use is also attached (Exhibit C). . Please let us know if you require any fhther information from us for this petitioa to be deemed - complete. Thank you for your cohleration. CARLTAS COMPANY CCC/jp .- \’ 5000 AVENIM ENUNAS l SUITE 100 l CARlSEuD, CALJFORNIA $2000 USA: #meha Am I- CIY am*. .m - EXHIBIT A . . --N - . . . --\ AGUA KLSI~NDA UG-” ‘. , A--’ \ CARLSBAD RANCH: WILLIAMSON ACT LANDS I Non-Williamson Act Lahds 121.94 Williamson Act Lands Remaining Under Contract 146.35 Williamson Act Lauds to be Removed ffom Contner mi -,,9.*1 Exhibit B Carlsbad Ranch Specific Plan (Draft of July 1994) Filed separately with Community Development Department . EXHIBIT C KNOWN ISSUING AGENCIES AND PERMITS REGION . G AGENT 1. CRY OF ChiUSMD 0 BUILDDIG AND GW[NQ PERMIT 0 SPECIFIC PLAN AND RELATED IMPLEh4ENTING h4ATTERS 2. CALIFORNIA COASTAL COMMISSION l COASTAL DEVELOPMENT PERMIT (Gmm~/Fm~ MAP) 0 LOCAL COASTAL PLAN AMENDMENT RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO: 1 City Clerk ; CITY OF CARLSBAD 1200 Carlsbad Village Drive ; Carls bad, CA 92008-l 989 Space above this line for Recorder’s use FOURTH AMENDMENT TO LAND CONSERVATION CONTRACT (Agricultural Preserve 76-l) This Fourth Amendment to Land Conservation Contract (this “Amendment”) is made as of , 1998, by and between Carlsbad Ranch Company, L.P., a California limited partnership, Carlsbad Estate Holding, Inc., a California corporation, and CB Ranch Enterprises, a California corporation (collectively, “Owner”) and the City of Carlsbad, a municipal corporation (the “City”), with respect to the Recitals set forth below. RECITALS A. Carltas Company, a California corporation (Carltasl’), and the City, entered into that certain Land Conservation Contract, dated February 28, 1976, and recorded on March 1, 1978, in the Office of the County of San Diego Recorder as Document Number 78459758, pursuant to the provisions of the Land Conservation Act 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 ct San Diego Recorder as Document Number 93-0286978; as further amended by that 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 County Recorder as Document Number 884672971; and, as further amended by that certain Third Amendment to Land Consen/ation Contract, dated April 12,lQ93, and recorded on May 21, 1993, in the Office of the County of San Diego Recorder as Document Number 93-0243908, (the “Contract”). 6. Owner is the current owner of the land subject to the Contract and Carltas’ successor in interest under the Contract. C. Owner and the City now desire to further amend the Contract to conform to current statutory provisions of the Williamson Act as set forth below. NOW, THEREFORE, Owner and the City agree to amend the Contract as follows: 1. Section 10 of the Contract is amended in its entirety to read: Section 10. CANCELLATION. (a) This Agreement may be canceled only by mutual agreement of the Owner and City pursuant to Section 51282 of the Act (Government Code) when, after a public hearing has been held in accordance with the provisions of Section 51284 of the Act (Government Code), the City Council finds either: (1) that the cancellation is not inconsistent with the purposes of the Act; or (2) that the cancellation is in the public interest. (b) This Agreement shall not be canceled until the cancellation fee specified in Section 51283 has been paid, unless such fee or portion thereof is waived or deferred pursuant to subdivision (c) of that section. 04 References in this paragraph 10 to the Act and to sections of the Act (Government Code) are to the Act and sections of the Act (Government Code) as they exist upon the date of the adoption of this Amendment. 2. Section 12 of the Contract is amended to strike, “CONTRACT BIDS SUCCESSORS.“, and to add, “CONTRACT BINDS SUCCESSORS.” 3. Pursuant to Section 16, NOTICE, of the Contract, notice to OWNER 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 this Amendment on the date set forth below. “OWNER” 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 . - “CITY” CITY OF CARLSBAD, a municipal corporation By: Claude A. Lewis, Mayor Date: . FINDINGS OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA FOR APPROVING TENTATIVE CANCELLATION OF A WILLIAMSON ACT CONTRACT ON PORTIONS OF LAND TOTALING APPROXIMATELY 179.11 ACRES COVERED BY WILLIAMSON ACT CONTRACT NUMBER 76-l AND GENERALLY DESCRIBED AS PORTIONS OF RESEARCH AND DEVELOPMENT/OFFICE, LEGOIAND, RESORT, AND SPECIALTY RETAIL PLANNING AREAS OF THE CARLSBAD RANCH SPECIFIC PLAN 207(A) I. INTRODUCTION The City Council of the City of Carlsbad hereby makes the following Findings concerning the contract cancellation for portions of land under Land Conservation Contract Number 76-1 recorded as File Number 76-059758 on March 1, 1976, by the County Recorder of the County of San Diego, and as amended by a First, Second, Third, and Fourth Amendment recorded by the County Recorder of the County of San Diego as Document Numbers 93-0286978, 88-672971, and 93-0243908, respectively. The land is situated in Agricultural Preserve No. 76-1, created by City of Carlsbad City Council Resolution 3851 and recorded by the County Recorder of the County of San Diego as File 76-059757. A. LOCATIONOFCONTRACTEDLAND The proposed cancellations are pursuant to the Williamson Act (California Government Code Section 51200 et seq.) and are for those portions of the Carlsbad Ranch Specific Plan 207(A) listed by County of San Diego Assessor’s Parcel Numbers on Attachment A and depicted in Attachment B. The areas listed and depicted are included in those areas described in the Specific Plan as: the Resort Planning Area, a portion of the LEGOLAND Planning Area, a portion of the Research and Development/Office Planning Area, and a portion of the Specialty Retail Planning Area. These Planning Areas are listed in Attachment C and fkther depicted in Attachment D, and are more fully described in the following documents to be approved by the City Council, concurrently with the making of these Findings: (1) the Carlsbad Ranch Specific Plan Amendment 207(A) (the “Specific Plan”); (2) the Carlsbad Ranch Specific Plan Amendment Final Program Environmental Impact Report (the “EIR”), and (3) the General Plan Amendment 94-03. The acres requested for cancellation are slightly less than the 182.49 acres noted in the EIR This is due to the dedication of a portion of Armada Drive as a public improvement. Approximately 3.38 acres of Armada Drive were dedicated as public improvements on Map No. 13215, recorded on June 30,1995, as File Number 95-0277693. This dedication on the Final Map was the ministerial action that was provided in Tentative Map CT 92-07. By dedication for public improvement, the 3.38 acres were removed from Williamson Act contract. Development as contemplated by the Specific Plan is referred to herein as the “Project.” The Project site consists of approximately 447.4 acres. The Agricultural Preserve currently consists of approximately 328.84 acres within the Project. Existing contracts cover approximately 325.46 acres or the preserve amount less the 3.3 8 acres which were dedicated for public improvement. Page 1 8. STATUS OF WILLIAMSON ACT CONTRACT IN PROJECT A Notice of Nonrenewal for all parcels within the Preserve was recorded by the County Recorder of the County of San Diego on October 4, 1991, as Document Number 91-0514607. Cancellation is proposed for a portion of the land covered in the Notice of Nonrenewal, specifically: approximately 47.86 acres in the Resort Planning hea; approximately 2 1.95 acres in the Research and Development/Office Planning Area; approximately 93.35 acres in the LEGOLAND Planning Area; and, approximately 15.95 acres in the Specialty Retail Planning Area. Remaining land within the Project is either: (1) not within the Agricultural Preserve and, therefore, not covered by a Williamson Act contract; (2) within the Agric$ural Preserve and currently covered by a Williamson Act contract, but for which contract termination will be through nonrenewal expiration rather than immediate cancellation; or (3) within the Agricultural Preserve but not currently covered under contract due to public dedication by recordation of a Final Map. See Attachment E for depiction of land requested for cancellation, land remaining under contract until expiration, and land not under contract. Unless otherwise stated, all Sections herein refer to the California Government Code. II. FINDINGS PURSUANT TO STATUTE Section 5 1282 provides as follows: (a> The landowner may petition the Board (of Supervisors) or (City) Council (whichever is applicable) for cancellation of any contract as to all or part of the subject land. The Board or Council may grant tentative approval for cancellation of a contract on I > i f it makes m of the following findings: (1) That the cancellation is consistent with the purposes of this chapter; or. (2) That cancellation is in the public interest. A. FINDINGS PURSUANT TO SECTION 51282(b) - SUBFINDINGS RE(; I)( I) Ix CANCELLATION CONSISTENCY WITH THE PURPOSES OF THE WlLI.1 \\I\m ACT Pursuant to Section 51282(b), cancellation of a contract shall be consistent with thtz p~r;\‘-~- of the Williamson Act if the Board or Council makes4 of the following subfindings Section 5 1282 (b)(l): That cancellation is for land on which a Notice of Nonrenw .11 !‘.I- ken served pursuant to Section 51245. Section 51282(b)(2): That cancellation is not likely to result in the removal of ad1 JC ~T:I .rnds from agricultural use. Section 51282 (b)(3): That cancellation is for an alternative use that is consistent .\ in the applicable provision of the city or county general plan. Page 2 Section 5 1282 (b)(4): That cancellation will not result in discontiguous patterns of urban development. Section 51282(b)(5): That there is no proximate noncontracted land that is both available and suitable for the use to which it is proposed the contracted land be put, or that development of the contracted land would provide more contiguous patterns of urban development than development of proximate noncontracted land. 1. SECTION 51282(b)(l) - THAT CANCELLATION IS FOR LAND ON WHICH NOTICE OF NONRENEWAL HAS BEEN SERVED. Cancellation is for land on which a Notice of Nonrenewal has been served. as evidenced by’ Document Number 91-05 14607. recorded in the Office of the Countv Recorder of San Diego Countv on October 4, 1991. (4 Notice Of Nonrenewal Has Been Recorded For Land Requested For Cancellation Cancellation is for land on which a Notice of Nonrenewal has been given pursuant to Section 5 1245. Specifically, the Notice of Nonrenewal was given for all land under Contract Number 76-1, as evidenced by Document Number 91-0514607, recorded in the Off&e of the County Recorder of San Diego County on October 4, 199 1. 09 Contract Expiration Dates For Land &t Requested For Cancellation For land m requested for cancellation, the contract will remain in effect until January 1,200 1, for land in the Open Space Area, GIA Expansion Area and a portion of the Golf Course Planning Area, and until January 1, 2006, for The Flower Fields Planning Area and a portion of the Golf Course Planning Area. The later date of expiration for land within The Flower Fields Planning Area and a portion of land within the Golf Course Planning Area occurs because that land was added to the Agricultural Preserve in 1987 and 1988 as part of a “land swap” in the First Amendment and the Second Amendment, respectively, to the original agricultural contract. Those swaps were pursuant to Section 5 1257, which required a 15 year initial contract term for land entered under contract pursuant to the swap provision. 03 Contract Expiration Dates If Contracts Not Canceled For the Resort, LEGOLAND, and Research/Development and Office Planning Area land requested for cancellation, under the current Nonrenewal term without cancellation the contract would remain in effect until January 1,200l. For the Retail Planning Area land requested for cancellation, under the current Nonrenewal term without cancellation, the contract would remain in effect until January 1, 2006. The later date of expiration for this land results from it being added as part of a land swap in the 1988 Second Amendment to the Contract; that swap required a 15 year initial contract term. (4 Alternative Uses Could Not Have Been Foreseen In Time To Allow Contracts To Expire Under Nonrenewal Page 3 In the late 1980’s, the landowner foresaw changing conditions affecting agricultural usage. The landowner’s and the city’s response was to seek reconfiguration of the contract to maximize both the agricultural and development areas of Carlsbad Ranch. This was accomplished by the First and Second Amendments to the contract in 1987 and 1988, respectively. In 1991, the landowner initiated the Notice of Nonrenewal to begin phasing out the Williamson Act contract restrictions. At the same time, the landowner, together with the City, began planning the area for future development through the Carlsbad Ranch Specific Plan 207. Even at the time that the contracts were nonrenewed in 1991, the owner could not have foreseen the uses provided in the Project, as plannedf through the Specific Plan Amendment 207(A), since LEGOLAND’s national site search and site selection occurred later. As late as 1994, the use of the site for the proposed Project was in doubt because of a pending local vote on the Project. 2. SECTION 51282(b)(2) - THAT CANCELLATION IS NOT LIKELY TO RESULT IN THE REMOVAL OF ADJACENT LANDS FROM AGRICULTURAL USE. Cancellation is not likelv to result in the removal of adiacent lands from agriculture because: ( 1) outside the Pro&t. there are no agricultural areas adiacent to the Proiect that the Proiect will cause to be converted from aariculture or from uses comnatible with agriculture; (2) within the Proiect. cancellation will have nositive conseauences for the most viable and highest aualitv agricultural lands: (3) within the Proiect. cancellation and coordination with the Citv on a prouosed nossible municinal golf course may result in the nreservation of onen suace and conversion of agricultural land to a golf course. a use comuatible with agricultural wmoses accordinre to both the statutes and the contract: and (4) within the Proiect. the conversion to research and develonment/office and commercial uses of noncontracted land currentlv used for agricultural Dwoses is a result of the existing Snecific Plan 207. not the SDecific Plan Amendment or this cancellation. Further. pursuant to Section 51282 cd). the existing agricultural use is uneconomic, and there is no other reasonable or comparable agricultural use to which the land mav be nut. (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 impacts to agricultural lands off-site, or in the early conversion of agricultural lands off-site. The project site is an isolated “island” of agriculture surrounded by existing urban uses. There are no major areas of agriculture within the near vicinity of the project site that would be indirectly impacted by the proposed project as a result of fragmentation or reduction in overall economic viability. There are no Williamson Act preserves or lands zoned for agriculture surrounding the project site. Page 4 Further, the EIR provides on pages 7-4 , 7-5, and 7-9: . ..Additionally. the project will not result in the fragmentation of agricultural land which would impact the viability of adjacent farmland.... . ..The project in and of itself will not create a trend for the conversion of other agricultural lands to urban uses... . ..existing pressures already are creating a demand fof conversion of agriculture to urbanized uses. The site is located within an urbanized City, near major existing and proposed circulation networks (I-5, Palomar Airport Road and Cannon Road). Existing and continued economic conditions and environmental regulations discourage the continued agricultural operations... Attachment F is a regional map of the area around Carlsbad Ranch; it is taken from the Specific Plan. Attachment G is the Department of Conservation map of Important Farmland Surrounding the Project; the map is included as Figure 5-l in the EIR. These attachments provide a reference for the following discussion of farmlands outside the Project : (1) San Diego Gas & Electric (SDGBcE) Site North of the Project Directly adjacent to the Project, the only land mapped or used for agriculture is the land north of the Project, at the SDG&E site. This land is zoned public utility, but its General Plan land use designation is travel/recreation, commercial. and open space. See EIR page 7-5 for discussion of the SDG&E site. Although the land beneath the power lines is currently used for agricultural uses, the landowner has committed to seek approvals for future urban use in several ways: (0 Participation in the Cannon Road Assessment District and contrlbutwn to the development of the infrastructure which would accompa> urban development. (ii) In June 1988, SDG&E issued a Request for Proposal (RFP) tijr \~le or ground lease and development of a portion of its site for commw~A ;md recreational uses. In late 1988, SDG&E accepted a development rr(\r(tsal, which later was terminated. (iii) Under this Project, approximately 2 1.16 acres of the SD< i& &i >i te is proposed for conversion from agriculture to .2 holes of a g01 I c\\urse, which will connect with the 7 holes in the Golf Course Plannmg \re3 of this Project. Golf course uses are compatible and interchangeahlc with agricultural uses for Williamson Act purposes (see (b)(2) belo- ) i :n;llly, the conversion of this agricultural land to golf course uses is cthvcfln;ited with, and may be feasible only in conjunction with the City’s prc\posed municipal golf course directly east of the Project. In June 1989. thr: 1 oters of Carlsbad approved Proposition G, authorizing in excess oi 4 ! :vl llion Page 5 for the planning, development, and construction of new recreational facilities. As a result of the approval of Proposition G, the City has acquired a total of 250 acres directly to the east of Carlsbad Ranch for development of an 18 hole municipal golf course. Recently, the City of Carlsbad approved a Request for Proposal (RFP) for development of a municipal golf course, including a 27 hole option with linkage between the City’s 18 hole municipal course and the 9 holes proposed in Carlsbad Ranch and on the SDG&E site north of Carlsbad Ranch. The RFP states the following: The City wishes to emphasize the first Priority is development of a high quality 18 hole public/daily fee golf course project. It is the City’s intent to accommodate the 9 additional holes of adjacent “resort level” golf in a manner and schedule that is both complementary and advantageous to the management and economics of the public/daily fee golf course. Therefore, there is evidence that the SDG&E parcels have been committed to future development and conversion from agriculture, independent of this Project’s proposed Williamson Act contract cancellation. Further, the Carlsbad Ranch Specific Plan Amendment’s proposed buffering techniques will protect against encroachment of development upon any present agricultural uses of the adjacent land. See EIR pages 5.7-8 and 5.7-9 for discussion of compatibility with off-site land uses and buffering techniques. (2) Prime Agricultural Land in Area According to the City of Carlsbad Planning Department 1992 Report, “Agriculture in Carlsbad Today and Implications for the Future” (the “Report”), quoted in the EIR, there is very little prime agricultural land in Carl&d. Carlsbad Ranch is one of five sites within the City. See EIR page 5.1-l for listing of the five sites. The nearest other such land is approximately 4 miles inland, the Bressi Ranch at the southeast comer of Palomar Airport Road and El Camino Real. The Carlsbad Ranch Project will not effect continued agricultural production at that site, which is already subject to urban pressures due to its being adjacent to new housing developments, office and industrial projects, the McClellan Palomar Airport, and major circulation corridors. The project is directly adjacent to the Canillo Ranch project, a 690 acre residential development. Thus, this Project would have no effect on any adjacent prime agricultural land. (3) Other Adjacent Land Mapped as Farmland Directly to the east of the Project is a portion of the city’s municipal golf course site. The site fronts Palomar Airport Road from the eastern side of the Project Page 6 across College Boulevard. The site includes areas noted on Attachment G as Local Importance and Other Land. However, before acquisition by the city in December 1994, the land had an approved subdivision map and was zoned for office and industrial uses. Directly to the east of the Project, north of th& area discussed above, is the remaining portion of the city’s municipal golf course. The site includes areas noted on Attachment G as Other Land and as Statewide Significance. Before the city acquired the property recently in a foreclosure sale, it had an approved subdivision map and was zoned for office and industrial uses. North of that site, there are two large city approved developments: (a) College’ Business Park (CT 85-17) is a 110 acre industrial park north of Palomar Airport Road between I-5 and El Camino Real; and (b) Cal Communities (CT 83-30) is a 433 acre planned community adjacent to El Camino Real and Agua Hedionda Lagoon. Directly to the south of the Project, the land indicated on Attachment G as Local Importance is now developed as a retail site (Price Club). On the south side of Palomar Airport Road, east of College Boulevard, Attachment G indicates land designated e Local Importance and Other Land. However. the area has an approved master plan for single family residential (Cobblestone Village, CT 84-32A). Therefore, there are no adjacent prime or nonprime agricultural lands outside the Project that would be removed from agriculture or uses compatible itith agriculture due to this Project’s contract cancellation. 0-9 Adjacent Lands Within the Project Cancellation of the contract on some portions of the Project will not cause the r<rn~~~al of other lands within the Project from either agricultural uses or uses cornpat I bl T ‘.i Ith agriculture. In fact, cancellation of contracts to achieve the development ot‘ t hc I ‘rt ) wt will result in a more lasting preservation of agricultural usage on that land rnoxr \li: r.Me to sustained agriculture, considering both soil conditions and economics. The :( 1 i I l 1%~ I ng discusses each segment of the Project: (1) Agricultural Land in Carlsbad Ranch Subject to Regional Factors lL.‘~.~! : : c’ to Continued Field Production Agriculture in San Diego County has been affected by availability .mJ , I ‘\I of water, urbanization, and international competition, arinong other t’x I 1 v \ I he agricultural lands in Carlsbad, and within Carlsbad Ranch, have Hun ye !::: !~rly affected. According to the City’s Report, cited above, the principal limitIn+! : I& ‘or in Carlsbad has been the availability of water at competitive prices. Carl+.ld ic .wh has the capability for reclaimed water, but the cost of that water is the U;I!C I\ tbr potable, so the advantage of reclaimed water is availability, not r)rlcc’ ‘.\ .rtrr Page 7 prices have a significant impact on agriculture in San Diego County. In a November 1991 report, “Carlsbad Ranch Agricultural Plan” prepared by Agland Investment Services, Inc. (contained in the Technical Appendices for EIR 9 I-3)for the landowner, water costs are compared to Williamson Act tax advantages: Classification of lands under the Williamson Act’s regulations provides modest tax relief for the production of crops. However, in San Diego County, the cost of agricultural water and the ability to have an assured supply of water is considerably more important than tax issues... The EIR notes the difficulties of high water prices and fragmentation of the land. ( See EIR page 5.1- 3): . ..In recent years increasing water rates have forced many vegetable growers out of business on the project site... Urbanization has also affected agriculture, with regard to crime, dust and odors, crop injury from air pollution, and farm road congestion. Carlsbad Ranch, at the intersection of Interstate 5 and Palomar Airport Road, has experienced all these constraints. In the last several years, there have been several complaints from homeowners and businesses in the area concerning agricultural spraying. In the 1993-94 planting year, a resident of the mobile home park west of Interstate 5 complained to both the landowners and the county about the agricultural spraying. No violations were found in the routine spraying. In 1995, there was another similar complaint from a worker at Pea Soup Andersen’s. In the past few years, there was minor vandalism on the property, and an illegal migrant problem at the former packing shed. The property was fenced as a result of these problems. The economic factor of cheaper Mexican agricultural imports has impacted farmland in Carlsbad, which has been devoted to beans, tomatoes, strawberries, and flowers. Especially in the vegetable and strawberry crops, Carlsbad grown crops have been losing their traditional competitive advantage of a longer and earlier growing season. Increased labor and water costs have made the crops less competitive than imports. An example is the recent insolvency of Frazee Flowers, Inc. These trends have affected other farmland in the area, as well. The EIR notes on page 5.1-3: . ..The agricultural land on the project site is a remnant of what was once a much larger contiguous area of cropland. Fragmentation has occurred due to development and the construction of the Interstate 5 Freeway. The agricultural land was further fragmented as a result of the construction of Palomar Airport Road that forms a barrier to farm equipment accessing the crops and the processing areas to the south of the project. Much of the land on eastern slopes of Carlsbad Ranch has been used for truck farming, primarily strawberries and tomatoes, while the area west of the ridge is most suitable to flower and bulb production. See Attachment H for a depiction of recent crop use areas of Carlsbad Ranch. Since this depiction was prepared in Page 8 1991, Mellano has replaced Frazee in farming the western areas, including The Flower Fields, and part of the northern area designated on this exhibit as “Tabata.” Farm production has ceased in a portion in the middle of Carlsbad Ranch that is not under Williamson Act Contract. Part of this area is where the Gemological Institute is under construction. In addition, the packing shed indicated on 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 agriculturally viable and most subject to the regional pressures discussed above. The Project was planned to preferentially select the less agriculturally viable lands for development. Most of the 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 thirds of the Project, and include the LEGOLAND Planning Area, the Resort Planning Area, and the Research and Development/Office Planning Area. In these areas, on the basis of soils, climate, slope, and drainage, the land is either moderately suited or least suited for agriculture, according to the “Carlsbad Ranch Agricultural Study”, a study done by Soil and Plant Lab in 1988 for the landowner. See Attachment I for an illustration from that 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 fruit and vegetable production. However, approximately 50 acres in the southeastern portion of the Project, within the LEGOLAND Planning Area, are not currently farmed as the soil is very thin and eroded, with steep terraces. The soil analysis in the Soil and Plant Lab study varies somewhat from the United States Department of Agriculture, Soil Conservation Service Important Farmlands Inventory (the “SCS Inventory”) designations, as depicted in EIR Figure 5-3. The SCS Inventory criteria for prime land designation includes farming history as well as soil quality. Because some eastern areas have been used in recent history for farming fruit and vegetables, that land is designated as prime, although the underlying soil is not a prime classification. If their use for agriculture were discontinued, the SCS designation could then be downgraded. (3) Continued Agricultural Production is Not Economically Feasible and There is no other Reasonable or Comparable Agricultural Use Even without this Project, the landowner has indicated that it is likely that the use of these lands for agriculture will be discontinued sometime in the future due to the economic unfeasibility of continued field crop operation. With urban encroachment and regional factors, discussed above, it is not reasonable to convert the land to greenhouse or other type of planting in the years remaining before expiration of the Williamson Act contracts through nonrenewal. The EIR further states the following on page 5-l-12: . ..During the past three years, the long-term viability of agricultural operations on the site has come into question as the principal grower (Frazee) liquidated in a private insolvency proceeding, and two other growers have not paid rent on the Page 9 property, or have requested a subsidization. The primary problems associated with these agricultural operations on-site is the basic inability to realize an adequate economic return from the sale of the field grown products....In recent years increasing water rates have forced may vegetable growers out of business on the project site. . . The uneconomic character of agricultural uses is one of the factors considered in the cancellation request. (4) Project Will Provide Preservation of Sustainable Agricultural Usage on Land Most Viable For Agriculture, The Flower Fields Proposed cancellation is a component of the overall Project that includes mitigating elements to preserve the most viable agriculture in perpetuity. The western areas currently under cultivation, which are most suited to flower cultivation, will be continued as The Flower Fields. The 53 acre The Flower Fields Planning Area will he restricted to agriculture by a deed restriction. The EIR provides the following on page 5.1- 12: The existing land use provisions of the site provide for temporary preservation of the fields (both through the Williamson Act Contracts and existing zoning designations). The specific plan will provide economic support for the infrastructure (including reclaimed water), and through product sales as a result of visitor and tourist use of the site. The Specific Plan locates The Flower Fields as the lead activity for the visitor oriented project, which is supported by the LEGGLAND Carlsbad, retail and lodging components. In addition, the Specific Plan and EIR provide additional mitigation through requirement of landscaped berms and walls to provide protective barriers to the agricultural seas. See Specific Plan, page 76 and EIR pages 5.7-7 and 5.7-8 for discussion of hutfering techniques. . The preservation of The Flower Fields’ could not be accomplished without the Jpproval of the entire Project. Without that approval, the nonrenewed contracts would exprt: md there would be no safeguards for preservation of the most valuable agricultural ktd See EIR page 6-31 for discussion of allowable development under existing Spwrk Plan designations. (5) Golf Course is an Approved Compatible Use with Agriculture Conversion of the adjacent contracted land from agricultural uses to golf cour’ict ~AXS in the Project’s Golf Course Planning Areas is not considered“removal of adlxcnt Imd from agriculturaI uses”, for three reasons. First, Section 5 1205 provides that h( 8th the terms “agricultural land” and “agricultural use” are deemed to include land cfskcj~~td to recreational uses. Second, Section 1 of the Third Amendment to Land Consnation Contract 76-1, recorded as San Diego County Recorder Number 93-0243908. <\ yressly includes in the list of compatible uses allowed on Carlsbad Ranch “public rccrearlonal uses (including golf courses).” Finally, the conversion of this agricultural knlnd :(I golf course uses is coordinated with, and may be feasible only in conjunction w 1 th I hc ( ‘I ty ‘s Page 10 planned new municipal golf course directly east of the Project. See discussion of the interrelated golf course in Section 2(a)(I) above. Therefore, although there will be a conversion of adjacent contracted land from agricultural to golf course uses, the impetus for conversion is coordination with City action on adjacent lands, and the result of conversion will be a use that is equally allowed and sanctioned under the Williamson Act. (6) Open Space Use is a Use Compatible with Agriculture The Project includes the Open Space Planning Area for 10.0 acres to be preserved in their natural state. This area consists of steep slopes covered with native vegetation. It has not been used for agriculture. Uses permitted in this area are trails and a vista point. (7) Projects Includes Buffers as Mitigation The Specific Plan Amendment includes substantial buffers and set backs to mitigate the effects of development of conversion. See EIR pages 5.7-7 through 5.7-9 for discussion of on-site and off-site buffering. (8) Local Coastal Program (LCP) 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 Carlsbad, such 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. (9) Conversion of Use of Adjacent Noncontracted Lands with& the Project Already Approved under Existing Specific Plan Within the Project, the conversion from agricultural to other uses is already approved on the adjacent noncontracted lands by the existing Specific Plan 207. That approved Specific Plan allows and anticipates the development of 1.88 million square feet of commercial, and research and development/office on the noncontracted lands in the center and on the western edge of the Project (see Attachment E for depiction of Agricultural Preserve boundaries within the Project). Therefore, conversion from agriculture on the noncontracted lands within the Project is not caused by approval of this Project and approval of cancellation requests in this Project. (10) Conclusion The requested cancellation of portions of the contract on some of the least viable agricultural lands within the Project will allow the protection in perpetuity of the most suitable land, i.e., The Flower Fields, for the most successful and sustainable agricultural Page 11 uses. The conversion of some of the less suitable agricultural land to a golf course and open space uses, is definitionally interchangeable with and physically and legally compatible with agriculture. In addition, the conversion to golf course is coordinated with the city’s planned municipal golf course on land adjacent to the Project. Some of the additional Project lands which will be remdved from agriculture, i.e., part of the Research and Development/Offke Planning Area and part of the Retail Planning Area, are already entitled for nonagricultural use by the existing Specific Plan 207 and could therefore be developed regardless of this cancellation, Hence, the cancellation does not cause the conversion of these lands. 3. SECTION 51282(b)(3) - THAT CANCELLATION IS FOR AN ALTERNATIVE USE WHICH IS CONSISTENT WITH THE APPLICABLE PROVISIONS OF THE GENERAL 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 Carlsbad General Plan and the Carlsbad Ranch Specific Plan that is being amended concurrently with the Council’s making of these Findings to establish consistency between the General Plan and the Specific Plan. The Specific Plan details areas of conformity between it and $he City’s General Plan. See Specific Plan, pages 8-12 for a discussion of the General Plan. 4. SECTION 51282(b)(4) - THAT CANCELLATION WILL NOT RESC’LT IN DISCONTIGUOUS PATI’ERNS OF URBAN DEVELOPMENT. Cancellation will not result in discontiauous uatterns of urban develonment because the 1% )Icct is an infill nroiect. According to the EIR, “The project site is an isolated ‘island’ of agriculture sut-rcr~n\ic’il hy existing urban uses.” See EIR page 5.1-15. Further, as the project is located next to .ln L.\ I -bung circulation system, “extension of infrastructure from PaIomar Airport Road and Cannon H t j.1~1 I$+ I 1 I not open new areas for development”. See EIR page 7-9. This subfinding requires the canceled land to be generally contiguous to urban use 1t-1 T 1:~ ‘:tu-t- term future. Because the statutory concept is “discontiguous patterns,” it does not rcq (I I r i’ 1 r Ict or immediate contiguity (i.e., the canceled land need not physically abut prcwr:! *:hm development on the date of cancellation). Refer to Attachments F and G, discuswll I- $1 c In Finding 2 for regional maps. As discussed in Finding 2, in addition to the areas I nd: L .:* .d JS Developed on Attachment G, there are additional areas which have been developed 41 nLc *!-c 1st Department of Conservation mapping, and additional areas which have reccI\ C-J l ~1 development entitlements that are not reflected on the Department of Conservatl~m :.I:-:I.md maps. Additionally, the EIR provides a comment response concerning the Farmland \ 1 IT’ not reflecting current development (See EIR Comment and Response H-3). Page 12 The Project is bounded on the west by the auto dealerships of Car County and the restaurant and hospitality uses of Pea Soup Anderson’s, both of which are adjacent to Interstate 5. West of I-5, retail and commercial uses continue, as well as the Amtrak rail lines and the North County Transit District commuter rail line, with a Coaster commuter train station at Avenida Encinas north of Poinsettia Lane. On the south, the Project is bordered by Palomar Airport Road, a 6 lane primary arterial that is considered a Community Theme Corridor. South of Palomar Airport, there is retail and residential development, including the Price Club and other retail and commercial developments. Directly to the east, land had been planned for light industrial uses, but has recently been purchased by the City for a proposed future municipal golf course which is unplanned and. unpermitted. Beyond that, along Palomar Airport Road there are office and industrial uses and the McClellan-Palomar Airport. Directly to the north of the project are the SDG&E parcels with major electrical transmission lines. The parcels are currently used for open space and agriculture, but the southern portion of the parcels is planned for golf course and commercial uses in separate planning documents, not a part of this Project. The portion bordering the lagoon is not planned, for development. In addition, as discussed in the EIR, “the power line easements on the property could potentially result in discontinuation of agricultural activity if additional power line or improvements are made...” See EIR page 5.1-15. North of the SDG&E parcels is the Agua 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 network, “major extensions of infrastructure (i.e., sewer trunk line) will not be required for implementation. Extension of infrastructure from Palomar Airport Road and Cannon Road will not open new areas for development.” See EIR, page 7-9. 5. SECTION 51282 (b)(5) - 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 QF URBAN DEVELOPMENT THAN DEVELOPMENT OF PROXIMATE NONCONTRACTED LAND. (i) No Droximate noncontracted land has the same attributes to meet the criteria of LEGOLAND, which is a kev element of the Proiect. The LEG0 Proiect is site snecific and requires the inteprated whole of the Proiect. including the resort and The Flower Fields elements: and. (ii) No proximate noncontracted land has the same visibilitv and circulation nattems to make it as suitable for regional retail uses: Alternatively. (iii) The Proiect is an infill develooment. and therefore Drovides more continuous urban develoDment than other Droximate sites: and. (iv) The existing aDDroved SDecific Plan (SP 207) plans and anticiDates the develoDment of aDproximately 1.88 million sauare feet of office. retail, and hotel in the noncontracted areas around which the agricultural nreserve wraps. Therefore. this revised SDecific Plan master plans develoDment in a more continuous manner than would otherwise exist without it. (a) Synergy of Project The Project must be considered as an integrated whole, with LEGOLAND as the key planning area. Preservation of The Flower Fields and open space, and conversion to golf course uses are able to be accomplished with the Project considered as a whole, with the Page 13 retail development, LEGOLAND, and resort portions providing the financing and promoting the viability of continued agricultural and compatible usage. 0) LEG0 Planning Area is Key to Project The Project consists of 9 Planning Areas that work as an integrated whole. Together they provide synergy such that the entirety will provide more benefits to the City and region than any of the individual elements. Each of the elements is a necessary component in a unique interdependence of both land use and economics. The essential core of the Project is the 128 acre LEGOLAND Planning Area. LEGOLAND will provide a unique recreational and educational attraction to the region and the state. It will provide jobs and be the magnet to make the resort, hospitality, and retail features viable. The visitor services will be enhanced and in turn provide the economic support for continuation of The Flower Fields, and provide synergy for success of the golf course and the specialty retail portions of the Project. The remaining agricultural operation, the Flower Fields, will be economically viable for agriculture in perpetuity, and, in turn, enhance the location of LEGOLAND and provide an attractive environment echoing the theme of the LEGOLAND. Development of the Research and Development/Office, Retail, and Community Hotel sectors, largely on land outside the Agricultural Preserve, will provide the economic viability for financing the infrastructure necessary for development of the entire Project. Further, the development of these uses will contribute a user base for the retail and resort areas which will be used for professional and business conferences. Therefore, each of the Project’s Planning Areas is a necessary component for success of the whole. They are interdependent and enhance each other, and must be considered as a seamless whole in examining alternatives. The Specific Plan Amendment recognizes this interdependence in its Goals and Objectives for development of the Project. See page Specific Plan pages 3 I-32. Goals for the Project include: (1) creating an open space system that builds upon the visual prominence and agricultural traditions of the site; (2) establishing a mixed use development that preserves the open space character of the Cxlsbad Ranch; and (3) creating a business center and community destination at this significant location. (ii) Alternative Sites Unacceptable LEG0 chose Carlsbad and this particular site in Carlsbad as the location for their third international theme park, with the two other existing parks in Denmark and England. Carlsbad was chosen by LEG0 as its American site following a search for a location throughout the United States, with strong consideration of a site in the Washington, D.C. greater metropolitan area Page 14 Development of a viable LEGOLAND required specific elements, and LEG0 provided a list of 9 criteria necessary for candidate sites to meet for selection. The criteria include, among others: a minimum site acreage of 400 net acres; the site to be an integral element of a significant Mixed Use project with compatible uses; and, neighboring private and public projects to primarily include low density projects with high quality landscaping. See EIR page 6-36 for detail of criteria. The EIR examines 7 alternative regional sites for the Project, based on the entirety of the development with the LEGOLAND, resort, agricultural, and commercial aspects considered in total. The EIR concludes that even the one alternative site in Oceanside that was somewhat acceptable for the Prpject. See EIR page 6-42 for discussion of why the alternative site is not acceptable for this project. Attachment J is a matrix summary of the 7 alternative sites examined in the EIR. Therefore, the absence of proximate, noncontracted land available and suitable for the Project reflects the unique interdependence of the planned uses, the character of the uses themselves, and the importance of this particular site to the Project and LEGOLAND. (iii) Collection of Smaller Sites Not Adequate for Project A California Supreme Court case dealing with contract cancellation suggests that alternative site examination should not eliminate alternative sites based on size unless the development requires a minimum amount of land for success of the Project (see Section III (C), below for further discussion of Sierra Club v. Citv of Havward 28 Cal 3rd 840 (1981). The LEG0 criteria for siting a LEGOL.WD includes a minimum land size, among other factors. Therefore, examinatwn of a series of alternative scattered sites would not have been a relevant optinn with regard to this Project. (‘9 Site Uniquely Suited for Retail Uses . Within the western portion of the Project is the Retail Planning Area, with appro\tmdtely 300,000 square feet of retail planned to be constructed. Approximately 200.~)00 quare feet is planned for the 10.7 acres that are m a part of the agriculture prwr~ t’. md approximately 100,000 square feet is planned for the 15.95 acres within the ~gr1Lultura1 preserve and currently under contract. The currently approved Speci tic P!.MI 207, author&d in 1993, provides for development of 140,000 square feet wall In the noncontracted area. Therefore, even if the Specific Plan Amendment and this yrqwsed contract cancellation were not approved, retail development is approved t;~ !hc: lmd immediately adjacent to contracted land. The retail development planned for the Project is an integrated part of the Prwrrct. with support from the LEGOLAND, resort, and research and development ot.tke Jreas. Additionally, the retail uses will be supported by the regional community bec~u.x irf the unique location of the Planning Area. Page 15 The Retail Planning Area enjoys a unique location at the hub of existing major circulation elements. On the west, the Planning area is bounded by the current hospitality use of Pea Soup Anderson’s, and the existing Paseo de1 Norte which leads to Car Country. The site is visible from Interstate 5 on the west, and from a major arterial road, Palomar Airport Road, to the south. The unique location allows development without direct access from arterial circulation roads through residential neighborhoods, and with proximity to mass transit. See discussion of mass transit in the Infrastructure portion of the public benefit discussion of Section 51282 (c)(l), below. (4 Infill According to the EIR, “The project site is an isolated ‘island’, of agriculture surrounded by existing urban uses.” See EIR page 5.1-15. See also discussion of Finding 51282 (b)(4), above. (4 Approved Development Adjacent to Project Under Existing Specific Plan Approved Specific Plan 207, without the proposed amendment, anticipates the development of approximately 1.88 million square feet of retail, office, and hotel on areas not covered by Williamson Act contracts and not included in the Agricultural Preserve. That area is a “core” surrounded by the Preserve. See Attachment E for depiction of area of Project outside the Agricultural Preserve. If contract cancellation is not approved for the areas requested, the agricultural lands remaining under expiring contracts will be adjacent to development occurring as a result of the currently approved Specific Plan. Therefore, cancellation of the contract for development of the Project under Specific Plan 207(A) actually provides for more contiguous development than the current approved plan for the site. B. FINDINGS PURSUANT TO SECTION 5 1282(c) - FINDINGS REGARDING CANCELLATION IS IN THE PUBLIC INTEREST. As the proposed contract cancellation is consistent with the purposes of the Williamson Act, there is no necessity to override its purposes for the sake of the broader public interest. However, the cancellation is, in fact, in the broader public interest, for a wide variety of reasons, and these public interest considerations would outweigh any conceivable or perceived inconsistencies with the purposes of the Act, were they to exist. Pursuant to Section 51282(c), cancellation of a contract shall be in the public interest if the Council or Board makes both of the following subfindings: Section 51282 (c)(l) - That other public concerns substantially outweigh the objectives of the Williamson Act. Section 51282 (c)(2) - That there is no proximate noncontracted land which is both available and suitable for the use to which it is proposed the contracted land be put, or that development of the contracted land would provide more contiguous patterns of urban development than development of proximate noncontracted land. Page 16 1. Section 51282(c)(l) - THAT OTHER PUBLIC CONCERNS SUBSTANTIALLY OUTWEIGH THE OBJECTIVES OF THE ACT. Cancellation of the contract is necessarv to imnlement the Snecific Plan 207(A). the General Plan Amendments, and the Snecific Plan Amendment Environmental ImDact Renort. The Years of remainina restriction if the contract is not canceled provide no significant nublic benefit: may not result in the continued azricultural uses on the nronertv during the entire time; will find adiacent nronertv imnacted bv the currentlv aDDrOVed Snecific Plan allowing develonment of 1.88 million souare feet of retail, office. research and development, and hosnitahtv. and, are substantiallv outweiehed by communitv needs for open snace and recreational facilities, iobs and communitv develonment. and the educational benefits of the Proiect. Perhaps the most central legislative purpose of the Act, as provided in Section 51220 (c), is the “discouragement of premature and unnecessary conversion of agricultural land to urban uses”. The proposed conversion at hand is neither premature nor unnecessary, but instead, critical and necessary to preserve the most valuable agricultural land to permanent agricultural use, and other agricultural land to an authorized compatible use, a golf course. 69 City, Regional, and State Government Support for Project City, regional, and state agencies and officials have supported this site for LEGOLAND, which is the key element of the integrated Project. The City of Carlsbad City Council adopted two resolutions actively supporting and assisting LEG0 for this site. City of Carlsbad City Resolution 93-56, adopted by the (‘ity Council on March 17, 1993, authorized City staff to implement an acuwmic development strategy for Carlsbad Ranch, including: an evaluation o t‘ the compatibility of the Carlsbad Ranch project with existing City policies Jncf tiKa1 objectives; an analysis of the costs and benefits provided by the Prolcc~. U-I evaluation of economic incentives that can be offered by the private ~itr ‘r. the City, and the State to facilitate economic development; and, assignmcnr 11 t a Project Development Team. The City of Carlsbad City Council also adopted City Council Resol ut I I ln 3 Al- : I 0 on July 19, 1994, to execute a Memorandum of Understanding ( t hc f I( u ‘“) between the City and LEG0 with regard to the planning and prow\\ 1 I’ i ! the LEG0 Project. The MOU contains a provision for the considcr.lr!S,c: It a Development Agreement for Carlsbad Ranch between the City and 1.1 ( I( 1 1 hat Agreement has been negotiated and is submitted concurrently with the p! I 1’ 4 In of agricultural contract cancellation and is subject to review and approval bg s 1‘~ ( ‘I ty Council. In addition to the City, regional agencies and State of CalifomlJ ~:.‘~es participated in the site selection and planning process with LEG0 by ali< 3 I the regional and statewide benefits of the Project. On May 12, 1993. I !W ( : \ of Carlsbad was joined by the San Diego Economic Development CO~~~.~!:~ ~1 ad the Team California in meeting with LEG0 to present a schedule of inc (::I I :\ t’or selection of this site for LEGOLAND. In addition, the written prcwn:.~! I’ 61~ of Page 17 Team California included the Governor as Honorary Chair, and State Agency Secretaries for Trade and Commerce; Business Transportation and Housing; and, Child Development and Education. Attachment K is a comprehensive list of the Team California members and a copy of the California Trade and Commerce Agency Director’s introduction to the Team’s written comments. Comments included those commenting on this site’s benefits with regard to public benefits of education and infrastructure. Some of those comments are cited in sections below. (b) Public Benefits Based on the following considerations of elements of the Project, it is concluded . that there is interest of the public as a whole in alternative uses of the agricultural land and that cancellation is in the public interest because other public concerns would substantially outweigh the concerns of the Williamson Act. Among these are: (0 AGRICULTURE Agriculture remains one of California’s leading industries and agricultural use of land is clearly regarded as a priority land use at state and local levels. The Williamson Act is intended to encourage the preservation of productive agricultural land. Implementation of all the Project elements will provide the economic support for the continued agricultural use in those areas of the Project that are best suited to sustainable agricultural production on the basis of site, soils, and market, i.e., The Flower Fields.. Without the other elements of the Project, the Flower Fields may not continue in production. In addition, implementation of all of the Project elements provide for the conversion of less viable agricultural land to golf course, a use compatible with agriculture. See also discussion of Agriculture in Finding Section 5 1282 (b)(2), above. The Flower Fields Planning Area will be buffered from the surrounding urban uses by walls and berms to protect the agriculture. However, The Flower Fields, as an integrated portion of the Project, will have pedestrian access throughout the Project. Conclusion: Cancellation of contracts for development of the Project as an integrated whole will allow the Open Space and agricultural uses of the Flower Fields in perpetuity. (ii) INFILL The Project is an infill project. Currently, there are visitor services and retail uses adjacent to the Project on both the southern and western boundaries. The Project will continue the viable agriculture that currently exists in the western area, The Flower Fields, and convert other lands currently under Williamson Act contract in the western area to a use compatible to agriculture and expressly authorized under the contract, i.e., golf course. Retail services will be provided adjacent to Page 18 current commercial areas. The visitor services aspects of the Project, i.e., Pea Soup Anderson’s on Palomar Airport Road, will be extended to the eastern portions of the Project with LEGOLAND and the planned Resort. The currently approved Specific Plan for the Project area includes development of approximately 1.88 million square feet of retail, office, research and development, and hospitality uses. Therefore, the Project as planned provides infrll to those approved plans. Conclusion: Land remaining under contract would be impacted by the development of 1.88 million square feet of om, retail, research and development, and hospitality uses under the existing +ec@c Plan 207, and this Project is a superior in.11 solution. (iii) EDUCATION A primary focus of the Project, as an integrated whole, is education. No other site is available to provide the necessary components for the Project as a whole. There are three Planning Areas that have education as a strong focus: l LEGOLAND The heart of the Project is LEGOLAND, a 128 acre site comprising Planning Area 4 of the Project. The Specific Plan Objective 5 provides for LEGOLAND to focus on creative education experiences for children. See Specific Plan Amendment, Page 38. LEGOLAND’s are designed around the child, with focus on children from ages 2-l 3. A goal of the parks is “a world of learning”. Besides play areas, park areas, and Miniland, which is a miniature landscape of landmarks and scenes from throughout the world, LEGOLAND will feature more focused involvement of children in an educational context. First, LEG0 building workshop areas will be incorporated for children of different ages. Classes led by LEG0 model designers will be offered where children can create their own LEG0 creations with computers. A LEG0 Driving School will be included in the park, with instruction to groups of children and a realistic driving course. Finally, the LEG0 Educational Department will produce and provide materials used by teachers in preparation for classroom- visits, and as follow-ups to LEGOLAND visits. LEG0 Dacta is the educational division of LEGO. Originally formed in 1980 to develop classroom applications for LEG0 bricks, LEG0 Dacta provides curriculum support materials for children from preschool to high school in all 50 states. LEG0 Dacta staff works with classroom teachers to develop hands-on learning experiences that put children in the active role of scientist, inventor, or engineer using LEG0 and Duplo blocks. Recently. it was announced that LEG0 Dacta had entered into a partnership with the C&bad School District for a pilot program to provide LEG0 Dacta educational products in each grade in all schools in the District. See Attachment L, for recent article Page 19 from the San Diego Union-Tribune discussing this program and quoting comments 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 ~111 be coordination with the LEGOLAND school tours and educational materials. l Gemological Institute of America (“GIA”) . The Gemological Institute of America Vocational School, Planning Ares I. I< part of the existing Specific Plan (SP 207). It is a three parcel site, with tuo yclrcels currently under construction, for a vocational campus including cl~~sr~~~rns, auditoriums, research and laboratory, dormitories and recreational fac~i I t lr\ I his portion of the Project is already approved and underway. One of the three rdriels in this Planning Area is under Williamson Act contract, but is not requcxtccf for cancellation. The contract was covered under the Notice of Nonrene- al. .lnJ the contract remains in effect until January 200 1. Conclusion: The Project as an integrated whole will provide sign@mr ;)lMc benefits in education. (iv) JOBS AND ECONOMIC DEVELOPMENT A significant public benefit from the Project is the creation of new I ( btrs In addition, there will be a substantial increase in local and state gw~rnment revenues as a result of the Project. Page 20 0 New Jobs According to a study done by CIC Research, Inc. for the California Department of Business and Economic Development, construction of the LEGOLAND element of the Project will create approximately 1,718 full time equivalent jobs. This resultant payroll spending and multiplier effects on other parts of the local and regional economy of approximately $185 million. The EIR indicates that, in total, the Project will generate approximately 3,000- 4,000 service jobs for hotels, restaurants, retail, and LEGOLAND. This represents approximately 7- 10% of the total Carlsbad employment anticipated in the year 2005, according to SANDAG’s Series 7 Growth Forecasts. See EIR page 5.1 O- 3. Of this total, approximately 800 jobs are for LEGGLAND, with approximately 100 full time and the remainder part time. The projections are based on the projected LEGOLAND annual attendance of 1.8 million visitors, as well as employment in the hospitality services, golf course, The Flower Fields, the Specialty Retail, and the Research and Development/Office Areas. The EIR estimates that the jobs will directly benefit Carlsbad residents. The EIR states on page 5.9-l 1: . ..Many of the new jobs are expected to be filled by the currently unemployed, underemployed, or other employment-seeking residents of Carlsbad and surrounding communities. These new employees are expected to continue living at their current residences and commute to work in the specific plan amendment (sic) area... In addition to the service jobs generated by the project, the EIR estimates that research and development uses in the Project could generate an additional l,OOO- 2,000 jobs. Thus, the total of new jobs in both the service and non-service sectors ranges from approximately 4,000-6,000. The EIR estimate of new jobs created is consistent with one that can be computed using the City of Carlsbad Household Nexus Analysis working papers. Using that study’s final per-employee density factors for the planned square footage in the Project would indicate at least an estimated 5,500 new jobs. According to the City of Carlsbad Housing Nexus Analysis working papers, in 1990: . ..only 28.4% of Carlsbad workers also live within the City. As might be expected, this compares poorly with larger jurisdictions such as the City of San Diego and both the City and County of Sacramento, whose large geographical areas makes it more likely that workers are also residents....These figures are averages across all occupational groups and land uses. According to SANDAG’s Series 8 Growth Forecasts, without this Project, growth in Carlsbad households between 1990 and 2005 will be approximately 53%, while Page 21 the growth in employment in the same time period will be approximately 30%. Therefore, in order to provide a better balance of jobs and housing, new jobs of all levels are needed in Carlsbad. This Project’s contribution of 4,000-6,000 new jobs will help in better aligning the jobs/housing balance in the city. The loss of current agriculture jobs from the development of the Project is insignificant as some jobs will be relocated to other agricultural land in the area, flower production employment is more labor intensive than fruit and vegetable production employment, and the jobs created throughout the Project will provide a wide spectrum of semi-skilled, skilled, and professional jobs. 0 City, Regional, and State Revenues Based on data in a 1993 Price Waterhouse study for the City of Carlsbad, “Fiscal Impact Study and Incremental Revenue Analysis of LEG0 World Theme Park”, and a City of Carlsbad staff working paper on revenues and expenditures resulting from the Project, it is estimated that development of the Project will result in estimated annual City tax revenues of approximately $5.4 million to $5.5 million. This represents approximately 14% of the City’s 1994-95 General Fund budget. This estimate does not take into consideration additional revenues resulting from the indirect “multiplier effect”’ of consumer and business spending. City staff working papers estimate additional annual City budget expenditures to serve the additional development of approximkely $2.2 million per )car. Therefore, the net additional annual revenues to the City are estimated 10 total approximately $3.1 million to $3.2 million. See Attachment M for summw of 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 staft working paper estimates additional annual state sales tax revenues ot 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 r-c\\ 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 provicle signifzcant public benefits through new. employment and additional local and state revenues. Page 22 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 Page 23 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 I-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. l Road Improvements The Project includes approximately $15.5 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 north/south linkage between Cannon Road and Palomar Airport Road east of Interstate 5. m 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 Page 24 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. (c) 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): . . . Caltrans has reviewed the economic projections for the LEG0 Family Park in Carlsbad and fully supports the total project. Caltrans’ analysis of the proposed LEG0 Family Park confirms that infrastmcture investment by Caltrans is well-placed and fulfills Caltrans’ mission to promote the economic vitality of the State. Moreover, the location of the LEG0 Family Park in Carlsbad till have decided regional economic and cultural benefits, increased employment and tourism. The California Transportation Agency, therefore, is committed to the success of the LEG0 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 LEG0 family park. 0 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 b: 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 Page 25 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 LEG0 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 Page 26 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 PAlTERNS 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 51282(b)(5). III. FINDINGS PURSUANT TO JUDICIAL DECISIONS The 1981 California Supreme Court decision in Sierra Club v. Citv of Havward 28 Cal 3rd 840 (198 1), discussed three major issues with regard to Williamson Act contract cancellation. A. PREFERENCE FOR NONRENEWAL RATHER THAN CANCELLATION Although the Court noted that the statutes nrefer nonrenewal to cancellation of land under contract. neither the Citv nor the landowner could have foreseen the need for cancellation in 1986. The Citv has miknized the land won which cancellation will occur. with a significant amount of land within the preserve maintained under a contract which will exnire bv nonrenewal. rather than cancellation. The specific needs of the Project for early contract termination nor rhc 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 larc 1980’s was to reconfigure the agricultural preserve to maximize the use 0 t Carlsbad Ranch land for both agriculture and development. The landowner’\ response to the failure of tenants due to increasing economic pressures cm agricuhural production was to assume production itself in an attempt to keep the most viable lands, The Flower Fields, in production. A Notice (1 t Nonrenewal for the entire preserve was filed in late 1991. At that time, formJ Page 27 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. B. WILLIAMSON ACT PURPOSES INCLUDE BENEFITS BEYOND THE REGION AND FOR ORDERLY PLANNING The Citv is using cancellation to further the Williamson Act goals of agricultural and onen snace nreservation and of orderlv urban develonment. The nublic interests advanced bv the nronosed cancellations are not merely local, but regional and statewide. The benefits of the Proiect from education, new iob creation and sustainable economic develonment. local Povemment fiscal strength. and infrastructure nrovision outweigh the nublic interests in onen snace 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): a preservation of most viable agricultural land in perpetuity, not only for the remaining years of the contract term; l infill of urban area, as found by the certified EIR; Page 28 0 unique educational facilities supported by the state and local agencies responsible for education; l significant new job creation and sustainable new local development, supported by state and local agencies responsible for economic development; l significant new state and local revenues supported by the state and local agencies; 0 new recreational areas benefiting the region and state, and supported by state and local agencies; 0 new public infrastructure and mass transportation ridership supported by state and local agencies; and l conservation projects funded by state imposed coastal fee which benefits the local region. C. IDENTIFICATION OF VIABLE REGIONAL ALTERNATIVE SITES WITHIN A PROXIMATE DISTANCE WILL PRECLUDE CANCELLATION The Citv has conducted a thorough analvsis of Proiect alternatives and alternative sites under CEOA. and concluded no better alternatives to the pronosed 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. Page 29 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. . Page 30 A. Table of Assessor Parcel Numbers with Portions Requested for Cancellation B. Depiction of Assessor Parcel Numbers Requested for Cancellation C. Table of Assessor Parcel Numbers by Specific Plan Amendment Planning Area D. Depiction of Specific Planning Amendment Planning Areas E. Depiction of Project with Agricultural Preserve Designation F. Regional Map of Area G. Map of Important Farmland Surrounding the Project H. Depiction of 1991 Farm Production Areas in Carlsbad Ranch 1. Depiction of Carlsbad Ranch Agricultural Land Designations J. K. Summary Matrix of Alternative Project Sites List of Team California Members, and Written Comments by California Trade and Commerce Agency Secretary L. San Diego Union-Tribune Article on LEG0 Dacta and Carlsbad School District pilot program M. Table of City of Carlsbad Estimated Annual Revenues and Expenditures from the Project N. Letter from California Trade and Commerce Agency Director of Tourism 0. Letter from California Department of Transportation Division of Rail Attachment A Carlsbad Ranch ue In APNa . ted for Cancellatloq APNs Acm Roquastod Acres in , tar APN 211-022-05 107.54 149.14 21 l-022-06 2.68 27.95 2 11-023-02 15.95 39.88 2 1 l-023-05 8.08 12.00 21 l-023-06 44.86 71.96 TOTAL 179.11 i Attachment 8 ..... ......... .......... .......... ............. ._, APPN 2 1 l-023-03 ....... ...... ...... ...... .... ................. i ‘: .... ............. ...................... ....................... ..... .............................................. ........................... ...... ........ ... . . . . . . ..- ...... ....... ..... ........................... ... ...... ............................................. ...... ............... .......................... ................ ........................... .... ... .......... ....... .... .............. ........... ......... ..... .............. ...................... .... ....... ............... ... .................... .......... ... ........ ................. ................ ...... ......... .......... ................. WlLUMSON ACT UNOS TO 6E FUOVED FROM EXbnNC f’bf?IXS I: .I SSCSSOR’S PARCEL NUMOER N?u (bema) .Utachmeat C Carlsbad Ranch APNS Requested for Cancellation by Planning Ama Specific Plan Amendment Area 2 - Research and Development/ Office Plannmg Area Area 4 - LEG0 Planning Area Area 5 - Resort Planning Area Total Acres to be Canceled m pmlluuma Portions of APN 21 95 93.3s 47.86 21 l-023-06 211422-N 21 l-022-06 21 l-022-05 211.423-W 21 I-022-05 2 11-023-06 Area 6 - Specialty Retail Planning Area 15.95 21 l-023-02 TOTAL 179.11 Attachment D 0’ 1600' - SCALE: 1' = 800' : 20.87 0.00 a70 0 0.33 cc 3 '.. 0.00 8b 0 ,^o -4 93.35 9 G cc a ,.a 5 47.86 _ ARMADADRM u LU 'J3 6 15.95 LEG0 DRIVE 1 ca WLlAMSON ACT LANOS TO 8E REhWED (6f PLANNING AREAS) PLANNING ARE4 ARE4 (Acres) PUWNING ARC4 ARE4 (Acres; Attachment E CARLSBAD RANCH: WILLIAMSON ACT LANDS Non-Williamson Act Lands 121.94 Williamson Act Lands Remaining Under Conuact 146.35 Williamson Act Lands to be Removed fkom Conuact 179.11 -- Attachment F PACIFIC OC,FAN ‘. ... / ’ 9 ‘,.’ 4 ru** 4, +a+‘)=*< eo +,- : ‘. ‘. ‘. ..’ .‘. ..‘*. Tizi ‘. ., .: :@ ‘. ‘. L 4 22 . . s fo & a+ AL;* mrD : ‘. 2 -, yJ;? J ‘. : :. Of Mucar Figure 2 CE CITY CONTEXT 3 Amchmeat G 3 YI v--. ---4- mm-* I p=4% - 1 I I PQOJEC~ SO’JNOMY 1 I San Oi fylMkN0 o? STAmOt Coun ~CIANQ u- === L - 0 I Encinir35 DMtoeD UN0 SOURCE S&Q of C&&m&. &po~Wt Of Comrrrohorr . Figure 5 7 E!531 i ’ tdoo ’ Surroundir n0rlh ‘Y ” A ’ portant Farmland lfl the Project Site ‘=dsbad Rench Sprccqic Pkrn ~tnetuimmt ~~Opm EM 1. I-2 !rbad Attachment H Attachment I QUAtlTY OF AGRICULTURAL LAND I i 1 ; * *, ! *k '0, - 'i, t ;'i ,1-, ; .--. . : '! -hz.& -. . -- :. : ;.+gb+ .-. .- : * -1.. ..2 :- --- . . . - ‘-. -.--.._ -- -\ . .’ ‘--.: -- _. -... .. . . . . \ : “\. \ . . LE w. BEST SUITED MODERATE ---_.a A-- LEAST t6ASED ON SOILS,CthlATE, SLOPE,ANO DRAINAGE1 -- -_ PROPOS-ED DEVELOPMENT -- -- Attachment J TABLE 6-2 MA’I’Iux SUMMARY OF SITE ANALYSIS FOR THE PROJECl- IN THE SAN DIEGO REGION Ocathdc adjacent to I-S north of Bush Popuktioa base of l5 rail. peopk within 3 hours drive Mu. dii from major metropoiii of 30 min. Silt mge min. 400 net Max. dii from the rntetstate/Pluway of 2 mila: No acuss through residential ttcighborhoob I%oldmity10ti- Utilitks available ourby Ceater City, $zy Ran&o de1 Om (site 13) ocumii, adjacent to 1 Population hue of l5 mil. pcopk Mtitt 3 hours drive Ya I-S, south of h4ieGon 3 Mu.diitanccftommajofmewpoiisof3Omitt. No Avenue. north of Site rcrrrge mitt. 400 net actu oceans&m : Site part of Mixed-Use with coarprtibk usa 2 nanaporution S.1 Direct Iaterrtlte/Frcway aaess vt ttt8jor anerkl rod No E Mu disumx ftottt the Interstate/Freeway of 2 taiks Ya No - through resideacid aeim No 54 Proximiytotaiiservice ! Utilities tibk twby E Lrnd Owner and Developer petforttu~~ requitemetlta 7.1 Gpabk of undertaking Zattittg/‘Laad Dwelopment No 72 Commitment to develop suit&k &lkty ptojccts No 8 Commitment to ruilrble Master Plan from Dewlopcr & city No 9 Low density neighbor proiects with auality landsaping No oceadde. aotth af 1 Popuiatioa brse of I5 tail. pcopk within 3 hours drive YCS oceansideBhrd,eaat 2 Mu distance from major metropolis of 30 mitt. No ofElcaatinoRe& 3 Site mge min. 400 net m YCS roUtholMU8Drivt 4 Site put of Mixed-Use with compatibk UIQ No 5 Tnnsponatiott ill D&x fntemtate/Frwvay anus via major arterial road No Mu. dktance from the Iatenute/Faway of 2 miks YCS 53 No access through tcsidential neighborboob YCS 5.4 Ptoximity to nil service YCS 4 ulilitiu availabk aeaby NO I*nd OWIK~ l tbd Dewloper performance tequiretaeats 3:: Capabk of undertaking &aittw Dewlopmeat No Commitment to dewlop suit&k rnciilary proiecrr No t Commitmeat to suiubk Muter Plan from Devrlopcr & City NO Law density mighbor projects with quality kttdscaping No C&bad Ranch S ijfc Plan Amtn&nuu Find- Efi 638 57 of Cadsbad own& 1995 P TABLE 6-2 M.A’I”Rtx SUMMARY OF SITE ANALYSIS FOR THE PROJECI’ IN THE SAN DIEGO REGION (Continued) oceaoside. south d State Route 78. usl of Population bate of I5 mil. peapk within 3 houn drive Mar. distaoce from atajor mewlis of 30 mitt. siracmgealin.4moetauu Noaaxssthroughraideoti8iaeighhorhoods Proxiotity to tail setvice Utilitia availabk nearby bnd Owner mod Dcdoper pedono8ace C+bie of undertaking Zoning/Land Commitment to develop suitabk axilkry Commitmeat to ruitabk Master plan chuk vi Midbay site (site #s) Poittte Ruort chuk vi (site # 6) C3~dCllttkVbu adjacent ta 1-5, betweeoEandF smeta cItydcbukVi SWeetmater Road Popuhtiaabucdlsmil.pcopkwithin3boundrSvt Ya : !uazdisuocefmmajorwtropalird3omitL Ya 3 Siteacrcagetnitt.4oonetacres No 4 Site pur of h&d-Use 9th caatp&bk uaa No i.1 Tnnrporutiar DirectIotentate/Freewayaausvkmajor~to8d Ya ii Ma& diioce ftun the I01et¶t8tc/Frcew8y of 2 mik8 YtS Noaau8thnntghKlideotkI~. YU 5.4 Proximilycoraiirrnricc Ya 6 UtilitiesavAbk w YU 7 LandOwoeraodDcvekpcrperfotmance requirements 7.1 Ca@k af underWing Zoaing/Laad DcWopmeat ho 72 Cornmitoteot to dewlop suitabk ancillary projtcu \;o 8 Gmohncot to suit&k Mrner Pko froat Dew&per & City x0 9 Low deositv nekhbor moiats with qualii landscaping \a 1 Populrtioabr+oflsmiLpeopkdtilia3boun~ YU 2 ~d&ttcefmataujormettv@kof#min. YU 3 siteaacagemh4oooetaua ko : Site pan d Mixed-Use with mmptibk ura k Ttancporutioa 5.1 Ditat Iotetstate/Fmmy - vir otajor arterial road b ii Mu. dii from the Intestate/F-y d 2 mika k NorapUuoughresidentkiaeighborboo& bo s.4 Pmximity to nil se* b 6 Utilitks &k ttcsrby Yet 7 bodomeraodDdoperprf-ntquirrmenu 7.1 Gpabk duodemkiog Zdog/LU Developmeot YU 72 Comtoittoeot to develop suit&k auciWy projects YU 8 Gnmttittneot to suitabk Muter Pka from Develapcr & City Ya 9 Law density tteighbor projects with quality landsaping YU Cadsbad Ranch S jic Ph Amen&mu FhamqnvnS 639 t? * 0fcLuirtkd ovembe 1995 ? 1 TABLE 6-2 MATRIX SUMMARY OF SITE ANALYSIS FOR THE PROJECT IN THE SAN DIEGO REGION (Continued) San Ysidro. Otay San Ysidro, near Mexican-US border Popuhtioa base of l5 mil. pcopk within 3 hours drive Mu. distance front tna@r metmplis of 30 mitt. Site mrp min 400 net acrea te part d Mixed-Use with caatpatibk uses aamviantajorarterklmad te/Ffeeway of 2 atikq Cadsbad Ranch S ‘fit Plan Amurdmem Final I=hgrwn EIigm c Teamblifornia Governor Pete Wilson -c Attachment K State of California Governor Pete Wilson Julie M. Wright, Secretary, Trade & Commerce Agency Tom Sayles, Secretary, Business Transportation and Housing Agency &Iaureen DilMarco, Secretary, Governor’s Office of Child Development and Education Tom Nagle, Director, Employment Development Department Geny 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 Agency Lydia Beltran, Project Manager, Employment Development DepartmentiTrade & Commerce Agency L’ego Family Park Hans Henrik Gram, Lego, Manager, Strategic Planning & Finance Joe Manna, Lego, Director, New Ventures & Licensing Jens Fleming Jensen, PM International, President Merete Raahauge, Corporate Counsel, Lego Foundation Todd Anson, Brobeck Phleger & Harrison, Attorney at Law Mike Corrigan, Price Waterhouse, Managing Partner City of Carlsbad Mayor Claude Lewis Mayor Pro Tern Margaret Stanton Ray Patchett, City Manager Marty Orenyak, Community Development Director Jim Elliott, Financial Management Director IMichael Holzmiller, Planning Director Lori Lieberman, Assistant to City Manager Cynthia Haas, Senior Management Analyst San Diego Convention & Visitor’s Bureau Terry Cahill, Vice-President, Marketing San Diego Economic Development Corporation Steve Weathers, Vice-President GosnelUPointe Builders Steve Adelson, Vice-President, Commercial Sales Ric Williams, Vice-President, Project, Coordination, and Planning Carltas John White, President m FORNLA TRADE AND COMMERCE AGENCY Pm wltos Govtmor Julie Mdci WA&t j su?efa?y j SaoDicgo 1 Regiomd i oeb ; 750’8’5mea suite 1830 San Dim CA 92101.1822 THE LEG0 FAMILY PARK INTRODUCTION The State of California is pleased to present thii $6 millii proposal to LEG0 World A/S for the first United States LEG0 Family Park. The LEG0 vision of ideas, exuberance, and values are shared by Team California which is positioned to make your U.S./Carfsbad LEG0 Family Park an astounding success. Thir, proposal is dediied to the infrastrwture assistance, human resources support, and marketing program indusion under the endorsement of the California Trade and Commerce Agency. The LEG0 team includes the State of Caliiia, the Cii of Carlsbad, the San Diego Economic Development Corporation, the County of San Diego, utilities, property owners, and land developers. However, this portion of the proposal reflects only the State of California’s support to the LEG0 project Governor Pete Wilson’s commitment to this project is total and unrested as he presents to you the State of California’s job incentive and infrastnxture program which is specifically designed to meet LEG03 needs. Under Govwnor Wilson’s direction, the California Department of Transportation (Caltrans) UMIJ provide $3 mill&n in infrastructure improvements, the California Empkyrnent Development Department has committed $600,000 in staff and services, and the State Employment Training Panel $2,500,000 in training reimbursements. Moreover, the Caliiia office of Tourism will identify the LEG0 Family Park as pat of its $34.7 million destination marketing program. Caltrans also ~11 include the LEG0 Family Park as part of its $3.7 million coopuabve Caltrans/Arntrak marketing program. The proposal includes comments from the Governor’s Office of CM Development and Education relating how the LEG0 Family Park compkments and mirrors California’s educational initiatives. The proposal also ~ndudes information on the State Water Resources Control Soard’s $5 million low merest loan for water reclamation on the LEG0 Family Park site, and a sumwry of other benefits to l.EGO, such as the Employer Child Care Tax Credit ind ttre Ridesharing Credii . T Attachment L . Friday, September 29.1996 THESAN DIEGO UNION-TRIBUNE .- Leg6 to build partnership at6 Cailsbad schools to benefit kids By DAYNA LYNN FRIED stiff writer CARLSBAD - The school board and Lego toy company have’ entered into a $27,000 putnership that will provide Lego Dacta educa- tional products for use in each grade at all schools in the district The pilot program, unanimously approved Wednesday by the school board. is the largest donation of its 2nd iom the Danish joy mantic~’ turer since it made a decision to built its $100 million theme park here. ‘Lego’s come up with a project that allows students to see, touch and work with all kinds of levers and gears,” school board President James McCormick said yesterday. ‘I chink it’s going to be a fabulous. benefit in helping with the educa- tion of children.” Under the agreement. the Lego toy company wiII donate $15.000, the school district will fund $6.500 and the Carlsbad Educational Foun- dation will give 55.500 toward the project. Dacta was established by Lego in 1980 as an educational component. For younger children, Dacta pr* grams oiler letter. color and shape recognition, while older children can learn about tools, the environ- ment, dinosaurs and cities - and even design vehicles out of Lego bricks and then, using a computer program, learn how to make them move. Under the partnership, teachen and students will incorporate Legc Dacta products in science, technol ogy and r,?athema:it: cu+:ula The idea is that because so man) students have played with Leg products, they will enjoy learn& through Dacta products, official! said. . _ -- .- . Att3chment >-I’ CUlLSBAD RkYCH CITY RFVF’XX 0-D EXPE~DITCRF m m!! Revenues Local Sales Tax S 993,500 Propefi/ Tax 650,000-700,000 Transient Tax j,711,000 Business License 58,000 Total Revcnuts S WI 2,500 to S5,462,500 General Government S 263,000 Public Safety I ,020,600 Community Developmen 433,400 Community Semites 397,000 Libmy 176,000 Total Costs s 2,290,doo iVet R~cnua (Costs) S 3,122,500 to S3,172,500 So&: City of Cadsbad staff working paper -.&chment Y CALIFORNIA TRADE AND COMMERCE AGEXCY Ptz Vr’iisan Aqust I6, 139; Ccver~cr Julie M::er ‘evr~~ht ’ scc.-::~ry hfr. Joseph Manr.a ; Director, New Venrzcs 3c Licensing Leg0 Systems, Inc. ; 555 Tayior Road : P.O. Box 1600 1 Etield, CT 060St-1600 Twm 1 Dear Mr. hianna: 80 I K Street I am writing to reconiirm our support and enthusiasm for Lego’s plan to build its I tin Xonh American famiiy artraction and destination resoR. Should Lego decide to devefop a Legoland in Carisbad, Caiifomia the California Division of Tourism would eagerly embrace the project and work cooperatively with your attraction to increase its exposure through our numerous tourism marketing programs. Considered one ofthe Iargest and most proactive state destiriation marketing programs in the United States, the California Division ofTourism spent approximately 534.7 million to promote travel to Califamia last 6scal year - 57.5 million kom the State ot’California and 527.2 million !?om private cooperative partners. . - . _ .ti an example of California’s approach, the State is now working with Coca-Cola to conduct the largest consumer promotion ever done by Coca-Cola in Japan. Coca-Cola and other commercial sponsors are spending over 523 million to promote travel to Califknia San Diego County is one of six California themes that will be seers on 492 million cans of Coca-Cola products, 7.6 million point of sale materi& a national Sprint “800” line, and television advertising Fully one- half&e population has been reached by this campaim and an astonishing one-in- ten hpanese will enter the sweepstakes to win a trip to California Due to the success of this campaign, Coca-CoIa last week approached our office to conduct a similar promotion in the United Kingdom suite I600 Smamento, CA 9saw3520 Among other promotional progams, the California Division of Tourism advertises 9 I a/322-288 I travel to California throughout the United States, organ&s major statewide and ‘QX 9 16/322-3402 national consumer promotions, provides travel information to over 1.5 million trawlers a year, stimulates travef journalists’ interest it destimtio~ thoughout the State, and conducts an extensive sales mission and trade show prow in targeted I * Page Two cities and countries (plcue see CaEoka Dkisicn oiiautism 1993194 Tourism Marketing Plan). Yet only are we eager to incorpc:a:t the Legoland attraction into the tiorementioned marketing activities, we imite a represemative at’ your attrxtion to become an ofkiai member of the Tourism Commission’s Marketing .~Ctisoq Committee. This committee is comptised of the cop tcurism marketing professionals in the state and provides invaluable input and direction to our tourism marketing prow. Caiifornia receives over 254 milIion visitors (person trips) each year, and the California Division ofTourism loo!cs forward to waking with the Legoland resort to ensure that it, too, WU receive a substantial share of this vast visitor base. Please feei tiee to contact me or the Director of Tourism Marketing, Caroline Petersen Beteta, should you have any further questions or need additional information. Sincerely, WHN POMROO Deputy Secreta,ry/Director of Tourism - . . \ ‘. - 1 . * II.’ * 4. ‘..Ld ‘-.*..L-a.,a * ** .,, .b. . . , :, As ., ‘(: m OEPARTME~~~A~~~~~~A~~*~‘. -- -’ 2lVl!iiCN t.Jb fi~iL = ; anx ?429;r jACPAh4Eru :a CA g4:74.c(30 I !916) XT.9413 --a, ,L ,3'51 :34.1;11* s -. f ‘: ,L, . . . . Xtt3chmeat 0 w,’ .l t3 ..,: 1- ,u.v -, is93 Mr. joqh Mama Pirec:ot Wcw Vemures and Liceming LECO syst6ttxu, Lu 555 Taylor Road P.O. Box I6Qo , Enfield CT 06082-IfShY DQar Mr. .%ianm: The Rail .Ma&&ng bnxh of t!tC Cdmtia OIpvonatt of T~porta~an, OLkans) is plead to hear of your interest in lotting Lcgo Family Park in Sourhem California. Our msporuibility is to incmase rid-hip on Strtwparwrrd kztM~ tniru bough advutbing and promoting tie benefh ot md tmvel. In partnership with Amtrak we spend needy 510 million uutua& promoting train eavei in C&&I-, h@ightzng popular Skatvwide datirudons t!!t are accessible by hain . 5ome of those Cestirutfons have included tourist a~ctkw sir&u to Leg0 such as the Napa Valley, YoJ+mita. Reno ard San Fran&co; theme parks ix!u!ing Paramount’s Cteac ,~~tia and ‘Marhe World; and specbl events Y&I a~ ti. Sacrkmto jarz Jubilee, the Cdibmia State Fair and others We UC dso p~motiod gartnam with the Oakland Athlti and the California Angels. f have axi& a direct maii pivot we produced in 1992 u an example of one oi our Fast tnadeUq dkxts which highIightrd .4mti wrvicm by bnkng than wit!t popufiu Calhnia des&uMotu An antaction like Lqo Fautily Park would be a logid dakution to inciudr in future publiotionr iike thir one We can aLo m-ion joint prc+motionr to baort Lego Funilg Pahattmdu\ct ard cnfn ridership by creating prize package givaway~ with Anrtmk lickcb u\d he admivion to LQ+. Prisr pukagr, could be won in m&o statfon conttsb in school cormsa with 10~1 children or in any number of Inuginative ways, aearing @ wtlf and awamne of hp ud Amtrak .. . . \ f :.‘>\‘;!I \!J::!!d -C j\;iy l2. ;‘+Y? r+ 2 We beiirve our succes ti ir.c:eutc:g ndeohp 03 C~~CSI :rauts ;r tied, m Dart, to the deJtinatians we xpc. Lqo’s otaxlmitv tO c)Ur ‘ku*e.T 61i;oryua ~rfi,;c~’ ?:=rvt~~~ the opportunity for a vaiuable ;atnt parmershq We welcome w CO Cd&x+~ ad !wk FoywaZ! LO aCCicY$ y3u to cur !Lt of Calibnia pmotiFai penen. ?ks3c contact me at t?IO) ‘“t-3413 :f i cart be or’ 3nv ~~ci!7cr wi)cance. ’ Enclosure Sincerely, W3ini SiGned Iry ERKsmA~, Markrdng bnch CLief- k DOR Filer cSchatmeiu SAlston LCovir.gton:133asiJEsxcr c2s) ceneral EXHIBIT “0” * JANUARY 9,1996 COUNTY OF SAN DIEGO OFFICE OF THE ASSESSOR GREGORY J. SMITH 1600 PACIFIC HIGHWAY. ROOM 103 SAN DIEGO. CA 92101-2460 COUNTY ASSESSOR (619) 236-3771 October 23, 1995 Martin Orenyak Community Oevelopment Oirector City Of Carlsbad 2075 Las Palmas Drive Carlsbad, CA 92009 Dear Mr. Orenyak: Re: Williamson Act Cancellation of Ecke Agricultural Preserve; Request for Determination of Fair Market Value In response to your letter of September 20, 1995, the following information is provided, The Certified Current fair Market Value for the portions of land being canceled under California Land Conservation Act contract #76-l, i-s $14,300,000. The allocation of this value by parcel is: APN Acres --- ---a--- Full Market Value -s------------ 211-022-05 107.85 $ 7,450,ooo 211-022-06 5.38 240,000 211-023-02 15.95 2,780,OOO 211-023-05 8.45 1,830,OOO 211-023-06 44.86 2,000~000 m ,3m ,mu If you have any further questions please call Patrick McKinney, 3'. (619) 498-2270. Very truly yours, GREGORY J. SMITH County Assessor ROBERT L. TROVATEN Division Chief GJS:RLT:go cc: Carltas Development Company Carts bad Ranch APYS .htes Requested Acres in . Lot Canccllanon APN (’ 211-022-05 lO?.dS 149.14 211-022-06 5.38 27.95 211423-02 15.95 39.86 211-023-05 8.45 12.00 tllO23-06 44.66 71.96 TOTAL 182.4$ . I ea.. - -- . . - , . . I 1 t- 0’ : zeta’ . % A XG' 5s~E : l 1 =a* -II I Anachmcnt B ’ I 2114224s 211-02246 211423-02 _ -21 I4234S 21 l-023-06 167.83 1 :$I 614s 44.66 CONDITIONS REQUIRED FOR FINAL CANCELLATION OF WILLIAMSON ACT CONTRACTS ON PORTIONS OF LAND TOTALING APPROXIMATELY 179.11 ACRES COVERED BY WILLIAMSON ACT CONTRACT NUMBER 76-l AND GENERALLY DESCRIBED AS THE LEGOLAND, RESORT, RESEARCH AND DEVELOPMENT/ OFFICE, AND SPECIALTY RETAIL PLANNING AREAS AND LEG0 DRIVE OF THE CARLSBAD RANCH SPECIFIC PLAN AMENDMENT Pursuant to Section 51283.4 of the California Government Code, the following conditions shall be satisfied for final cancellation of Williamson Act Contracts on land totaling approximately 179.1 l acres covered by Williamson Act Contract Number 76-l and generally described as the LEGOlAND, Resort, Research and Development/Office, Specialty Retail, and LEG0 Drive Cancellation Areas, as depicted on Attachment “E-1”. The landowner shall provide notice to the City, as specified in Section 51283.4 when all conditions have been fulfilled for each such area. If the landowner is unable to satisfy the conditions enumerated below for that area, the landowner shall provide notice to the City of the particular conditions they are unable to satisfy and, pursuant to Section 51283.4, the City shall, within thirty days, execute a certificate of withdrawal of approval of the tentative cancellation of the contract for that Cancellation Area and cause the same to be recorded. Determination by the City of compliance with these conditions is intended to be a ministerial act. 1. PAYMENT OF THE CANCELLATION FEES Cancellation fees for the LEGOLAND Cancellation, Resort Cancellation, Research and Development/Office Cancellation, Specialty Retail Cancellation, and LEG0 Drive Cancellation in the amounts as calculated by the City and certified to the county auditor, based upon the cancellation values certified to the Council by the county assessor, shall be paid for that Cancellation Area prior to final cancellation of the respective cancellation area. If the County Assessor certifies a lesser cancellation value for APN 21 l-022-05 and APN 21 l-023-06, pursuant to the applicant’s reconsideration letter to the County Assessor on November 9, 1995. and December 151995, cancellation fees for the LEGOLAND Cancellation, Resort ‘Cancellation, and LEG0 Drive Cancellation shall be recalculated by the City and certified to the County Auditor based upon the revised cancellation value cemfied to the City Council by the County Assessor. If such fees have not been pard within one year of the date of recording of the Certificate of Tentative Cancellatron. any such unpaid fee for the Cancellation Area subject to final cancellation shall be recomputed upon notice to the City by the landowner that the landowner has satisfied, or is prepared to satisfy the outstanding conditions. Recomputation shall follow the procedure for the original calculation and shall be based upon the value of the land at the time of recomputation. 2. PERMITS NECESSARY TO COMMENCE THE PROJECT All permits necessary to commence the project within the Cancellation Area shall have been issued prior to final cancellation for that Cancellation Area. The Permits necessary to commence the Project pursuant to Government Code section 51286.4 are determined by the City to be the following: A) A Final Map or Grading Permit from the City of Carlsbad for the LEGOIAND, the Resort, the Research and Development/Office, the Specialty Retail, or LEG0 Drive Cancellation Areas; and A Coastal Development Permit from the City of Carlsbad or California Coastal Commission for any grading in the LEGOlAND, the Resort, the Research and Development/Office, the Specialty Retail, or LEG0 Drive Cancellation Area. 3. DEDICATIONS OF PROPERTY The landowner shall, prior to final cancellation of any Cancellation Area, offer to the City or to the appropriate public agency, all property within the LEGOLAND, the Resort, Research and Development/Office, the Specialty Retail, and LEG0 Drive Cancellation Areas which are required to be dedicated to public ownership for that Cancellation Area under the conditions of the Specific Plan Amendment and/or Tentative Map for Carlsbad Ranch. 4. ENVIRONMENTAL IMPACT REPORT AND STATEMENT OF OVERRIDING CONSIDERATIONS AND MITIGATION AND MONITORING REPORT Pursuant to Sections 15162 and 15168 of the State of California Environmental Quality Act (CEQA) Guidelines, the City of Carlsbad has reviewed the proposed request for tentative cancellation on portions of land totaling approximately 179.11 acres covered by Williamson Act Contract Number 76-l and generally described as the LEGOLAND, Resort, Research and Development/Office, Specialty Retail and LEG0 Drive Cancellation Areas and has determined that the request is within the scope of the approved Carlsbad Ranch Specific Plan Amendment (Ordinance NS344), and that the certified Carlsbad Ranch Specific Plan Amendment and Final Environmental Impact Report (Resolution No. 96-l) and adopted Statement of Overriding Considerations and Mitigation and Monitoring Program (Resolution No. 96-l) adequately describes the associated potential impacts and required mitigation measures and no new environmental documentation has been required for the purposes of CEQA. The landowner shall, prior to final cancellation of any Cancellation Area, complete all required mitigation measures identified for that cancellation area in the certified Carlsbad Ranch Specific Plan Amendment Final Environmental Impact Report (Resolution No. 96-l) and adopted Statement of Overriding Considerations and Mitigation Monitoring Program (Resolution No. 96-l) for the LEGOIAND, Resort, Research and Development/Office, Specialty Retail, and LEG0 Drive Cancellation Areas. P.4CIEC CCLJI CARLSBAD RANCH: CANCELLATION AREAS A. Specialty Retail Cancellation Area - 15.95 Acres B. Research and Development/Office Cancellation Area - 20.87 Acres C. LEG0 Drive Cancellation Area - 1.08 Acres D. LEGOLAND Cancellation Area - 93.3 5 Acres E. Resort Cancellation Area - 47.86 Acres . - RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO: 1 City Clerk CITY OF CARLSBAD ! 1200 Carlsbad Village Drive 1 Carlsbad, CA 92008 Space above this line for Recorder’s use Parcel No. 21 l-022-05. 06, 21 l-023-02. 05, 06 CERTIFICATE OF TENTATIVE PARTIAL CANCELLATION PURSUANT TO CALIFORNIA LAND CONSERVATION ACT OF 1965 Pursuant to the California Land Conservation Act of 1965, the City of Carlsbad (the “City”), does hereby give notice of tentative partial cancellation of the following described contract and certifies: 1. On February 10, 1976, the then current landowner and the City entered into that certain Land Conservation Contract 76-l under the California Land Conservation Act of 1965, recorded on March 1,1976, as Document Number 76-059758 in the Office of the San Diego County Recorder (the “Contract”). 2. The land subject to the Contract is described in Exhibit “A” attached hereto and incorporated herein by this reference (the Contract Land”). 3. CahS Company, a California limited partnership; CB Ranch Enterprises, a California corporation; Carlsbad Ranch Company L.P., a California limited . . partnership; and Carlsbad Estate Holding, Inc., a California corporation, the current owners of a portion of the Contract Land which is depicted in Exhibit “B” attached hereto and incorporated herein by this reference (the “Carlsbad Ranch Cancellation Land”). 4. The Carlsbad Ranch Cancellation Land is the subject of the tentative partial cancellation adopted on January 9 1996, by the City Council of the City . - of Carlsbad (the “Council”) Resolution No. 962, subject to the conditions set forth in Exhibit “C” , therein (the Conditions”). 5. The Conditions are set forth in this Section 5 and shall be satisfied for final partial cancellation of the respective cancellation area. 5.1. Pavment of the Cancellation Fee. A cancellation fee for the respective cancellation area in the amount of: $791609.00 for the LEGOlAND Cancellation Area; $291,694.00 for the Resort Cancellation Area: $361 ,194.OO for the Research and Development/Office Cancellation Area; $347,391.00 for the Specialty Retail Cancellation Area; and, $29227.00 for LEG0 Drive Cancellation Area. The Cancellation Fee is as calculated by the City and certified to the County Auditor, based upon the cancellation value certified to the Council by the County assessor shall be paid prior to final partial cancellation. If the County Assessor certifies a lesser cancellation value for APN 21 l-022-05 and APN 21 l-023-06, pursuant to the applicant’s reconsideration letter to the County Assessor of November 9,1995, and December 15, 1995, cancellation fees for the LEGOLAND cancellation, resort cancellation, and LEG0 Drive cancellation shall be recalculated by the City and certified to the County Auditor based upon the revised cancellation value certified to the Council by the County Assessor. If such fee has not been paid within one (1) year of the date of recordation of this Certificate of Tentative Partial Cancellation, any such unpaid fee for the area subject to final cancellation shall be recomputed upon notice to the City by the landowner that landowner has satisfied, or is prepared to satisfy, the outstanding conditions. Recomputation shall follow the procedure for original calculation and shall be based upon the value of the land at the time of recomputation. . . . . -2- 5.2. Permits Necessarv to Commence the Proiect. All permits necessary to commence the project within the respective cancellation areas, shall have been issued prior to final partial cancellation for that cancellation. The permits necessary to commence the project pursuant to California Government Code Section 51283.4, are determined by the City to be the following: 0 A Final Map or Grading Permit from the City of Carlsbad for the grading in the respective cancellation areas including LEGOIAND, the Resort, the Research and Development/Office, the Specialty Retail, or LEG0 Drive cancellation areas; and, ii) A Coastal Development Permit for the respective cancellation area from the City of Cartsbad or the California Coastal Commission for any grading in the LEGOLAND, the Resort, the Research and Development/Office, the Specialty Retail, or LEG0 Drive cancellation area. 5.3. Dedication of Propertv. Prior to final cancellation of any Cancellation Area, the landowner shall offer to the City or to the appropriate public . agency, all property within the LEGOlAND, Resort, Research and Development/Office. the Specialty Retail, and LEG0 Drive cancellation area, which is required to be dedicated to public ownership for that cancellation area under the conditions of the Carlsbad Ranch Specific Plan Amendment 267(A). 5.4 Environmental Impact Reoort and Statement of Overndtnq Considerations and Mitioation Monitorina Proaram. Pursuant to Sections 15162 and 15166 of the State of California Environmental Quality Act (“CEQA”) Guidelines, the City has reviewed the proposed request for tentative cancellation on portions of land totalrng approximately 179.11 acres covered by Williamson Act Contract Number 76-l and generally described as portions of the LEGOlAND, Resort, Research and Development/Office, Specialty Retail and LEG0 Drive cancellation areas of the approved Carlsbad Ranch Specific Plan Amendment 207(A) (Ordinance No. NS-344), and that the certified Carlsbad Ranch Specific Plan Amendment 207(A) Final Environmental Impact Report (Resolution No. 96-l) and adopted Statement of Overriding Considerations and Mitigation Monitoring Program (Resolution No. 96-l) adequately describe the associated potential impact and required mitigation measures and no new environmental documentation has been required for the purposes of CEQA. The landowner shall, prior to final cancellation of any Cancellation Area, complete and/or comply with all applicable required mitigation measures for that Cancellation Area identified in the certified Carlsbad Ranch Specific Plan Amendment 207(A) Environmental Impact Report (Resolution No. 96-l) and adopted Statement of Overriding Considerations and Mitigation Monitoring Program (Resolution No. 96-l) for the LEGOlAND, Resort, Research and Development/Office, Specialty Retail and LEG0 Drive cancellation areas. . . . . . . . . . . . . -4- I 6. A Certificate of Final Partial Cancellation for the LEGOlAND Cancellation Area, the Resort Cancellation Area, the Research and Development/Office Cancellation Area, the Specialty Retail Cancellation Area, or the LEG0 Drive Cancellation Area will be issued and recorded by the City upon satisfaction by the landowner of the respective conditions for that cancellation area set forth in Section 5, above. CLAUDE A. LEWIS, Mayor City of Carlsbad Date All-EST: ALEIHA L. RAUTENKRANZ, City Clerk City of Carlsbad -5- AG~A ~SDIGNDA LAGOOIl : L -7 “i- A-” \ EXijlBlT “A” CARLSBAD RANCH: WILLIAMSON ACT LANDS I Non-Williamson Act Lands 121.94 Williamson Act Lands Remaining Under Contract 146.35 Williatn~n Act Lands to be Removed from Conbact 179.1 I WlUlAMSON ACT IANOS TO BE REMWED FROM EXISVNC PARCELS I 1 ASSESSOR'S PARCEL NUUBER AREA (Acres) 211-022-0s 107.54 211-022-06 all-023-02 152.: _ 211-023-0s io6 211-025-06 44.66 late: 10/w/95 Km. 13 pc I' fllE=F \Joes\891014\LGoExwMcm CONDITIONS REQUIRED FOR flNAL CANCELIATION OF WILLIAMSON ACT CONTRACTS ON PORTIONS OF LAND TOTALJNG APPROXIMATELY 179.11 ACRES COVERED BY WILLIAMSON ACT CONTRACT NUMBER 761 AND GENERALLY DESCRIBED AS THE LEGOLAND, RESORT, RESEARCH AND DEVELOPMENT/ OFFICE, AND SPECIALTY RETAIL PLANNING AREAS AND LEG0 DRIVE OF THE CARLSBAD RANCH SPECIFIC PIAN AMENDMENT Pursuant to Section 51283.4 of the California Government Code, the following conditions shall be satisfied for final cancellation of VVrlliamson Act Contracts on land totaling approximately 179.11 acres covered by Wrlliamson Act Contract Number 761 and generally described as the LEGOIAND, Resort, Research and Development/Office, Specialty Retail, and LEG0 Drive Cancellation Areas, as depicted on Attachment “E-1’. The landowner shall provide notice to the City, as specified in Section 51283.4 when all conditions have been fulfilled for each such area. If the landowner is unable to satisfy the conditions enumerated below for that area, the landowner shall provide notice to the City of the particular conditions they are unable to satisfy and, pursuant to Section 51283.4, the City shall, within thirty days, execute a certificate of withdrawal of approval of the tentative cancellation of the contract for that Cancellation Area and cause the same to be recorded. Determination by the Cii of compliance with these conditions is intended to be a ministerial act 1. PAYMENTS Cancellation fees for the LEGOLAND Cancellation, Resort Cancellation, Research and Development/Ofke Cancellation, Specialty Retail Cancellation, and LEG0 Drive Cancellation in the amounts as calculated by the Cii and certified to the county auditor, based upon the cancellation values certified to the Council by the county assess~, shall be paid for that Cancellation Area prior to final cancellation of the respective cancellation arse. If the County Assessor certifies a lesser cancellation value for APN 21 l-022-05 and APN 211 m, pursuant to the applicant’s reconsideration letter to the County Assessor on November 9, 1995, and December 15,1995, cancellation fees for the LEGOUND Cancellation, Resort Cancellation, and LEG0 Drive Cancellation shall be recalculated by the City and certified to the County Auditor based upon the revised cancellation value cerWd to the City Council by the County Assessor. If such fees have not been pard within one year of the date of recording of the CertifWe of Tentative Cancellation, any such unpaid fee for the Cancellation Area subject to final cancellation shall be recomputed upon notice to the Cii by the landowner that the landowner has satisfied, or is prepared to satisfy the outstanding conditions. Recomputation shall follow the procedure for the original calculation and shall be based upon the value of the land at the time of recomputation. 2. PERMITS NECESSARY TO COMMENCE THE PROJECT All permits necessary to commence the project within the Cancellation Arse shay have been issued prior to final cancellation for that Cancellation Arm The Permits necessary to commence the Project pursuant to Government Code section 51263.4 are determined by the City to be the Following: , 4 A Final Map or Grading Permit from the City of Cad&ad for the LEGOUND, the Resort, the Research and Development/Oftice, the Specialty Retail, or LEG0 Drive Cancellation Areas; and W A Coastal Development Permit from the City of Carlsbad or California Coastal Commission for any grading in the LEGOUND, the Resort, the Research and Development/Office, the Specialty Retail, or LEG0 Drive Cancellation Arm The landowner shall, prior to final cancellation of any Cancellation Aree, offer to the City or to the appropriate public agency, all property within the LEGOlAND, the Resort, Research and DevelopmentKHfice, the Specialty Retail, and LEG0 Drive Cancellation Areas which are required to be dedicated to public ownership for that Cancellation Area under the conditions of the Specific Plan Amendment and/or Tentative Map for Carlsbad Ranch. 4. ENVIRONMENTAL IMPACT REPORT AND STATEMENT OF OVERRIDING CONSlDERATlONS AND MITIGATION AND MONITORING REPORT Pursuant to Sections 15162 and 15166 of the State of California Ermironmental Quality Act (CEGA) Guidelines, the City of Car&bad has reviewed the proposed request for tentative cancellation on portions of land totaling approximately 179.11 acres covered by Williamson Act Contract Number 761 and generally described as the LEGDLAND, Resort, Research and Development/Office, Specialty Retail and LEG0 Drive Cancellation Areas and has determined that the request is within the scope of the approved Carkbad Ranch Specific Plan Amendment (Ordinance NS-344), and that the certified Carlsbad Ranch Specific Plan Amendment and Final Environmental Impact Report (Resolution No. 96-l) and adopted Statement of Overriding Considerations and Mitigation and Monitoring Program (Resolution No. Q&l) adequately describes the associated potential impacts and required mitigation measures and no new environmental documentation has been required for the purposes of CEQA. The landowner shall, prior to final cancellation of any Cancellation Area, complete all required mitigation measures identified for that cancellation area in the certified Carfsbad Ranch Specific Plan Amendment Final Environmental Impact Report (Resolution No. 9&l) afRI adopted Statement of Overtiding Considerations and Mitigation Monitoring Program (Resolution No. 96-l) for the LEGOUND, Resort, Research and Development/Oflice, Specialty Retail, and LEG0 Drive Cancellation Areas. . - -. -- -. -.. ,iGa .~D:s#ol icG3QH \ ‘-4 Am- -E-Y C~Sbt.D RANCH: CANCELLATION AREAS A. Specialty Retail Cancellation Area - 15.95 Acres B. Research and Development/Office Canceltation A.rea - 20.87 Acres C. LEG0 Drive Cancellation Area - 1.08 Acres D. LEGOLAND CanceUatioa kea - 93.35 Acres E. Resort Cancellation Ana - 47.86 Acres