HomeMy WebLinkAbout1996-01-09; City Council; 13464 Exhibit 2; Carlsbad Ranch Specific Plan1
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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.
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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”).
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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
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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
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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
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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
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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
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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 ,
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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.
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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.
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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
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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.
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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
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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
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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
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,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
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NOES: None
ABSENT: None
ABSTAINz None
ATTEST:
ALETHA L. RAUTENKRANZ, City Cl&k
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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
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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
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“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.
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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.
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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
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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