HomeMy WebLinkAbout1996-08-20; City Council; 13781; Carlsbad Ranch,. .
3 5 E % . . f 2 g ri
AB# /3,7-81
MTG.8 -20 -?b
DEPT. PLN 52t*
- e q5
4 &)o 5 CITY OF CARLSBAD - AGkdDA BILL
TITLE- -- DEPT. HD.
FINAL WILLIAMSON ACT CONTRACT CANCELLATION
FOR CANCELLATION AREAS “A” AND “C” OF THE CITY ATTY. & CARLSBAD RANCH - AP 76=01(D)
c.ly4-q~Pao~ CKYMGR = /
That the City Council ADOPT City Council Resolution No. 94 -d(85 APPROVING
the Final Cancellation for Carlsbad Ranch Cancellation Areas “A” and “C” based upon
the finding that all conditions of the Certificate of Tentative Partial Cancellation
(Document No. 1996-0107755) have been satisfied, and authorizing the Mayor to sign
the Certificate of Final Partial Cancellation Pursuant to the California Land
Conservation Act of 1965.
ITEM EXPLANATION:
On January 9, 1996 the City Council approved the Tentative Partial Cancellation for
the California Land Conservation Contract on the Carlsbad Ranch property in
conjunction with other approvals for the site. Five cancellation areas were approved
which allow the Final Contract Cancellation to occur in separate phases. The
cancellation areas relate to the development plan identified in the Carlsbad Ranch
Specific Plan (SP 207(A)) as well as the Final Map phases for the Carlsbad Ranch
Master Tentative Map (CT 94-09). The cancellation areas created are identified as
areas “A” through “E”. Two of the five cancellation areas are contained within Unit I of
the Final Map and include the following:
Cancellation Areas
A. Specialty Retail Cancellation Area - 15.95 Acres
C. LEG0 Drive Cancellation Area - 1.08 Acres
The Carltas Company has satisfied all conditions of approval required to obtain a
Final Map for Unit I of the Master Tentative Map. Pursuant to California Government
Code Section 51283.4(b), the landowner, the Carltas Company notified the City in
August 1996, that all of the conditions of the Tentative Partial Cancellation have been
satisfied. The conditions required for Final Partial Contract Cancellation include:
1. Payment of the Cancellation Fees
Cancellation fees in the amount of $376,618.00 ($347,391 .OO for the Specialty
Retail Cancellation Area and $29,227.00 for the LEG0 Drive Cancellation
Area) were paid to the San Diego County Treasurer by the landowner in
August 1996.
2. Permits Necessarv to Commence the Proiect
All permits necessary to commence the project have been obtained by the
landowner as follows: \
I ’ PAGE 2 OF AGEN;A BILL NO. /3, /
A) August 13,1996 - Final Map approved by the City of Carlsbad B) August 1996 - Coastal
Coastal Commission.
Development Permit issued by the California
3. Offer of Dedication of Proper&
The landowner has dedicated to the City all property within the cancellation
areas which is required to be dedicated to public ownership under the
conditions of the Carlsbad Ranch Specific Plan Amendment and the Master
Tentative Map. An Irrevocable Offer of Dedication from the landowner to the
City of Carlsbad was made on the Final Map for Unit I of CT 94-09.
4. Environmental Impact Report and Statement of Overridinq Considerations and
Mitiaation Monitorina Report
The landowner has complied with all applicable mitigation measures identified
in the Carlsbad Ranch Specific Plan Amendment Final Program Environmental
Impact Report (EIR 94-01).
City staff has reviewed all the documentation provided by the landowner and is
satisfied that the landowner has met all the conditions of tentative cancellation.
FISCAL IMPACT:
Aside from typical administrative costs associated with processing the final
cancellation, no direct fiscal impacts will result from the approval of the final
cancellation of Areas “A” and “C”.
EXHIBITS:
1. City Council Resolution No. % -28’s
2. Certificate of Final Partial Cancellation for Areas “A” and “C”
3. Recorded Copy of the Certificate of Tentative Partial Cancellation
4. Draft Notice of Satisfaction of Conditions from Landowner dated, August 19, 1996
5. Draft Letter from County Treasurer-Tax Collector evidencing receipt of the
cancellation fee
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-
RESOLUTION NO. 96-285
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD APPROVING THE FINAL WILLIAMSON ACT
CONTRACT CANCELLATION FOR THE CARLSBAD
RANCH SPECIALTY RETAIL (AREA “A”) AND LEG0
DRIVE (AREA “C”) CANCELLATION AREAS.
CASENAME: CARLSBAD RANCH FINAL PARTIAL
CASE NO.:
CANCELLATION FOR AREAS “A” AND “C”
AP 76-01(D)
WHEREAS, on January 9, 1996, the Tentative Partial Cancellation of the
Williamson Act Land Conservation Contract on portions of the Carlsbad Ranch totaling
approximately 179.11 acres covered by Williamson Act Contract Number 76- 1 was approved by
the City Council of the City of Carlsbad (the “Council”).
WHEREAS, the Carltas Company has satisfied all conditions of approval of the
Tentative Partial Cancellation for the Specialty Retail (Area “A”) and LEG0 Drive (Area “C”)
cancellation areas listed in the Certificate of Tentative Partial Cancellation recorded with the
County Recorder as Document Number 1996-O 10775 5.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of
Carlsbad, that the Certificate of Final Partial Cancellation for the Specialty Retail (Area “A”) and
LEG0 Drive (Area “C”) Cancellation Areas is hereby approved.
NOW THEREFORE BE IT FURTHER RESOLVED by the City Council of the
City of Carlsbad, that the Mayor is authorized to sign the Certificate of Final Partial Cancellation
for the Specialty Retail (Area “A”) and LEG0 Drive (Area “C”) Cancellation Areas.
. . .
. . .
3
,
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council
of the City of Carlsbad, California, on the 20th day of August , 1996, by the
following vote, to wit:
AYES: Council Members Lewis, Nygaard, Kulchin, Hall and Finnila
NOES: None
ABSENT: None
ATTEST:
ALETHA L. IWJTENKRANZ, City Clejk
-2-
RECORDING REQUESTED BY AND )
WHEN RECORDED MAIL TO: 1
1 City Clerk 1 CITY OF CAIUSBAD > 1200 Carlsbad Village Drive 1 Carlsbad, CA 92008 > Space above this line for Recorder’s use
Parcel No. 2 l l -022- 15 (portion) & 2 1 l-023-09 (nortion)
Cancellation Area - A (Specialty Retail) & C (LEG0 Drive)
CERTIFICATE OF FINAL PARTIAL CANCELLATION PURSUANT TO
CALIFORNIA LAND CONSERVATION ACT OF 1965
Pursuant to the California Land Conservation Act of 1965, the City Council of the
City of Carlsbad (the “City”), does hereby give notice of final partial cancellation for Area “A”,
Specialty Retail Cancellation Area and Area “C”, LEG0 Drive Cancellation Area 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. Carltas 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”).
-l-
4. The Specialty Retail (Area “A”) and LEG0 Drive (Area “C”) Cancellation
Land, along with certain other 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. 96-
2, and evidenced by that certain Certificate of Tentative Partial Cancellation recorded with the
San Diego County Recorder as Document Number 1996-0107755 on March 5, 1996 (the
“Certificate of Tentative Cancellation”). The tentative cancellation was subject to certain
conditions set forth therein (the “Conditions”).
5. The conditions, with respect to the Specialty Retail (Area “A”) and LEG0
Drive (Area “C”) Cancellation Land, as set forth in Council Resolution 96-2 and Section 5 of the
Certificate of Tentative Partial Cancellation have been satisfied, as follows:
5.1. Payment of the Cancellation Fee. A cancellation fee in the amount of
$376,618.00 for the Specialty Retail and LEG0 Drive Cancellation Land, as calculated by the
City and certified to the County Auditor, has been paid by the landowner to the San Diego
County Treasurer in August 16, 1996.
5.2 Permits Necessary to Commence the Proiect. All permits necessary to
commence the project have been issued. The permits necessary to commence the project
pursuant to California Government Code Section 51283.4, as determined by the City, are as
follows:
0 A Final Map from the City. The Final Map was approved by the City
Council on August 13, 1996.
ii) A Coastal Development Permit from the California Coastal Commission
for the Final Map and Grading Permit. A Coastal Development Permit was issued by the
California Coastal Commission in August 1996.
-2-
5.3 Dedication of Proper&. The landowner has dedicated to the City all
property within the Specialty Retail and LEG0 Drive Cancellation Areas, required to be
dedicated to public ownership under the conditions of (i) Specific Plan 207(A), which Specific
Plan was adopted by the City on January 9, 1996, by City Ordinance No. NS-344 (the “Specific
Plan”) and (ii) the Master Tentative Map for Carlsbad Ranch (CT 94-09). Such Irrevocable
Offer of Dedication from the landowner to the City of Carlsbad was made on the Final Map for
Unit I of CT 94-09.
5.4 Environmental Impact Report and Statement of Overriding Considerations
and Mitigation Monitoring Program. The landowner has complied with all applicable mitigation
measures identified in the Carlsbad Ranch Specific Plan Amendment Final Program
Environmental Impact Report (EIR 94-01).
6. The Conditions of Section 5 of the Certificate of Tentative Partial
Cancellation for the Specialty Retail (Area “A”) and LEG0 Drive (Area “C”) Cancellation Areas
depicted on Exhibit “C” and more particularly described on Exhibit “D-l” and “D-2” (Legal
Description) have been satisfied, and this certificate constitutes a Certificate of Final Partial
Cancellation for the ail and LEG0 Drive Cancellation Land.
August 20, 1996
Date
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk]
(SEAL)
-3-
. -
- EXHIBIT “A”
--W. -. 1. AGUA lfmmnm UGOOX , \
‘L-x d’ 1
: \ ‘L - 7’ \
i
CARLSBAD RANCH: WILLIAMSON ACT LANDS
I 1 Non-Wiiliamson Act Lands
121.94
Williamson Act Lands Remaining Under Contract
146.35
Williamson Act Lands to be Removed from Contract
179.1 I
EXHIBIT “B”
PN 211-023-10
WILLIAMSON ACT LANDS TO BE REMOVED FROM EXISTING PARCELS
ASSESSOR’S PARCEL NUMBER AREA (Acres)
21 l-022-14 21 l-022-15 152.9? 21 l-022-16 97.92 2 11-023-08 48.20 21 l-023-09 14.36
Date: 08/01/96 lime: 15, PC #l FlLE=F~\JOBS\89lOl4\LCOEXWA4 DWG
EXHIBIT “C”
.\‘i ! “A.. -- Y! ii ‘., .““‘..--- --- --- -- -,- . \fi il ./; rs - - -.-
;-‘/A, ‘. ii .
+y. .y, ;
ki“\
’ j,‘!
\
?A
I
-Gk---~~~l !.~.PALOU., &lf.?OiT aa14 *
i
i
CARLSBAD RANCH: CAKELLATION AREAS
A. Specialty Retail Cancellation Area - 15.95 Acres
B. Research ad Development/Office Canceilation Mea - 20.87 Acres
C. LEG0 Drive Cancellation Area - 1.08 Acres
D. LEGOLAND Cancellation kea - 93.35 Acres
E. Resort Cancellation Area - 47.86 Acres
EXHIBIT “D-l”
That portion of Lot 2 of Carlsbad Tract No. 92-07 as per Map No. 13078 in the City of
Carlsbad, County of San Diego, State of California, filed December 28, 1993, described. as
follows:
. Begmning at the Southwesterly terminus of the course shown as “N 36”53’12” E (R) 436.45”’
along the boundary of said dot; thence along the boundary of said lot, the following courses:
North 36’53’12” East 436.44 feet, North 22”29’26” West 914.65 feet to a point on a non-tangent
curve concave Northwesterly having a radius of 336.00 feet, a radial line to said point bears
South 24’41’41” East and Northeasterly, Northerly and Northwesterly 514.86 feet along said
curve through a central angle of 87”47’41”; thence leaving said boundary, non-tangent from
said curve, South 25’53’00” East 336.14 feet; thence South 22”29’26” East 1600.18 feet; thence
South 4S”OO”34” West 247.40 feet radially to a point on said boundary, said point being on a
non-tangent curve concave Southwesterly having a radius of 643.00 feet; thence along said ,
boundary, the following courses: Northwesterly 402.30 feet along said curve through a central
angle of 35”50’53”, tangent from said curve, North 77’50’19” West 99.93 feet and Northwesterly
240.37 feet along a tangent curve concave Northeasterly having a radius of 557.00 feet through
a central angle of 24”43’3 1” to the Point of Beginning.
This legal description is not to be used for any purpose that would violate the Subdivision Map
Act.
Tom R. McCannon, R.C.E. 23956
Registration Expires: December 3 1, 1997
July 25, 1996
Page 1 of 1
W.O. 1774-2X
I-I&A Lizgal No. 4099
Prepared By: H. Foss
Ck’d By: B. Etemadi/fll
EXHIBIT “D-2”
Those portions of Lots 7 and 8 of Carlsbad Tract No. 92-07 as per Map No. 13078 in the City
of Carlsbad, County of San Diego, State of California, filed December 28, 1993, described as
follows:
Beginning at a point on the Westerly line of said Lot 8, distant North 5’06’54” East 1.81 feet
from the Southerly terminus of the course shown as “N 5’06’44” E 190.00”’ on said map, said
point being on a tangent curve concave Easterly having a radius of 626.00 feet; thence leaving
said Westerly line, Southerly 496.89 feet along said curve through a central angle 45”28’42”;
thence tangent from said curve, South 40”2 1’48” East 387.70 feet; thence South 47’13’35” West
70.97 feet radially to a point on a non-tangent curve concave Southwesterly having a radius of
696.00 feet; thence Northwesterly 298.88 feet along said curve through a central angle of
24’36’15” to the beginning of a tangent compound cume concave Southerly having a radius of
90.00 feet; thence Westerly 119.86 feet along said curve through a central angle of 76’18’27”;
thence tangent from said cuye, South 36O18’53” West 21.92 feet; thence South 36’23’30” West
94.59 feet to a point on a non-tangent curve concave Westerly having a radius of 716.00 feet
and a point on the Westerly boundary of said Lot 7, a radial line to said point bears South
58”08’19” East; thence Northerly 523.09 feet along said curve through a central angle of
41’51’3 1” and said Westerly boundary; thence tangent from said curve, North 9’59’50” West
94.40 feet along said boundary to the beginning of a tangent curve concave Easterly having a
radius of 615.00 feet; thence Northerly 162.2 1 feet along said curve through a central angle of
15”06’44” and said boundary; thence tangent from said curve, North 5”06’54: East 1.81 feet
along said boundary to the Point of Beginning.
July 29, 1996
Page 1 of 2
W.O. 1774-2X
H&A Legal No. 4 100
Prepared By: I-I. Foss
Ck’d By: B. Etemadi/fll
This legal description is not to be used for any purpose that would violate the Subdivisiqn Map
Act.
Tom R. McGannon, R.C.E. 23956
Registration Expires: December 3 1, 1997
July 29, 1996
Page 2 of 2
W.O. 1774-2X
H&A Legal No. 4 100
Prepared By: H. Foss
Ck’d By: B. Etemadi/fh
‘A’ I. -. - 6 -
EXHIBIT -
__ floe It 1996-0107755 c --- MAR-1996 09~52 AM
DFFICIAL RECORDS
RECORDING REQUESTED BY AND ) S(Iti DIEGO CDUHTY RECORDER’S OFFICE
WHEN RECORDED MAIL TO: ! 779 GREGORY SKITH 5 COUNTY RECORDER RF: 14. CO FEES :
City Clerk ;;; iP.00
I. 00 CITY OF CARLSBAD
1200 Carlsbad Village Drive
Carlsbad, CA 92008
1
i
)
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 76-1 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. Carltas 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 corporatiori, 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. 96-2. subiect to the conditions set forth in
34.00
A \
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: $791,609.00 for the LEGOLAND
Cancellation Area: $291,694.00 for the Resort Cancellation Area: $301 J94.00 for the
Research and Development/Cffice Cancellation Area; $347,391 .OO 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 Necessatv 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 LEGOlAND, 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 Carlsbad 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 Cartsbad Ranch
Specific Plan Amendment 207(A).
5.4 Environmental lmoact Reoort and Statement of Overridinq
Considerations and Mitiaation Monitorina Proaram. Pursuant to Sections 15162 and
15168 of the State of California Environmental Quality Act (%EQA”) Guidelines, the City
has reviewed the proposed request for tentative cancellation on portions of land totaling I@
-3-
- . . . : -
approximately 179.11 acres covered by Williamson Act Contract Number 76-1 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 297(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.
%. 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
ncellation area set forth in Section 5, above.
City of Carlsbad
J-twYMY 2Y If947
Date
ATTEST:
ALETHA L. RAM-EN
City of Carlsbad
-5-
/. - - EXHIBIT “A”
r-.-_ -. ‘\,
\
AG3A XtDI3wDA UGOOX
L\ :
\ :L--’
. . \
CARLSBAD RANCH: WILLIAMSON ACT LANDS
I 1 Non-Williamson Act Lands
121.94
Williamson Act Lands Remaining Under Contract
146.35
Williamson Act Lands to be Removed from Contract
179.11
EXHIBIT “B”
ASSESSOR'S PARCEL NUUER AREA (Acres)
211-022-05 107.54 211-022-06 P
211-023-02 211-023-05 211-023-06
t
. , EXHBIT “C” ,
CONDlTlONS REQUIRED FOR FINAL CANCELlATlON OF WILLIAMSON ACT
CONTRACTS ON PORTlONS OF LAND TOTAUNG APPROXMATELY 179.11 ACRES
COVERED BY WlLLlAMSON ACT CONTRACT NUMBER 76-l AND GENERALLY
DESCRIBED AS THE LEGOLAND, RESORT, RESEARCH AND DEVELOPMENT/
OFFICE, AND SPECIALTY RETAJL 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 179.11 acres covered by Williamson Act Contract Number 7&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 ail
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 CANCEUATlON 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 Cii 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 211-a and APN 21 lXl23-06, 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 Cii and
certified to the County Auditor based upon the revised cancellation value certified
to the City Council by the County Assessor. If such fees have not been paid
within one year of the date of recording of the Certificate of Tentative Cancellation,
any such unpaid fee for the Cancellation Area subject to final cancellation shall 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
-lA
r
.
_-
Permits necessary to commence the Project pursuant to Government Code
section 51283.4 are determined by the City to be the following:
4 A Final Map or Grading Permit from the Cii of Car&bad for the
LEGOIAND, the Resort, the Research and Development/Office, the
Specialty Retail, or LEG0 Drive Cancellation Areas; and
B) A Coastal Development Permit from the Cii of Carlsbad or California
Coastal Commission for any. grading in the LEGOCAND,. the Resort, the
Research and Development/Office, the Speciaky 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 Development0ffice, 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. ENVlRONMENTAL IMPACT REPORT AND STATEMENT OF OVERRIDING
CONSIDERATIONS AND MlTlGATlON AND MONITORING REPORT
Pursuant to Sections 15162 and 15168 of the State of California Environmental
Quality Act (CEQA) Guidelines, the City of Carisbad 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 LEGOIAND, Resort, Research and Development/Ofke, 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
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. 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 CancellationArea, 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) afkl adopted Statement of Overriding Considerations and
Mitigation Monitoring Program (Resolution No. 961) for the LEGOIAND, Resort,
Research and Development/Office, Specialty Retail, and LEG0 Drive Cancellation
Areas.
c
4. --.* -..
-Y
AGJA .%-t3.3raA jlccQ*
‘. , L,
‘1 ‘\ --‘.
AlTACl-MENT “E-1”
CARLSBAD RANCH: CANCELLATION AREAS
A. Specialty Retail Cancellation Area - 15.95 Acres
B. Research and Development/Office Canceilation Area - 20.87 Acres
C.
D.
LEG0 Drive Cancellation Area - 1.08 Acres
LEGOLAND Cancellation Area - 93.35 Acres
E. Resort Cancellation kea - 47.86 Acres
EXHIBIT 4 1
6B
CFIRllRs- comww
August -, 1996
City Council
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, CA 92008- 1989
PERSONAL
DELIVERY
Re: Carlsbad Ranch/Specialty Retail and LEG0 Drive Cancellation Areas
Williamson Act Contract Cancellations . . Notice of Sa$ssfaction of Conditions
Pursuant to California Government Code Section 5 1283.4(b), notice is hereby delivered
by the undersigned landowner that all of the conditions required by City Council
Resolution No. 96-2 for final cancellation with respect to the Specialty Retail and LEG0
Drive Cancellation Areas have been satisfied as follows:
1. P AYMENT
Cancellation fees in the amount of $376,618 ($347,391 for the Specialty Retail
Cancellation Area and $29,227 for the LEG0 Drive Cancellation Area) were paid to the
San Diego County Treasurer on August __ , 1996. A copy of the letter from Paul
Boland, County Treasurer-Tax Collector, acknowledging receipt of the cancellation fee is
enclosed.
2. PERMITS NECESSARY TO COMMENCE THE PROJECT
The following permits, which are all those necessary to commence the project, have been
obtained as described below:
(0 August 13, 1996 - Final Map approved by the City of Carlsbad, and
(ii) August -9 1996 - Coastal Development Permit issued by the California
Coastal Commission.
3. DEDICATIONS OF PROPERTY
As required by the conditions of the Carlsbad Ranch Specific Plan and the Master
Tentative Map, the LEG0 Drive Cancellation Area has been dedicated to public
ownership on the Final Map for Unit 1 of CT 94-09. No dedications or offers of
dedication are required under the Carlsbad Ranch Specific Plan or Master Tentative Map
with respect to the Specialty Retail Cancellation Area.
5600 AVENIDA ENCINAS . SUITE 100 A l CARLSBAD, CALIFORNIA 92008 U.S.A. ?/
(619) 431-5600 FAX (619) 431-9020
/
&-g&
4% t&y,& Cd??
J
pm* i
&
* .,’ A+‘< . 2 f. “/Q ‘C‘-- i\’ occc
TREASURER-TAX COLLECTOR
C0UN-R ADMlNlSmATlQN CENTER l 1600 PACIFIC HIGHWAY ROOM I 62
SAN DIEGO, CALlFORNlA 92101-2475 l (619) 531-5690
PAUL BaLANO
~w*nJYER IA2 -c:cu
NORMAN M. UlNST
0-w 0fPw-T rrrUgWR
BART J. HARNAH u1*r oemr* ru -CrCn
AAY RAINER
uJmm6Ta.4~
fE--
August , 1996
Carlsbad Ranch Company
c/o Christopher C. Calkins
5600 Avenida Encinas #lOO
Carlsbad, CA 92008
This certifies that I have received $376,618 from you as the Williamson Act Contract
final cancellation fee for the Specialty Retail and LEG0 Drive portions of Williamson
Act Contract Number 76-l. These funds will be transmitted to the State Controller.
Sincerely,
PAUL BOLAND
Treasurer-Tax Collector
PB:os
cc: Ray Patchett, City Manager, Carlsbad
Dr. Robert Booker, ED.D, Chief Financial Officer
and Auditor/Controller
&ouRtp of WI arg/
LOLA CZAHAAA
MGR.. RECEIPTS 6 0EPOSITS
PAUL BOUNO.
TREASURER-TAX COLLECTOR
~&III ~acthc Hwy.. Rm. 162 1
San ch90. CA 92101
(619) 531.62EO1FA.X 531-6056
COUNTYOFSA._-. _ _
August 20, 1996
J
TO: CITY MANAGER
FROM: Senior Planner
AGENDA BILL FINAL EXHIBITS NUMBER 4 AND 5 FOR AGENDA ITEM NO. 5
Agenda item number 5 for the August 20, 1996 Council Hearing is the approval of the
final Williamson Act Cancellation for Areas “A” (Specialty Retail) and “C” ( LEG0 Drive)
of the Carlsbad Ranch. Attached to the Agenda Bill are draft copies of exhibit 4
(Notice of Satisfaction of Conditions from Landowner) and exhibit 5 (Letter from County
Treasurer-Tax Collector evidencing receipt of the cancellation fee). Transmitted by this
memo are copies of final exhibits 4 and 5 in addition to copies of the Coastal
Development Permit issued by the California Coastal Commission for Unit I of the
Master Tentative Map for Carlsbad Ranch (CT 94-09). Cancellation Areas “A” and “C”
are within the Unit I area of the Master Tentative Map. The attached exhibits document
that the conditions of the Tentative Partial Cancellation have been met.
Should you have any questions concerning these exhibits please contact me at
extension 4446.
JlLk2Lk
DON NEU
Senior Planner
DN:kr
Attachments
c: City Clerk
l . .
COfnPClrw Am 2 0 ws ,irr ‘La ~.~~:I~~~~~,~,~‘;~~~~~,~~~-
August 20,1996 PE&---~ L.. i-.-e, ~
DELIVERY
City Council
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, CA 92008- 1989
Re: Carlsbad Ranch/Specialty Retail and LEG0 Drive Cancellation Areas
Williamson Act Contract Cancellations
N i Q
Pursuant to California Government Code Section 5 1283.4(b), notice is hereby delivered
by the undersigned landowner that all of the conditions required by City Council
Resolution No. 96-2 for final cancellation with respect to the Specialty Retail and LEG0
Drive Cancellation Areas have been satisfied as follows:
1. PAYMENT OF THE CANCELLATION FEE
Cancellation fees in the amount of $376,618 ($347,391 for the Specialty Retail
Cancellation Area and $29,227 for the LEG0 Drive Cancellation Area) were paid to the
San Diego County Treasurer on August 16,1996. A copy of the letter from Paul Boland,
Cbunty Treasurer-Tax Collector, acknowledging receipt of the cancellation fee is
enclosed.
2. PERMITS NECESSARY TO COMMENCE THE PROJECT
The following permits, which are all those necessary to commence the project, have been
obtained as described below:
(9
(ii)
August 13,1996 - Final Map approved by the City of Carlsbad, and
August 20, 1996 - Coastal Development Permit issued by the California
Coastal Commission (copy enclosed).
3. DEDICATIONS OF PROPERTY
As required by the conditions of the Carlsbad Ranch Specific Plan and the Master
Tentative Map, the LEG0 Drive Cancellation Area has been dedicated to public
ownership on the Final Map for Unit 1 of CT 94-09. No dedications or offers of
dedication are required under the Carlsbad Ranch Specific Plan or Master Tentative Map
with respect to the Specialty Retail Cancellation Area.
.
5600 AVENIDA ENCINAS . SUITE 100 l CARLSBAD, CALIFORNIA 92008 U.S.A.
(619) 431-5600 FAX (619) 431-9020
-
City Council
August 20,1996
Page 2
4. * NV N T
OVERRIDING CONSIDE RATIONS AND MITIGATION AND MO ORING NIT
PORT
Landowner has complied with all required mitigation measures identified in the Carlsbad
Ranch Specific Plan Amendment Final Program Environmental Impact Report (EIR 94-
01) for the Specialty Retail and LEG0 Drive Cancellation Areas as follows:
(9 EIR Section 5.1 - Agricultural Resources
Agricultural conversion fees consistent with the Local Coastal Program shall be
paid upon issuance of building permits in accordance with the Coastal Development
Permit.
(ii) EIR Section 5.3 - Archeological and Paleontological Resources
Archeological and paleontological monitors have been engaged in accordance
with contracts delivered to the Planning Department on July 1, 1996, and shall be present
as required, including but not limited to during grading activities.
(iii) EIR Section 5.6 - Hazardous Waste/Pesticide Residue
Leighton and Associates, Inc., a qualified hazardous materials specialist, has been
engaged to monitor during grading for areas of possible contamination and to test surface
samples for pesticides as required.
(iv) EIR Section 5.9 - Public Services (Water Supply/Reclaimed Water)
Reclaimed water and dual plumbing facilities will be constructed in accordance
with Improvement Plans for Unit 1 of C.T. 94-09 as submitted to and subject to the
approval of the City of Carlsbad.
w EIR Section 5.12 - Water Quality
Erosion, sedimentation and urban runoff filtration systems proposed in the
Carlsbad Ranch Specific Plan 207(A) have been complied with pursuant to the Grading
Plans for Unit 1 of CT. 94-09 as submitted to and subject to the approval of the City of
Carlsbad.
City Council
August 20,1996
Page 3
Request is hereby made that the City Council (i) determine that the conditions for final
cancellation have been satisfied for the Specialty Retail and LEG0 Drive Cancellation
Areas and (ii) execute and record a Certificate of Final Cancellation for the Specialty
Retail and LEG0 Drive Cancellation Areas.
CARLSBAD RANCH COMPANY, L.P., a
California limited partnership
By: Carltas Company, a California
limited partnership, General Partner
By: Carltas Management, a
California corporation,
Chri&pher C. Calkins, President
enclosure
cc: Don Neu, Planning Department (w/enclosure)
TREASURER-TAX COLLECTOR
COUNTY ADMINISTRATION CENTER l 1600 PACIFIC HIGHWAY ROOM 162
SAN DIEGO, CALIFORNIA 92101-2475 l (619) 531-5690
PAUL BOIAND TREAaJRER.TAx WuEcrOR
NORMAN H. ERNST QWDEPVrYTRECSURR
BART J. HARTMAN CHEF oEPulYTAxcoumR
PHIL STEED bmmwfR&m SERVCES MANAGER
August 16, 1996
Carlsbad Ranch Company
c/o Christopher C. Calkins
5600 Avenida Encinas #lOO
Carlsbad, CA 92008
This certifies that I have received $376,618 f?om you as the Williamson Act Contract final
cancellation fee for the Specialty Retail and LEG0 Drive portions of Williamson Act Contract
Number 76- 1. These funds will be transmitted to the State Controller. .
Sincerely,
PAUL BOLAND
Treasurer-Tax Collector
PB:os
cc: Ray Patchett, City Manager, Carlsbad
Dr. Robert Booker, ED.D, Chief Financial Officer
And Auditor/Controller
COUNTY OF SAN DIEGO, CALIFORNIA
MISCELLANEOUS RECEIPT R 492082
Fund/Org. No .________________________ Act! .___________________ Task ___________________ Opt .________________ Activity _______________
0 Cvh 6 ______ _ ____________--. Department _____ _ - - - - _ _. _ _ _ - - ---_ - - - - - - --_ _ _--
0 Check No ._____ $!6!-&? __________ .&%,mb!&-% BY ______________ -&?d& _________________________ q Money Order No ___________________ ___________ _ __________ Date. ________________________________ ______________ 199 ________ gL. k--$Q
q Draft No ._______________ _ ____________ _____ ________________. CUSTOMER’S COPY q County Warrant No .________________ ______________________ IUD 200 IRN 4.921
COUNTY OF SAN DIEGO
STATE OF CALIFORNIA-THE RESOURCES AGENCY
CALIFORNIA COASTAL COMMISSION
PETE WILSON, Governor ’ -
SAN DIEGO COAST AREA
3111 CAMINO DE1 RIO NORTH, SUITE 200
SAN DIEGO, CA 92108-1725
(619) 521-8036
Carltas Company
Attn: Monica Browning
5600 Avenida Encinas
Carlsbad, California 92009
NOTICE OF ACCEPTANCE
Date: Auaust 20. 1996
Applicant: Carltas Companv
Document or Document or
Plans: Plans: Aaricultural Deed Restrictions. Public Trail and Walkway Easements, Aaricultural Deed Restrictions. Public Trail and Walkway Easements,
Public Use Deed Rest 'ction. Public Access Trail Improvements. Open Space Deed Public Use Deed Rest 'ction. Public Access Trail Improvements. Open Space Deed
Restriction. Permit &asina restriction. Landscapina/Gradinq/Drainaae/Erosion Restriction. Permit &asina restriction. Landscapina/Gradinq/Drainaae/Erosion
Control Plans Control Plans
Submitted in compliance with Special Condition(s) No(s). 1 - 12
of Coastal Development Permit No. 6-96-9
Material submitted in compliance with said Special Condition(s) of your
development permit has been reviewed by the District Director and found to
fulfil1 the requirements of said condition(s). Your submitted material and a
copy of this letter have been made a part of the permanent file.
Sincerely,
Charles Damm
District Director
(6282N)
,
h
z 1. -
; STATE OF CALIFORNIA-THE RESOURCES AGENCY
CALIFORNIA COASTAL COMMISSION
PETE WILSON, Gonrmr
SAN DIEGO COAST AREA
3111 CAMINO DEL RIO NORTH, SUITE 200
SAN DIEGO. CA 92108-1725
(619) 521-8036
COASTAL DEVELOPMENT PERMIT NO. 6-96-9
PHASE I (Unit 1) Approval
Page 1 of 7
On ADril 11. 1996 , the California Coastal Commission granted to
Carltas Co Da v
this permit for the development describe! bilow, subject to the attached
Standard and Special Conditions.
Description: Subdivision of 447.4 acres into 19 parcels (Master Tentative Map
for Carlsbad Ranch - C.T 94-09 - Units 1.2 and 3) to allow the
development of office, research and development, related light
manufacturing, commercial, hotel/timeshare, destination resort,
golf course, agriculture, a vocational school campus, and
Legoland Carlsbad. Approx. 2,083,900 cu.yds. of grading and
installation of roads and drainage improvements is also
proposed. Also proposed are provisions ensuring that easements
for public access trails shall be dedicated to the City of
Carlsbad and the installation of a rest/vista point which
includes benches an a trash receptacle on the public
pedestrian/golf cart trail located between proposed Lots 5, 17
and 18. The coastal development permit shall be released in
phases corresponding to buildout of each unit.
Lot Area 447.5 acres
Zoning Multiple Commercial Zones
Plan Designation Multiple Designations
Site: East of Paseo de1 Norte, North of Palomar Airport Road, South of
Cannon Road, Carlsbad, San Diego County. 211-022-01-03, 07-013,
211-023-01-06
Issued on behalf of the California Coastal Commission by
PETER DOUGLAS
Executive Director
and
COASTAL DEVELOPMENT PERMIT NW. 6-96-9 PHASE I (Unit 1) Approval Page 2 of 7
IMPORTANT: THIS PERMIT IS NOT VALID UNLESS AND UNTIL A COPY OF THE PERMIT
WITH THE SIGNED ACKNOWLEDGEMENT HAS BEEN RETURNEO TO THE COMMISSION OFFICE.
ACKNOWLEDGEMENT
The undersigned permittee acknowledges
receipt of this permit and agrees to
abide by all terms and conditions thereof. CARLSBAD RANCH COMPANY, L.P., a
California limited partnership
By: Carftas Company, a California
limited partnership, General Partner By: Carltas Management, a
California corporation,
STANDARD CONDITIONS:
1. Notice of Receiot and Acknowledae e t . The permit is not valid and
development shall not commence un!iy a copy of the permit, signed by the
permittee or authorized agent, acknowledging receipt of the permit and acceptance of the terms and conditions, is returned to the Commission
office.
2. Exniration. If development has not commenced, the permit will expire two
years from the date on which the Commission voted on the application.
Development shall be pursued in a diligent manner and completed in a
reasonable period of time. Application for extension of the permit must
be made prior to the expiration date.
3. Compliant? All development must occur in strict compliance with the
proposal as set forth below. Any deviation from the approved plans must be reviewed and approved by the staff and may require Commission approval.
4. Interpretation. Any questions of intent or interpretation of any
condition will be resolved by the Executive Director or the Commission.
5. Insoectionz. The Commission staff shall be allowed to inspect the site
and the development during construction, subject to 24-hour advance notice.
6. Assianment. The permit may be assigned to any qualified person, provided
assignee files with the Commission an affidavit accepting all terms and
conditions of the permit.
7. Terms and Conditions Run with the Land. These terms and conditions shall be perpetual, and it is the intention of the Commission and the permittee
to bind all future owners and possessors of the subject property to the terms and conditions.
COASTAL DEVELOPMENT kJMIT NO. 6-96-9
PHASE I (Unit 1) Approval
Page 3 of 7
SPECIAL CONDITIONS:
The permit is subject to the following conditions:
1. Aari cul tural Conversion. Prior to the issuance of the coastal development permit, the applicant shall record a deed restriction against Lots
2,3,5,6,7,8,9,13,14,17 and 18, as shown on Master Tentative Map C.T 94-09.
The restriction shall be recorded free of prior liens and encumbrances, except
tax liens, and binding on the permittees' successors in interest and any
subsequent purchasers of any portion of the real property. The restriction
shall indicate the following:
The agricultural mitigation fee required in option #3 of Policy 2-l of
the tertified Mello II LCP Land Use Plan is applicable to approximately 202
acres (as shown on Attachment C/Exhibit 8) of the Carlsbad Ranch Specific
Plan, and includes Lots 2,6,7,9,13,14,17 and portions of Lots 8 and 18 of
Master Tentative Map CT 94-09. In the event the proposed golf.course on Lots
3 and 5, as shown on Master Tentative Map CT 94-09, is not exempt from Policy
2-1, or the exemption is voided, then the mitigation fee shall be applicable
to Lots 3 and 5 consisting of approximately 74 acres.
b. Agricultural mitigation fees for any lot shall be paid to the City
upon issuance of a building permit for any improvement constructed on such
lot, except for any fees due for the proposed golf course: Any fee due for
the proposed golf course shall be paid upon issuance of a grading permit for
golf course purposes or, in the event such golf course is initially exempt
from the payment of mitigation fees and the exemptiom is later voided, then
such fees shall be paid at the time the exemption is voided.
Conversion from agricultural use to a public recreation or open space
use kich is owned, leased or controlled by the City of Carlsbad shall be
exempt from Policy 2-l of the Mello II LCP Land Use Plan.
d. If at any time in the future, acreage for a public recreation or open
space use, which was exempt from Policy 2-1, is no longer owned, leased or
controlled by the City of Carlsbad, the exemption from Policy 2-l will be
voided and one of the three conversion options shall be implemented for said
acreage.
The form and content of the deed restriction shall be subject to review and
approval of the Executive Director, prior to the issuance of the coastal
development permit.
2. Aqricultural Deed Rest 'ct.0 Prior to the issuance of the coastal
development permit, the appli$ :hlil record a deed restriction against Lot
1 designated Open Space as shown on C.T 94-09, free of prior liens and
encumbrances, except tax liens, and binding on the permittees' successors in
interest and any subsequent purchasers of any portion of the real property.
The deed restriction shall indicate that Lot 1 is designated for continued
. COASTAL DEVELOPMENT PERMIT NO. 6-96-9
PHASE I (Unit 1) Approval
.. Page 4 of 7
SPECIAL CONDITIONS, continued:
agricultural use under the certified Carlsbad Local Coastal Program Mello II
Land Use Plan and the Carlsbad Ranch Specific Plan, and that conversion to any
use other than a permitted use pursuant to the Carlsbad Ranch Specific Plan
shall require an amendment to the LCP and the Specific Plan, and an amendment
to this coastal development permit. The form and content of the deed
restriction shall be subject to review and approval of the Executive
Director.
3. Recordation of Public Trail and Walkwav Access Easements Prior to
the issuance of the coastal development permit, the applicant shall submit to
the Executive Director for review and written approval, evidence of compliance
with the following, as proposed by the applicant:
a. Revision to the Master Tentative Map for Carlsbad Ranch (C.T. 94-09)
to include notes to the effect that the pedestrian, trail and/or access
easements shown on the Tentative Map, to implement provision of the pedestrian
ways and trails shown on the Dedicated Trail Plan attached as Exhibit 6, shall
be for use by the general public, and that easements for the identified trails
shall be dedicated to the City of Carlsbad on the final subdivision map
(Master TM 94-09 Units 1,2 and 3) which includes the easement area, or an
irrevocable offer to dedicate such trail easements shall be given to the City
on or before the date such final map is recorded in the Office of the County
Recorder.
b. Submittal of evidence of compliance with either the easement
dedications or recordation of the offers to dedicate trail easements, prior to
issuance of the coastal development permit for the Unit of the Master TM 94-09
which contains the trail easements.
4. Public Use of Golf Course/Open Space Prior to the issuance of the
the coastal development permit, the applicant shall record a deed restriction
against Lots 3,5 and 17 as shown on C.T 94-09 revised 10195, free of prior
liens and encumbrances, except tax liens, and binding on the permittees'
successors in interest and any subsequent purchasers of any portion of the
real property. The deed restriction shall indicate that the future golf
course within the Open Space Lots 3 and 5, if managed by the resort or other
private entity, shall be open to the public on a fee basis. This restriction
is intended to clarify that "open to the public on a fee basis" means the golf
course shall be open to the public on a daily fee basis as well as to resort
patrons or club members. At least 50% of the tee times must be reserved for
the general public, as opposed to exclusively for resort patrons or club
members. Details regarding operation of the facility and other restrictions
including, but not limited to, reservation procedures and attendance
monitoring, will be developed through future coastal development permits for
the golf course and the resort to be developed on the adjacent Tourist
Recreation Lot 17. Said restriction shall be recorded in a form and content
acceptable to the Executive Director, prior to issuance of this coastal
development permit.
.
' ' -*'-COASTAL DEVELOPMENT .-RMIT NO. 6-96-9 - _ PHASE I (Unit 1) Approval
Page 5 of 7
SPECIAL CONDITIONS, continued:
5. Future Public Access Trail Imorovements. Implementation of the
Dedicated Trail Plan as shown on attached Attachment A/Exhibit 6, shall occur
concurrent with development of the planning areas which contain the trail
easements, and improvements shall be installed prior to occupancy of the
development within those lots that include the public trail system. In
addition to the trail improvements identified in the Carlsbad Ranch Specific
Plan, the applicant has proposed the installation of a rest/vista point which
includes benches an a trash receptacle on the public pedestrian/golf cart
trail located between proposed Lots 5, 17 and 18. An illustration of the
concept is attached as Exhibit 7. Installation of the proposed pedestrian
trail improvements on the resort/Legoland trail shall occur prior to occupancy
of the Legoland development on Lot 18.
6. Gradina/Erosion Control. Prior to the issuance of the coastal
development permit, the applicant shall submit to the Executive Director for
review and written approval, final site and grading plans approved by the City
of Carl sbad which incorporate the following requirements:
a. All grading activity shall be prohibited between October 1st and April
1st of any year.
b. All areas disturbed by grading shall be planted within 60 days of the
initial disturbance and prior to October 1st with temporary or permanent
(in the case of finished slopes) erosion control methods. The use of
temporary erosion control measures! such as berms, interceptor ditches,
sandbagging, filtered inlets, debris basins and silt traps, shall be
utilized in conjunction with plantings to minimize soil loss from the
graded areas. Said planting shall be accomplished under the supervision
of a licensed landscape architect, shall provide adequate coverage within
90 days, and shall utilize vegetation of species compatible with
surrounding native vegetation or agricultural crops in designated
agricultural areas, subject to Executive Director approval.
C. All permanent runoff and erosion control devices shall be developed
and installed prior to or concurrent with any on-site grading activities.
7. Final Gradinu and Drainaqe Plans. Prior to the issuance of the coastal development permit, the applicant shall submit for the review and
written approval of the Executive Director, final grading plans approved by
the City of Carlsbad for utility, road, and drainage improvements. The plans
shall clearly show the existing and finished contours, the topography of the
areas to be graded or filled, as well as the existing topography of the
agricultural areas to be left in their natural condition. The plan shall
submit a grading schedule which addresses the proposed phasing of grading and insures that agricultural uses will remain in continous production as long as
feasible prior to being graded. To that end, the grading plan shall clearly
indicate a) what agricultural areas will be graded (site prepared) to maintain
. COASTAL DEVELOPMENT PERMIT Nd. 6-96-9
PHASE I (Unit 1) Approved
Page 6 of 7
SPECIAL CONDITIONS, continued:
acceptable grades for continuing agricultural production and b> what existing
agricultural areas will be graded to be permanently converted to accommodate
urban uses. The coastal development permit may be released in phases in
accordance with the approved grading schedule. All conditions applicable to
the parcels and/or development included in the individual phases shall be
complied with prior to the issuance of the permit for those phases.
8. Final Landscaoe Plans. Prior to the issuance of the coastal
development permit, the applicant shall submit a detailed landscape plan for
the interim and, if permanent, long-term slope plantings that indicates the
type, size, extent and location of all plant materials, the proposed
irrigation system and other landscape features. Drought tolerant native or
naturalizing plant materials shall be utilized to the maximum extent
feasible. Special emphasis shall be placed on use of specimen size street
trees consistent with the requirements of the Carlsbad Ranch Specific Plan for
those permanent slope areas to be landscaped upon completion of the grading
associated with this permit, to provide effective screening of the development
from views from major roadways and coastal access routes, i.e. I-5, Palomar
Airport Road and Cannon Road. Also, special emphasis shall be placed on
landscaping the proposed desiltation basin with native species compatible with
the riparian and freshwater marsh vegetation within the existing desiltation
basin/drainage area north of Palomar Airport Road. The plant species list and
landscape plan shall be reviewed by the Executive Director, in consultation
with the State Department of Fish and Game, to guard against introduction of
any species which are inherently noxious to, or incompatible with on-site
native vegetation and surrounding agricultural crops and floriculture. Said
plan shall be submitted to, reviewed and approved in writing by the Executive
Director.
9. Future Develooment. This coastal development permit is for the
subdivision of the 447.5 acre site and site preparation, including rough
grading, construction of roads, utility, and drainage improvements as shown on
TM 94-09. All other development proposals for the site, including but not
limited to the subsequent development of the hotel or any other structures,
shall require review and approval by the Coastal Commission, or its successor
in interest, under a separate coastal development permit(s).
10. LCP Effect' e Cert'f'cation Approval of the coastal development
permit is conditionbi upon :e:tification of Local Coastal Program Amendment
#1-96(C). Accordingly, prior to issuance of the coastal development permit,
the applicant shall obtain a written statement of the Executive Director of
the Coastal Commission confirming that the Coastal Commission has effectively
certified LCPA #l-96(0 in accordance with California Code of Regulations
title 14, section 13544.
_, ,. .-
m . COASTAL DEVELOPMENT t-&MIT NO. 6-96-9
PHASE I (Unit 1) Approved
Page 7 of 7
SPECIAL CONDITIONS, continued:
11. Doe Space Prior to the issuance of the coastal development permit,
the applican: shall're-record a restriction against Lots 16 and 18, free of
all prior liens and encumbrances, except for tax liens, and binding on the
permittee's successors in interest and any subsequent purchasers of any
portion of the real property. This restriction shall replace the existing
recorded documents on these lots as approved in CDP #6-93-34. The restriction
on Lot 16 shall conform to the previous deed restriction and also allow uses
as permitted by the Carlsbad Ranch Specific Plan subject to review and
approval through an amendment to this permit, or separate coastal development
permit. The restriction on Lot 18 shall conform to the previous deed
restriction but be re-recorded against Lot 18 as approved through this coastal
development permit. The recording document shall include legal descriptions
of both the applicant's entire parcel(s) and the restricted area, and shall be
in a form and content acceptable to the Executive Director. Evidence of
recordation of such restriction shall be subject to the review and written
approval of the Executive Director.
12. Release of Coastal Development Permit for each Unit of Tentative MaD
and Phase of Grading. This Coastal Development Permit shall be released in 3
phases for Units 1.2 and 3 of Tentative Map CT 94-09, as revised to conform to
the phased grading schedule approved by the City of Carlsbad and pursuant to
Special Condition #7 of this coastal development permit. The applicant shall
be required to comply with all Special Conditions which address the grading,
dedication of trail easements, deed restrictions, street and drainage
improvements and landscaping within lots being created, prior to the issuance
of the coastal development permit and recordation of the final maps for each
Unit which contains said lots, trail easements, grading and improvements. The
release of the permit for each.Unit shall be subject to the approval of the
Executive Director, prior to commencement of grading in each Unit.
(6009P)
-- -e
,: - r *
muA.- TIMOTHY K. GARPIELD OREDORY CM. GAIUIATI
101 WFST BROADWAY, SUITE 13ot)
SAN DIEGO. CAUFO~ 92101-8214
LYNNELmDEL
MICNAEL w. F-RAIRE OP- AMYROSEN lUlNEL.ClL4N
WILUAM J. SCHWAR~. JR KmrH.msTEu
GARY J. STEF’HENSON
lENNIPEIl’hEBSBwIISON
DONALD R. Worn
(619EE
(al!J;z
EMAIL
SDLAW@SWWIP.COH
Writer’s ext.
August 20, 1996
VIA FACSIMILE NO. 720-9461
Mayor and City Council
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, CA 92008
Re: Approval of Final Williamson Act Cancellation for
Areas A and C of Carlsbad Ranch--Item 5 on Council
Agenda for August 20, 1996
Honorable Mayor and Members
of the City Council:
We represent a client who objects to the Williamson Act cancellation for Areas A
and C of Carlsbad Ranch, to be heard by your Council tonight, August 20, 1996.
We have reviewed Resolution No. 96-2, approving the tentative cancellation of the
Williamson Act contracts, and the documentation supporting that Resolution.
Our client has a continuing objection to the cancellation of these contracts.
However, we believe that .Area A embodies the least unique land use in the Carlsbad
Ranch Plan, and that, consequently, there is no public interest to support the cancellation
of the contract on that area, particularly when it is considered in isolation, as you intend
to do tonight.
We are concerned that the City is “piecemealing” the cancellation which was
approved back in January. The findings justifying the tentative cancellation are full of
references to an “integrated” project, and that the areas scheduled for tentative cancellation
support the entire Carlsbad Ranch Plan. The action before you tonight refers only to Area
A, the specialty retail area, and Area C, which is a tiny segment of Lego Drive. If the
entire tentative cancellation is inter-dependent with the entire Plan, then it makes no sense
A - L4 - I -.- -
STEPHENSON WORLEYGARRATT SCHWARTZHEIDEL&PRAIRIE,LLP
City Council City of Carl&ad August 20, 1996 Page 2
for the City to give final approval to only a portion of the tentatively-approved cancellation
areas.
We believe that the final approval as to Areas A and C are contrary to the letter and
spirit of the Williamson Act and to the findings justifying the tentative cancellation. We
ask that the final approval be denied at this time for Areas A and C, or, at the very least,
that final approval be continued until the conditions of the tentative approval are satisfied
as to all areas. -
DRW:sc
August 22, 1996
Gregory J. Smith San Diego County Recorder Post Office Box 1750 San Diego, CA 92112-4147
Enclosed for recordation is the following described document:
Certificate of Final Partial Cancellation Pursuant to California Land Conservation Act of 1965
Also enclosed are instructions on how the City is to be billed
for the recordation fees incurred.
Thank you for your assistance in this matter.
Assistant City &3&k
Enclosures
1200 Carlsbad Village Drive - Carlsbad, California 92008-l 989 - (619) 434-2808 @