HomeMy WebLinkAbout1997-04-01; City Council; 14114; Carlsbad Ranch Area B and D- , ‘!35 5
CITY OF CARLSBAD - AGENL/A BILL 0
AB# /Y;ll’-f TITLE: DEPT. HD.
MTG. %I * 9 7 FINAL WILLIAMSON ACT CANCELLATION FOR
CANCELLATION AREAS “B” AND “D” OF THE CARLSBAD
DEPT. PLN &
RANCH - AP 76-01 (D)
(@s p*:.2Q’p)
RECOMMENDED ACTION:
That the City Council ADOPT City Council Resolution No. 93 - Y&q APPROVING the Final
Cancellation for Carlsbad Ranch Cancellation Areas “B” and ‘ID” 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”.
The City Council approved the Final Cancellation of areas “A” (Specialty Retail Cancellation Area -
15.95 acres) and “C” (LEG0 Drive Cancellation Area - 1.08 acres) on August 20, 1996. The
remaining three cancellation areas are contained within Units 2 and 3 of the Final Map. Final
Cancellation has been requested for two of the remaining three cancellation areas. The two
cancellation areas for which Final Cancellation is being requested are as follows:
Cancellation Areas
B. Research & Development/Office Cancellation Area
D. LEGOLAND Cancellation Area
- 20.87 Acres
93.35 Acres
The Carltas Company has satisfied all conditions of approval required to obtain a Final Map for Units
2 and 3 of the Master Tentative Map. Pursuant to California Government Code Section 51283.4(b),
the landowner, the Carltas Company notified the City on March 18, 1997 that all conditions of the
Tentative Partial Cancellation have been satisfied. The conditions required for Final Partial Contract
Cancellation include:
Pavment of the Cancellation Fees
Cancellation fees in the amount of $1,092,803.00 ($791,609.00 for the LEGOLAND
Cancellation Area and $301,194.00 for the Research and Development/Office Cancellation
Area) were paid to the San Diego County Treasurer by the landowner on February 28, 1997.
Permits Necessarv to Commence the Proiect
All permits necessary to commence the project have been obtained by the landowner as
follows:
A)
W
March 4, 1997 - Final Map approved by the City of Carlsbad
March 18, 1997 - Coastal Development Permit issued by the California Coastal
Commission
I
iAGE 2 OF AGENDA dlLL NO. 1 qj 1 I q
3. Offer of Dedication of Property
The landowner has dedicated to the City all property within the cancellation areas which are
required to be dedicated to public ownership under the conditions of the Carlsbad Ranch
Specific Plan Amendment and the Master Tentative Map. An Offer of Dedication from the
landowner to the City of Carlsbad was made on the Final Map for Units 2 and 3 of CT 94-09.
4. Environmental Impact Report and Statement of Overriding Considerations and Mitigation
Monitoring 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 for areas “B” and ‘ID”.
EXHIBITS:
1. City Council Resolution No. 9 3- V2y
2. Certificate of Final Partial Cancellation for Areas “B” and “D”
3. Recorded Copy of the Certificate of Tentative Partial Cancellation
4. Notice of Satisfaction of Conditions from Landowner dated, March 18, 1997
5. Letter from County Treasurer-Tax Collector evidencing receipt of the cancellation fee
C
RESOLUTION NO. 9 7 - 4 7 4
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD APPROVING THE FINAL WILLIAMSON ACT
CONTRACT CANCELLATION FOR THE CARLSBAD
RANCH RESEARCH AND DEVELOPMENT/OFFICE (AREA
“B”) AND LEGOLAND (AREA “D”) CANCELLATION
AREAS.
CASE NAME: CARLSBAD RANCH FINAL PARTIAL
CANCELLATION FOR AREAS “B” AND “D”
CASE NO.: AP 76-O 1 (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 Research and Development/Office (Area “B”) and
LEGOLAND (Area “D”) cancellation areas listed in the Certificate of Tentative Partial
Cancellation recorded with the County Recorder as Document Number 1996-O 107755.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of
Carlsbad, that the Certificate of Final Partial Cancellation for the Research and
Development/Offke (Area “B”) and LEGOLAND (Area “D”) Cancellations Areas is hereby
approved.
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 Research and
Development/Office (Area “B”) and LEGOLAND (Area “D”) Cancellation Areas.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Carlsbad on the 1st day of April 1997, by the following vote, to wit:
AYES: Council Members Lewis, Finnila, Nygaard, Kulchin, andHal
NOES: None
ABSENT: None
ATTEST:
ALETHA L. RAUTENKWNZ, City Clerk
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RECORDING REQUESTED BY AND )
WHEN RECORDED MAIL TO:
; City Clerk
CITY OF CARLSBAD ; 1200 Carlsbad Village Drive
Carlsbad, CA 92008 i )
Space above this line for Recorder’s use
Parcel No. 211-022-16 & 21 l-023-15
Cancellation Area - B (Research & Development/Office) &
D (LEGOLAND
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 “B”, Research
and Development/Office Cancellation Area and Area “D”, LEGOLAND Cancellation Area of the
following described contract and certifies:
1. On February 10, 1976, fhe 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 as of January 9, 1996, is described in Exhibit “A”
attached hereto and incorporated herein by this reference (the “Contract Land”).
3. Carlsbad Ranch Company, L.P., a California limited partnership; Carlsbad Estate
Holding, Inc., a California corporation; and Craig Realty Group - Carlsbad, LLC, a California
limited liability company, are 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”).
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4. The Research and Development/Office (Area “B”) and LEGOLAND (Area “D”)
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. A Certificate of Final Partial Cancellation Pursuant to California Land Conservation
Act of 1965 evidencing final cancellation of the Contract with respect to Cancellation Areas “A”
(Specialty Retail Cancellation Area) and “C” (LEG0 Drive Cancellation Area) was recorded with
the San Diego County Recorder as Document Number 1996-0450382 on September 5, 1996.
6. The Conditions, with respect to the Research and Development/Office (Area “B”)
and LEGOLAND (Area “D”) 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:
6.1 Payment of the Cancellation Fee. A cancellation fee in the amount of $1,092,803.00 ,
for the Research and Development/Office and LEGOLAND 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 on February 28, 1997.
6.2 Permits Necessarv to Commence the Project. All permits necessary to commence
the project have been issued. The permits necessary to commence the project pursuant to California
Government Code Section 5 1283.4, 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
March 4, 1997.
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
2
Commission in March, 1997.
6.3 Dedication of Pronertv. The landowner has dedicated to the City all property within
the Research and Development/Office and LEGOLAND 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 dedications from the
landowner to the City of Carlsbad was made on the Final Map for Units 2 and 3 of CT 94-09.
6.4 Environmental Impact Reuort 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).
7. The Conditions of Section 5 of the Certificate of Tentative Partial Cancellation for
the Research and Development/Office (Area “B”) and LEGOLAND (Area “D”) Cancellation Areas
depicted on Exhibit “C” have been satisfied, and this certificate constitutes a Certificate of Final
d Development/Office and LEGOLAND Cancellation Land.
a&-a 4 1997
Date”
ATTEST:
- A#LL&hw
ALETHA L. RAUTENKRANZ, City Clerd
City of Carlsbad
(SEAL)
3
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1. AGJA mtonnA L*GoQX
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EXHiBIT “A”
PACWIC ocuw :
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CARLSBAD RANCH: WILLIAMSON Am LANDS
I I Non- Williin Act hnds
121.94
Williamson Act Lards Remaining Under Contraa
14635
Wilhmson Act hd.s to be Removed from Contract
179.11
RECEIVED
Mkli 1 7 ISS7
ENGlNEERlNG DEPARTMENT
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EXHIBIT “B”
WlLLWSON ACT LANDS TO BE REMOMD.FROM EXISTING PARCELS
L-1 . . . . . . . . . . . ..'.'::::2:
ASSESOR'S PARCEL NUMBER AREA (Acres)
211-022-14 2.60
- 211-022-15 15.95
211-022-16 97.92 211-023-08 48.20 211-023-09 14.36 /
EXHIBIT “C”
rruncocux .
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CXRlLSBXD RANCR: “CANCEUATION ARIAS
A. Specialty R&l Cancebion Area - 15.95 Acres
B. Research and Dcvelopmcnr/Office Canceih.ion Area - 20.87 Acres
C. LEG0 Drive Cancdation hca - 1.08 Acres
D. LEGOLAND CanceUatioa Area - 93.35 Acres
E. Resort Cancellation ~rca - 47.86 Aaes
‘-.
c --- nfw-1996 a9252 AM
RECORDING REQUESTED BY AND
OFFICUIL RECORDS
) %N DIEGO CIJIJHTY RECORDER’S OFFICE
WHEN RECORDED MAIL TO: ) 779 MEGOt?Y SKITH t COUNTY RECORDER
1 RF: 14.00 FEES: iP. 00 34.00
City Clerk
i
;;; 1.00 ClTY OF CARLSBAD
1200 Carlsbad Village Drive
Carlsbad, CA 92008
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-l under the California Land
Conservation Act of 1965, recorded on March 1, 1976, as Document Number 76-059758
in the Cffice 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”).
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 If
of Carlsbad (the “Council”) Resolution NO. 96-2, 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: $791,609.00 for the LEGOLAND
Cancellation Area; $291,694.00 for the Resort Cancellation Area: $301,194.00 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.
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. . .
5.2. Permits Necessarv to Commence the Project. 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 Prooertv. 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 207(A).
5.4 Environmental Impact Reoort and Statement of Overridinq
Considerations and Mitiaation Monitorina Proqram. 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 totaling
/3
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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.
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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.
&rh,AaY *?r/ IV?6
Date
- City of Carlsbad
ATTEST:
ALETHA L. RAUTEN
City of Carlsbad
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--. +. 1. i AGZTA JiLQISNDA UGOOX
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EXHIBIT “A”
CARLSBAD RANCH: WILLIAMSON ACT LANDS
I I Non-Williamson Act Lands
121.94
Williamson Act Lands Remaining Under Contract
146.35
Williamson Act Lands to be Removed fkom Contract
179.11
EXHIBIT “B”
WlLLlMSON ACT UNOS TO BE REMOVED FROY EXKllNG PARCELS
ASSESSOR’S PARCEL NUMBER ARE4 (hues)
211-022-05 107.54 211-022-06 211-023-02 2.68
211-023-05 15.95 8.08 211-023-06 44.86
EmBIT “C” 1 -
CONDITIONS REGUIRED FOR FINAL CANCEUAllON OF WILLIAMSON ACT
CONTRACTS ON PORTIONS OF IAND TOTALING APPROXIMATELY 179.11 ACRES
COVERED BY WILLJAMSON 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 PIAN 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-l’.
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@ffice 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 211-022U5 and APN 211~2%06, pursuant to the
applicant’s reconsideration letter to the County Assessor on November 9, 1995,
and December 15,1995, cancellation fees for the LEGOIAND 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 Cii 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
Permits necessary to commence the Project pursuant to Government Code
section 51263.4 are determined by the Cii to be the following:
A) A Final Map or Grading Permit from the Cii of Cadsbad for the
LEGOIAND, the Resort, the Research and Development/Office, the
Specialty Retail, or LEG0 Drive Cancellation Areas; and
W A Coastal Development Permit from the City of Cadsbad or California
Coastal Commission for any. grading in the EGOlAND, the Resort, the
Research and DevelopmenWffice, the Specialty Retail, or LEG0 Drive
Cancellation Area.
3. DEDlCATlONS 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 Car&bad Ranch.
4. ENVIRONMENTAL IMPACT REPORT AND STATEMENT OF OVERRIDING
CONSIDERATlONS AND MlTlGATlON AND MONITORING REPORT
Pursuant to Sections 15162 and 15166 of the State of California Environmental
Quality Act (CEQA) 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 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 Car&bad 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. 961) 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) ar% 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. .
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ATTACHMENT “E-f”
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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 kea - 1.08 Acres
D. LEGOLAND Cancellation Area - 93.35 Acres
Resort Canceflation Area - 47.86 Acres
CFIRllRS - EXHIBIT 4
compnnv
March 181997
City Council City of Carlsbad
1200 Carlsbad Village Drive Carlsbad, CA 920081989
.: ! DELIVERY . I ,. I ‘,,.
Re: Carlsbad Ranch / Williamson Act Contract Cancellations
Notice of Satisfaction of Conditions
LEGOLAND: and Research and Develonment/Office Cancellation Areas
Pursuant to California Government Code Section 51283.4(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 LEGOLAND; and Research and Development/Office
Cancellation Areas have been satisfied as follows:
1. PAYMENT OF THE CANCELLATION FEE
Cancellation fees in the amount of $1,092,803 ($79 1,609 for the LEGOLAND Cancellation Area;
and $301,194 for the Research and Development/Office Cancellation Area) were paid to the San
Diego County Treasurer on February 28, 1997. A copy of the letter from Paul Boland, County
Treasurer-Tax Collector, aclmowledging 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 March 4, 1997 - Final Map approved by the City of Carlsbad, and
(ii) March 18, 1997 - 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,
portions of Hidden Valley Road within the LEGOLAND Cancellation Area and a portion of
Armada Drive within the Research and Development/Office Cancellation Area are dedicated to
the public on the Final Map for Units 2 & 3 of CT 94-09.
4. ENVIRONMENTAL IMPACT REPORT AND STATEMENT OF OVERRIDING CONSIDERATIONS AND MITIGATION AND MONITORING REPORT
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
LEGOLAND; and Research and Development/Office Cancellation Areas as follows:
l
560QdWWhEW~NCINAS . SUITE 100 l CARLSBAD, CALIFORNIA 92008 U.S.A.
al (819) 431-5600 FAX (619) 431-9020
City Council
March 18, 1997
page 2
0) 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 (Gallegos & Associates) and paleontological (San Diego Natural History
Museum) monitors have been engaged 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 Units 2 and 3 of C.T. 94-09 as submitted to and subject to the approval of
the City of Carlsbad.
(VI EIR Section 5.12 - Water Quality
Erosion, sedimentation and urban runoff tiltration systems proposed in the Carlsbad
Ranch Specific Plan 207(A) have been complied with pursuant to the Grading Plans for Units 2
and 3 of C.T. 94-09 as submitted to and subject to the approval of the City of Carlsbad.
Request is hereby made that the City Council (i) determine that the conditions for final
cancellation have been satisfied for the LEGOLAND; and Research and Development/Office
Cancellation Areas and (ii) execute and record a Certificate of Final Cancellation for the
LEGOLAND; and Research and Development/Office 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,
enclosures
cc: Don Neu, Planning Department (w/enclosures)
cbwmact2.doc3/1 St97
I
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STATE OF CALIFORNIA-THE RESOURCES AGENCY PETE WILSON, Governor
CALIFORNIA COASTAL COMMISSION
SAN DIEGO COAST AREA
31 I I CAMINO DEL RIO NORTH, SUITE 200
SAN DIEGO, CA 92108-1725 (619) 521-8036
COASTAL DEVELOPMENT PERMIT NO. 6-96-9 Page 1 of 7 PHASES II and III
On Aoril 11. 1996 the California Coastal Commission granted to Carltas Comoanv this permit for the development described below, 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
a3
COASTAL DEVELOPMENT PI% ,iT NO. 6-96-6
Page 2 of 7
IMPORTANT: THIS PERMIT IS NOT VALID UNLESS AND UNTIL A COPY OF THE PERMIT WITH THE SIGNED ACKNOWLEDGEMENT HAS BEEN RETURNED TO THE COMMISSION OFFICE.
ACKNOWLEDGEMENT
The undersigned permittee acknowledges receipt of this permit and agrees to abide by all terms and conditions thereof. /I//
3 fs’ 4-y &-- *y ate S'gnature of Permittee
STANDARD CONDITIONS:
1.
2.
3.
4.
5.
6.
7.
Notice of ReceiDt and Acknowledae e t The permit is not valid and development shall not commence un:i: 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.
ExDiration. 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.
Compliance 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.
Interoretation. Any questions of intent or interpretation of any condition will be resolved by the Executive Director or the Commission.
Inspections. The Commission staff shall be allowed to inspect the site and the development during construction, subject to 24-hour advance notice.
Assignment. 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.
Te s a d Conditions Run with the Land, berFerpitual These terms and conditions shall and it is the intention of the Commission and the permittee to bind all tuture owners and possessors of the subject property to the terms and conditions.
COASTAL DEVELOPMENT P&T NO. 6-96-9
Page 3 of 7
-4
SPECIAL CONDITIONS:
The permit is subject to the following conditions:
1. Aaricultural 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. . . Aaricultural Deed Rest ct o Prior to the issuance of the coastal
development permit, the applicaii shtb 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
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
I
. COASTAL DEVELOPMENT PEI,.,T NO. 6-96-9 Page 4 of 7
SPECIAL CONDITIONS, continued:
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 Ease e ts Prior to
the issuance of the coastal development permit, the applican? ihail 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 10/95, 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.
5. Future Public Access Trail Improvements Implementation of the
Dedicated Trail Plan as shown on attached Attachment A/Exhibit 6, shall occur
COASTAL DEVELOPMENT PECiT NO. 6-96-g
Page 5 of 7
SPECIAL CONDITIONS, continued:
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 Carlsbad 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 Gradina and Drainaae 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 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
a7
COASTAL DEVELOPMENT PE-;T NO. 6-96-9 Page 6 of 7
SPECIAL CONDITIONS, continued:
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 Landscape 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 Development. 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 Effective Certificat'o Approval of the coastal development permit is conditioned upon certificition of Local Coastal Program Amendment #l-96(0. 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.
11. ODe SDace 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
I
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. COASTAL DEVELOPMENT PEh.,T NO. 6-96-9 Page 7 of 7
SPECIAL CONDITIONS, continued:
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 DeveloDment Permit for each Unit of Tentative Map 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)
29
TREAS’.-,=2ERmTAX CO~‘“~=f’OR~~~~i?c~ SEIL Pass1
COU?ii ADMI’i’ISTRA-fION CENTElI. 16co PAmC mG’fi.‘.Y ROOM 161 CxHF D~F’J’~TLu.~L~I
SAV DIU;O, c&D%~MA 92101-375. (619) 5316250 l FAX (619) 531-&X6
Lou cm m. LSCPOTIa-
- _.- _..
Febnury 28,1997 .
cd.as campany
da iMr. Christopher C. Calkins
5600 Avcnida En&as, Suite 100 Carlshad, CA 92008
Re: Willismson Act FipJ Contract Cancellation Fee: Carlsbad Ranch (Research
and Development/Of&e CanceIlatioa Area)
This certifies that I have received $301,194.00 from you as the William.son A.ct Contract
Final Cancellation Fee for the Research and Development/Office Cancellation Area of City of C&bad Wiiarmon Act Contract 76-1, as amended.
The fimds will be transmitted to the State ConkoIler.
Sincerely,
/!z23d9A & $z c/&h
PAUL BOUND T-as~rer - Tax Cokctor :
cc.: Mr. Ray Patchett, City Manager, City of Carisbad Dr. Robert Booker, ED.D., Couxq of San Diego Chief Financial Officer and
Auditor/Contr&er
,. .
4 1
.-
PAID _ #5
PAUL 6oW’D Co"@ Tar fwrctar
FEB 2 8 1997
couNTy ADbmSmmON Cm . 1600 PAmc H.IGW.AY ROOM 161
sm Dm, wo~~iL+ 9X01-2475 . (619) 5314230 l FrLY (619) 5316056
CIIEP DC,- ~~,.$1
UXA CzufhpA yuuliu. -Ais
_-. - .-- __ -_- -__ . _ - _ .- --- -
February 28,1997
.
Carltas company
c/a I&. Christopher C. Ca.Wns
5600 Avenida En&as, Suite 200
Carl&ad, CA 92008
FUL: Williamson AC? Find Contract Cancellation Fee: Carlsbad Ranch
(LEGOLAND Cancellation Area)
This certifies that I have received $791,609.00 tizn you as the Williamson Act Contract
Final Cancellation~Fee for the LEGOL.WD Cancellation Area of City of Carlsbad Wiiamson Act Contract 76-1, as amended. As n&cd an your payment check, these fees were paid subject to potential appeal adjustme&
The funds will be tmrsmitted to the State Controller.
PAUL BOLAND
Treasurer - Tax
cc.: Mr. Ray Pat&t& City Manager, City of Carlsbad
Dr. Robert Booker, EDD,, County of San Diego Chief Financial Officer and
Auditor/Controller
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April lo,1997
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
Carlsbad Ranch AP 76- 1 (D)
APN: 21 l-022-16 and 21 l-023-15
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.
I
ALETHA L. RAUTENKRANZ, CMC j
City Clerk
Enclosures
1200 Carlsbad Village Drive * Carlsbad, California 92008-1989 - (760) 434-2808