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Home My WebLink AboutAP 76-01D; Carlsbad Ranch - Lego; Agricultural Preserves (AP)company April 1, 1999 Mr. Marty Orenyak Community Development Director City of Carlsbad 2075 La Palmas Drive Carlsbad, California 92009-1576 RE: Carlsbad Ranch Resort Site Withdrawal of Request for Updated Values Dear Marty: In order to proceed with final Williamson Act Contract cancellation, we requested that the City of Carlsbad obtain updated values for the Resort Site from the County Assessor. On December 17, 1998, you sent a request to the County Assessor for the new figures. Since that time we have determined that we are not in a position to fulfill all of the conditions of final cancellation and, therefore, withdraw our request for updated values. Please note that we have advised Patrick McKinney, the Principal Appraiser at the County Assessor's Office in charge of Williamson Act Contract matters, of our withdrawn request. Very; CCC/mb cc: Mr. Patrick McKinney Mr. Don Neu 1 5600 AVENIDA ENCINAS • SUITE 100 • CARLSBAD, CALIFORNIA 92008-4452 U.S.A. (760)431-5600 (760)431-9020 carltas@worldnet.att.net ^•^ City of Carlsbad Community Development December 17, 1998 Mr. Gregory J. Smith County Assessor San Diego County 1600 Pacific Coast Highway, Room 103 San Diego, CA 92101-2480 SUBJECT: WILLIAMSON ACT CONTRACT FINAL CANCELLATION; REQUEST FOR REDETERMINATION, FAIR MARKET VALUATION, CARLSBAD RANCH (RESORT SITE PARCEL) Dear Mr. Smith: On October 23, 1995, your office provided a letter (copy enclosed as Attachment #1) certifying the current fair market value for the following parcel of land being canceled under Williamson Act Contract Number 76-1. Old APN 21 1-023-06 (portion) 21 1-022-05 (portion) New APN 211-100-08 Acres 53.65 (see map enclosed as Attachment #2) The City Council of the City of Carlsbad granted Tentative Cancellation of the contract with respect to these parcels, and recorded a Certificate of Tentative Partial Cancellation (the "Certificate") in the San Diego County Recorder's Office on March 5, 1996, as Document Number 1996-0107755 (copy enclosed as Attachment #3). The landowner has notified the City that it will soon be prepared to satisfy all of the conditions of cancellation, including payment of the cancellation fee. According to California Government Code Section 51283.4 and Paragraph 5.1 of the recorded Certificate of Tentative Partial Cancellation, the City must recompute the cancellation fee for these parcels. Pursuant to California Government Code Section 51283, the City requests that you provide a new letter with your certified current fair market value, because it has been more than a year since the City computed this fee. 2075 La Palmas Dr. • Carlsbad, CA 92009-1576 • (760) 438-1161 • FAX (760) 438-0894 )NTOACTWILLIAMSON ACT CONTRACT FINAL CANCELLATION DECEMBER 17, 1998 PAGE 2 I appreciate your assistance in this matter. Should you have any questions concerning this request please contact Don Neu at (760) 438-1161, extension 4446. Sincerely, MARTYOREFT Community DevelopmenTDirector MO:DN:mh Attachments c: Mr. Patrick R. McKinney, Principal Appraiser, San Diego County Assessor Mr. Christopher C. Calkins, Carltas Company Attachment COUNTY OP SAN DIEGO OFFICE OF THE ASSESSOR 1600 PACIFIC HIGHWAY, ROOM SAN DIEGO. CA 92101-2480 1619) 236-3771 103 GREGORY J. SMITH COUNTY ASSESSOR October 23, 1995 MartinOrenyak Community Development Ci ty Of Carl sbad 2075 Las Pal mas Drive Carlsbad, CA 92009 Director Dear Mr. Orenyak: Re: Williamson Act Cancellation of Ecke Agricultural Request for Determination of Fair Market Value Preserve; In response to your letter of September 20, 1995, the following information is provided. The Certified Current Fair Market Value for the portions of land being canceled under California Land Conservation Act contract rf76- 1 , is 514,300,000. The allocation of this value by parcel is: Acres 211-022-05 211-022-06 211-023-02 211-023-05 211-023-06 If you have any (619) 498-2270. 107 5 15 8 44 85 38 95 45 86 $ 7 450,000 240,000 2,780,000 1 ,830,000 2/000,000 further questions please call Patrick McK.inney, at Very truly yours, GREGORY J. SMITH County Assessor ROBERT L. TROVATEN Division Chief GJS:RLT:go cc: Carltas Development Company •01/04''00 00:42 !D:Lfll\IIERFQX3800 FflX:Attachment #3 City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad, CA 92008 JOE it 1P96-0107755 05-HftR-19?6 09=52 AH fMi K OFFICIAL RECORDS SftH DIEGO COUHTY RECORDER'S OFFICE GREGORY SfllTK, COUNTY RECORDER KF' 14.00 FEES; 34.00 ftf' I?. 00 flf' 1.00 Space above this line tor Recorder's use Parcel No. 211-022-05. OS. 211-023-02, 05. 06 CERTIFICATE OF TENTATIVE PARTIAL CANCELLATION PURSUANT TO CALIFORNIA LAND CONSERVATION ACT OF 1985 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 corporation, the current owners of a portion of the Contract Land which is depicted in Exhibit "B" attached hereto and incorporated herein by this reference (the "Carlsbad Ranch Cancellation Land"). 4. The Carlsbad Ranch Cancellation Land is the subject of the tentative partial cancellation adopted on January 9 1996, by the City Council of the City of Carlsbad (the "Council") Resolution No. 96-2, subject to the conditions set forth in TOP- F7 1996-107755 Pace' 1 of 01/0,4- '00 00:43 ID:LANIERI:fjfc§00_ FAX: ^ PAGE 780 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. Payment 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, $29,227.00 for LEGO 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 211-022-05 and APN 211-023-06, 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 LEGO 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 recordatlon 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- -/~ir-. r--y or-v > o o ^ s^-r-rcr: o —. n -.:•</> 01/0,4- '00 00:43 ID: LAN I ERfi^pSOO FAX: 4fc PAGE 781 5.2. Permits Necessary 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: i) A Final Map or Grading Permltfrom 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 LEGO 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 LEGO Drive cancellation area. 5.3. Dedication of Property. 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 LEGO 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 Report and Statement of Overriding Considerations and Mitigation Monitoring Program. Pursuant to Sections 15162 and 15168 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- TOP- 01/04-'00 00:44 ID:LflNIERM§800 FflX: A PAGE 782 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 LEGO 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 Environmentai Impact Report (Resolution No, 96-1) and adopted Statement of Overriding Considerations and Mitigation Monitoring Program (Resolution No. 96-1) 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. 96-1) and adopted Statement of Overriding Considerations and Mitigation Monitoring Program (Resolution No. 96-1) for the LEGOLAND, Resort, Research and Development/Office, Specialty Retail and LEGO Drive cancellation areas. -4- TOP- P7 SD 1996-107755 Paae~ 4 of 14 •01x04 "00 00:44 ID:LANIERFQ*380G FflX:PAGE 783 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 LEGO Drive Cancellation Area will be issued and recorded by the City upon satisfaction by the landowner of the i respective conditions for t|>af ^ncellation area set forth in Section 5, above. EWIS, Mayor City of Carlsbad Date ATTEST: ALETHA L. City of Carlsbad (SEAL) -5- Order:TOP: FZ SD 1996-107755 Page: 5 of 14 , ; 01/04 '00 00:45 FflX:PAGE EXHIBIT "A" 784 H.-> v ' /~y^\TT.T, ~T^--~\— •f**i~~. ;:::••. VT-A:- ••;'.•.•.•••.•.••.•.•« 203 CARLSBAD RANCH: WILLIAMSON ACT LANDS '. ''A Non-Williamson Act Lands 121.94 Williamson Act Lands Remaining Under Contract 146.35. Williamson Act Landj to be Removed from Contract 179.1] C7 QQt-1 07755 ' 6 nf •01/04 .''00 00:45 ID:LflNIERFfl«3800 FAX:PAGE 7 ATTACHMENT "E-1" 785 *. •. !• .-,?. I"- r*^~r=ass:^sS*^^'-.2S"° w«:^?-'-'N ,& ^ .... ''„• ^"Tr^^^Wfe-"~^ I 4 CARLSBAD RANCH: CANCELLATION AREAS A. Specialty RetailCancellation Area - 15.95 Acres B. Research and Development/Office Cancellation Area - 20.87 Acres C. LEGO Drive Cancellation Area -1.08 Acres D. LEGOLAND Cancellation Area - 93.35 Acres E. Resort Cancellation Area - 47.86 Acres Clrrlc SD 1996-107755 Paae: 7 of 14 '01/04- '00 00=46 FAX:PAGE 8 EXHIBIT "B" 1600'786 SCALE: 1" - 800' PN 211-023- S WN 211-023-01 APN 211-022-01] PALOMAR AIRPORT ROAD WILLIAMSON ACT LANDS TO BE REMOVED FROM EXISTING PARCELS ASSESSOR'S PARCEL NUMBER AREA (Acres) 211-022-05 211-022-06 211-023-02 211-023-05 211-023-06 107.54 2.68 15.95 8.08 44.86 IO/OT/95 Time: 13; PC fl fKE-F:\JOBS\W10l4\LWDCWM.OWG O friar"F2 SD 1996-107755 Pace: 8 of 14 01x04.''00 00:46 ID:LflNIERF^SOO FftX: A PAGE EXHIBIT "C" 787 CONDITIONS REQUIRED FOR FINAL CANCELLATION OF WILLIAMSON ACT CONTRACTS ON PORTIONS OF LAND TOTALING APPROXIMATELY 179.11 ACRES COVERED BY WILLIAMSON ACT CONTRACT NUMBER 76-1 AND GENERALLY DESCRIBED AS THE LEQOLAND, RESORT, RESEARCH AND DEVELOPMENT/ OFFICE, AND SPECIALTY RETAIL PLANNING AREAS AND LEGO 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 76-1 and generally described as the LEGOLAND, Resort, Research and Development/Office. Specialty Retail, and LEGO Drive Cancellation Areas, as depicted on Attachment 'E-T. 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 LEQOLAND Cancellation, Resort Cancellation, Research and Development/Office Cancellation, Specialty Retail Cancellation, and LEGO 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 211-022-05 and APN 211-023-06, pursuant to the applicant's reconsideration letter to the County Assessor on November 9, 1995, and December 15,1995, cancellation fees for the LEGOLAND Cancellation, Resort Cancellation, and LEGO Drive Cancellation shall be recalculated by the City 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 Order: TOP: FZ SD 1996-107755 Page: 9 of 14 • 01/04'•'00 00 = 47 lu-u-HMitKi-uadauu t-wx: DCCP ^Q 788 Permits necessary to commence the Project pursuant to Government Code section 51283.4 are determined by the City to be the following: A) A Final Map or Grading Permit from the City of Carlsbad for the LEGOLAND, the Resort, the Research and Development/Office, the Specialty Retail, or LEGO Drive Cancellation Areas; and B) A Coastal Development Permit from the City of Carlsbad or California Coastal Commission for any grading in the LEGOLAND, the Resort, the Research and Development/Office, the Specialty Retail, or LEGO Drive Cancellation Area. 3. DEDICATIONS OF PROPERTY The landowner shall, prior to final cancellation of any Cancellation Area, offer to the City or to the appropriate public agency, all property within the LEGOLAND, the Resort, Research and Development/Office, the Specialty Retail, and LEGO Drive Cancellation Areas which are required to be dedicated to public ownership for that Cancellation Area under the conditions of the Specific Plan Amendment and/or Tentative Map for Carlsbad Ranch. 4. ENVIRONMENTAL 'IMPACT REPORT AND STATEMENT OF OVERRIDING CONSIDERATIONS AND MITIGATION AND MONITORING REPORT Pursuant to Sections 15162 and 15168 of the State of California Environmental Quality Act (CEQA) Guidelines, the City of Carlsbad has reviewed the proposed request for tentative cancellation on portions of land totaling approximately 179.11 acres covered by Williamson Act Contract Number 76*1 and generally described as the LEGOLAND, Resort, Research and Developrnenl/Office, Specialty Retail and LEGO Drive Cancellation Areas and has determined that the request is within the scope of the approved Carlsbad Ranch Specific Ran Amendment (Ordinance NS-344), and that the certified Carlsbad Ranch Specific Plan Amendment and Final Environmental Impact Report (Resolution No. 86-1) and adopted Statement of Overriding Considerations and Mitigation and Monitoring Program (Resolution No. 96-1) 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. 96-1) arid adopted Statement of Overriding Considerations and Mitigation Monitoring Program (Resolution No. 86-1) for the LEGOLAND, Resort, Research and Development/Office, Specialty Retail, and LEGO Drive Cancellation Areas. Order: TOP: FT SO 1996-107755 Page: 10 of 14 •01/S4"00 00:48 ID:|_PNIERFfi£3800 FftX:PflGE 11 EXHIBIT "B" 789 0'16001 SCALE: f - BOO' PALOMAR AIRPORT ROAD WLLWSON ACT LANDS TO BE REMOVED FROM EXISTING PARCELS ASSESSOR'S PARCEL NUMBER AREA (Acres) 211 -022-05 211-022-06 211-023-02 211-023-05 211-023-06 107.54 2.68 15.95 8.06 44.86 Order:TOP: FZ SD 1996-107755 Page: •01x04.-'00 00:48 790 EXHIBIT "C" CONDITIONS REQUIRED FOR FINAL CANCELLATION OF WILLIAMSON ACT CONTRACTS ON PORTIONS OF LAND TOTALING APPROXIMATELY 179.11 ACRES COVERED BY WILLIAMSON ACT CONTRACT NUMBER 7*-1 AND GENERALLY DESCRIBED AS THE LEGO LAND, RESORT, RESEARCH AND DEVELOPMENT/ OFFICE, AND SPECIALTY RETAIL PLANNING AREAS AND LEGO DRIVE OF THE CARLSBAD RANCH SPECIFIC PLAN AMENDMENT Pursuant to Section 61283,4 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 76-1 and generally described as the LEQOLAND, Resort, Research and Development/Office, Specialty Retail, and LEGO Drive Cancellation Areas, as depicted on Attachment "E-r. 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. 2. Cancellation fees for the LEGOLAND Cancellation, Resort Cancellation, Research and Development/Office Cancellation, Specialty Retail Cancellation, and LEGO 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 211-022-O5 and APN 211-023-06, pursuant to the applicant's reconsideration letter to the County Assessor on November 9, 1995, and December 15,1995, cancellation fees for the LEQOLAND Cancellation, Resort Cancellation, and LEGO Drive Cancellation shall be recalculated by the City 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 recomputatlon. 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 Order.TOP: FZ SD 1996-107755 Page: 72 of"57 01/04''00 00:49 ID:LflNIERFj PfiGE 13 791 Permits necessary to commence the Project pursuant to Government Code section 51283.4 are determined by the City to be the following: A) A FlnaJ Map or Grading Permit from the City of Carlsbad for the LEGOLAND, the Resort, the Research and Development/Office, the Specialty Retail, or LEGO Drive Cancellation Areas; and B) A Coastal Development Permit from the City of Carlsbad or California Coastal Commission for any grading in the LEGOLAND, the Resort, the Research and Development/Office, the Specialty Retail, or LEGO Drive Cancellation Area. DEDICATIONS OF PROPERTY The landowner shall, prior to final cancellation of any Cancellation Area, offer to the City or to the appropriate public agency, all property within the LEGOLAND, the Resort, Research and Development/Office, the Specialty Retail, and LEGO 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. ENVIRONMENTAL IMPACT REPORT AND STATEMENT OF OVERRIDING CQNSIDERATIONS AND MITIGATION AND MONITORING REPORT Pursuant to Sections 16162 and 15168 of the State of California Environmental Quality Act (CEQA) Guidelines, the City of Carlsbad has reviewed the proposed request for tentative cancellation on portions of land totaling approximately 179.11 acres covered by Williamson Act Contract Number 76-1 and generally described as the LEGOLAND, Resort, Research and Development/Office. Specialty Retail and LEGO 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. 96-1) and adopted Statement of Overriding Considerations and Mitigation and Monitoring Program (Resolution No. 96-1) 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. 96-1) arid adopted Statement of Overriding Considerations and Mitigation Monitoring Program (Resolution No. 96-1) for the LEGOLAND, Resort, Research and Development/Office, Specialty Retail, and LEGO Drive Cancellation Areas. Order:TOP: FZ SD 1996-107755 Page: 00:49 FAX:PfiGE 14 ATTACHMENT "E-1" J 792 HQ^c^o crn:*yq.>^><' ^ 2 i-iuouA.* AiK^oaT aojkO" • UClftC CARLSBAD RANCH: CANCELLATION AREAS A. Specialty Retail Cancellation Area - 15.95 Acres B. Research and Development/Office Cancellation Area - 20.87 Acres C. LEGO Drive Cancellation Area -1.08 Acres D. LEGOLAND Cancellation Area - 93.35 Acres E. Resort Cancellation Area - 47.86 Acres Order.TOP: FZ SD 1996-107755 Page: 14 of 14 CflRlTflS •comppnv _ December 14, 1998 PERSONAL DELIVERY Mr. Don Neu City of Carlsbad 2075 Las Palmas Carlsbad, CA 92009-1576 Re: Carlsbad Ranch / Resort Site / Williamson Act Contract Cancellation Request to County Tax Assessor for Updated Values Dear Don: The purpose of this letter is to provide notice to the City of Carlsbad that we are prepared to satisfy the outstanding conditions for final Williamson Act contract cancellation on the Resort Site within the Carlsbad Ranch. C. Calkins CCC/mrb mrb\letters\neul01.doc 5600 AVENIDA ENCINAS • SUITE 100 • CARLSBAD, CALIFORNIA 92008-4452 U.S.A. (760)431-5600 (760)431-9020 carltas @ worldnet.att. net CflRlTflScompflnv December 10, 1998 PERSONAL DELIVERY Mr. Don Neu City of Carlsbad 2075 Las Palmas Carlsbad, CA 92009-1576 » Re: Carlsbad Ranch / Resort Site / Williamson Act Contract Cancellation Request to County Tax Assessor for Updated Values x. ' Dear Don: In accordance with our telephone conversation, enclosed please find a form of letter to the County Tax Assessor requesting new valuations for the Resort Site. The form of letter is based on the letters used in Encinitas with respect to the Encinitas Ranch. I would appreciate it if you would have the letter prepared on City of Carlsbad letterhead (Word '97 computer disk enclosed for your convenience), then deliver it to the County Tax Assessor's Office after Mr. Orenyak signs it. Please provide me with a copy of the County's reply letter stating the new valuations. Thank you in advance for your cooperation and do not hesitate to call me with any questions or comments. Very truly yours, Monica R. Browning Enclosures cc: Chris Calkins (w/encl.) mrb\letters\neu91.doc 5600 AVENIDA ENCINAS • SUITE 100 • CARLSBAD, CALIFORNIA 92008-4452 U.S.A. (760)431-5600 (760)431-9020 carltas@worldnet.att.net [to be prepared on City of Carlsbad letterhead] December , 1998 Mr. Gregory J. Smith County Assessor San Diego County 1600 Pacific Highway, Room 103 San Diego, CA 92101-2480 RE: Williamson Act Contract Final Cancellation; Request for Redetermination, Fair Market Valuation, Carlsbad Ranch (Resort Site Parcel) Dear Mr. Smith: On October 23, 1995, your office provided us a letter (copy enclosed as Attachment #1) certifying the current fair market value for the following parcel of land being cancelled under Williamson Act Contract Number 76-1. Old APN 2 11-023-06 (portion) 2 11-022-05 (portion) New APN 211-100-08 Acres 53.65 (see map enclosed as Attachment #2) The City Council of the City of Carlsbad granted Tentative Cancellation of the contract with respect to these parcels, and recorded a Certificate of Tentative Partial Cancellation (the "Certificate") in the San Diego county Recorder's Office on March 5, 1996, as Document Number 1996-0107755 (copy enclosed as Attachment #3). The landowner has notified the City that it will soon be prepared to satisfy all of the conditions of cancellation, including payment of the cancellation fee. According to California Government Code Section 51283.4 and Paragraph 5.1 of the recorded Certificate of Tentative Partial Cancellation, the City must recompute the cancellation fee for these parcels. Pursuant to California government Code Section 51283, we request that you provide the City a new letter with your certified current fair market value because it has been more than a year since the City computed this fee. December _, 1998 Mr. Gregory J. Smith Page 2 We appreciate your assistance in this matter. Sincerely, Marty Orenyak Community Development Director Attachments cc: Mr. Patrick R. McKinney, Principal Appraiser, San Diego County Assessor Mr. Christopher C. Calkins, Carltas Company City of Carlsbad Planning Department April 4, 1997 Ms. Elin D. Miller, Director Department of Conservation 801 K Street Sacramento, CA 95814 SUBJECT: FINAL WILLIAMSON ACT CONTRACT CANCELLATION FOR AREAS "B" AND "D" OF THE CARLSBAD RANCH - AP 76-01(D) Dear Ms. Miller: Transmitted for your agency's records is a copy of documents evidencing the final cancellation for areas "B" (Research & Development/Office) and "D" (LEGOLAND) of the Carlsbad Ranch. Enclosed is a draft copy of the certificate. A recorded copy of the Certificate of Final Partial Cancellation has not yet been received from the San Diego County Recorder's Office. Should you have any questions concerning the enclosed documents, please contact me at (619) 438-1 161, extension 4446. Sincerely, DON NEU Senior Planner DN:kr Enclosures c: Chris Calkins, Carltas Company Monica Browning, Carltas Company Kenneth E. Trott, Department of Conservation Lauren Sevrin, Office of Permit Assistance 2O75 Las Palmas Dr. - Carlsbad, CA 92009-1576 - (619) 438-1161 - FAX (619) 438-O894 CRRLTR5compflnv March 18, 1997 |£! ,;.^^'^;:''5' P?) PERSONAL DELIVERYi r j •••.." (6.37 City Council City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008-1989 Re: Carlsbad Ranch / Williamson Act Contract Cancellations Notice of Satisfaction of Conditions LEGOLAND: and Research and Development/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 ($791,609 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, 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: (i) 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: 560Q>rfMENA0l&9ENCINAS . SUITE 100 • CARLSBAD, CALIFORNIA 92008 U.S.A. (619) 431 -5600 FAX (619) 431 -9020 City Council March 18, 1997 page 2 (i) 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. (v) 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 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, GeneraiParmer Ghdstopjte; fe^Calkins, President enclosures cc: Don Neu, Planning Department (w/enclosures) cbwmact2.doc3/18/97 COUNTY OF SAN DIEGO, CALIFORNIA MISCELLANEOUS RECEIPT R 492175 Received From. 1: > ' </'For. (IF BY CHECK. DRAFT OR OTHER OHOEtT. SUBJECT TO THE SAME BEING HONORED AND PAID) 0 .TaskFund/Org. No.sS./.^/.^^.^?.. ___ Acct....(2j7^-t?Opl _________________ Activity. LJ Check No.....43- I—I Money Order No D Draft No I I County Warrant No $-. By. Date 199_ CUSTOMER'S COPY AUD 20O (Rev. 4-92! TREAS03ER-TAX COLVCTOR COUNTY ADJtfENISTRATION CENTER • 1600 PACIFIC HIGHWAY ROOM 162 SAN DIEGO, CALIFORNIA 92101-2475 • (619) 531-3230 • FAX (619) 531-6056 • NHLBOSSI LOLACZAOAOA . IBCSOTI * osxum February 28,1997 Carltas Company c/o Mr. Christopher C. Calkins 5600 Avenida Encinas, Suite 100 Carlsbad, CA 92008 Re: Williamson Act Final Contract Cancellation Fee: Carlsbad Ranch (Research and Development/Office Cancellation Area) This certifies that I have received $301,194.00 from you as the Williamson Act Contract Final Cancellation Fee for the Research and Development/Office Cancellation Area of City of Carlsbad Williamson Act Contract 76-1, as amended. The funds will be transmitted to the State Controller. Sincerely, PAULBOLAND Treasurer - Tax Collector cc.; Mr. Ray Patchett, City Manager, City of Carlsbad Dr. Robert Booker, ED.D., County of San Diego Chief Financial Officer and Auditor/Controller FEB 2 8 1997 TREASORER-TAX COUFCTOR COUNTY ADMINISTRATION CENTER SAN DIEGO, CALIFORNIA 92101-2475 16CO PACIFIC HIGHWAY ROOM 162 (619) 531-43230 • FAX (619) 531-45056 PAUL BOLV.VD ASUHtH-f A* COlLtCTOH NEULBOSSI . isoum A aaiGort February 28, 1997 Carltas Company c/o Mr. Cluistopher C. Calkins 5600 Avenida Encinas, Suite 100 Carlsbad, CA 92008 RE.: Williamson Act Final Contract Cancellation Fee: Carbbad Ranch (LEGOLAJSD CanceDation Area) This certifies that I have received $791.609.00 from you as the Williamson Act Contract Final Cancellation Fee for the LEGOLAND Cancellation Area of City of Carlsbad Williamson Act Contract 76-1, as amended. As noted on your payment check, these fees were paid subject to potential appeal adjustment. The funds will be transmitted to the State Controller. Sincerely, PAUL BOLAMD Treasurer - Tax Collector' cc.: Mr. Ray Patchett, City Manager, City of Carlsbad Dr. Robert Booker, ED.D., County of San Diego Chief Financial Officer and Auditor/Controller PAID. PAUL BOLANO County Ta» Cn»pct #5 FEB 2 8 1997 STATE OF CALIFORNIA—THE RESOURCES AGENCY PETE WILSON, Governor CALIFORNIA COASTAL COMMISSION SAN DIEGO COAST AREA sin CAMINO DEL RIO NORTH, SUITE 200 COASTAL DEVELOPMENT PERMIT NO. 6-96-9 SAN DIEGO, CA 92108-1725 PaQ6 1 Of 1 16191 521'8036 PHASES i On April 11. 1996 , the California Coastal Commission granted to Carltas Company 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 del 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 MCOASTAL DEVELOPMENT PERFfPT 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 termsjmd conditions thereof. bate / ^ S/gnature of Permittee / STANDARD CONDITIONS: 1. Notice of Receipt and Acknowledgement. The permit is not valid and development shall not commence until 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. Expiration. 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. 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. 4. Interpretation. Any questions of intent or interpretation of any condition will be resolved by the Executive Director or the Commission. 5. Inspections. The Commission staff shall be allowed to inspect the site and the development during construction, subject to 24-hour advance notice. i 6. 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. 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 Page 3 of 7 SPECIAL CONDITIONS: The permit is subject to the following conditions: 1. Agricultural 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: a. The agricultural mitigation fee required in option #3 of Policy 2-1 of the certified 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 exemption) is later voided, then such fees shall be paid at the time the exemption is voided. c. Conversion from agricultural use to a public recreation or open space use which is owned, leased or controlled by the City of Carlsbad shall be exempt from Policy 2-1 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 2-1 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. Agricultural Deed Restriction. Prior to the issuance of the coastal development permit, the applicant shall 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 *iwrCOASTAL DEVELOPMENT PERWW 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 Halkway 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 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 PER 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. Grading/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 Grading and Drainage 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 COASTAL DEVELOPMENT PERlW 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. 1-5, 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 Certification. Approval of the coastal development permit is conditioned upon certification of Local Coastal Program Amendment #1-96(C). Accordingly,iprior 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 #1-96(C) in accordance with California Code of Regulations title 14, section 13544. 11. Open Space. Prior to the issuance of the coastal development permit, the applicant 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 COASTAL DEVELOPMENT PER? Page 7 of 7 NO. 6-96-9 SPECIAL CONDITIONS, continued: as permitted by the Carlsbad Ranch Specific Plan approval through an amendment to this permit, or permit. The restriction on Lot 18 shall conform restriction but be re-recorded against Lot 18 as development permit. The recording document shall of both the applicant's entire parcel(s) and the in a form and content acceptable to the Executive recordation of such restriction shall be subject approval of the Executive Director. subject to review and separate coastal development to the previous deed approved through this coastal include legal descriptions restricted area, and shall be Director. Evidence of to the review and written 12. Release of Coastal Development 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) CflRlTAScompany March 17, 1997 PERSONAL DELIVERY Don Neu City of Carlsbad Planning Department 2075 Las Palmas Drive Carlsbad, CA 92009-1576 Re: Carlsbad Ranch / Williamson Act Contract Cancellation LEGOLAND Cancellation Area Research and Development/Office Cancellation Area Don: Enclosed please find a computer disc containing the draft Certificate of Final Partial Cancellation. I am also enclosing the exhibits. These are the best exhibits I could come up with. You may be able to do better with what you have at the City. I believe we will receive our Coastal Development Permit tomorrow. As soon as we have it, I will deliver to you the letter with respect to satisfaction of all the conditions. Don, thank you for your help. Very truly yours, Monica R. Browning enclosures cc: Chris Calkins 5600 AVENIDA ENCINAS • SUITE 100 • CARLSBAD, CALIFORNIA 92008 U.S.A. (619) 431-5600 FAX (619) 431-9020 EXHIBIT "Ar - Se^-X ^" \ '' '' ••/^"' ""^"-7;• '" J• + *SS*Sr*x///////, CARLSBAP RANCH: WILLIAMSON ACT LANDS Non-Williamson Act Lands 121.94 Williamson Act Lands Remaining Under Contract 146.35 Williamson Act Lands to be Removed from Contraci 179.11 RECEIVED 1 7 joe7-I I U.Ui I ENGINEERING DEPARTMENT EXHIBIT "B" 0'1600' 800' SCALE: 1* = 800' PALOMAR AIRPORT ROAD WILLIAMSON ACT LANDS TO BE REMOVED FROM EXISTING PARCELS ASSESSOR'S PARCEL NUMBER AREA (Acres) 211-022-14 211-022-15 211-022-16 211-023-08 211-023-09 2.68 15.95 97.92 48.20 14.36 EXHIBIT "C" fiCtflC OCtiX CARLSBAD RANCH: CANCELLATION AREAS A. Specialty Retail Cancellation Area - 15.95 Acres B. Research and Development/Office Cancellation Area - 20.87 Acres C. LEGO Drive Cancellation Area - LOS Acres D. LEGOLAND Cancellation Area - 93.35 Acres E. Resort Cancellation Area - 47.86 Acres CfiRlTfiScompflnv January 13, 1997 Don Neu City of Carlsbad Planning Department 2075 Las Palmas Drive Carlsbad, CA 92009-1576 PERSONAL DELIVERY Re: Don: Carlsbad Ranch / Williamson Act Contract Cancellation LEGOLAND Cancellation Area Research and Development/Office Cancellation Area The purpose of this letter is to advise the City of Carlsbad that we intend to satisfy all of the conditions for final cancellation for the two cancellation areas referenced above in March, 1997. Landowner shall provide notice to the City, as specified in Section 51283.4 of the California Government Code, when all conditions have been satisfied for the LEGOLAND Cancellation Area and the Research and Development/Office Cancellation Area. Please be further advised that we will not be obtaining final cancellation for the Resort Cancellation Area at this time. The only activities currently scheduled on Lot 17 of CT 94-09 (i.e., the Resort Site) at this time involve the golf cart/pedestrian trail along the southern boundary of Lot 17. The use of this area for golf cart/pedestrian trail purposes is consistent with the Land Conservation Contract covering portions of the Carlsbad Ranch because public recreational uses (including golf course) are specifically permitted pursuant to the Third Amendment to Land Conservation Contract. Do not hesitate to call me if you would !lke to discuss the matter further. Very truly yours, Monica R. Browning for Carlsbad Ranch Company, L.P. c: Christopher C. Calkins - VIA PERSONAL DELIVERY Ellen B. Spellman, Esq. - VIA FACSIMILE TRANSMITTAL Richard Apel - VIA PERSONAL DELIVERY 5600 AVENIDA ENCINAS • SUITE 100 • CARLSBAD, CALIFORNIA 92008 U.S.A. (619) 431 -5600 FAX (619) 431 -9020 • *City of Carlsbad Planning Department August 27, 1996 Ms. Elin D. Miller, Director Department of Conservation 801 K Street Sacramento, CA 95814 SUBJECT: FINAL WILLIAMSON ACT CONTRACT CANCELLATION FOR AREAS "A" AND "C" OF THE CARLSBAD RANCH - AP 76-01(D) Dear Ms. Miller: Transmitted for your agency's records is a copy of documents evidencing the final cancellation for areas "A" and "C" of the Carlsbad Ranch. Enclosed is a draft copy of the certificate. A recorded copy of the Certificate of Final Partial Cancellation has not yet been received from the San Diego County Recorder s Office. Should you have any questions concerning the enclosed documents, please contact me at (619) 438-1161, extension 4446. Sincerely, DON NEU Senior Planner DN:kr Enclosures Chris Calkins, Carltas Company Kenneth E. Trott, Department of Conservation 2O75 Las Palmas Dr. • Carlsbad, CA 92OO9-1576 • (619) 438-1161 • FAX (619) 438-O894 CARITA5 RECEIVED COmPAfW AUO 2 o 1000 f*?T'V a"*i" ?*> £ $*•': fc^y- v. rVM>B ••! r> v,a> si" Wjr-ii'iL.-j* *ii>i'-V* August 20, 1996 psPERS/fiiNAL r^,^t. fctf.™ _ * i I. J* t j v \irti i._^ L—. « & a DELIVERY City Council City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008-1989 Re: Carlsbad Ranch/Specialty Retail and LEGO Drive Cancellation Areas Williamson Act Contract Cancellations Notice of Satisfaction of Conditions 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 Specialty Retail and LEGO 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 LEGO Drive Cancellation Area) were paid to the San Diego County Treasurer on August 16, 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: (i) August 13, 1996 - Final Map approved by the City of Carlsbad, and (ii) 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 LEGO 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. 5600AVENIDAENCINAS • SUITE 100 • CARLSBAD, CALIFORNIA 92008 U.S.A. (619) 431 -5600 FAX (619)431-9020 City Council August 20, 1996 Page 2 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 Specialty Retail and LEGO Drive Cancellation Areas as follows: (i) 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. (v) 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 C.T. 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 LEGO Drive Cancellation Areas and (ii) execute and record a Certificate of Final Cancellation for the Specialty Retail and LEGO 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, General Partner xO/O Chri^o'pher C. Calkins, President enclosure cc: Don Neu, Planning Department (w/enclosure) TREASURER-TAX COLLECTOR COUNTY ADMINISTRATION CENTER • 1600 PACIFIC HIGHWAY ROOM 162 SAN DIEGO, CALIFORNIA 92101-2475 • (619)531-5690 PAUL BOLAND TREASURER-TAX COLLECTOR NORMAN H. ERNST CHIEF DEPUTY TREASURER BART J. HARTMAN CHIEF DEPUTY TAX COLLECTOR PHIL STEED ADMINISTRATIVE SERVICES MANAGER August 16, 1996 Carlsbad Ranch Company c/o Christopher C. Calkins 5600 Avenida Encinas #100 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 LEGO 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 Received From. For. (IF BY CHECK. DRAFT OR OTHER OR~0£R. SUBJECT TO THE SAME BEING HONORED AND PAID! -.^ Fund/Org. No.Acct. ................... Task ................... Dot ................. Activity. L, 1 Oa*h f [ 1 r.hpf-k MO *J-0 T~r° ~3'7b> f bltf. 1 | Money Drrler Nn LJ Draft No. L.I r."i|n(y Warrpnt Mn Department By. Date AUO 200 IRffv 4-921 \JJU-f-nJ ^/^^JL^ ^y 1 / ^? /j£ **• / to * / r^ CUSTOMER'S COPY 199 COUNTY OF SAN DIEGO STATE OF CALIFORNIA—THE RESOURCES AGENCY PETE WILSON, Governor CALIFORNIA COASTAL COMMISSION SAN DIEGO COAST AREA 3111 CAMINO DEL RIO NORTH, SUITE 200 SAN DIEGO, CA 97108-1775 (619) 521-8036 Carltas Company Attn: Monica Browning 5600 Avenida Encinas Carlsbad, California 92009 2 0 1995 NOTICE OF ACCEPTANCE Date:August 20. 1996 Applicant: Carltas Company Document or Plans: Agricultural Deed Restrictions. Public Trail and Nalkwav Easements. Public Use Deed Restriction. Public Access Trail Improvements. Open Space Deed Restriction. Permit Phasing restriction. Landscapinq/Gradino/Drainage/Eros ion Control Plans Submitted in compliance with Special Condition(s) No(s) of Coastal Development Permit No. 6-96-9 Material submitted in compliance with said Special Condition(s) of your development permit has been reviewed fay the District Director and found to fulfill 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 By:. (6282N) STATE Of CALIFORNIA—THE RESOURCES AGENCY PETE WILSON, Governor CALIFORNIA COASTAL COMMISSION SAN DIEGO COAST AREA 3111 CAMINO DEL RIO NORTH, SUITE 200 SAN DIEGO, CA 92108-1725 (619) 521-8036 COASTAL DEVELOPMENT PERMIT NO. PHASE I (Unit 1) Approval Page 1 of 7 6-96-9 On April II. 1996 _, the California Coastal Commission granted to Carltas Company this permit for the development described below, subject to the attached Standard and Special Conditions. Description: Site: 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 Zoning Plan Designation 447.5 acres Multiple Commercial Zones Multiple Designations East of Paseo del 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 PERMJ^NO. 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 RETURNED 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 Carttas Company, a California limited partnership, General Partner By: Carttas Management, a California corporation, General STANDARD CONDITIONS: • By:feffrf <^7"T *. Cpfistopher C. Caikins, President 1. Notice of. Receipt and Acknowledgement. The permit is not valid and development shall not commence until 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. Expiration. 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. 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. 4. Interpretation. Any questions of intent or interpretation of any condition will be resolved by the Executive Director or the Commission. 5. Inspections. The Commission staff shall be allowed to inspect the site and the development during construction, subject to 24-hour advance notice. 6. 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. 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 PERW NO. 6-96-9 PHASE I (Unit 1) Approval Page 3 of 7 SPECIAL CONDITIONS: The permit is subject to the following conditions: 1. Agricultural 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: a. The agricultural mitigation fee required in option #3 of Policy 2-1 of the certified 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. c. Conversion from agricultural use to a public recreation or open space use which is owned, leased or controlled by the City of Carlsbad shall be exempt from Policy 2-1 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 2-1 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. Agricultural Deed Restriction. Prior to the issuance of the coastal development permit, the applicant shall 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 PERm 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 Nalkwav 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 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. COASTAL DEVELOPMENT PE^T NO. 6-96-9 PHASE I (Unit 1) Approvan Page 5 of 7 SPECIAL CONDITIONS, continued: 5. Future Public Access Trail Improvements. 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. Grading/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 Grading and Drainage 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 PERMIlWO. 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 j accordance with the approved grading schedule. All conditions applicable to ' the parcels and/or development included in the individual phases shall be j complied with prior to the issuance of the permit for those phases. I 8. Final Landscape Plans. Prior to the issuance of the coastal j development permit, the applicant shall submit a detailed landscape plan for I 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. 1-5, 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 Certification. Approval of the coastal development permit is conditioned upon certification 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 #1-96(C) in accordance with California Code of Regulations title 14, section 13544. COASTAL DEVELOPMENT PERMlWlO. 6-96-9 PHASE I (Unit 1) Approved Page 7 of 7 SPECIAL CONDITIONS, continued: 11. Open Space. Prior to the issuance of the coastal development permit, the applicant 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 an.d 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 parceHs) 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 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) CflRlTRJcompany July 30, 1996 PERSONAL DELIVERY RECEIVED Don Neu City of Carlsbad JUL 3 0 1996 Planning Department 2075 Las Palmas Drive Carlsbad, CA 92009-1576 Re: Carlsbad Ranch / Williamson Act Contract Cancellation Specialty Retail and LEGO Drive Cancellation Areas Dear Don: Enclosed please find the following items: 1. Form of letter to be delivered upon satisfaction of conditions, 2. Legal description of areas being canceled (to be attached to Certificate of Final Cancellation), and 3. Updated map showing cancellation areas and new assessor's parcels. I understand that you will forward these items, along with the agenda bill and related materials, for review and approval as needed prior to the August 20, 1996, City Council hearing . Aside from the original letter concerning satisfaction of conditions, please let me know if you require anything further from Carltas. Very truly yours, i. Monica R. Browning cc: Chris Calkins (w/enclosure) 5600 AVENIDA ENCINAS • SUITE 100 • CARLSBAD, CALIFORNIA 92008 U.S.A. (619) 431-5600 FAX (619) 431-9020 CflRlTflScompany March 26, 1996 City of Carlsbad 2075 Las Palmas Drive Carlsbad, CA 92009 Attn.: Marty Orenyak, Director Community Development Department RE: Request for Amendment to Williamson Act Documents Approved in City of Carlsbad City Council Resolution 96-2: Certificate of Tentative Partial Cancellation; and, Conditions Required for Final Cancellation Dear Mr. Orenyak: Carlsbad Ranch Company and CB Ranch Enterprises (collectively "CRC") hereby petition the City Council for Amendment to two documents approved in City of Carlsbad City Council Resolution 96-2: (1) Amendment to Certificate of Tentative Partial Cancellation; and, (2) Amendment to Conditions Required for Final Cancellation. City of Carlsbad City Council Resolution 96-2 provided Tentative Partial Cancellation of Williamson Act Land Conservation Contract 76-1, as amended by a First Amendment, Second Amendment, Third Amendment, and Fourth Amendment, on portions of Carlsbad Ranch designated as Cancellation Areas (see Attachment A, depiction of Cancellation Areas in the approved Resolution). Pursuant to Paragraph 6 of the Certificate of Tentative Cancellation, the City will issue and record a Certificate of Final Partial Cancellation for each Cancellation Area when the specified Conditions are satisfied for that respective Cancellation Area and we provide evidence of such completion to the City. CRC requests that Cancellation Area B, the Research and Development/Office Cancellation Area, be amended to remove Lots 6 and 7 of Master Tentative Map for Carlsbad Ranch C.T. 94-09, and that Cancellation Area A, Specialty Retail Cancellation Area, be amended to include Lots 6 and 7 (see Attachment B, depiction of revised Cancellation Areas). Inclusion of these lots within the Specialty Retail Cancellation Area rather than in the Research and Development/Office Cancellation Area will facilitate: (a) the City's examination of interrelated grading plans in their consideration of granting a Grading Permit; and, (b) the coordination of site work which will involve the export of dirt from the current Cancellation Area A to Lots 6 and 7. This requested action is a boundary adjustment between two Cancellation Areas, not a change in the amount of land requested for cancellation or in the conditions which must 5600AVENIDAENCINAS • SUITE 100 • CARLSBAD, CALIFORNIA 92008 U.S.A. (619) 431-5600 FAX (619) 431-9020 Page 2 Mr. Marty Orenyak March 26, 1996 be met before Final Partial Cancellation of the Contract is obtained for the relevant land. There are also no changes in the permitting authorities and activities identified in the original cancellation petition. The amendment will require a conforming reallocation of existing cancellation fee allocations to Cancellation Areas A and B. The statutory basis for this request is Paragraph (a) of California Government Code Section 51283.4, which provides a mechanism for amendment of a tentatively approved specified alternative use. Our counsel advises us that this provision provides the authority for a boundary adjustment between cancellation areas following a public hearing on amendment of the relevant cancellation documents, and that the amendment should follow the procedures generally applicable to the original cancellation (except that the required finding would be that specified in Paragraph (a) of California Government Code Section 51283.4, rather than in California Government Code Section 51282). We would like to proceed immediately on this request, and will assist the City staff in any way possible. Please let me know if you have any questions. Very truly yours, CARLSBAD RANCH COMPANY L.P., a CB RANCH ENTERPRISES, a California corporation California limited partnership By: Carltas Company, a California limited partnership, its General Partner Chclstefoher C. Calkins / 4*.Vice/President By: Carltas Management, a j/ California corporation, its General Partner Attachments cc. Ron Ball, City Attorney Don Neu, Senior Planner Sherri Howard, Associate Engineer Attachment A ^c" »S*3 :r~»?-.->.x,» » •- " \ " ~ .\ C.AJILSBAD RANCH: CAiNCELLATION AREAS A. Specialty Retail Cancellation Area - 15.95 Acres B. Research and Development/Office Cancellation Area - 20.87 Acres C. LEGO Drive Cancellation Area -1.08 Acres D. LEGOLAND Cancellation Area - 93.35 Acres E. Resort Cancellation Area - 47.86 Acres Attachment B CARLSBAD RANCH: CANCELLATION AREAS A. Specialty Retail Cancellation Area - 27.51 Acres B. Research and Development/Office Cancellation Area - 9.31 Acres C. LEGO Drive Cancellation Area -1.08 Acres D. LEGOLAND Cancellation Area - 93.35 Acres E. Resort Cancellation Area - 47.86 Acres City of Carlsbad Planning Department March?, 1996 Ellen B. Spellman Brobeck, Phleger & Harrison 550 West C Street Suite 1300 San Diego, CA 92101-3532 SUBJECT: PARTIAL CANCELLATION OF LAND CONSERVATION CONTRACT 76-1 -AP 76-01(0) Dear Ellen: In your letter dated February 27, 1996 you requested clarification as to whether the tentative partial cancellation approved by the City Council allowed for five separate Cancellation Areas as depicted on Attachment "E-1" to the Certificate of Tentative Partial Cancellation. The Tentative Partial Cancellation did establish five separate cancellation areas and lists the conditions which must be satisfied to cancel each area. In order to cancel the contract for the LEGOLAND Cancellation Area it will be necessary to pay the required cancellation fee and satisfy the cancellation conditions. Functionally the LEGOLAND Cancellation Area (Area D) is related to the LEGO Drive Cancellation Area (Area C) in order to provide the required access to the LEGOLAND Planning Area. If you have any questions, please contact me at 438-1161, extension 4446. Sincerely, DON NEU Senior Planner c: City Attorney DN:kr 2075 Las Palmas Dr. - Carlsbad, CA 92009-1576 • (619) 438-1161 • FAX (619) 438-0894 TELEPHONE: (619) 234-1966 FACSIMILE: (619) 234-3848 (12ra FLOOR) (619) 236-1403 (13TH FLOOR) WRITER'S DIRECT DIAL: (619) 699-0258 Mr. Don Neu City of Carlsbad Planning Department 2075 Las Palmas Drive Carlsbad, CA 92009-1576 BROBECK PHLEGER& HARRISON LLP ATTORNEYS AT LAW February 27, 1996 550 WEST C STREET SUITE 1300 SAN DIEGO CALIFORNIA 92101-3532 Re: Partial Cancellation of Land Conservation Contract 76-1 Dear Don: . . On January. 9, 1996, the City approved the tentative partial cancellation of Land Conservation Contract 76-1 recorded on March 1, 1976 as Document No. 76-05758 ("Contrast"). The City's._, action is evidenced by a Certificate of Tentative Partial Cancellation pursuant to California Land Conservation Act of 1965 ("Certificate"). The land subject to the Contract and the tentative partial cancellation includes property proposed to be developed as LEGOLAND Carlsbad. The tentative partial cancellation applies to five (5) separate "Cancellation Areas," depicted on Attachment "E-l" to the Certificate and identified as the LEGOLAND Cancellation Area, the LEGO Drive Cancellation Area, the Specialty Retail Cancellation Area, the Resort Cancellation Area, and the Research and Development/Office Cancellation Area. A separate cancellation fee is identified in the Certificate for each Cancellation Area. It is our understanding that the City has approved cancellation of the Contract in phases, with each Cancellation Area qualifying as a separate phase. In order to finalize cancellation for any Cancellation Area, the conditions to cancellation, including payment of the cancellation fee, must be satisfied for that Cancellation Area. In other words, in order to cancel the contract for the LEGOLAND Cancellation Area, it would be necessary to satisfy the conditions for that Area and pay the fee in the amount of $791,609.00 (subject to adjustment as described in the Certificate), but it would not be necessary to satisfy the BPHSD\EBS\0153152. WP SAN FRANCISCO PALO ALTO Los ANGELES ORANGE COUNTY SAN DIEGO NEW YORK * BROBECK HALE AND DORR INTERNATIONAL OFFICE AUSTIN DENVER LONDON* Mr. Don Neu February 27, 1996 Page 2 conditions or pay the cancellation fee for any other Cancellation Area unless and until cancellation is proposed for such other area. To avoid any confusion on this point in the future, we ask that you execute a copy of this letter in the space provided below acknowledging the City's approval of our understanding of the partial cancellation procedure, as set forth above. If you have any questions, please GO not hesitate to contact me. Very truly yours, :j Ellen B. Spellman cc: John Jakobsen Monica Browning, Esq. Poul Hartvig Nielsen, Esq. Ron Ball, Esq. ACKNOWLEDGED, APPROVED AND AGREED: We acknowledge and approve your understanding of the partial cancellation procedure, as set forth above. Date: CITY OF CARLSBAD By:_ Title: BPHSD\EBS\0153152.WP CfilUTflJcompany January 30, 1996 Todd J. Anson Brobeck, Phleger & Harrison 550 West C Street San Diego, CA92101 Re: Carlsbad Ranch Fourth Amendment to Land Conservation Contract Dear Todd: Enclosed for your signature, which must be notarized, please find the Fourth Amendment to Land Conservation Contract that was approved by the City Council on January 9, 1996, as part of the approvals in connection with the Carlsbad Ranch Specific Plan Amendment 201 (A). The form of Amendment was forwarded to Joan Stafslien for review prior to the City Council hearing. Please return the original to Don Neu at the City Planning Department, 2075 Las Palmas, Carlsbad, California 92008. Do not hesitate to call me if I can be of any further assistance with this matter. Very truly yours, /*?i ^t^Vv^u-^r ^~~l~^Monica R. Browning k __ ) enclosure cc: Christopher C. Calkins (w/enclosure) Joan B. Stafslien, Esq. (w/enclosure) John Jakobsen (w/enclosure) Don Neu (w/enclosure)X^X1 5600AVENIDAENCINAS • SUITE 100 • CARLSBAD, CALIFORNIA 92008 U.S.A. (619) 431 -5600 FAX (619) 431 -9020 ITY OF CARLSBAD - AGENBft BILLiSl AB# DEPT. TITLE: FINAL WILLIAMSON ACT CONTRACT CANCELLATION FOR CANCELLATION AREAS "A" AND "C" OF T! CARLSBAD RANCH - AP 76-01 (D) Q IccI g o 0zDOo to sign California Land RECOMMENDED ACTION: That the City Council ADOPT City Council Resolution N the Final Cancellation for Carlsbad Ranch Cancellation Are the finding that all conditions of the Certificate of Tenta (Document No. 1996-0107755) have been satisfied, and authoriz the Certificate of Final Partial Cancellation Pursuant to the 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 - 1 5.95 Acres C. LEGO 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 ($347,391.00 for the Specialty Retail Cancellation Area and $29,227.00 for the LEGO Drive Cancellation Area) were paid to the San Diego County Treasurer by the landowner in August 1996. 2. Permits Necessary to Commence the Project All permits necessary to commence the project have been obtained by the landowner as follows: PAGE 2 OF AGEND^ILL NO. 13, 98 / A) August 13, 1996 - Final Map approved by the City of Carlsbad B) August 1996 - Coastal Development Permit issued by the California Coastal Commission. 3. Offer of Dedication of Property 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 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 of Areas "A" and "C". EXHIBITS: 1. City Council Resolution No. %; 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 LEGO DRIVE (AREA "C") CANCELLATION AREAS. CASE NAME: CARLSBAD RANCH FINAL PARTIAL CANCELLATION FOR AREAS "A" AND "C" CASE NO.: AP 76-0UP) 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 LEGO Drive (Area "C") cancellation areas listed in the Certificate of Tentative Partial Cancellation recorded with the County Recorder as Document Number 1996-0107755. 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 LEGO 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 LEGO Drive (Area "C") Cancellation Areas. 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 ABSTAIN: ATTEST: ALETHA L. RAUTENKRANZ, City Clefk -2- August 20, 1996 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" ( LEGO 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. DON NEU Senior Planner DN:kr Attachments c: City Clerk CflRlTflScompany August 20, 1996 PERSONAL DELIVERY City Council City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008-1989 Re: Carlsbad Ranch/Specialty Retail and LEGO Drive Cancellation Areas Williamson Act Contract Cancellations Notice of Satisfaction of Conditions 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 Specialty Retail and LEGO 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 LEGO Drive Cancellation Area) were paid to the San Diego County Treasurer on August 16, 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: (i) August 13, 1996 - Final Map approved by the City of Carlsbad, and (ii) 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 LEGO 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. 5600AVENIDAENCINAS • SUITE 100 • CARLSBAD, CALIFORNIA 92008 U.S.A. (619) 431-5600 FAX (619) 431-9020 City Council August 20, 1996 Page 2 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 Specialty Retail and LEGO Drive Cancellation Areas as follows: (i) 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. (v) 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 C.T. 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 LEGO Drive Cancellation Areas and (ii) execute and record a Certificate of Final Cancellation for the Specialty Retail and LEGO 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, General Partner/*) >O ^ )pher C. Calkins, President enclosure cc: Don Neu, Planning Department (w/enclosure) u TREASURER-TAX COLLECTOR COUNTY ADMINISTRATION CENTER • 1600 PACIFIC HIGHWAY ROOM 162 SAN DIEGO, CALIFORNIA 92101-2475 • (619)531-5690 PAUL BOLAND TREASURER-TAX COLLECTOR NORMAN H. ERNST CHIEF DEPUTY TREASURER BART J. HARTMAN CHIEF DEPUTY TAX COLLECTOR PHIL STEED ADMINISTRATIVE SERVICES MANAGER August 16, 1996 Carlsbad Ranch Company c/o Christopher C. Calkins 5600 Avenida Encinas #100 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 LEGO 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 Received From... For. COUNTY OF SAN DIEGO, CALIFORNIA MISCELLANEOUS RECEIPT R 492082 ... (IF BY CHECK, DRAFT OR OTHER OH M r.a*h $ | 1 rnor|< Mn (T-0 T"l° \3 /betels- 1 , 1 Mrtn""y Orrlpr Mn 1 1 nrqft Mn 1 1 r.ni.nlv Warrant Mn -f / Department \^J-^t--f—st^ By ff('^J^tfL^ • Date o *" ' *> " / j& CUSTOMER'S COPY 199 COUNTY OF SAN DIEGO STATE OF CALIFORNIA—THE RESOURCES AGENCY PETE WILSON, Governor CALIFORNIA COASTAL COMMISSION SAN DIEGO COAST AREA 3111 CAMINO DEL RIO NORTH, SUITE 200 SAN DIEGO, CA 92108-1725 (619) 521-8036 AU6 2 0 B95 Carltas Company Attn: Monica Browning 5600 Avenida Encinas Carlsbad, California 92009 NOTICE OF ACCEPTANCE Date:August 20. 1996 Applicant: Carltas Company Document or Plans: Agricultural Deed Restrictions. Public Trail and Halkway Easements. Public Use Deed Restriction. Public Access Trail Improvements. Open Space Deed Restriction. Permit Phasing restriction. Landscaping/Grading/Drainage/Erosion Control Plans Submitted in compliance with Special Condition(s) No(s). 1 - of Coastal Development Permit No. 6-96-9 12 Material submitted in compliance with said Special Condition(s) of your development permit has been reviewed by the District Director and found to fulfill 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 By:. (6282N) STATE OF CALIFORNIA—THE RESOURCES AGENCY PETE WILSON, Governor CALIFORNIA COASTAL COMMISSION SAN DIEGO COAST AREA 3111 CAMINO DEL RIO NORTH, SUITE 200 SAN DIEGO, CA 92108-1725 (619) 521-8036 COASTAL DEVELOPMENT PERMIT NO. PHASE I (Unit 1) Approval Page 1 of 7 6-96-9 On April 11. 1996 the California Coastal Commission granted to Carltas Company this permit for the development described below, subject to the attached Standard and Special Conditions. Description: Site: 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 Zoning Plan Designation 447.5 acres Multiple Commercial Zones Multiple Designations East of Paseo del 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 PERM* PHASE I ..(Unit 1) Approval Page 2 of 7 'NO. 6-96-9 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. CARLSBAD RANCH COMPANY, L.P., a California limited partnership Caritas Company, a California limited partnership, General Partner By: Caritas Management, a California corporation, General P= STANDARD CONDITIONS:Christopher C. Calkins, President 1. Notice of Receipt and Acknowledgement. The permit is not valid and development shall not commence until 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. Expiration. 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. 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. 4. Interpretation. Any questions of intent or interpretation of any condition will be resolved by the Executive Director or the Commission. 5. Inspections. The Commission staff shall be allowed to inspect the site and the development during construction, subject to 24-hour advance notice. 6. 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. 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 PERfW NO. 6-96-9 PHASE I (Unit 1) Approval Page 3 of 7 SPECIAL CONDITIONS: The permit is subject to the following conditions: 1. Agricultural 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: a. The agricultural mitigation fee required in option #3 of Policy 2-1 of the certified 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. c. Conversion from agricultural use to a public recreation or open space use which is owned, leased or controlled by the City of Carlsbad shall be exempt from Policy 2-1 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 2-1 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. Agricultural Deed Restriction. Prior to the issuance of the coastal development permit, the applicant shall 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 PERw 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 Walkway 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 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. COASTAL DEVELOPMENT PEWf NO. 6-96-9 PHASE I (Unit 1) Approval Page 5 of SPECIAL CONDITIONS, continued: 5. Future Public Access Trail Improvements. 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. Grading/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 Grading and Drainage 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 PER™ NO. 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 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. 1-5, 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 Certification. Approval of the coastal development permit is conditioned upon certification 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 #1-96(C) in accordance with California Code of Regulations title 14, section 13544. COASTAL DEVELOPMENT PERm NO. 6-96-9 PHASE I (Unit 1) Approved Page 7 of 7 SPECIAL CONDITIONS, continued: 11. Open Space. Prior to the issuance of the coastal development permit, the applicant 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 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) City of Carlsbad Planning Department January 22, 1996 Ms. Elin D. Miller, Director Department of Conservation 801 K Street Sacramento, CA 95814 SUBJECT: NOTICE OF DECISION FOR WILLIAMSON ACT CONTRACT TENTATIVE CANCELLATION FOR THE CARLSBAD RANCH/LEGOLAND SPECIFIC PLAN -AP 76-01(0) Dear Ms. Miller: Please find enclosed a copy of the published Notice of Decision and City Council Resolution No. 96-2 approving amendments to Williamson Act Contract Number 76-1 and approving tentative cancellation of the contract on approximately 179.11 acres of land. Should you have any questions regarding the enclosed documents, please do not hesitate to contact me at (619) 438-1161, extension 4446. Sincerely, DON NEU Senior Planner Enclosures Chris Calkins, Carltas Company Kenneth E. Trott, Department of Conservation Lauren Sevrin, Office of Permit Assistance Ron Ball, City Attorney, City of Carlsbad Marty Orenyak, Community Development Director, City of Carlsbad Michael Holzmiller, Planning Director, City of Carlsbad 2O75 Las Palmas Drive • Carlsbad, California 92OO9-1576 • (619) 438-1161 Tbn City of Carlsbad Community Development January 22, 1996 Dr. Robert Booker, ED.D. Chief Financial Officer and Auditor/Controller County of San Diego 1600 Pacific Highway, Room 163 San Diego, CA92101 SUBJECT: CITY OF CARLSBAD CERTIFICATION OF THE CANCELLATION FEE FOR PORTIONS OF WILLIAMSON ACT CONTRACT NUMBER 76-1 ON THE CARLSBAD RANCH PROPERTY Dear Dr. Booker: On January 9,1996, the Carlsbad City Council adopted Resolution No. 96-2 approving Tentative Cancellation of the Williamson Act Contract on portions of land totaling 179.11 acres covered by Williamson Act Contract Number 76-1 and generally described as portions of the Research and Development/Office, LEGOLAND, Resort, and Specialty Retail Planning Areas and LEGO Drive of the Carlsbad Ranch Specific Plan. A Certificate of Tentative Partial Cancellation will be recorded by the City Clerk with the San Diego County Recorder's Office. Pursuant to California Government Code Section 51283 and Carlsbad City Council Resolution No. 96-2, the City of Carlsbad hereby certifies 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, $29,227.00 for the LEGO Drive Cancellation Area as the fee owed for the cancellation of areas subject to Williamson Act Contract Number 76-1. As a condition of final cancellation the fee is to be paid by the landowner, the Carltas Company, to the San Diego County Treasurer for transmission to the State Controller. Should you have any questions regarding this matter please do not hesitate to contact Don Neu, Senior Planner, at (619) 438-1161, extension 4446. Sincere! AJ-MAPIARTTORENY; Community Development Director MO:DN:kr Attachments c: Paul Boland, San Diego County Treasurer City Manager Planning Director Senior Planner Neu Chris Calkins, Carltas Company 2075 Las Palmas Dr. • Carlsbad, CA 92OO9-1576 • (619) 438-1161 • FAX (619) 438-0894 Carlsbad Ranch WILLIAMSON ACT CANCELLATION FEE Value per s/f Value of Cancellation Acres for (per Assessor Cancellation Area APN Cancellation (21 determination) (1) Area (3) Cancellation Fee LEGO Planning Area: TOTAL 211-023-06 211-022-05 5.34 88.01 93.35 1.02 1.59 $ 237,263 6,095,608 $ 6,332,870 $ 29,658 761,951 $ 791,609 Resort Planning Area: TOTAL 211-023-06 211-022-05 39.52 8.34 47.86 1.02 1.59 $ 1,755,921 577,632 $ 2,333,553 $ 219,490 72,204 $ 291,694 Research and Development/ Office Planning Area: TOTAL 211-023-05 211-022-05 211-022-06 7.00 11.19 2.68 20.87 4.97 1.59 1.02 $ 1,515,452 775,024 119,076 $ 2,409,552 $ 189,432 96,878 14,884 $ 301,194 Specialty Retail Planning Area: TOTAL 211-023-02 15.95 15.95 4.00 2,779,128 $ 2,779,128 347,391 $ 347,391 LEGO Drive: TOTAL 211-023-05 1.08 1.08 4.97 233,813 $ 233,813 29,227 $ 29,227 TOTAL CARLSBAD RANCH CANCELLATION AREA 179.11 $14,088,916 $ 1,761,114 (1 ) 'Value per s/f" is Fair Market Value, as determined by the Assessor in October 23, 1 995 letter to City of Carlsbad, divided by number of acres to be canceled in the Assessor's parcel, divided by 43,560 sf/acre. (2) Determination of Acres for Cancellation by APN, within each Planning Area, by O'Day Consultants. (3) Cancellation Fee is Value of Cancellation Area, multiplied by 12.5%. (4) Amount of Fair Market Value differs from total in Assessor's letter because acreage canceled is 3.38 acres less than Assessor valued since 3.38 acre portion of Armada Drive had been removed from contract by dedication. temp/carlrnch/canteel .xls 12/20/95 EXHBTTT January 9,1996 RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO: ) ) City Clerk ) CITY OF CARLSBAD ) 1200 Carlsbad Village Drive ) Carlsbad, CA 92008 ) Space above this line for Recorder's use Parcel No. 211-022-05. 06. 211-023-02. 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. Caritas 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 1996, by the City Council of the City 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. Payment 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, $29,227.00 for LEGO 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 211-022-05 and APN 211-023-06, 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 LEGO 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 Necessary 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: i) 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 LEGO 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 LEGO Drive cancellation area. 5.3. Dedication of Property. 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 LEGO 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 Report and Statement of Overriding Considerations and Mitigation Monitoring Program. Pursuant to Sections 15162 and 15168 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 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 LEGO 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. 96-1) and adopted Statement of Overriding Considerations and Mitigation Monitoring Program (Resolution No. 96-1) 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. 96-1) and adopted Statement of Overriding Considerations and Mitigation Monitoring Program (Resolution No. 96-1) for the LEGOLAND, Resort, Research and Development/Office, Specialty Retail and LEGO Drive cancellation areas. 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 LEGO Drive Cancellation Area will be issued and recorded by the City upon satisfaction by the landowner of the respective conditions for that cancellation area set forth in Section 5, above. CLAUDE A. LEWIS, Mayor Date City of Carlsbad EXHIBIT "A" XCCM UtatONDA HGOOX CARLSBAD RANCH: WILLIAMSON ACT LANDS 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" 1600' SCALE: 1' « 800' PALOMAR AIRPORT ROAD WILLIAMSON ACT LANDS TO BE REMOVED FROM EXISTING PARCELS ASSESSOR'S PARCEL NUMBER AREA (Acres) 211-022-05 211-022-06 211-023-02 211-023-05 211-023-06 107.54 2.68 15.95 8.08 44.86 ATTACHMENT "E-T CARLSBAD RANCH: CANCELLATION AREAS A. Specialty Retail Cancellation Area - 15.95 Acres B. Research and Development/Office Cancellation Area - 20.87 Acres C. LEGO Drive Cancellation Area -1.08 Acres D. LEGOLAND Cancellation Area - 93.35 Acres E. Resort Cancellation Area - 47.86 Acres EXHJBTr-Cr CONDITIONS REQUIRED FOR FINAL CANCELLATION OF WILLIAMSON ACT CONTRACTS ON PORTIONS OF LAND TOTALING APPROXIMATELY 179.11 ACRES COVERED BY WILLIAMSON ACT CONTRACT NUMBER 76-1 AND GENERALLY DESCRIBED AS THE LEGOLAND, RESORT, RESEARCH AND DEVELOPMENT/ OFFICE, AND SPECIALTY RETAIL PLANNING AREAS AND LEGO 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 76-1 and generally described as the LEGOLAND, Resort, Research and Development/Office, Specialty Retail, and LEGO Drive Cancellation Areas, as depicted on Attachment "E-1V The landowner shall provide notice to the City, as specified in Section 51283.4 when all conditions have been fulfilled for each such area. If the landowner is unable to satisfy the conditions enumerated below for that area, the landowner shall provide notice to the City of the particular conditions they are unable to satisfy and, pursuant to Section 51283.4, the City shall, within thirty days, execute a certificate of withdrawal of approval of the tentative cancellation of the contract for that Cancellation Area and cause the same to be recorded. Determination by the City of compliance with these conditions is intended to be a ministerial act 1. PAYMENT OF THE CANCELLATION FEES Cancellation fees for the LEGOLAND Cancellation, Resort Cancellation, Research and Development/Office Cancellation, Specialty Retail Cancellation, and LEGO 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 211-022-05 and APN 211-023-06, pursuant to the applicant's reconsideration letter to the County Assessor on November 9, 1995, and December 15,1995, cancellation fees for the LEGOLAND Cancellation, Resort Cancellation, and LEGO Drive Cancellation shall be recalculated by the City 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 Permits necessary to commence the Project pursuant to Government Code section 51283.4 are determined by the City to be the following: A) A Final Map or Grading Permit from the City of Carlsbad for the LEGOLAND, the Resort, the Research and Development/Office, the Specialty Retail, or LEGO Drive Cancellation Areas; and B) A Coastal Development Permit from the City of Carlsbad or California Coastal Commission for any grading in the LEGOLAND, the Resort, the Research and Development/Office, the Specialty Retail, or LEGO Drive Cancellation Area. 3. DEDICATIONS OF PROPERTY The landowner shall, prior to final cancellation of any Cancellation Area, offer to the City or to the appropriate public agency, all property within the LEGOLAND, the Resort, Research and Development/Office, the Specialty Retail, and LEGO Drive Cancellation Areas which are required to be dedicated to public ownership for that Cancellation Area under the conditions of the Specific Plan Amendment and/or Tentative Map for Carlsbad Ranch. 4. ENVIRONMENTAL IMPACT REPORT AND STATEMENT OF OVERRIDING CONSIDERATIONS AND MITIGATION AND MONITORING REPORT Pursuant to Sections 15162 and 15168 of the State of California Environmental Quality Act (CEQA) Guidelines, the City of Carlsbad has reviewed the proposed request for tentative cancellation on portions of land totaling approximately 179.11 acres covered by Williamson Act Contract Number 76-1 and generally described as the LEGOLAND, Resort, Research and Development/Office, Specialty Retail and LEGO 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 Ran Amendment and Final Environmental Impact Report (Resolution No. 96-1) and adopted Statement of Overriding Considerations and Mitigation and Monitoring Program (Resolution No. 96-1) 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. 96-1) arid adopted Statement of Overriding Considerations and Mitigation Monitoring Program (Resolution No. 96-1) for the LEGOLAND, Resort, Research and Development/Office, Specialty Retail, and LEGO Drive Cancellation Areas. N jjpADjrrE V ^ _ iiiii CARLSBAD RANCH: WILLIAMSON ACT LANDS Non-Williamson Act Lands 121.94 Williamson Act Lands Remaining Under Contract 146.35 Williamson Act Lands to be Removed from Contract 179.11 20 'd "IblOl CARLSBAD RANCH Table of Approximate Loi Areas for Williamson Act Cancellation Planning Area 2 TOTAL 4 TOTAL 5 TOTAL 6 TOTAL TOTAL Description R&D LEGO Resort Specialty Retail LEGO Drive (Public) Assessor's Parcel Number 211-023-05 211-022-05 211-022-06 211-023-06 211-022-05 211-023-06 211-022-05 211-023-02 211-023-05 Area (AC) 7.00 11.19 2.68 20.87 5.34 88.01 93.35 39.52 8.34 47.86 15.95 15.95 1.08 1.08 F:\WP\89-1014VW1LLIAMS. TBL 20 'd 0206-T£t7 01 Wb£Z:0T Attachment D 0'1600' SCALE: 1" = 800' PALOMAR AIRPORT ROAD WILLIAMSON ACT LANDS TO BE REMOVED (BY PLANNING AREAS) PLANNING AREA 2 3 4 5 6 AREA (Acres) 0.00 20.87 0.00 93.35 47.86 15.95 PLANNING AREA 7 8a 8b 9 ARMADA DRIVE LEGO DRIVE AREA (Acres) 0.00 0.00 0.00 0.00 0.00 1.08 Carlsbad Ranch WILLIAMSON ACT CANCELLATION FEE Value per s/f Value of Cancellation Acres for (per Assessor Cancellation Area APN Cancellation (2) determination) (1) Area (3) Cancellation Fee LEGO Planning Area: x TOTAL 211-023-06 211-022-05 5.34 88.01 / 93.35 S 1.02 /•" 1.59 $ ' 237,263 /e.ois.eps^ $CgJ32,870^ $ <, 29,658 1/761,951 >$ / 79 1,609 6;33Z,8T| Resort Planning Area: ^ TOTAL 211-023-06 211-022-05 39.52 8.34 / 47.86 i/ 1.02 S 1-59 $/'!, 755,921 /^ 577,632 $/2,333,553 $ / 219,490 S 72,204 $ / 291,694 Research and Development/ Office Planning Area: TOTAL Specialty Retail Planning Area: TOTAL / 21 1-023-05 / 211-022-05 / 211-022-06 7.00 11.19 x 2.68 / 20.87 / 4.97 S 1.59 S 1.02 $/1, 51 5,452 S 775,024 / 119,076 $/2,409,552 $ / 189,432 •/ 96,878 Sf 14,884 $ / 301,194 ^*D=G9/,78^ ftdtaaao/o-'S o& 211-023-02 15.95 / 15.95 •^ 4.00 tfa&(2& J 2,779,128' $/i779,128 / 347^1 $ /^3<7,391\ CMC, LEGO Drive: \ TOTAL " 21 1-023-05 1.08 / 1.08 / 4.97 ^ 233,813 $ ,^233,81 3 y 29,227 $ ,/ 29,227 TOTAL CARLSBAD RANCH /• ^ CANCELLATION AREA 179.11 $14,088,916 $ 1,761,114 (1 ) "Value per s/f" is Fair Market Value, as determined by the Assessor in October 23, 1 995 letter to City of Carlsbad, divided by number of acres to be canceled in the Assessor's parcel, divided by 43,560 sf/acre. (2) Determination of Acres for Cancellation by APN, within each Planning Area, by O'Day Consultants. (3) Cancellation Fee is Value of Cancellation Area, multiplied by 12.5%. (4) Amount of Fair Market Value differs from total in Assessor's letter because acreage canceled is 3.38 acres less than Assessor valued since 3.38 acre portion of Armada Drive had been removed from contract by dedication. temp/carlrnch/cantee \ .x\s 12/20/95 Attachment B 0'1600' SCALE: T » 800' PALOMAR AIRPORT ROAD WILLIAMSON ACT LANDS TO BE R ASSESSOR'S PARCEL NUMBER 211-022-05 211-022-06 211-023-02 211-023-05 211-023-06 runurn roou rvicnwr DADTCT c I. .)CMUVtU rWJKI CAlolINu rnnULLO L.... ..-..; J AREA (Acres) 107.54 7,^50,000 2.68 S^Q ooo f^osed'o/i 5" 38'<?cJ 15.95 2.~780iOOO ^•^ //^SC^.OOO fAaseol OH S.^V/fo) ^•SB 2^000^000 in/oa/o*or Mi nir»c\.OOC1 EXHSB1T liD" JANUARY 9, COUNTY OP SAN GREGORY J. SMITH COUNTY ASSESSOR OFFICE OF THE ASSESSOR 1600 PACIFIC HIGHWAY. ROOM 103 SAN DIEGO. CA 92101-2480 1619) 236-3771 October 23, 1995 Martin Qrenyak Community Development Director Ci ty Of Carl sbad 2075 Las Pal mas Drive Carlsbad, CA 92009 Dear Mr . Orenyak : Re: Williamson Act Cancellation of Ecke Agricultural Preserve; Request for Determination of Fair Market Value In response ' to -your letter of September 20, 1995, the following information is provided. The Certified Current Fair Market Value for the portions of land Conservation Act contract of this value by parcel is APN Acres 211-022-05 211-022-06 211-023-02 211-023-05 211-023-06 If you have any (619) 498-2270. 107 5 15 8 44 85 38 95 45 86 being canceled under California Land #76-1, is $14,300,000. The allocation £!±jll_Market_Value S 7,450,000 ? 240,000 2,780,000 1,830,000 2,000,000 /, further questions please call Patrick McKinney, at Very tru ly yours , GREGORY J. SMITH County Assessor ROBERT L. TROVATEN Division Chief GJS:RLT:go cc: Carltas Development Company 12/20/95 12:05 CARLTflS COMPANY 001 CARLTASCOMPANY TELEFAX 5600 Avenida Enemas, Suite 100 Carlsbad, California 92008-4452 U.S.A. Telephone: (619) 431-5600 Fax No.: (619)431-9020 Page lo FAX MESSAGE #: TO: COMPANY NAME: FAX NUMBER: FROM: DATE: REGARDING: COMMENTS: Please check the number of pages once this transmission is completed. If you have any problems, call at (619) 431-5600. 8;\wp51\forms\tiixcovf!r.d(>fl 12/20/95 12:06 CflRLTflS COMPflNY 002o CPRITR5 Mr. Don Neu Senior Planner City of Carlsbad 2075 Las Palmas Drive Carlsbad, CA 92009 RE: Carlsbad Ranch, Williamson Act Cancellation: Cancellation Fee Dear Don: Enclosed is a table delineating die Cancellation Fee by each of the Cancellation segments. The breakdown of acreage is from O'Day Consultants, who will send us a table of the estimated areas on their letterhead. We submit this breakdown to you with the advisory that we aie officially protesting the assessments on ApN 211-022-05 and APN 211-023-06. We are still trying to focus the Assessor's Office on a review of their valuation of these two parcels, given the recent executed sales contract with LEGO World A/S. However, we are also discussing with Dan Curlin possible language for inclusion in the Resolution and/or the Certificate of Tentative Cancellation, The nature of the language would be our protection for the City's ministerial recalculation of the Cancellation Fee if we should succeed in an appeal after the hearing. Dan is aware of your tight deadlines, and will respond to us by tomorrow at the latest. We will share with you as soon as we have further information. Thank you for your continued assistance. Please let me know if you have any questions. Sincerely, Mary Jane Jago/izinski Enclosure cc. John C. White, Carltas Development Company 5600 AVENIDA ENCINAS • SUITE 100 • CARLSBAD, CALIFORNIA 92008 U.S.A. (619) 431-5600 FAX (619) 431-9020 Carlsbad Ranch WILLIAMSON ACT CANCELLATION FEE (InS) Cancellation Area Value pers/f Acres far (per Assessor APN Cancellation (I) determination) J2\ LEGO Planning Area: TOTAL 211-023-06 211-022-05 Resort Planning Area: 211-023-06 ; i 211-022-05 TOTAL Value of Cancellation Area (3) Cancellation Eeg 5.34 1.02 88.01 1.59 93.35 $ 237,263 6,095,608 j $ 6,332,870 $ 29,658 761,951 S 791,609 39.52 1.02 8.34 1.59 47.86 S 1,755,921 577,632 $ 2,333,553 S 219,490 $ 72,204 $ 291,694 Research and Development/ Office Planning Area: 211-023-05 211-022-05 \ TOTAL 211-022-06 7.00 i 4.97 11.19 1.59 2.68 1.02 20.87 $ 1,515,452 775,024 119,076 S 2,409,552 $ 189,432 96,878 $ 14,884 $ 301,194 Specialty Retail Planning Area: TOTAL 211-023-02 ; 15.95 [ 4.00 15.95] 2,779,128 $ 2,779,128 LEGO Drive: TOTAL 211-023-05 TOTAL CARLSBAD RANCH CANCELLATION AREA 1.08 4.97 1.08 179.11 233,813 $ 233,813 $ 14,088,916 347,391 $ 347,391 29,227 $ 29,227 $ 1,761,114 (1) 'Value pers/f Is Fair Market Value, as determined by the Assessor in October 23, 1995 tetter to City of Carlsbad, divided by number of acres to be canceled in tie Assessor's parcel, divided by 43,560 sf/acre. (2) Determination of Acres for Cancellation by APN, within each Planning Area, by O'Day Consultants. (3) Cancellation Fee is Value of Cancellation Area, multiplied by 12.5%. (4) Amount of Fair Market Value differs from total in Assessor's letter because acreage canceled is 3.38 acres less than Assessor valued since 3.38 acre portion of Armada Drive had been removed from contract by dedication. Cemp/carlracty cantee i jcis 12/20/95 cn Ovl CfllUTflS °comppnv December 20, 1995 City of Carlsbad 2075 Las Palmas Drive Carlsbad, CA 92009-4859 Attn.: Mr. Martin Orenyak Community Development Director RE: Carlsbad Ranch: Request for Williamson Act Contract Amendment Dear Mr. Orenyak: We respectfully request that Land Conservation Contract, Agricultural Preserve No. 76-1, as amended by the First, Second, and Third Amendments, be further amended as part of the City Council's hearing on our Contract Cancellation Petition. Attached is a draft amendment. It provides three changes to the existing contract: 1. Cancellation Provision - The proposed amendment reflects current statutory provisions with regard to findings that the City must make before approving a contract cancellation. Current law requires that the City Council finds either: (1) that the cancellation is not inconsistent with the purpose of the Williamson Act; or, (2) that the cancellation is in the public interest. 2. Correction of Title Misspelling - The proposed amendment corrects a typographical error which has existed in the contract and subsequent three amendments. 3. Current Owners - The proposed amendment provides the names and addresses of the current legal owners of land under contract. 5600AVENIDAENCINAS • SUITE 100 • CARLSBAD, CALIFORNIA 92008 U.S.A. (619) 431-5600 FAX (619) 431-9020 Page 2 Mr. Martin Orenyak December 20, 1995 Please let us know if you require any additional information for consideration of this proposed amendment. Sincerely, By: CARLTAS COMPANY, a California limited partnership, Its General Partner By: CARLTAS MANAGEMENT, a California corporation, Its General Partner By: 1 Calkins,— i /President Attachment City of Carlsbad Planning Department December 14, 1995 Ms. Elin D. Miller Director Department of Conservation 801 K Street Sacramento, CA 95814 RE: WILLIAMSON ACT CONTRACT CANCELLATION: NOTICE OF HEARING ON PETITION FOR TENTATIVE CANCELLATION OF PORTIONS OF CARLSBAD RANCH Dear Ms. Miller: Pursuant to Government Code Section 51284 concerning Notice of a Public Hearing on a petition by a landowner to cancel a Williamson Act Contract, the enclosed Notice of Public Hearing constitutes the statutory notice. There are no other landowners under contract within one mile of the subject property. Also enclosed is a copy of the landowners petition. Pjease let me know if you have any questions. svdbr-l S(&4( DON NEU Senior Planner DN:kr Enclosures c: (w/Enclosures): Chris Calkins, Carltas Company Kenneth E. Trott, Department of Conservation Lauren Sevrin, Office of Permit Assistance Ron Ball, City Attorney, City of Carlsbad Marty Orenyak, Community Development Director, City of Carlsbad Michael Holzmiller, Planning Director, City of Carlsbad 2O75 Las Palmas Drive - Carlsbad, California 92OO9-1576 - (619) 438-1161 NOTICE OF PUBLIC HEARING APPLICATION FOR WILLIAMSON ACT AGRICULTURAL CONTRACT CANCELLATION - AP 76-OKD) NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad will hold a public hearing at the Safety Center, 2560 Orion Way, Carlsbad, California, at 6:00 p.m., on Tuesday, January 9, 1996, to consider the request for amendment and cancellation of portions of a Williamson Act Contract, as detailed below. This Notice serves as the published Notice of Public Hearing, as required by California Government Code Section 51284, and California Government Code Section 6061. Chapter 7 of the California Government Code, Section 51200 et seq.. is the California Land Conservation Act of 1965, or the Williamson Act. Article 5 of the Williamson Act establishes provisions for cancellation of contracts. A Notice of Nonrenewal has been served for all land under Land Conservation Contract Number 76-1, as amended by the First, Second, and Third Amendments, on file with the City Clerk of the City of Carlsbad. The Notice of Nonrenewal was served pursuant to California Government Code Section 51245, as evidenced by Document Number 91-0514607, recorded in the Office of the County Recorder of San Diego County on October 4, 1991. The relevant portions of the agricultural contract on land proposed for cancellation are due to expire by nonrenewal on January 1, 2001 and January 1, 2006. A Petition by Carltas Company, a California limited partnership, was filed with the City Clerk on July 1, 1994, for cancellation of portions of the contract noted above, on portions of land as listed by Assessor's Parcel Number on the Table below and depicted in the figure below. Carlsbad Ranch Acreage in APNs Requested for Cancellation APNs 211-022-05 211-022-06 211-023-02 211-023-05 211-023-06 Acres Requested for Cancellation 107.54 2.68 15.95 8.08 44.86 TOTAL: 179.11 Acres in APN 149.14 27.95 39.88 12.00 71.96 Proposals for alternative uses of the land on which cancellation is requested, pursuant to California Government Code Section 51282, are included in the following documents, to be concurrently considered: • Carlsbad Ranch Specific Plan Amendment, SP 207(A). • Carlsbad Ranch Specific Plan Amendment Program Environmental Impact Report (EIR 94-01). Pursuant to Sections 15162 and 15168 of the State of California Environmental Quality Act (CEQA) Guidelines, the City of Carlsbad has conducted a review of the proposed request for amendment of Williamson Act Contracts and cancellation of portions of land totaling approximately 179.11 acres thereunder, and has determined that the request is within the scope of the Carlsbad Ranch Specific Plan 207(A), to be concurrently considered, and that the Carlsbad Ranch Specific Plan Amendment Program Environmental Impact Report, to be concurrently considered, adequately describes the associated potential impacts and mitigation measures and no new environmental documentation is required for the purposes of CEQA. Application materials for this item are available from the Community Development Department at 2075 Las Palmas Drive, Carlsbad, California 92009. If you have any questions regarding this matter, please contact Don Neu in the Planning Department, at (619) 438-1161, ext. 4446. If you challenge the approval of tentative cancellation by the City Council in court, you may be limited to raising only those issues raised by you or someone else at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad City Clerk's office at, or prior to, the public hearing. CASE NAME: CARLSBAD RANCH/LEGOLAND SPECIFIC PLAN AMENDMENT CASE FILE: AP 76-01(D) PUBLISH: DECEMBER 22, 1995 CITY OF CARLSBAD CITY COUNCIL 1600' SCALE: 1" = 800' PALOMAR AIRPORT ROAD WILLIAMSON ACT LANDS TO BE REMOVED FROM EXISTING PARCELS ASSESSOR'S PARCEL NUMBER AREA (Acres) 211-022-05 211-022-06 211-023-02 211-023-05 211-023-06 107.54 2.68 15.95 8.08 44.86 Date: 10/09/95 Time: 13: PC #1 nLE=F:\J08S\891014\LGOEXWAA.DWG CARITA5company July 1, 1994 JUL05199* CITY OF CARLSBAD _, ._ .. . PLANNING DEPT.City of Carlsbad 2075 Las Palmas Drive Carlsbad, CA 92009-4859 Attn: Martin Orenyak Community Development Director RE: Carlsbad Ranch - Agricultural Preserve No. 76-1 Dear Mr. Orenyak: Pursuant to Section 10 of the Land Conservation Contract, dated February 10, 1976, and Section 51282 of the Government code, we hereby petition the City Council for cancellation of the contract on the land identified on the attached map (Exhibit A). The proposed specified alternative use is visitor-oriented mixed use, with specialty family oriented park, lodging, and ancillary facilities, generally illustrated by the attached project documents (Exhibit B). A list of the government agencies known by us to have permit authority related to the proposed alternative use is also attached (Exhibit C). Please let us know if you require any further information from us for this petition to be deemed complete. Thank you for your consideration. Very truly yours, CARLTAS COMPANY . Calkins 5600 AVENIDA ENCINAS • SUITE 100 • CARLSBAD, CALIFORNIA 92008 U.S.A. (619) 431-5600 FAX 16191 EXHIBIT A iXGOOX KIMD tXItP'^'-V^'^- \^-•s=rrr-r^ " \- \\/ / / / '^S. *—-/-—'~, « g PALOMAR AIRPORT ROAD1 '"" CARLSBAD RANCH: WILLIAMSON ACT LANDS iilii 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 Carlsbad Ranch Specific Plan (Draft of July 1994) Filed separately with Community Development Department EXHIBIT C KNOWN ISSUING AGENCIES AND PERMITS REGION PERMITTING AGENCIES: 1. CITY OF CARLSBAD • BUILDING AND GRADING PERMIT • SPECIFIC PLAN AND RELATED IMPLEMENTING MATTERS 2. CALIFORNIA COASTAL COMMISSION • COASTAL DEVELOPMENT PERMIT (GRADING/FINAL MAP) • LOCAL COASTAL PLAN AMENDMENT COUNTY OF SAN DIEGO GREGORY J. SMITH COUNTY ASSESSOR OFFICE OF THE ASSESSOR 1600 PACIFIC HIGHWAY, ROOM 103 SAN DIEGO, CA 92101-2480 (619) 236-3771 October 23, 1995 Martin Orenyak Community Development Director City Of Carlsbad 2075 Las Palmas Drive Carlsbad, CA 92009 Dear Mr. Orenyak: Re: Williamson Act Cancellation of Ecke Agricultural Preserve; Request for Determination of Fair Market Value In response to your letter of September 20, 1995, the following information is provided. The Certified Current Fair Market Value for the portions of land Conservation Act contract of this value by parcel is APN 211-022-05 211-022-06 211-023-02 211-023-05 211-023-06 being canceled under California Land #76-1, is $14,300,000. The allocation 107.85 5.38 15.95 8.45 44.86 $ 7,450,000 240,000 2,780,000 1,830,000 2,000,000 $1473007000 If you have any further questions please call (619) 498-2270. Patrick McKinney, at Very truly yours , GREGORY J. SMITH County Assessor ROBERT L. TROVATEN Division Chief GJS:RLT:go cc: Carltas Development Company City of Carlsbad Community Development September 20, 1995 Mr. Gregory J. Smith County Assessor San Diego County 1600 Pacific Highway, Room 102 San Diego, CA 92101-2480 RE: WILLIAMSON ACT CANCELLATION: REQUEST FOR DETERMINATION OF FAIR MARKET VALUE Dear Mr. Smith: On January 9, 1996, the City Council of the City of Carlsbad will hold a Public Hearing on the landowner's request for cancellation of portions of land under City of Carlsbad Williamson Act Contract 76-1, recorded as Document Number 76-059758 by the San Diego County Recorder. The contract was subsequently amended by a First, Second, and Third Amendment, recorded by the San Diego county Recorder as Document Numbers 93-0286978,88-672971, and 93-0243908, respectively. Land requested for cancellation is listed on Attachment A and depicted on Attachment B. A Notice of Nonrenewal pursuant to California Government Code Section 51245 was served for the lands requested for cancellation, as evidenced by San Diego County Recorder Document number 91-0514607. Pursuant to Government Code Section 51283, this letter serves as the City's request for your determination of fair market value and certification of the cancellation valuation to the City Council of the City of Carlsbad on the land requested for cancellation. We understand that the landowner already provided you and your staff with this information. We appreciate your assistance in this matter, and anticipate receiving your Certification by October 20, 1995, in time for Planning Commission consideration on December 6, 1995 and City Council action on January 9, 1996. Sincerely, MARTIN ORENY/ Community DevelopmenFDirector Attachments c: Pat McKinney, County Assessors Office Ron Ball, City Attorney Rich Rudolf, Assistant City Attorney Michael Holzmiller, Planning Director Gary Wayne, Assistant Planning Director Don Neu, Senior Planner 2075 Las Palmas Drive • Carlsbad, California 92OO9 • (619) 438-1161 Carlsbad Ranch Acreage In APNs Requested for Cancellation Attachment A APNs Acres Requested for Cancellation Acres in APN 211-022-05 211-022-06 211-023-02 211-023-05 211-023-06 TOTAL 107.85 5.38 15.95 8.45 44.86 149.14 27.95 39.88 12.00 71.96 182^49" Attachment B 15CO' SCO' O.UPN 211-023-01i PALOMAR AIRPORT ROAD WILLIAMSON ACT LANDS TO BE REMOVED FROM EXISTING PARCELS ASSESSOR'S PARCa NUMBER AREA (Acres) 211-022-05 211 -022-06 211-023-02 211-023-05 211-023-06 107.85 5.38 15.95 8.45 44.86 03/27/95 13:16 CPlRLTflS COMPPNY 001 CARLTASCOMPANY TELEFAX 5600 Avenida Encinas, Suite 100 Carlsbad, California 92008-4452 U.S.A. Telephone: (619) 431-5600 Fax No.: (619)451-9020 Page 1 of 12 FAX MESSAGE #: 584 TO: Don Neu COMPANY: City of Carlsbad FAX NUMBER: 438-0894 FROM; Christopher C. Calkins cc: Bill Hoffman 438-2443 DATE: March 27. 1995 REGARDING: Land Conservation Contract Enclosed is the Land Conservation Contract together with a Notice of Non-Renewal for the 23 acre parcel showing that the contract, originally entered into in 1976, was noticed for non-renewal effective January 1, 1983. Consequently this parcel has been outside any Williamson Act for a period of two years. Please give me a call if you have any question regarding the enclosed. CCC/jp s:\wp5l\lcc\fax\iicu.doc 1-377/1-1'273 03/27/95 13:17 CflRLTRS COMPflNY 002 •WiiEN •IKSTBUMENT TO; PLEASE MAIL THISWl Clerk, Board of Supervisors San Olego County Administration Center , THE.ORIGINAL of THIS DOCUMENT WAS RECOROID 1600 Pacific -SPACE ABOVE FOR RECORDER'S USE ONLY- NOTICE OF NONRENEWAL Agricultural Preserve: 58 Contract No.: AP 75-58 NOTICE IS HEREBY GIVEN; WHEREAS, the undersigned PAUL ECKE and MAGDALENA ECKE t# (are) the owner(s) of land described under Land Conservation Contract No. AP 75-58 recorded February 9, 1976 Document No. 76-030321 .in the Office of the County RecoTdur of San Olego Coucity, more particularly described Inattached Exhibit "A," and; . .: WHEREAS, said owrier(s) destr0(&J) a nonren^t, of said Contract; NOW, THEREFORE, said owner (s) do Said Contract NO, AP. 76-58 hereby declare their Intent not to renew effective January 1. 1983 Owner PAUL ECKE iner Paul Ecke, Executor Owner Dated 13:17 CRRLTftS COMPANY 003 OF SAM iEAL BARBARA j. OWEN Nowy Public. COM, .Pflnclpql OHlc« InJAN OIIGO COUNTY MyComml«l0nfi»|>irM AttRuit *, IBM 29T)i ^lARCHON before m«, thi undersigned, a Notary Public in and for said State, personally appeared ~ ECKE y I ...... _________ ,, , known to me, .subscribed to the within Instrument,ISta be the person— whose name__ jnd acknowloitged to nu that -_he__ executed the same. WITNESS my hand amr'ofRcial seal NoUry PubD^dTiRd far Mid Stitt. .:.;:: • :•'.: ?••.•'•?. STATE OK COUNTY or 19^2 l.eforo m«, tlio ut»lM'«i((neii, a Noisry Public in ond for seild 5 to i>» mis |n:r»>n „__.„,., vil«»o i""it*^_. I. w i« tin! williin Innlrumeiit ami miknnwloiifml tlim Q.6..j «»-uui»<i iiiM »mne, as executor I WITNK.SJ» my luiul utt4 OFFICIAL SEAL BARBARA I, OWEN Notary Publle.PUnclpot Of«w inSAN DIEGO COUNTV MvC«nml$ston£xpJr«i August 2, 198*Barbara J, Owen NUINU I'l'viiiHl or I'li 03/27/95 S4 "35 0e:05PM CT 13:18 CflRLTflS COMPANY OMER SERVICE 004 P. 2X3 RfiGONOEtr, PIEAH MAIL THIS (MTflUMENT TO) Off*. IWIrtlOf StlpwVhori S«n Dhfi Courtly Admtnllftttvfl Cutter "9 wuifcritfj «(NOW! LAND CDNSKftVAtlON CONTRACT AP 75-BB CttP, &W.2fcW.2/7fi THIS CONTRACT, mUt «nd mtmd Into Wife -£&L*vi of 4 ml brtwtw ***** BCKB an rf* r 19 »£ by nwttnitw Mrtrrwl n n "(MmT. wid thf towlity of ttn 0!*s», • polltleat fvfK»«1fl»n •! Kit Ititt nf CiHioml^ nirtlntfm n ferretf t» nt 'Cwniy'r WttNB«fBTMj NHtCilM, tfi« Onrnn- wprcnntt th« r* li rtit mmm of «rt»i" land totwnd in «he Count/ of Sin D\tf>, >s»«r el Cvilf mnl*, frWcf? loud tt ommtly tfwvnd 10 tfkdturt) inn, f«D»«»ite*»») u»n, eptri wn>,«' ecmblnition |b«r*M, *w vrf IIH wtlhfn *« »flrieulnif«1 pnwm h«KWfo>» ciubliihcd w to V« «UW No.t ie!d |»rtd being rrwff pinlvultrly dneilbfd In EnWW« "A* *tW*»rf h*r«ta and WMEHfeAB, TTtf Owntr in* the Cpnmy *s)tD w limit thi uw of PranlsM W pgrr^ltw«l »ni aompitlbl* UM, rrar««tlpit>l l» W» er Opci> IT II AOREpD t^r ami b»tw?«n tf>i Omirr imt the Ccwiy M Mlowis '. CONTRACT. TTIII ll « -CtmWMi' mod» PUMUint w nw CilHornln Land CSonwrv^ao AM »r «« »rn»ntivd ti of th» ditt tint »Kov» wrl»«n, IneKidtng fmfndmrnlt uwgwd ft thv 19TO Hrgultf fcfllnn ot Ihv l.i!gNl»igr», (hcrrlntffiw relerrri to «i «he "Am") md k kppllmMf 10 tlw ^rtmhn. 1. TVXM. Thu Oontfmn Out) Htiv pffm «n _ rataruartf ^ mH _ ( md dull rcmiln_ •flrai tor v pntflO of l*o ymn thncfronv *nd <li»fng >ny rnmwlfa of thtt Cenireot. toeifena, fttNVWAt,! NCTTICfi OP NONUBWeWAL. Tr»liGonWK»ih(il|&»*wt(W>»H wily mwwtd far .D«rto<J of out y*»t an tlw flni 4iy ol the fixi Ainwiry e'Hr ih* vlfcetlyi rf«te. wnJ on f" flnl diy of «Mh iMUifv IhttMfur unl«it nrluirn nmto of nonrtnmM It tefr«» fry (Nf Ownw An lh» Counly n lent 90 <lyf prior tfl tlld tf*M AC WrllWi notice of nnnrvntwtl It w/v«l by thg County on The Chvmrr «i Itwt BO «>y» prior IP wlrt difi. Undrr no dreum»l»n^<* f>' ji» a notlnr of rwimrri IB efrhf t p»ny M rtqu)rtd in effcciu«F the wtomrtto F» MW»I ol thb OonfrMt "* Upon i-BWlpj by Owner of • roti« from Cowniy of nonrrntvral, (he Owner mry n»hi wrlii»n promt of iud» imiWjfwwil. CouriW m«r rl «ny «mf prlpr 19 |li# »rpnwt d»l« withdrew the notlw of Htntfmwatt Moon rMpmt of (MAW, the Bawd of fap^fvlion miry «uihorl7« Ownur lo ttrvi t noUw of nonrenewX on • portion of thr 1ond »*«h it I'ID MiiHM4 of Ihli Conimiti It either pwty tttvM noiltt ol Intent In my ve»f mn lo r» n«w thli ConfrBrt, tt»li W"t«<« th*ii r«ryi<iln In »• l««f r«r thf bmenw of fie period mniWnp on (he itrm tlnoe fht orl^nO emoullon or th» lit! rvnmul \ S U; 03/27/95 13:18 CSRLTflS COMPflNY • SERVICE 005 P. 3/9 1514 urfM the if «n df »W» Ownrwt M4 t*y tnd til rwiMUti ttvrfvt, th» frmtwii tfiill IK devpltd to ajrlwliwwf UMI «if eowprtlbit «m «d iMI *i« to imrd for my pvrpMei other thtn •trit uli wtl UIH w oprnpttfwt utet « rptolfted In BxMbit *»» * itMhri t»»f»n», . • Aivthmfc AOWTION OR ELIMINATION OP AUrHORICTP UtIS. TMBftTdof tupmlimtttt theCounty,! by rewlutlon, miy from Km* W tlmt dnrfr>» tht iwm pi thft Cwlritt or *ny i rrww*lf> thereof *w»«J tl>» ft torvtton wtiWIihfnp wid AgrleultuPtl ftatnv to «rfd to tho» ntitwrliH wwt or eliminate t UM lltttd In BahlbU•0" wW* wPi«rlita UIM e»«ll be uniform througnotii Mid AjrlBulttril Pretnnt * provided, he*m«r, no irwndmt «f lurfi ivtoti/ifw dtfrtna the i«m of tbl» Qoninet «r a1« tt»l« CtMOtn vnlm th* Owvwr c«nirmt U lurt COLiae POW6A, NoMnfi In inii o»nuw« ihill bf wmiruMi to limit ih» twrelw by th» (i»»rtfAf SupwrvJiori eY IH< pvitn powiir at llw WJH!M AT r»Kjopiiw or MMM* wtni of «ny tonlnj at/Mnwi or t«r»tf ui»or«fin»»Mf», rc»ulitlM or muMtlan etinuwtt w Dw Miwilnj inrf r<jn|»j Uw (faeitwil 0WW I OMtoP or o*i«rw«». It Wft,. nuitol m E«j)t(en y. *ON1NO< Th)» C«nir««« IM)I not to* oomiru W 10 wtHariit Oil «wWfiHwmit or tantlmntlorv ol xmifwy leinvprovlilonof tfi»3f*B!m pr«llnin«» (OratnmwNpi 1401 irMv6nr|w)|,fntlinlln9 «*ei!w>fl BMiNBNT DOMAIN. (*) BK»)I| M swlUrt in iwMlvlilon Wl of thH 9<g(!aii 8, w»mi wy «nton In f miflfru domain tor tht ••fMf*wn»ilon oT thi fH »ltl» of >n ?nllr* fffftiit o( \ernl iwlrjni to (hit CoMriei U (lift) «r h*»n « wli fi^tf It (oqulrvtf In Iliu Al fimlntni tfomiln for • nubile (mprammim by i puMte II/IMV ftr p»n«m c' whtnivnftHrrf li »ny wcH talpn or kwutiltlon by ihp Pedorri gawrnmf it or my p*/««n, fnmrvminMlty or i«*rig^ Mtlnp undtr ivlhorllv a* o** f of |h» Ft df r*4 aovt rmnir<t Ihk Conirmi iMI far d«mf d null «nd volit M l« the l«nd wtv* lly hf Insfionttiinntd e» to tsqulfwl n ol t»t^ tfm tht ttttan It f llurf intf for thi purpam of •HtWrthl'>9 th« »»IM» cf ii»e»i Imd. fWi Oowi '•« i<*i1f to itemed imtr If ttm» Mlifrf. Upon lh» UmtMitlon of >uph prMtftfllf, iKIt Oootrwl ihill b» (b) e««H>t *t (rrwldrd In «uwi»iii»n fd| of thh SwUpn t, **»(» luoh irt tctlofl 19 Wmlemh or ntqulK (Ml thin *n of t paP6*l of fmid wbjtct Id thh Contrtsi '» owniMMwi. will ContriM »H»» pr o>rmtd nun «Ad twtd n ro iftf itnd •»Tif*ny oiifxfw)*!) or twilrttf intf iriilf b* dl>teint«il in <r»> »»fir»1len pratni pnly *» 19 th» l*rtd i^luilfy (wing t«ke»,«/nl«M the ftm»)f>)n» tend tub)** to trill DonfrMi will b* «eVirMly ilfwutf by frw Mndemnitfen, in «vftlart «»M vt« **li/f of (hit o*rrw9« thill bf eomfMUKl without r«aw4 ro Ihft Cootr»e|. HI 11>e Imd MfuMiy <»lt«if ih»li M <B.n<w«<l from «hh C«nu«t, Untftf (10 clMumttvnc** ihill 1md b» rtm^ndIhfl It noi; Mtoilly t«k»n, txwm M othkrwiw pwvldul In (fct Ae(. «f I Ttif prtwfitftoi of MiWWitonc (t| And (b) of rtib Softiian V i>iili not apply to or hwt My I orw or elltet with rcipect M» (1) flic filing of my twMon In tmimrrt domiln tor the BondnnntilM of My e*»em»n| for tht tMaiton, vpn ilmcilpfi, AfMTMlnn, mi intwtflo*. er repdir ol tny |M, elcevia, *»u r 61 c»mmunF«*tl«r» fcillltlei by «ny puWI (rnciudlnji tht County) or bubllft u»?llw pr to l>i tcaultiiim pf iny win **Mmem by tny aufalle *pmey tCounty! CM' public uiiiliv, «r (7) th» Illlnp *f my Mtlftrt <n emlnfit doriutn by «nv public tPMay (Intfudino tN Cwinry) tor ttr w»d»mnSt!afl of »n» f« tttl* orftvtr nuM far fh« H^piithmMf, eorHuvntpn (Irwlurifno tM Mdf nloy «nd fedfgnififit) tnd mthiimpnpr of trtv rotif, ><r«ft or hl|hw«y, vvtwttt*r mining «r pf«nn«d fpr fht future, ntpretrd antrit etrmiiat ion «l«MMt of Kt* 9t>] OtWo Ctounty 0«rt»Ml Plan ttfopttd by th» Bin Dingo County S«ntJ pf (uptnliori (IrMludMt «nv *mi ndmfm th«r«to umpitd by wld So«rd prior to the date *f ihli CWiiritsIt or depleted on lh» plil »ti«ch»d l» thii ContrtM Md merk^l Suhlttt 'C^or to fit <«quUUI»n of <ny ««•* f(» (lilt w foster «(»!» for inch purpem If the Btrtr pf CillfoMio ir §ny publle «e«ney (inofmlinj thi Coufllyl; vttd th* Ulliqi ft' ""V ""^ *("'"" '" •^ilMfir OArMtn for the Mndemrvjtion of pr the aeouldtion of iny melt ttttfnt^, fw tltl* pr IMWT «««M »h»fl nett»(fT>ln»if , millity or void thii C*nl»»ct ntt In (>w «w nt of the fClnp of My »u«h *st|pr) In tmlnut donwln or wquliltlst HiU W ««mldrr«d In ttm wluillon ptoww. BY COUNTY.»l«tjf j (loft (»l the oWlHfiftfrt Imp9w<f h»rwnd*r, it b«l«9 rtwignlrMl tr<d aycni thM tht tonstderaiCon for tN extewtlen of rf'i ContrMi h th« wb»uitu>i publh; bw»f it to be «V|mi ih»r»»/ew. »M the f(fv«nl*9» which wO) awrvw to irwOwnor 0 n refalt of th»«rftct m ttw minted wfoxion ol find deterfted li»r»)r» «hw to (he Imporftion of the UmlittloM on Hi ute iiiw>t»)nrd fttrrrn. o. eANCBLLATtOrt. IB) Th» Owner m«y pdllifrt lh« Potrd of SupMUlion lor W"WI»llon ttf (h|( Contreel «i to flll pr «r)y ponlon of (he land wWcti li lulijeei 16 IKt* Conirwt but rhlt Oonti«rt mm rat be eineei<dtn Wfiatn PV In pArt.cxcfpt by mutual »(r«tmenf of the Owntr «nd County (iiirtuint n» SfitlBD BlSflJ &< tin Asl (Ow«rnmpnl Co«» . Cpvnty m*y oniy corMni to (he «MM*I|IIJIM pf ihli Centwl In frhwft or In p»n when, tfitrMwbllefiMrlng h* been l»ld fr> ft6cBnlmPl with (he Ploriiloni el Bwtlan tll7B4 pf tht Aot (fiowtnnieni C«l»l, *e Bnnd find* ( J it*i»t tfi« BHtetllMlon IF not Ineomfetmi with tft* purpwn of ihe Att, W Ihjl the urwrildlpn It lr> Thir n«Wlc Inlcrw, wnf (3) |H|| (I H wither nM«<i»ry nor WtM, w continue ihe rftrrlotfoni ImpoiwJ by |hl»Coniiwt; (iifnvtiM, ho*twf , tHh Cor-u»si ihelt not b* tano-tnt vntll (ht Hereiniftar tpffoitled oM»fhi|lon iff hn \ % < °S ji 5*i mmmtmmM i-inrs e.** 03/27/95 WC=(Ot>|-TI l^OJS 13:19 •HOMER SERVICE CRRLTflS COMPflNY 006 P. 1515 !»•« «*M, wiltw ui* to or MUM portion thereof If wttwJ of deferred punwffl lo eubdhrWwi W •! (heltan 11«Oof«>)«A»H<GovttrmiemC0*e|. ^ma»lM^HfillittlM6l^|l»mikteiiworMOp0<»n«inltiriar«n9i«wr«Hof U* l*»d toreM IFramfeei) <S»»» not be wfftrienf weton tar ojnoilliMM Mil * pONfitttf eltemetl* ut*tr»thelwdmey be wrwWered o¥y W aw* h no prwrnut*, nqnoo«t«H»e» fpr* iuft»M» fpr iht UM » etotoMUptapowdfhe lend Ihcmnei) fce put. Dw uneconomic rfwwttr of w e*l«to« eprlpvtturil we thill Ilkewto not be wwrtwrt reeionfor f envtHitton ind the i»M«enwilc vhereofer ol IIM e«firtng urt nny b» OMiiMend wily If there h no other ietnmeble <b) Prior to MW ««ipn \tl the Bojrd of fcipenrlwr* flying ImlMfvC tApfowl » lh» •MoMtoltal 01 thll Co»fr«et, the Ownfr AMHt»r imil ilcii>imln» Ihi full «wh v«hM »f ih« imd M IhttugH If vw« fr*» from tf» r». ttriBtfcmc ol thin Cwiifitt. 1 1?» AIIMW rti II mwIUflv *uc*i »» lui by ih« mwi NMnt Courtly r»ik> innounira ' onrtwMi la Swtiw 401 «' thf RWWU« yntf TiMilen OM)« trxl ihMl owtlfy th» prtxluql 1» ih* Board of fcip»Nlwi» A the CKftMllMfon vpluitton «( tfiv (end f pr the iwr&ow of dttemtntnp OM atAttibUm fit N»lwf nr »»Klf M. fcl flrtor to gl»l"0 t*i(«tl»t tffntnl to ih» wnwIllllBri of thl» Contner ffiv Poirtf ol Bupcrtrbor* iMIl ««i«fmlw wd certify n the county Auditor jh* iw unt of ih« ttnwllnlon fH Mt«ieH fit Own«f wu»r ppy IN* Couniy T>»»uw li fthnml Wi»l i/w^ waflfMton, NunWMMrtdlnj W« BWlil9fl» ftf wMiVWon (b) of fectiwr Cf 211 of <hr Am (09vcmm«nl Oorf"), If «nH>lil(on ooaun wlthlfi Ihi flrtt fi»i-y«r otrlM) of J»w t*rm of i w» Cp^fiet,' cwitMim rifultlot of th« lind brt M of Mid nnpcfWI frrt yil^iitton f « »*^i yevr thti Conrr«at hn rem«lni4 in f f f«n li nifmi of lh« «f»rtmNiiloii«l f Int f town Mrfod; provlM, ho*e»w, m no tveot chdl the e«nc«Uiti«n fMIM l«« thnn an ttnauni fovil to f «W of the c*nnll*ran whiiilan of th* ItMt, I J «fitr Hte «~«iv Hill OomrtDt H InlfWty mtcnxf into ffrv (Wbflotr mnavnefd CMftty wt'o o< miM*<) w M oufi v«1ue if (dvniwdi ih« oervwrtwt ptrmtni ipf «l«h* (n jfili Mrttriprt rtull tw cbingrt W nn pvitcr p»rwrn»(w of foil uiTi »lug w(|l bt p«)d ihm would h»vi DMA p»)il hid Biwe |nff| no tharye In wc»» rtita. (rt| idtArdfmit wjtb luMwMldft («l el Iteifftn »)28I of the Art (Oevirfimtnl Cffff d (t\ Upon' approval by e>» flotrd 6f SupmvJtort of the nb»v« mttitianta epnwtistlpn pnliign Mttf ovymrnt of the Miwlimion 'ee, thi Cltrk of in* Bowd of Sup«nfliori ttieil rword In Ihi of fin of tS« 0»unt«r flcwrdtr i ctr>< tlfle*r« wfi'eh ihati 1*1 f»f m me ntnne of the owner of cwh linrf « the tlmi Vie Cwnrf « d amoved wllh |hf •mount of thr e»ni!«llatipn fn ipeti'lfd br ilw Cw4 of 8upe»»i»fi purwant 19 AMltll 6 of ihs Art fftwtion Sllll ft HQ., Oovrmiiwtt Ood«| ind < ftffjl dccc'ttilen of th« oroptny, f row the date of recording of turn erttif toll, « i'iltm thereof M !• nppfoptlaw >hrtl b» f/nstly MMftlfallon (Jitltlon tmt *)l»f r or Mtrmtflt In whole or (n parr of thf Miwllaiion f*i, |h« Cicrtt of tfw Board of ftiof rvlion Wl»M MDord In tht of fiw of tttR county Rewrdw e «'I"(MIS wftleh ih»1l MI forth the mm* >K th* owner of «uth lent *t the timetHe Mnlrtol It tftnMtd with INI emotmi of th« cenB«rfit(on f«i (pedfiRi |>y At S*»rd of Vujwvliort « Nlni due pv^wint to Attlefe g of the feu (Seeds') 11281 f I uqu Gwimment Code), mi eonttn«tn«y of turii wl»»r »r tfehrm of p»yn)rn<i», tnd # lee»l dwenprlpn of the wpim. ftev ih» tftie of tfewtint of «"<* twrtf IsiN the Corttreai rt«t Itw flMiiy «4n«»l«<>, md to rto *»««nf iff* Mrtceil»tton fit hn not yet »Mn paid PT willed, e ll»n th*H be ereiUtf »n<1 ««»ftti»d f jitfnil »H« rrpl nrgptrty dn«rlbed therein intf <ny other reil property owned by the WfWrt rumed therein M Ihe owmfr «nd fowwd wliWn t»ii» County. SiMn fief? ih«rl b« fn f*vor or <ht CMnty. ifieli hn i trt» force, efleii #od prjor% of » /i«Jem>rn l(»n «nd f full r«miln In el feei umfi the umvilted ooriltn of the wnwIUIIon fee ri piW bt f«M. Upon if)i pkyin«nl of the oirw'ltrlpn itt or my txsnton t»tir»(rf, m? Perk of trie 8o»rd of 9up»r»itor» Riill MSord «v||ll the County R«e&rrfer f written eealf rMtt Of (he rtrWf In whole or In Pert Of MU !r»(V fettltm 12. ftlVlBION OP LAND • MINIMUM Bl*e »AROit8. T»* Otwier ihelf not dMtfc the PremfmMr<tmry to th« rbtri«tiofK en the dlv|sler> of Prnnlivi M let forth In £xhfl>rt "0* itttthed nereto. fiv«iiun 19. 60NTRACT BIP9 8uCCeS80n8, The term 'Owner* M ui*d In ihti Conirwt ihnli Inclndi the (injuier incl <»luw emf (hit Cordran ifciM IM Wr-dlnj upon ttie Inure to tne oennfJi of elf tucMiton In Inlereil ol thi Otww iml vtftiip (MI not limited te htfn, MWI/|»^ j*»Wit«|«rr» end M»fjnwn, M the event the lend wtfer Will Conirtti or iny pfiftlen tfiw«&f ii divided, in* Owner of «ny M reel rn»y tntrcltr. indrpendent of »ny other owner til » nortlor. ol thr illvMed lund, my or Ui? (fghtf of the Ovmer In ihe prielnef Coninci Inolurflnj the right to tH»» noiltKi of n<»Ve»ew«t end w ^ctlifon for cinoellatiftn. The e f fett of irry tueh •etien by the tswier of • pi roll t'tfiorf toy tKrtifyifion ol fend or any portion (Hereof wbftet t« mh Gonrreet Bisii not be Impuird TO the ownen ni ih» nroftinfng rwroeft <ma ihili niite «p «f ftet an thlt Corirtei m (t «ipp1fn to the »«m»mlng psrpeli ol 1b* dMdeflland. (4,nEM9VAL QF LAttfj PROM PRESIRVf; Rcmovel «f iny lend <ino>r thlt Cpntrilt WOW an ttitnt, cither t>y nHnnoe of bourxfxlM «Mht AteUnc or dliedgbllirtrfwnl of thr ftrntrve ihtfl be t>w trgulvuftnt of • nKik* ol nomtntMt by thr CouMyi provliled, hefwrar, H'rii me County nhiM. « leeit G0«feyf . Rev, ii&M, 7//B 1< 03/27/95 .<- I 13:20 JJto I Unt-K btKVICE CflRLTftS CDMPfiNY 007 P. 5/9 prior 10 th» nnt '*nfwit d*l« foUMfng tne wnvrri, itnr » mnh* of normriwwit «t pr»v»dtd In Section f124t of «f» A«f fiOowNtiwitt CWtJ. fcrti Ma«ar pf nonwMwtf (Hill iM r*s*<M M WttMrf JR ttettM Bf 24 «t KM Aal Stotlun i& 6OKVBYANCE CONTRARY TO Anyeonvfy«noa.c»ntr»nerfuihef)M0oii «r*itF * iJMitpn cfm Ptimlict cootrf iy IQ rftr t«ffn» of rfih CorRTMt or wiy nnnMl ttwraof m»y wld by tfw (kwrdprtvpfr»l(eri«f ih» Oeunty, wth tftdirtttonw the »»*tf4t««of thhCpnlrtct rnty W by iHt C6onty toy w t«i«n f»rt in tfff ftipwior opurt of *w Gvtmiy tor *» rwnwe »f atmfwlllni comptktnw w •tBIInn M. QWNEft tQ PWOVI&B INFORMATION. 7h« Ownif, WMfl ffQimtttf «w CMMW, Htm pf»v)(fi —'- -i nlithip «• th» (wrwr^ »W«n(o)M tmrftc ifthflpmnei. NOnCC. A«v noitee *•»»» pumiini i»t»ili Contract mw,«" •««»!>» ihv elNf mnhotf i,l»«MgBpf»piW, NoMwwrii* County mm boiddrtKfriM IWM Notliw M* tbf) 9*f«f thill be xttrMMd « Wlo»«; IN wflfNiW WHEflepf, _______ •' ft- £*-< MUL KCW Owner Thh b to e»^tfy tHn «(ra tangoing wnnrwrt It hmbr «wwlH on bftw>f of tfll B«»x> »f &ip*nrj*«n of ulrf Covflly of SM Oln» pv)r»u»«i to luiWIly Mlw I'M gf MM Bwrtf «dopt*d on Junk >B, 1074 (mlnule tun* NOTfi? Ari«lgrinu)Mt«lown«ffni»iltM N«knBwln<gt<ibfron InoWiy puHlfeor 0uWIOOffitwr«nrioflr«lto t»Hf CCSF, Rw, 78,3^, 2/» y I % Jl' rlttFT C.M 03/27/95 CT<^^|! 13:20 I5TOMER SERVT CPRLTflS COMPANY 008 1516 Brt« t* w» nMit «t*«*l (fat* Miowfno «h« iww»i, Mmg i noft* of noramcwti * pmMri In fetelfon 81*46 •f tf» Aw {Ctowrwffrt OMftl. Pin* natte of nfnnwwt ftilf bt rtoonfed M »«Mi*0 In «Ktkn 51W of tt* Act «ia»lwi ift. CONVEYANCE OONTRARY to CONTRACT, A*Va0mfyMM.Mntr«Qt0rrol>wl»l»en (wtortwr or«T or twitint) DV Di* Owwr w Mt iiMamon IA Intwen *»hM< wpvw Mrmtl W» «• »l th« PwmftM wvtlt • dWon «f tfw ftvmiiH Mmirtry 19 to ttrmi «' thfi tiwtrMl. w MV rmnwl Ihrwrf Wiv bt Otclirwdrpjrf by itw |!IMR| of ftiperrfMM Of *» btunty; w«h (MftraMpn «r |Kf piwtihMM flf thl fry DM C«unfv *» w wrtw ' R«l '" At »wpwi w Own of ttit County far li OoOfnvt *»y bf vnffraMt comptinna eomplltrwt or INFORMATION. iel»lln( W m* OwMt't otHlgillonk urn»»r |hl| Oxttrwt. . NOTieB. Any notteyftrf n punvwtt to tfiii Confrn r»w, hi KMKtDfl tt Hw tf umorlttd «hniw, M if** »y Unrtrt turn null, poi 14* prtprid. N«|l«» IB *i County tlwll f «w 00114 ofRoom 390 flountv Admfnhirailon Cvnitr WWornto Ml 01 H«od*lon« Bafco Fr ffr frffl ^fffl flneinltia, CA On M. k^ <• "* '•* "M Onntf in< A**. , , ,«jMk« to it* In l»w *MA, NOTB; Art fJ«rittor»r «rww»« nw« be «ckno«lt(l«Mt twfprj * noliry public w puMIe ofllm Urthorlrrt tt» ltk» 03/27/95ioe.-»wrn 13:21 SERVICE CflRLTflS COMPfiNY 15*8 009 P. 7X9 EXHIBIT "A"AP W-M That jwirtion of let "0" of the RfnefcP Agui Hedtontt, In the Count/ of SanDtego, Stats of California. o» shown on the Partition (top thereof No. 823,ftlwt tn the Office of the County Recorder of w!d County, Novftmbir 16,IflW, dwHbed «» follows BEOINIUWJ at Comer No. tt of «i1d Lot "fl" of the Rftneho Ague Hedlonda,according to said Partition Hap thereof No. 6*3 und thotm on Record ofSurvey flap No. 6718, filed in the Office of the County Recorder of saidSan 01 eno County; thence alona the Northerly line of Htd Lot "6",.North 70»56'OS" Eltt (Record North 71*25' E«»t) 400,80 feet; thence(Aid Northerly line along the eenterlfne of e 66 foot easement reserved forroadway and utility purppiet as shown en said Record of Survey Nap No, S715,South rzo'3E" Wast, 1053,08 feet to the bedlnnlnfl of a 1000 root radiuscurve, vonceve Eicterlyi thence Southerly Along Bald curve, 430.61 feetthrough an angle of 24*<!1 '03*i thence teflflent to Mid curve,South !8f20're" Cast, 183.62 feet to the beginning of a tonoent curve,concave WtRterlyj thence Southerly alonp Hid curve, 339,94 feet through anangle of 19'26'38*| thenca tangent to said curve, South 3*51*50" Ea«t,938,70 feet to the centerllne of Road Survey No, 1634, filed In the OfficeOf the County Surveyor of said San Diego County) thence along the centerllneof said Road Survey. South 70'12'tf* Went, (South 70*46'M" West per RoodSurvey No, UJ4) fiM .92 f»et to the Southwest corner of laid Deicrlptlon No, I «s shiiiwn on teld Record of Survey Hup No. 57J8j thence along the WesterlyMno of *a1d Description No. 2, North Hi'16" Meet, 2385.97 fiet to thePOINT OF BEQINNJNO. 03/27/95 13:21 CflRLTPG COMPANY 010 A. TM Mowing tgrieutairtiuicf i 1, Agricultural Crop* 8, Fruit W«, mil twn. »ln« ami huntait«vr»| tioefe (pr (HoAttlng inwt, dnH o"i» »HW hnrtlwltyr*! Mort. f. ftw*ft«dv*pitt»nl»< 4. Th»fcf*pln0»ffhf f cHawlnj poultry »ntf»nlrrwtl! M wiiry. Mbbift. (MntMirn, hMWtvn *nt» othw im«H wlrwrtij p«wuwi not mew thin twenty* flrt ttW of »«y on* or oewtoVMtJan ftnwf rw H* kept to rtt nwnlw* (h| Horwi M • prlvat* »t*t4r {II On coy (""^W* hivtna * MI »r*t of tm Ov* mv rntf w»*ilf (l-t/Z) ant thwe m*\rbe *«»t » mwlmum of tw» (2) of <ny «A» tr twnblnnltn 0f uM flrtlnii"!. W On vny pf«mflM Nwl^ « ml ar«» 9) BOIIWt 0MM Wr WTrf PNt'Hm/ ff-f A) M^iblfl W(more thin fwi M( nrn, Mi* MOV bf (t»ot I fH»f Irwm of «!jM 18) o' «iy eni or oom<mn»t!o« or uld «nlmf i« provided ih*i ih« numb*/ «' iu«b inlmiti ihitl not Me««d onr «nlmf) rw ^»" (1/2) icrr of «'*»• (M eomblMf Ion «f iftd tnilmali way iw ksoi, »mJ in «Wlilw» ihefelo thir» HIM tw In ot tutOf bovlfff «nlm4 oront HI rtwp Wf «er» of «rw IniKiMi of te>tf four Hi ft feuiMlftiFvid tvvetunt ne&mrr »nt IneWiwiii to ih» igfieulturRl UM tt'tfti taml> (Pur Agfl«uliur«l FrauM* Itaiin* OMU A>1 (fccHwi t wwph W- «*»r fo 8m Diego County Boning <M, rVv, 14M.I 9, A MltiNontf, wocltoMl In wMlvltfon M of flfrtlOH 61»I, Oowmmwt GMte, 4. A mwufftd watlMo" ftfc* »cVfntrf In tuMMtfifn (f} of frvtlpn 8f »f, OwiMtmrnt CM*. ft A ubrnfrofd w«>, M defined in wMlrWon (ml of fallen B1201, OMtrnmiwt (otto. 8««tlw» l. NatVr1th»rfnd(no the frnwldom of frirtlen I, ner oVrHlna, juMt hoiiu, fetrn «mffloy** touring or firm)su>r ««mp that) b» vomiruvtw, *r*«red or milnuirwl upon »ny pwmw* BonteMnf in »rw of Iro (fun, Iff T,.,L""' xonitfngi«rmi|yd^mnpm»yb*o»ni(rueiM^mii)ntslniclwtH»»f«rnlMiiuB/iettothfieonlriet, Secllen 4. Th* ptrmim «ut>/ect to ihli Contr»ct tfltri not bf dl»l(J«) 10 « ttt enitf • pirotl of Ipnri h^ ••> an »r»» of Ini tnun ^.lUL.te'n, omMfd mat fhh mtrfeilOA fftall not be «un»trv«d a« prehlbjtlfig K*« o*W" of p<'> '«H hiving im «ra» of m«f« frtrt. IS.. Mm (Kewloifter r*ferrrt ta at m» O'»"ier> from eonvf ylng lo thr own»/ ol fjoUjw prtmfm Mfv'M to » Convtcr of «iw«) or lof»»«- vwptft* term i p*«i eofiulning in» ihin 13— « Mm for pureow «r trittrglnir «"'h c«tf Iguoui ormniwi wtnw* th» rcmdni/tr of tr» 0'intari»'i MM of noi, feu iMn __ •*»»»* meant #n *f*» of lintf InHudv* of thM Knd vyltriin MHrmwiii or rfghn o< wvr fw M"1», Kifttf apply lo In*mln unlew adMHWlM (pcvillMlly d?fln»d ntrrtn, HHK ci 03/27/95 13:22 CRRLTRS COMPRNY'09PM CTC^USTOMER SERVICE '" •' V«*o - S8 1590 ZONING ZONING KlsCLASSlFICATION—-' - - SAM DIEGO COUNTY ail P. 9/9 MHTKH OF LOT 0 fWVCHO /!«« CITY OF CARLSBAD o City of Carlsbad Planning Department March 14, 1995 Kenneth E. Trott Department of Conservation Office of Land Conservation 801 K Street, MS 13-70 Sacramento, CA 95814 SUBJECT: CARLSBAD RANCH/LEGOLAND PETITION FOR CANCELLATION AND NOTIFICATION OF POSSIBLE ACQUISITION OF CONTRACTED LAND FOR PUBLIC IMPROVEMENTS Dear Ken: Thank you for attending the March 1,1995 meeting at the City of Carlsbad to discuss the issues for the Carlsbad Ranch/Legoland Project related to the Williamson Act. The information you provided at the meeting will be of great assistance to City staff and our EIR consultant as we move forward in analyzing the proposal. Enclosed pursuant to your request is a copy of the petition for cancellation filed by the Carltas Company. Exhibit "B" attached to the petition references the Carlsbad Ranch Specific Plan filed with the City of Carlsbad. Because that document is over 250 pages in length I have enclosed various figures from that plan to give you an idea of what is being proposed. Lauren Sevrin of the Office of Permit Assistance has a copy of the entire plan should you wish to review it. Should you feel it necessary for your office to have a copy of the plan please let me know and I will have one mailed to you. This letter is also intended to serve as notification of the possible public acquisition of contracted land for the purpose of constructing public improvements. The specific public improvement is LEGO Drive (public) shown on Figure 12 from the Carlsbad Ranch Specific Plan (enclosed) which totals approximately 2.49 acres. The land is being acquired to provide public access to the lands remaining under contract as well as the development areas. The property is located south of the planned extension of Cannon Road. Adjacent lands consist of areas which will remain under contract as well as other areas which will be developed with nonresidential land uses (see enclosed exhibits). Also enclosed is a copy of the contract covering the land including the amendments previously approved to the contract and the Notice Of Non-Renewal which was filed. Should you need additional information please contact me at 438-1161, extension 4446. Sincerely, <x:by\ S DON NED Senior Planner Enclosures c: Community Development Director Planning Director Assistant Planning Director Chris Calkins, Carltas Company Lauren Sevrin, CA Trade & Commerce Agency, Office of Permit Assistance 2O75 Las Palmas Drive • Carlsbad, California 92OO9-1576 • (619) 438-1161 CflRlTAScompany July 1, 1994 JUL051994 CITY OF CARLSBAD „, -r ... PLANNING DEPT.City of Carlsbad 2075 Las Palmas Drive Carlsbad, CA 92009-4859 Attn: Martin Orenyak Community Development Director RE: Carlsbad Ranch - Agricultural Preserve No. 76-1 Dear Mr. Orenyak: Pursuant to Section 10 of the Land Conservation Contract, dated February 10, 1976, and Section 51282 of the Government code, we hereby petition the City Council for cancellation of the contract on the land identified on the attached map (Exhibit A). The proposed specified alternative use is visitor-oriented mixed use, with specialty family oriented park, lodging, and ancillary facilities, generally illustrated by the attached project documents (Exhibit B). A list of the government agencies known by us to have permit authority related to the proposed alternative use is also attached (Exhibit C). Please let us know if you require any further information from us for this petition to be deemed complete. Thank you for your consideration. Very truly yours, CARLTAS COMPANY . Calkins anager CCC/jp Enclosures 5600 AVENIDA ENCINAS • SUITE 100 • CARLSBAD, CALIFORNIA 92008 U.S.A. se-im WILLIAMSON ACT LANDS AGUA HEDIONDA LAGOOH PALOMAR AIRPORT NON-WILLIAMSON ACT LANDS 92.6 ACRES WILLIAMSON ACT LANDS REMAINING UNDER CONTRACT 149.7 ACRES WILLIAMSON ACT LANDS TO BE REMOVED 181.2 ACRES Exhibit B Carlsbad Ranch Specific Plan (Draft of July 1994) Filed separately with Community Development Department EXHIBIT C KNOWN ISSUING AGENCIES AND PERMITS REGION PERMITTING AGENCIES: 1. CITY OF CARLSBAD • BUILDING AND GRADING PERMIT • SPECIFIC PLAN AND RELATED IMPLEMENTING MATTERS 2. CALIFORNIA COASTAL COMMISSION • COASTAL DEVELOPMENT PERMIT (GRADING/FINAL MAP) • LOCAL COASTAL PLAN AMENDMENT LOCATION MAP CARLSBAD RANCH SPECIFIC PLAN AMENDMENT EIR 94-01/GPA 94-03/LCPA 94-03/ZC 94-02/ SP 207(A)/SP 144(G)/LFMP 87-13(B)/ AP 76-01 (D)/CT 94-09/PUD 94-07/ HDP 94-07/DEVELOPMENT AGREEMENT 94-01 CARLSBAD RANCH SPECIFIC PLAN AMENDMENT SPECIFIC PLAN 207(A) Approved by: City Council Ordinance No. DATE: Prepared for: Carlsbad Ranch Company Prepared by: Hofman Planning Associates February 27, 1995 FEB 2 8 1995 ACVA BID10VD4 UCOOff Figure 4 DEVELOPMENT SUMMARY ru—i DEVELOPMENT AREAS AGRICULTURAL GOLF COURSE NUMBER LAND USE ACRES (NET)DEVELOPMENT PROGRAM 1 2a,b 3 4a,b,c 5 6-12,14-15 13 16 17 18 19 20 AGRICULTURE SPECIALTY RETAIL GOLF G.I.A. VOCATIONAL SCHOOL GOLF RESEARCH & DEVT STREET "D" (PRIVATE) OPEN SPACE RESORT LEGO FAMILY PARK LEGO DRIVE (PRIVATE) COMMUNITY HOTEL & RETAIL PUBLIC ROADS TOTAL SPECIFIC PLAN: 53.42 26.65 45.61 28.93 26.46 40.01 1.97 10.00 52.80 128.32 0.94 10.48 21.81 447.40 AC 6 EXISTING FLOWER FIELDS 300,000 SF 4 HOLES OF GOLF 550,000 SF 3 HOLES OF GOLF 800,000 SF PRESERVE IN NATURAL STATE 700 SUITES; 647,000 SF 425,750 S.F. 212,080 SF; 280 ROOMS 2,934,830 SF AOffA JUZMOJOU HOOCH Figure 8 GENERAL PLAN LAND USES OSJ OPEN SPACE jjj REGIONAL COMMERCIAL 0/Wj OFFICE/PLANNED INDUSTRIAL TRj TRAVEL RECREATION COMMERCIAL G COMMUNITY COMMERCIAL 25 JOtU HtDKOTDA UOOOH Figure 9 ZONING DESIGNATIONS ru—i O| OFFICE PM] PLANNED INDUSTRIAL C-T] COMMERCIAL-TOURIST C-2J GENERAL COMMERCIAL O-S| OPEN SPACE Qj QUALIFIED DEVELOPMENT OVERLAY 26 SPECIFIC PLAN BOUNDARY PACIFIC Figure 10 PLANNING AREAS 1 GEMOLOGICAL INSTITUTE OF AMERICA 6 SPECIALTY RETAIL 2 RESEARCH & DEVELOPMENT/OFFICE 7 FLOWER FIELDS 3 COMMUNITY HOTEL & RETAIL 8a GOLF COURSE 4 LEGO FAMILY PARK 8b GOLF COURSE 5 RESORT 9 NATURAL OPENSPACE 27 ueooff PAClfIC OCXAfT Figure 12 NOTE: REFER TO TENTATIVE MAP PARCELIZATION Parcel Acres (net) 1 - AGRICULTURE 53.42 2 - RETAIL 15.95 3 - GOLF 45.61 4 - G.I.A./ALT. 10.87 5 - GOLF 26.46 6 - R&D 5.78 7 - R&D 5.78 8 - R&D 4.84 9 - R&D 4.00 10 - R&D 4.49 11 - R&D 4.49 12 - R&D 3.79 13 - STREET "D" 1.97 14 - R&D 3.38 15 - R&D 3.46 FOR PRECISE PARCEL LINES AND ,. ACflCACES ® ri«r Mr Mr— ru — i Parcel Acres (net) 16 - OPEN SPACE 17 - RESORT 18 - LEGO 19 - LEGO DR. (PRIVATE) 10.00 52.80 128.32 0.94 MAP 13078, LOT 3&4 - RETAIL 10.70 MAP 13078, LOT 5 - G.I.A. MAP 13078, LOT 6 - G.I.A. 10.30 7.76 CT92-7, LOT 14 - HOTEL/RETAIL 10.48 PASEO DEL NORTE POINTE PKWY. CANNON RD. LEGO DR. ARMADA DR. HIDDEN VALLEY RD. PALOMAR AIRPORT RD. 0.08 0.10 3.02 2.49 10.89 2.84 2.39 TOTAL SPECIFIC PLAN:447.40 oc FUTURE COMMUTER RAIL CORRIDOR PACIFIC OCXAM Figure 15 CIRCULATION PLAN EXISTING CIRCULATION PLANNED CIRCULATION PROJECT PROPOSED CIRCULATION o PROJECT PROPOSED PEDSTRIAN WAYS & TRAILS GRADE SEPARATED CROSSING FOR PEDESTRIANS & GOLF CARTS POTENTIAL TRANSIT STOP LOCATION. THE EXACT LOCATION TO BE DETERMINED AT THE TIME OF SITE DEVELOPMENT PLAN APPROVAL 52 City of Carlsbad Plannina Department FAX TRANSMITTAL DATE: TIME SENT: TO: COMPANY: ^77 o<Cr PHONE#: FAX#: NUMBER OF PAGES BEING TRANSMITTED: (INCLUDING FAX TRANSMITTAL) DEPT: PLANNING PHONE #: (619)438-1161 ext. FAX #: (619 438-0894 SPECIAL INSTRUCTIONS: 2O75 Las Palmas Drive • Carlsbad, California 92OO9-4859 • (619)438-1161 uOC 8 1993-0243908 V C?sBAD , 540 -0 Carlsbad Villsse Drive ) DF-'IAL RECORD: /•-•bad. California 92005-19-89) SAN DIEGO CDHIV RECORDER' 5 OFFICE .00 FEES: .00 .00 THIRD AMENDMENT TO ;:r" '"'"C "'' LAND CONSERVATION CONTRACT AGRICULTURAL PRESERVE NO. 76-01 APPLICATION NO. AP 76-01 (C) By this third amendment dared APRIL 12 ) 1993, C^rkas Company, a California Limited partnership, successor in interest as owner to Carlcas Corp'Craiion, (hereinafter referred to as "OWNER"^ and the City of Carlsbad, a political subdivision of ;hc State of California, (hereinafter referred to as "CITY"), the Land Conservation Contract dated February 10, 1976, by and between Carltas Corporation and the Ciry of Csrisbad (the ''Contract") is hereby amended pursuant to the provisions of Section 51237 cf the Government Code of the State of California in light of the following A. OW>,:ER. and CITY desire to further amend the contract to specify certain ccnditional uses permirtad -j^rder the Williamson Act. THEREFORE, it is agreed between OWNER and CITY as follows: SECTION 1. SPECIFIC USES. The list of uses delineated Ln sub-part B of Exhibit "3" tc the contract are hereby amended to add the following: (16) Public recreational^uses (including golf courses) otherwise consistent with open space uses. SECTION 2. CHANGE IN NOTIC5. Pursuant to the provisions of Section 16 cf the Contract, notice to OWNER shall be addressed as follows: Caritas Company, a California Limited Partnership 5600 Avenida Enemas, Suite 100 Carlsbad, California 92008 I 541 SECTION 3. RATIFICATION AND AFFIRMATION OF CONTRACT Excepc as hereinabove set forth, the land conservation contract dated February 10, 1976, is hereby ratified and confirmed. Executed on the date first written above. SECTION 4. RECORDATTON. The OWNER shall record this amendment. SECTION 5. AMENDMENT PROCEDURES. Amendment ofihis amendment of Land Conservation Contract Agricultural Preserve No. 76-01 shall not occur until all conditions and contingencies specified in the agreements have been satisfied. CARLTAS COMPANY, A CALIFORNIA LIMITED PARTNERSHIP By: ?AUL ECKE, JR., GENERAL PARTNER /'OWNER" Cm70F CARLSBAD, A MUNICIPAL CORPORATION By: , CLAUDE A. LEWIS, MAYOR "CITY" (Notarial Acknowledgements) -2- >. Q-.-''35/93 i: of ere ms, D<ane S. Fischer. Notary Public -*'c NAMs. TiTLZ C.- •^•?F-Cc?1 - e.G "!*.>;? C^£ ^ATi^vCt: _ ?rCsS - S.G.. 'JANE DCS. NCTA3Y PVJL ECKE, JR.:.cnaily appeareo. •2j personally known to me • OR - Q proved Jo'me on the basis of satisfactory evidence to be the perscnOKj. wnose namaOJ is/a^e- subscribed !o the within instrument and ac- knowledged to me that rr^hi'thsy executed the same in his/hor/thei' authorized capacityf***), and lhat by his/****4tWtf aigr.atureCX) on the instrument the person(X), or the entity upon behalf of which the person^ acted, executed the instrument. WITNESS my hand and official seal. ••« OPTIONAL SECTION CAPACITY CLAIMED BY SIGNEi s:a!u!« doaj noi requif* 1.19 Nea/v - n» in tn« aa;a c«lo*. oo?ng so may yr-, inv3U.ao>« to OMnons ,'otvmg on ir.a ftxum*'! Q INDIVIDUAL Q CORPORATE OFrlCcR(S) PAPiTNERfS) Q LIMITED [7j G5NERAI. ATTCRNSY-IN-FACT Q THUSTEE(S) GUArDIAN/CDNSHRVATOa OTHER: SIGNER IS REPRESENTING: NAME OF PEB3CWS) OR ENnri'iiESi Cd r?tas Com pa n y, a ' Ca M forma 1 imited^pa rtnerjhl o OPTIONAL SECTION "-'S CE.=.T:=;CAT= MUST == ATTACKS:: TO TITLSCS r/p= c.= OOCUMSNT.Amend, to Land Conservation Contra; NL'.VSsR O= PAGHS DATE OF DOCUMENT , GNERS- OTHER THAM NAMED ABOVE ,_CUude_A. _Lewis, Mayor I (532 NATIONAL NOTARY ASSOCIATION • 65S6 Rft,-nm«i Av».. P O Box ~^y^gy^>.7y;^.-g? Canoga Parx. CA rr, - a 'J 1 e Z: on K_arsr. X. Kur.dtz, Nocarv_Publi NAME. T:?.L C' CF.--CM • I G. '^V<J COi <^X3Y l»j3'»C' - = :sc."!;..:y -:r,own to r.s - OR - D proved to me on ths basis of satisfactory evidence to be the person(s') whose nameis) is/affr- subsc.-ibea to the within instrument and ac- kncwieciged !c me that the executed SN R KUNDTZ «J8l!C • S»OL 27. same in his/heftthefr authorized '/ffew. and that by his/t^e-h'frh-e-ir signature!*} on the instrument the person(a), or the en tit/ upon behalf of which the personal acted, executed the instrument. Witness my hand and official seal. . CAPACITY CLAIMED BY SIQNE. Q iW CORPORATE OrFIGER(S) _ PARTN£R(S) Q TRUSPEEfS) n SUBSCRIBING WITNESS Q GLJARDIAN/CCNSSRVATOR GQ OTH£R; May.^r , fM r Carlsbad SIGNER IS REPRESENTING: NAME Of P£«SCN(5l OR £NriTY|!ES> Citv of Carlsbad ' """EMTIDN NOTARY: AII.-CJ "i-..^ CE.RTIFiCATE '.!;JSTBS ATTACHED -Q THE DOCUMENT JED AT RIGHT: rj-.isn reQuestftd ieio* <1 OPTIONAL n cw«« C«8»9r.t !;aud>jlar.i ana-.nm«n; <y INS certit.caia ;o unauir.gc.iM oocu.ii«rt. Title or Type of Dccumsnt 3rd. Aaerrirsenc co Land Conservation Concract Nymber of Paces 2 Date of Document ^/l-/93 Paul Ecke. Jr.igners) Other Tnsn Named Above City of Carlsbad Planning Department FAX TRANSMITTAL DATE: TIME SENT: / Q .' / 3- ft T0: COMPANY:pp. PHONE*: NUMBER OF PAGES BEING TRANSMITTED: (INCLUDING FAX TRANSMITTAL) FROM: DEPT:PLANNING PHONE #: (619) 438-1161 FAX #: (619 438-0894 SPECIAL INSTRUCTIONS: 2O75 Las Palmas Drive • Carlsbad. California 92OO9-4859 • (619) 438-1161 CPRlTflScompflnv July 1, 1994 JUL051994 CITY OF CARLSBAD „ fn ,. . PLANNING DEFT.City of Carlsbad 2075 Las Palmas Drive Carlsbad, CA 92009-4859 Attn: Martin Orenyak Community Development Director RE: Carlsbad Ranch - Agricultural Preserve No. 76-1 Dear Mr. Orenyak: Pursuant to Section 10 of the Land Conservation Contract, dated February 10, 1976, and Section 51282 of the Government code, we hereby petition the City Council for cancellation of the contract on the land identified on the attached map (Exhibit A). The proposed specified alternative use is visitor-oriented mixed use, with specialty family oriented park, lodging, and ancillary facilities, generally illustrated by the attached project documents (Exhibit B). A list of the government agencies known by us to have permit authority related to the proposed alternative use is also attached (Exhibit C). Please let us know if you require any further information from us for this petition to be deemed complete. Thank you for your consideration. Very truly yours, CARLTAS COMPANY . Calkins 5600 AVENIDA ENCINAS • SUITE 100 • CARLSBAD, CALIFORNIA 92008 U.S.A. (619) 431-5600 FAX (619) 431-9020 Exhibit B Carlsbad Ranch Specific Plan (Draft of July 1994) Filed separately with Community Development Department EXHIBIT C KNOWN ISSUING AGENCIES AND PERMITS REGION PERMITTING AGENCIES: 1. CITY OF CARLSBAD • BUILDING AND GRADING PERMIT • SPECIFIC PLAN AND RELATED IMPLEMENTING MATTERS 2. . CALIFORNIA COASTAL COMMISSION • COASTAL DEVELOPMENT PERMIT (GRADING/FINAL MAP) • LOCAL COASTAL PLAN AMENDMENT AGCfA HO3IONDA LAGOON PACIFIC OCXAN Figure 5 WILLIAMSON ACT LANDS NON-WILLIAMSON ACT LANDS 92.6 Acres WILLIAMSON ACT LANDS REMAINING UNDER CONTRACT 149.7 Acres WILLIAMSON ACT LANDS TO BE REMOVED 181.2 Acres SPECIFIC PLAN BOUNDARY 4CM OJUOfOU LtCOOJf PAOflC OCXAff Figure 10 PLANNING AREAS 1 GEMOLOGICAL INSTITUTE OF AMERICA 2 RESEARCH & DEVELOPMENT/OFFICE 3 COMMUNITY HOTEL & RETAIL 4 LEGO FAMILY PARK 5 RESORT 6 SPECIALTY RETAIL 7 FLOWER FIELDS 88 GOLF COURSE 8b GOLF COURSE 9 NATURAL OPENSPACE !I Ml Si a i 01 -23- CiLA ur 01 manfu -01-* NG«»*• * •»* V |H • w « ^aim • MR AC PR (C) - ACRICU.TURAL PRESERVE (CONTRACT) DETAIL "A" - 1"= SMtOEGOCOMn US 1 211-1 SHT 2 | 1" - 4 _ -*, — *gn U13O78s"" s i xssanutf -02OF 2 00' V^Ofy) i /@ -^l">«» ^^^ "^PT 8LOT F MAP 13078-CARLSBAD TCT NO 92-7 UNITS 1 & 2 MAP 823 - RHO AGUA HEDIONDA - FOR LOTS H & F SAN DEW COUNTY ASSESSOR'S HAP i 211 ~02SHT 1 OF 2 1" = 400' . —' •*•*! • mi *UL PALOMAfijaRPogrRD-MAP 13078-CARLSBAD TCT NO 92-7 UNITS 1 & MAP 823 - RHO AGUA HEDIONDA. POR LOT HROS 12462,13466 ( ( PROJECT MEMO f p en, OF CARLSBAD — PLANNING DEPARTU.^NT TO: G>ary VjaymQ DATE: "\Tu (v I ^- 19. FROM: Don AJe-U TIME: *J< 5TO fi-M. -s~- I L I £ /PROJECT/PERMIT NO C_^rf?/y?g/ Rzncn SUBJECT: f\v\c^crryf\ O~ G £)Cr~hc^. Q-f "f -ain. CctnSQ'T \jcf4ro-i /5T Q^__ Chf>> G>/Jc/r?.C CSU+lin/no "f/B__ ._ <oor cn Of "^lanning-Bifeetef/Acting Agent WHITE - Job Site; YELLOW - File; PINK - Inspector