HomeMy WebLinkAboutAP 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withdrawn request.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
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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.
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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 ȣ 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.
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prtmfm Mfv'M to » Convtcr of «iw«) or lof»»«- vwptft* term i p*«i eofiulning in» ihin 13— « Mm for
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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.
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