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Home My WebLink AboutAP 76-01D; Carlsbad Ranch - Lego; Agricultural Preserves (AP) (3)Notice of Exempt To: X County Clerk County of San Diego Attn: Mail Drop C-ll 220 West Broadway San Diego, CA 92101 P " n IL E IE Gregory J. Smith. Rwerder/CountyClwk From: City of CarlsMd .- """ fes*. *^ / f*i '- Planning Department 2075 Las PalmafiDr. 1996 /• Carlsbad, CA 92%9 (619) 438-1161 '"k.t> Subject: Filing of this Notice of Exemption is in compliance with Section 21152b of the Public Resources Code (California Environmental Quality Act). Project Title Carlsbad Ranch Williamson Act Contract Amendment (4th Amendment) Project Location - Specific North of Palomar Airport Road, south of the future Cannon Road Extension, east of Paseo Del Norte, and west of Local Facilities Management Zones 5 and 8. Project Location - City: Carlsbad Project Location - County San Diego Description of Project: Amendment of Williamson Act Contract AP 76-01(D) for the Carlsbad Ranch Name of Public Agency Approving Project: City of Carlsbad Name of Person or Agency Carrying out Project: Carltas Company Exempt Status: (Check one) .. Ministerial (Sec. 21080(b)(l); 15268); Declared Emergency (Sec. 21080(b)(3); 15269(a)); Emergency Project (Sec. 21080(b)(4); 15269(b)(c)); _ Categorical Exemption. State type and section number: X Statutory Exemptions. State code number: CEOA Guidelines Section 15061(b)(3) Reasons why project is exempt: The amendment of the existing contract to update the cancellation provisions to be consistent with current Government Code requirements will not have a significant effect on the environment. Lead Agency Contact Person: Don Neu Area Code/Telephone/: (619) 438-1161, x4446 If filed by applicant: 1. Attach certifieddocument of exemption finding. 2. Has a notice j^^emptien.beed filed by the public agency approving the project? Yes No Signature/Date: - / 3 -Title: Planning Director / . Signed by Lead Agency Signed by Applicant OF THE COUHTT OXiBKK, OO COUNTY 0* BJ^CB^D TO AGBKCY 0^ DEPUTY DN:kr Revised October 1989 PROOF OF PUBLICATION (2010 & 2011 C.C.P.) STATE OF CALIFORNIA County of San Diego I am a citizen of the United States and a resident of the County aforesaid: I am over the age of eighteen years and not a party to or interested in the above- entitled matter. I am the principal clerk of the printer of North County Times formerly known as the Blade-Citizen and The Times-Advocate and which newspapers have been adjudged newspapers of general circulation by the Superior Court of the County of San Diego, State of California, under the dates of June 30, 1989 (Blade-Citizen) and June 21, 1974 (Times- Advocate) case number 171349 (Blade-Citizen) and case number 172171 (The Times-Advocate) for the cities of Escondido, Oceanside, Carlsbad, Solana Beach and the North County Judicial District; that the notice of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: January 25, §996 i certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at California, this Jan. 1996of 25th NORTH COUNTY TIMES Legal Advertising This space is foi _,ie County Clerk's Filing Stamp Proof of Publication of City of Carlsbad Notice of Decision * Purs appi Con FIN REC PUI I.Si N C se th 4, 2. Se r- 2897 or call 754-9999 Pleasant phone work $5-$12 PER HOUR RADIO STATION PROMOTION 960 Second St., #202, Encinitas 634-5167 RECEPTIONISTPermanent PT Receptionist to work with us in our Mission to provide excellent care and ser- vices to our senior residents. Pleasant surroundings. Please; apply in person between the hours of 8:00am and 4:00pm. To Redwood Terrace, 710 W.13th Ave, Escondido. No phone calls please. RECEPTIONIST We are looking for someone with EXCEPTIONAL Custom-er Service Skills to join our very SUPERCUTS ENCINITAS 942-7122 ocrcoTIOMIST IDtentrh/Rose- lUIIAJouupiieo. u«aac, uunub ot comm. PT. 1-800-221-HAIR SALES for Men's Tux co. F/T,evenings/wknds. Hourly+com- mission.Oppty for advancement.Night & Day Formalwear, Oceanside 433-6616 SALES-AVON Earn up to 50%. No door to door nee. Indiv rep Call 1-800-333-1383 SALES - AVON $200-$1200/mo Comm.ril Teach YouCall Minnie 758-2292 Ind Rep SALES: Health & Environment Co. looking forpeople willing to change their future. Training avail. Call Lori 619-677-9480 SALES: Managmt/'posit. environ, teamwork commiss Curr. reps making $15K/Mo. 941-4877 SALESPERSON- PART-TIMEEXPERIENCE IMPORTANT YOU WORK AS INDEPENDENT CONTRACTOR FROM YOUR HOME. SOME TRAVEL 8 HRS/WK. FEE PLUS Guarante week t< nec...pcyou co $1000+ first wk..cold call Full ben 9144 EC TELE No selling co. took offer frei ary&cor /wk+&hi day&st TELEMAvoiceTelem,$250/wlFri. Call TEI APPO TopPe $500- ;SNIRLONAnaimosavS3CXUVHJ. fSW-009-008 " ow/969$ (s.ojo e) W bs OOZ 'ZQ s»S »AV;nu)S3u. JO . OIJ108|3 f SBUI|IEJ JOJ JO)!aouauadxa sjA QI y 6J6E-9ei-6|.9 HE•A)iun)joddo 6ui>teuj I •Qsu-dxg o PROOF OF PUBLICATION (2010 & 2011 C.C.P.) STATE OF CALIFORNIA County of San Diego I am a citizen of the United States and a resident of the County aforesaid: I am over the age of eighteen years and not a party to or interested in the above- entitled matter. I am the principal clerk of the printer of North County Times formerly known as the Blade-Citizen and The Times-Advocate and which newspapers have been adjudged newspapers of general circulation by the Superior Court of the County of San Diego, State of California, under the dates of June 30,1989 (Blade-Citizen) and June 21, 1974 (Times- Advocate) case number 171349 (Blade-Citizen) and case number 172171 (The Times-Advocate) for the cities of Escondido, Oceanside, Carlsbad, Solana Beach and the North County Judicial District; that the notice of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: January 25, 1996 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at California, this Jan. 1996 Of NORTH COUNTY TIMES Legal Advertising This space is for ..ie County Clerk's Filing Stamp Proof of Publication of City of Carlsbad Notice of Decision uistriDUlor, tax resume / 2897 or call 754-9999 Pleasant phone work ™&W&ON960 Second St., #202 Encinitas 634-5167' RECEPTIONISTpSnTh tPTRe°ep«°nisttowork with us in our Mission to provide excellent care and ser- vices to our senior residents Pleasant surroundings. Please-'apply in person between thehours of 8:00am and 4:00pmT° Redwood Terrace, 710 W13th Ave, Escondido. Nophone calls please. ^RECEPTIONIST^^^^o^sr1 lufcee^,STkSJOinOUrV^ is/suppuesr fla-s—JSTiuTcmm. PT. 1-800-221-HAIR SALES for Men's Tux co F/T eyenmgs/wknds. Hourly+com-mi^'°n;°PPty for advancement.ght & Day Formalwear, Oceanside 433-6616 "M^ H°"M.VUJ* Earn "P to 50%.No door to door nee. Indiv rep Call 1-800-333-1383 RECEPTIONIST /Disptch/ReTe-rvation. PT/FT,Resume: PTI P.O.Box 2164, Visa CA. 92085 RESTAURANT El Polio LocoCounterperson, Cashiers &D"vner.s. Start $5/hr. EEOC7120 Avemda Encinas, Crlsbd. RESTAURANT/DELI : FT. A«t Manager. $6/hr start. Near DeiMar. Leave msg. 634-3085 RESTAURANT/DELI F/T POSitiOnS Del Mar a*.- * 'I™™0 tiomm.l'll Teach You Call Minnie 758-2292 Ind Rep .SALES: Healths,Environment Co. looking forPeople willing to change theirfuture. Training avail Call Lori 619-677-9480 SALES: Managmtfposit. environ, teamwork commiss. Curr repsmaking $15K/Mo. 94M877 SALESPERSON- PART-TIMEEXPERIENCE IMPORTANTY°U WORK AS INDEPENDENT C°HNOTM^CST§SFFR^,X?UR rnnfARY 1 P6™" <"«<*,construction need dependable detail oriented individualw/strong secretarial & comput- er skills. Excel, Word, AccessQuickBooks. Duties also in- WAIT STAFF Knowtedge of Italian foodhelpful Apply at Amedeo's_ Italian Cafe, 2780 State R» . Exceptional sec-retenal skills. Excellent public re- •S5S Guarsweenee..you$10C first vcold.Fullt 9144 TELNo sel:co. Icoffer1 arySic/wk+( days TELEBvoicTele$250/Fri. C TAPR TopF $500 Our PecHavingcheck e nished, salary-Hi Call Nbv 431-430 fowfineat, C Live-in idrug tes willing to City of Carlsbad Planning Department CITY OF CARLSBAD NOTICE OF DECISION Notice of Decision, pursuant to California Government Code Section 51284, is hereby given that the City Council of the City of Carlsbad held a public hearing on January 9, 1996, at 6:00 p.m. at the Carlsbad Safety Center located at 2560 Orion Way, Carlsbad, California. At the public hearing the City Council adopted Resolution No. 96-2 approving amendments to Williamson Act Contract Number 76-1 and approving Tentative Partial Cancellation of the Williamson Act Contract on portions of land totalling approximately 179.11 acres of the 325.46 acres under contract. The area approved for cancellation is depicted on the figure below. The cancellation area is generally described as portions of the Office/Research and Development, LEGOLAND, Resort, and Specialty Retail Planning Areas and LEGO Drive of the Carlsbad Ranch Specific Plan and detailed as follows: Planning Areas 2 Description R&D Assessor's Parcel No. 211-023-05 211-022-05 211-022-06 Area (AC) 7.00 11.19 2.68 TOTAL 20.87 4 LEGO 211-023-06 211-022-05 5.34 88.01 TOTAL 93.35 5 Resort 211-023-06 211-022-05 39.52 8.34 TOTAL 47.86 6 Specialty Retail 211-023-02 15.95 TOTAL 15.95 LEGO Drive (Public)211-023-05 1.08 TOTAL 1.08 Pursuant to California Government Code Section 51282 the City Council approved tentative cancellation of Williamson Act Contracts on portions of land totalling approximately 179.11 acres covered by Williamson Act Contract Number 76-1 based on the following findings: 2O75 Las Palmas Drive Carlsbad, California 92OO9-1576 (619) 438-1161 FINDINGS PURSUANT TO SECTION 51282(b) - SUBFINDINGS REGARDING CANCELLATION CONSISTENCY WITH THE PURPOSES OF THE WILLIAMSON ACT 1. Section 51282(b)(l) - That cancellation is for land on which Notice of Nonrenewal has been served. Cancellation is for land on which a Notice of Nonrenewal has been served, as evidenced by Document number 91-0514607, recorded in the Office of the County Recorder of San Diego County on October 4, 1991. 2. Section 51282 (b) (2) - That cancellation is not likely to result in the removal of adjacent lands from agricultural use. Cancellation is not likely to result in the removal of adjacent lands from agriculture because: (1) outside the Project, there are no agricultural areas adjacent to the Project that the Project will cause to be converted from agriculture or from uses compatible with agriculture; (2) within the Project, cancellation will have positive consequences for the most viable and highest quality agricultural lands; (3) within the Project, cancellation and coordination with the City on a proposed possible municipal golf course may result in the preservation of open space and conversion of agricultural land to a golf course, a use compatible with agricultural purposes according to both statutes and the contract; and (4) within the Project, the conversion to research and development/office and commercial uses of noncontracted land currently used for agricultural purposes is a result of the existing Specific Plan 207, not the Specific Plan Amendment or this cancellation. Further, pursuant to Section 51282(d), the existing agricultural use is uneconomic, and there is no other reasonable or comparable agricultural use to which the land may be put. 3. Section 51282 (b) (3) • That cancellation is for an alternative use which is consistent with the applicable provisions of the General Plan. Cancellation is for alternative uses which are consistent with the General Plan. 4. Section 51282 (b) (4) - That cancellation will not result in discontiguous patterns of urban development. Cancellation will not result in discontiguous patterns of urban development because the Project is an infill project. 5. Section 51282(b) (5) • That (i) no proximate noncontracted land is both available and suitable for the proposed use, or (ii) development of the subject contracted land would provide more contiguous patterns of urban development than development of proximate noncontracted land. (i) No proximate noncontracted land has the same attributes to meet the criteria of LEGOLAND, which is a key element of the Project. The LEGO Project is site specific and requires the integrated whole of the Project, including the resort and The Flower Fields elements; and, (ii) No proximate noncontracted land has the same visibility and circulation patterns to make it as suitable for regional uses; Alternatively, (iii) The Project is an infill development, and therefore provides more contiguous urban development than other proximate sites; and (iv) The existing approved Specific Plan (SP 207) plans and anticipates the development of approximately 1.88 million square feet of office, retail, and hotel in the noncontracted areas around which the agricultural preserve wraps. Therefore, this revised Specific Plan master plans development in a more contiguous manner than would otherwise exist without it. FINDINGS PURSUANT TO SECTION 51282(c) - FINDINGS REGARDING CANCELLATION IS IN THE PUBLIC INTEREST 1. Section 51282(c)(l) - That other public concerns substantially outweigh the objectives of the act. Cancellation of the contract is necessary to implement the Specific Plan 207(A), the General Plan Amendments, and the Specific Plan Amendment Environmental Impact Report. The years of remaining restriction if the contract is not cancelled provide no significant public benefit; may not result in the continued agricultural uses on the property during the entire time; will find adjacent property impacted by the currently approved Specific Plan allowing development of 1.88 million square feet of retail, office, research and development, and hospitality, and are substantially outweighed by community needs for open space and recreational facilities, jobs and community development, and the educational benefits of the Project. 2. Section 51282 (c) (2) - That (i) no proximate noncontracted land is both available and suitable for the proposed use, or (ii) development of the subject contracted land would provide more contiguous patterns of urban development than development of proximate noncontracted land. (i) No proximate noncontracted land has the same attributes to meet the criteria of LEGOLAND, which is a key element of the Project. The LEGO Project is site specific and requires the integrated whole of the Project, including the resort and The Flower Fields elements; and, (ii) No proximate noncontracted land has the same visibility and circulation patterns to make it as suitable for regional uses; Alternatively, (iii) The Project is an infill development, and therefore provides more contiguous urban development than other proximate sites; and (iv) The existing approved Specific Plan (SP 207) plans and anticipates the development of approximately 1.88 million square feet of office, retail, and hotel in the noncontracted areas around which the agricultural preserve wraps. Therefore, this revised Specific Plan master plans development in a more contiguous manner than would otherwise exist without it. FINDINGS PURSUANT TO JUDICIAL DECISIONS - Sierra Club v. Citv of Havward 28 Cal 3rd 840 (1981) A. Although the Court noted that the statutes prefer Nonrenewal to cancellation of land under contract, neither the City nor the landowner could have foreseen the need for cancellation in 1986. The City has minimized the land upon which cancellation will occur, with a significant amount of land within the preserve maintained under a contract which will expire by Nonrenewal, rather than cancellation. B. The City is using cancellation to further the Williamson Act goals of agricultural and open space preservation and of orderly urban development. The public interests advanced by the proposed cancellations are not merely local, but regional and statewide. The benefits of the Project from education, new job creation and sustainable economic development, local government fiscal strength, and infrastructure provision outweigh the public interests in open space at this location. C. The City has conducted a thorough analysis of Project alternatives and alternative sites under CEQA, and concluded no better alternatives to the proposed cancellation exist. A more comprehensive record of the City Council's findings, including discussion and supporting documentation, is available at the Planning Department, 2075 Las Palmas Drive, Carlsbad, CA 92009. If you have any questions regarding this Notice of Decision, please contact Don Neu at the Planning Department by telephoning (619) 438-1161, extension 4446. CASE NAME: CARLSBAD RANCH/LEGOLAND SPECIFIC PLAN AMENDMENT CASE FILE: AP 76-01 (D) PUBLISH: JANUARY 25, 1996 LA.SOOM 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 Contract179.11 NOTICE OF PUBLIC HEARING APPLICATION FOR WILLIAMSON ACT AGRICULTURAL CONTRACT CANCELLATION - AP 76-0101) 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 non- renewal 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 APNi 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 approxi- mately 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 21,1995 CITY OF CARLSBAD CITY COUNCIL MWKTSOAtT ci mas TO g too/iD mm exsnm warns USSCSCB'S PARCEL MUHBOi 107.54 6-C-Sun-Dec.21,1995