HomeMy WebLinkAboutCT 94-09; Carlsbad Ranch Company LP; 1996-0107755; Land Conservation"DOG i 1996-0107755
^5-riAR-1996 09*52 API
OFFICIAL RECORDS
'S OFFICE
huuKLiLk
3iOO
RECORDING REQUESTED BY AND )
WHEN RECORDED MAIL TO: ) 779
)
City Clerk )
CITY OF CARLSBAD )
1200 Carlsbad Village Drive )
Carlsbad, CA 92008 )
m DIEGO COUHTY RECORDER'S OF
GREGORY SHITH, COUHTY RECORD
RF= 14,00 FEES:
AFs IP. 00
HF= 1.00
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. 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
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 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-
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 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
-3-
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 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.
-4-
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
respepjfoe conditions for thjatfjzancellation area set forth in Section 5, above.
City of Carlsbad
IS; Mayor Date
ATTEST:
ALETHA L. RAUTENKRANZ, City ClerkJ
City of Carlsbad
(SEAL)
-5-
EXHIBIT "A"
ASUA HOIOHDA HGOOM 784
_ROAO CXTtNy.>>-^ V
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
ATTACHMENT "E-f
1XGOOX
785
._
—"-•«=——
CARLSBAD RANCH: CANCELLATION AREAS
A.
B.
C.
D.
E.
Specialty Retail Cancellation Area -15.95 Acres
Research and Development/Office Cancellation Area - 20.87 Acres
LEGO Drive Cancellation Area -1.08 Acres
LEGOLAND Cancellation Area - 93.35 Acres
Resort Cancellation Area - 47.86 Acres
EXHIBIT "B"
0'1600'786
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
Dote: 10/09/95 Tpme: 13: PC 01 niE=F:\J08S\891014\LGOEXWM.DWG
EXHBIT"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 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-1".
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
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 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.
EXHIBIT "B"
789
1600'
8<xy
SCALE: 1" = 800'
PALOMAR AIRPORT ROAD
WILLIAMSON ACT LANDS TO BE REMOVED FROM EXISTING PARCELS
ASSESSOR'S PARCEL NUMBER
211-022-05
211-022-06
211-023-02
211-023-05
211-023-06
AREA (Acres)
107.54
2.68
15.95
8.08
44.86
EXHIBIT "C"790
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-1".
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 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.
ATTACHMENT "E-1"
l^GOOX
792
—: ^*" ^WAQ i i . •«" - ^"^^' \ _
wane
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
City of Carlsbad
Office of the City Clerk
February 26, 1996
Gregory J. Smith
County Recorder
PO Box 1750
San Diego CA 92112-4147
Enclosed for recordation is the following described document:
Certificate of Tentative Partial Cancellation Pursuant to
California Land Conservation Act of 1965
APN: 211-022-05 & 06, 211-023-02, 05 & 06
Also enclosed are instructions on how the City is to be billed
for the recordation fees incurred.
Thank you for your assistance with this matter.
KATHLEEN D. SHOUP
Sr. Office Specialist
1 2OO Carlsbad Village Drive • Carlsbad, California 92OO8 1 989 • (619)4342808