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HomeMy WebLinkAbout1996-01-09; City Council; Resolution 96-21 2 3 4 5 6 7 Q 0 RESOLUTION NO. 96-2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD APPROVING AMENDMENTS TO APPROVING TENTATIVE CANCELLATION OF THE WILLIAMSON ACT CONTRACT ON PORTIONS OF LAND TOTALING APPROXIMATELY 179.11 ACRES COVERED BY WILLIAMSON ACT CONTRACT PORTIONS OF THE RESEARCH AND WILLIAMSON ACT CONTRACT NUMBER 76-1 AND NUMBER 76-1 AND GENERALLY DESCRIBED AS 8 9 10 11 12 l3 14 15 16 17 18 l9 20 21 22 23 24 25 26 27 28 DEVELOPMENT/OFFICE, LEGOLAND, RESORT, AND SPECIALTY RETAIL PLANNING AREAS AND LEG0 DRIVE OF THE CARLSBAD RANCH SPECIFIC PLAN 207(A). CASE NAME: CARLSBAD RANCH/LEGOLAND SPECIFIC PLAN AMENDMENT CASE NO: AP 76-01(D) WHEREAS, the Carlsbad Ranch Specific Plan Amendment (the “Spe Plan”) was approved by the City Council of the City of Carlsbad (the “Council”) on t 16th day of January , 1996, by Ordinance No. NS-344 ; and, the Carl, Ranch Specific Plan Amendment Program Environmental Impact Report (the “EIR) certified by the Council on this 9th day of January , 1996, by City Coi Resolution No. 96-1 , and the Statement of Overriding Considerations and Mitiga Monitoring Program was adopted by the Council on this 9th day of January 1996, by City Council Resolution No. (collectively, the “certified EIR’). 96-1 WHEREAS, development contemplated by the approved Specific Plan “Project”) provides for an integrated whole inclusive of agriculture at The Flower Fic golf course, open space, education, LEGOLAND, resort, specialty retail, and research development/office uses. .... 1 * 3 4 5 6 7 8 9 10 11 12 13 l4 15 16 17 18 19 2o 21 22 23 24 25 26 27 28 0 0 WHEREAS, the Project’s approximately 447.4 acres include the 328.84 Agricultural Preserve Number 76-1, established by Resolution 76-3851 of the Counc recorded in the Office of the County Recorder of San Diego County (the “Recor Office”) as Document Number 76-059757 on March 1, 1976. WHEREAS, the then current landowner and the City of Carlsbad en1 into Williamson Act Contract Number 76-1, (the “Contract’’), recorded in the Recor Office on March 1, 1976, as Document Number 76-059758. The Contract was ame by that certain First Amendment to Land Conservation Contract recorded on May 7, in the Recorder’s Office as Document Number 93-0286978; that certain Se Amendment to Land Conservation Contract recorded on December 29, 1988 in Recorder’s Office as Document Number 88-672971; and that certain Third Amend1 to Land Conservation Contract recorded on April 21, 1993 in the Recorder’s Offic Document Number 93-0243908. The Contract and said Amendments are on file wit1 City of Carlsbad. WHEREAS, a Notice of Nonrenewal has been served for all parcels wj the Agricultural Preserve, as evidenced by Document Number 91-0514607, recorded ir Recorder’s Office on October 4, 1991. WHEREAS, a Petition for Tentative Cancellation for portions of 1 depicted in Exhibit “A dated January 9, 1996, attached hereto (the “cancellation lan subject to Contract Number 76-1 was submitted to the City of Carlsbad by Ca Company, a California limited partnership, (the “applicant”) the then current landov of the land depicted in the Petition as Williamson Act land to be removed from Coni (the “cancellation lands”). -2- - 1 2 3 4 5 6 7 8 9 lo 11 12 13 14 15 1 6 17 18 19 20 21 22 23 24 25 26 27 28 e 0 WHEREAS, a request for further amendment of the Contract and o boundary of Agricultural Preserve Number 76-1 was submitted to the City of Carlsba the current landowners of the lands covered by the “Contract” on December 20, 19! WHEREAS, the alternate uses proposed by the applicant inc commercial, office/industrial, resort, educational, and themepark uses described ir approved Specific Plan Amendment and the certified EIR. WHEREAS, pursuant to Section s 15162 and 15168 of the Stat California Environmental Quality Act (“CEQA) Guidelines, the City of Carlsbad reviewed the proposed request for amendment of Williamson Act Contract and tent cancellation on portions of land totaling approximately 179.11 acres thereunder anc determined that the contract amendment is exempt form CEQA pursuant to Sec 15061(b)(3) of the Guidelines and that the tentative cancellation request is within scope of the approved Specific Plan, and that the certified program EIR adequ; describes the associated potential impacts and mitigation measures and no environmental documentation is required for the purposes of CEQA. WHEREAS, on this 16th day of January, 1996, the City Council apprc the Project’s proposed alternate uses as described in the Specific Plan by adopting Council Ordinance No. NS-344 approving the Specific Plan; and on this 9th da January, 1996, adopted City Council Resolution No. 96-1 amending the City of Carl General Plan. WHEREAS, the City of Carlsbad has caused to be published a Notic Public Hearing pursuant to California Government Code Section 51284, 15168, and 6 has caused the Public Notice to be posted on the lands proposed for cancellation, anc mailed a Notice of Public Hearing and a copy of the Petition to the Director ol -3- 1 2 3 4 5 6 7 8 9 lo 11 12 13 14 15 16 1 7 l8 19 20 21 22 23 24 25 26 27 28 0 e California State Department of Conservation and certain landowners pursuar California Government Code Section 51284. WHEREAS, the City Council of the City of Carlsbad held a public he; on the 9th day of January, 1996, to take public testimony and consider the reques Contract and Agricultural Preserve boundary amendment and tentative partial cancella WHEREAS, the City has formally requested by letter of September 20,3 that the San Diego County Assessor certify to the City of Carlsbad the full market \ of the cancellation lands for purposes of calculating the cancellation fee pursuam Government Code Section 51283. The cancellation fee shall be calculated by the pursuant to Section 51283 and certified to the County Auditor, based upon the numb( acres being canceled and the cancellation value per acre finally certified to the Cil Carlsbad by the County Assessor. WHEREAS, by letter of October 23,1995, to the City, the County Asses pursuant to Government Code Section 51283, certified the current fair market value the 182.49 acres for which cancellation was requested under California Land Conserva Act Contract No. 76-1 as $14,300,000.00; and WHEREAS, the cancellation fee is 12.5% of the certified current fair ma. value for the area proposed for cancellation; and WHEREAS, the acres for which cancellation is sought has been redu from 182.49 acres to 179.11 acres based on the dedication of 3.38 acres of Armada D which were dedicated as a public improvement on Final Map Number 13215, approve1 the City of Carlsbad and recorded on June 30, 1995, as File Number 95-027769. WHEREAS, the applicant, by letters of November 9, 1995, and Decem 15, 1995, to the County Assessor, has asked that reconsideration be given to the -4- 1 2 3 4 5 6 7 8 9 lo 11 12 13 14 15 16 l7 18 19 20 21 22 23 24 25 26 27 28 0 0 market value of only two of the five parcels involved, Assessor's Parcel Number 21 1-02 and Assessor's Parcel Number 211-023-06 for the reasons contained in said le ("Informal Appeal"); and WHEREAS, Government Code Section 51203 provides that the curren. market valuations referred to in Government Code Section 51283 relating to certification shall be subject to appeal to the County Board pursuant to Revenue & Code Section 1604 ("Formal Appeal"); and WHEREAS, the current fair market value certified by the County Asst by letter of October 23, 1995, might be subject to readjustment and final certificl pursuant to the Informal Appeal and/or a Formal Appeal pursuant to Government C Section 51203, if necessary; and WHEREAS, the City and Applicant desire to move forward with tentative cancellation at this time with the understanding that the certificate of cancellation will not be executed until there is a final determination and final certifica of this current fair market value subject to applicant's rights to waive its requesi reconsideration under the Informal Appeal or under the Formal Appeal. 3 NOW, THEREFORE, BE IT RESOLVED by the City Council of the of Carlsbad, that the Fourth Amendment to the Land Conservation Contract attac hereto as Exhibit "B", dated January 9, 1996, is hereby approved. NOW, THEREFORE, BE IT FURTHER RESOLVED by the City Cot of the City of Carlsbad, that the Findings attached hereto as Exhibit "C", dated Jam 9,1996, are the Findings of the City Council of the City of Carlsbad regarding William Act Contract Cancellation for Portions of the Carlsbad Ranch Specific Plan Amendn Planning Areas and reflect the City Council's independent judgment. -5- 1 2 3 4 5 6 7 8 9 lo 11 12 13 14 15 16 17 18 19 20 21 z2 23 24 25 26 27 28 0 0 NOW, THEREFORE, BE IT FURTHER RESOLVED by the City Coi of the City of Carlsbad, that the Tentative Cancellation of the Contract with respect tc cancellation lands is hereby approved based upon the Findings attached hereto as Ex “C” dated January 9, 1996. NOW, THEREFORE, BE IT FURTHER RESOLVED by the City Coi of the City of Carlsbad that as a condition to the execution of the certificate of cancellation the certified current fair market value per acre by APN will either bc amount contained in the October 23, 1995, letter from the County Assessor attac hereto as Exhibit “D”, dated January 6,1996, or such lessor amount that may be prov in a revised letter from the County Assessor in response to the applicant’s reconsidera letters of November 9, 1995, and December 15, 1995, or by order of the Board purs to Government Code Section 51203 and that the cancellation fee shall be based upor cancellation valuation of the property as finally determined and finally certified by County Assessor or the Board pursuant to State law. NOW, THEREFORE, BE IT FURTHER RESOLVED, by the City Coi of the City of Carlsbad that the certified current fair market value for the portions of being cancelled under California Land Conservation Act Contract No. 76-1 is determ and certified to the County Auditor to be either $14,088,916.00 as based on 179.11 a and the value per acre by APN provided in the October 23, 1995, letter of the Co Assessor or the lower readjustment and finally certified amount as so determined bj County Assessor upon review after the Informal Appeal or by the Board pursuar Revenue and Taxation Code Section 51203, the Formal Appeal. NOW, THEREFORE, BE IT FURTHER RESOLVED by the City Coi of the City of Carlsbad, that the attached Conditions to Final Cancellation are as listc -6- 1 2 3 4 5 6 7 8 9 lo 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 Exhibit "E dated January 9, 1996, attached hereto and are hereby approved. NOW, THEREFORE, BE IT FURTHER RESOLVED by the City Co of the City of Carlsbad, that the Certificate of Tentative Partial Cancellation Pursua the California Land Conservation Act of 1965, attached hereto as Exhibit "F", d January 9,1996 is hereby approved. NOW, THEREFORE, BE IT FURTHER RESOLVED by the City Co of the City of Carlsbad, that upon the issuance of a Certificate of Final Partial Cancell; for any portion of the Contract, the boundaries of the Agricultural Preserve sha automatically amended to exclude the land for which the Certificate of Final PI Cancellation has been issued. PASSED, APPROVED AND ADOPTED at a regular meeting of the Council of the City of Carlsbad, California, on the 9th day of January, 1996, b! following vote, to wit: AYES: Council Members Lewis, Nygaard, Kulchin, Finnila and NOES: None ABSENT: None ABSTAIN: None ATTEST: L. RAUTENKRANZ, Ci (SEAL) -7- EXHIBIT ‘I 0 0 JANUARY C R R 1TRS I@ cornmnv na-n-qt 8-q 4 *,,\>..I ..* July 1, 1994 JUL 0 5 1994 CITY OF CARLSEA9 PUNNING DEm. City of Carlsbad 2075 Las Palmas Drive Carlsbad, CA 92009-4859 Attn: Martinorenyak - Community Development Director Carb bad Ranch - Amiculturd Preserve No. 761 RE: Dear Mr. Orenyak: Pursuant to Section 10 of the Land Conservation Contract, dated February 10, 1976, and Sectio 51282 of the Government code, we hereby petition the City Council for cancellation of th contract on the land identified on the attached map (Exhibit A). The proposed specifie alternative use is visitor-oriented mixed use, with specialty family oriented park, lodging, m~ ancillary facilities, generally illustrated by the attached project documents (Exhibit B). A lis of the government agencies known by us to have permit authority related to the propose alternative use is also attached (Exhibit C). Please let us know if you require any fuIthcr information hrn us for this petition to be deemet complete. Thank you for your consideration. Very truly yours, CARLTAS COMPANY . Calkins CCC/jp Enclosures 5600 AVENIOA ENCINAS SUITE 100 CARISBAD, WFORNIA 92008 U.S.A EXHIBIT A a 0 .--- ~~u.4 HDX3NDA UGmx +- .. \ ‘. . /J \. d , 7’’ \ \- .i L 1.. ’\ i \ ’. \ CARLSBAD RANCH: WILLIAMSON ACT LANDS Non-Williamson Act Lads 121.94 Williamson Act Lands Remaining Under Contract 146.35 Williamson Act Lands to be Removed from Contract d79.11 0 k-1 0 0 Exhibit B Carlsbad Ranch Specific Plan (Draft of July 1994) Filed separately with Community Development Department i - 0 a EXHIBIT C KNOWN ISSUING AGENCIES AND PERMITS REGION PERMI"G AGENCIES: 1. CITYOFCARLSBAD e BUILDING AND GRADING PERMIT e SPECIFIC PLAN AND RELATED IMPLEMENTING MATTERS 2. CALIFORNIA COASTAL COMMIsSION e e LOCAL COASTAL PLAN AMENDMENT COASTAL DEVELOPMENT mRMlT (GRADING/FINAL MAP) EXHIBIT 0 0 January 9,19 RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO: 1 ) City Clerk 1 CITY OF CARLSBAD 1 1200 Carlsbad Village Drive 1 Carls bad, CA 92008-1 989 1 1 Space above this line for Recorder’s use FOURTH AMENDMENT TO LAND CONSERVATION CONTRACT (Agricultural Preserve 76-1) This Fourth Amendment to Land Conservation Contract (this “Amendment is made as of , 1996, by and between Carlsbad Ranch Company, L.P a California limited partnership, Carlsbad Estate Holding, Inc., a California corporatior and CB Ranch Enterprises, a California corporation (collectively, “Owner”) and the Cit of Carlsbad, a municipal corporation (the ‘City”), with respect to the Recitals set fort below. RECITALS A. Carltas Company, a California corporation (“Carltas”), and the Cib entered into that certain Land Conservation Contract, dated February 26, 1976, anc recorded on March 1, 1976, in the Office of the County of San Diego Recorder a Document Number 76-059758, pursuant to the provisions of the Land Conservation Ac of 1965; as amended by that certain First Amendment to Land Conservation Contract dated December 15, 1987, and recorded on May 7, 1993, in the Office of the County o San Diego Recorder as Document Number 93-0286978; as further amended by tha certain Second Amendment to Land Conservation Contract, dated December 23,1988 and recorded on December 29, 1988, in the Office of the County of San Diego Count) 0 0 Recorder as Document Number 88-0672971; and, as further amended by that certa Third Amendment to Land Conservation Contract, dated April 12, 1993, and recorded c May 21, 1993, in the Office of the County of San Diego Recorder as Document Numb 93-0243908, (the “Contract”). 9. Owner is the current owner of the land subject to the Contract an Carltas’ successor in interest under the Contract. C. Owner and the City now desire to further amend the Contract 1 conform to current statutory provisions of the Williamson Act as set forth below. NOW, THEREFORE, Owner and the City agree to amend the Contract i follows: 1. Section 10 of the Contract is amended in its entirety to read: Section 10. CANCELLATION. (a) This Agreement may b canceled only by mutual agreement of the Owner and City pursuant to Section 5128 of the Act (Government Code) when, after a public hearing has been held in accordanc with the provisions of Section 51284 of the Act (Government Code), the City Counc finds either: (1) that the cancellation is not inconsistent with the purposes of the Act; c (2) that the cancellation is in the public interest. (b) This Agreement shall not be canceled until the cancellatio fee specified in Section 51283 has been paid, unless such fee or portion thereof i waived or deferred pursuant to subdivision (c) of that section. (c) References in this paragraph 10 to the Act and to sections c the Act (Government Code) are to the Act and sections of the Act (Government Cod€ as they exist upon the date of the adoption of this Amendment. 0 0 2. Section 12 of the Contract is amended to strike, “CONTRACT BID SUCCESSORS.”, and to add, “CONTRACT BINDS SUCCESSORS.” 3. Pursuant to Section 16, NOTICE, of the Contract, notice to OWNEI shall be addressed as follows: Carlsbad Ranch Company L.P., a California limited partnership 5600 Avenida Encinas, Suite 100 Carlsbad, CA 92008 CB Ranch Enterprises, a California corporation 5600 Avenida Encinas, Suite 106 Carlsbad, CA 92008 Carlsbad Estate Holding, Inc., a California corporation 5600 Avenida Encinas, Suite 130 Carlsbad, CA 92008 IN WITNESS WHEREOF, Owner and the City have executed thic Amendment on the date set forth below. “0 W N E R” CARLSBAD RANCH COMPANY L.P., a California limited partnership By: CARLTAS COMPANY, a California limited partnership, Its General Partner By: CARLTAS MANAGEMENT, a California corporation, Its General Partner By: Christopher C. Calkins, President CB RANCH ENTERPRISES, a California corporation By: Christopher C. Calkins, Vice-president CARLSBAD ESTATE HOLDING, INC., a California corporation By: Todd J. Anson, Secretary 0 0 “CITY” CITY OF CARLSBAD, a municipal corporation By: Date: Claude A. Lewis, Mayor EXHIBI’ a 0 January 9,1 FINDINGS OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORN APPROVING TENTATIVE CANCELLATION OF A WILLIAMSON ACT CONTRA PORTIONS OF LAND TOTALING APPROXIMATELY 179.1 1 ACRES COVER PORTIONS OF RESEARCH AND DEVELOPMENT/OFFICE, LEGOLAND, RESOR SPECIALTY RETAIL PLANNING AREAS OF THE CARLSBAD RANCH SPECIFIC 207(A) WILLIAMSON ACT CONTRACT NUMBER 76-1 AND GENERALLY DESCRIE 1. INTRODUCTION The City Council of the City of Carlsbad hereby makes the following Findings concerning the cancellation for portions of land under Land Conservation Contract Number 76-1 recordec Number 76-059758 on March 1, 1976, by the County Recorder of the County of San Diegc amended by a First, Second, Third, and Fourth Amendment recorded by the County Recordr County of San Diego as Document Numbers 93-0286978, 88-672971, and 93-0243908, resp The land is situated in Agricultural Preserve No. 76-1, created by City of Carlsbad City Resolution 3851 and recorded by the County Recorder of the County of San Diego as File 76- A. LOCATION OF CONTRACTED LAND The proposed cancellations are pursuant to the Williamson Act (California Governme Section 51200 et seq.) and are for those portions of the Carlsbad Ranch Specific Plar listed by County of San Diego Assessor’s Parcel Numbers on Attachment A and der Attachment B. The areas listed and depicted are included in those areas describe( Specific Plan as: the Resort Planning Area, a portion of the LEGOLAND Planning portion of the Research and Development/Office Planning Area, and a portion of the S Retail Planning Area. These Planning Areas are listed in Attachment C and further del Attachment D, and are more fully described in the following documents to be approvec City Council, concurrently with the making of these Findings: (1) the Carlsbad Ranch Plan Amendment 207(A) (the “Specific Plan”); (2) the Carlsbad Ranch Spec3 Amendment Final Program Environmental Impact Report (the “EIR”), and (3) the Gene Amendment 94-03. The acres requested for cancellation are slightly less than the 182.~ noted in the EIR. This is due to the dedication of a portion of Armada Drive as i improvement. Approximately 3.38 acres of Armada Drive were dedicated as improvements on Map No. 13215, recorded on June 30, 1995, as File Number 95-027769 dedication on the Final Map was the ministerial action that was provided in Tentative 1 92-07. By dedication for public improvement, the 3.38 acres were removed from William contract. Development as contemplated by the Specific Plan is referred to herein as the “Projel Project site consists of approximately 447.4 acres. The Agricultural Preserve currently of approximately 328.84 acres within the Project. Existing contracts cover approximately acres or the preserve amount less the 3.38 acres which were dedicated for public impro Page 1 e 0 B. A Notice of Nonrenewal for all parcels within the Preserve was recorded by the County Cancellation is proposed for a portion of the land covered in the Notice of Nor specifically: approximately 47.86 acres in the Resort Planning Area; approximately 2 1 in the Research and Development/Office Planning Area; approximately 93.3 5 acrc LEGOLAND Planning Area; and, approximately 15.95 acres in the Specialty Retail Area. Remaining land within the Project is either: (1) not within the Agricultural Pres therefore, not covered by a Williamson Act contract; (2) within the Agricultural Pres currently covered by a Williamson Act contract, but for which contract terminatior through nonrenewal expiration rather than immediate cancellation; or (3) within the Agi Preserve but not currently covered under contract due to public dedication by recorda Final Map. See Attachment E for depiction of land requested for cancellation, land rt under contract until expiration, and land not under contract. Unless otherwise stated, all Sections herein refer to the California Government Code. STATUS OF WILLIAMSON ACT CONTRACT IN PROJECT of the County of San Diego on October 4, 1991, as Document Number 914 11. FINDINGS PURSUANT TO STATUTE Section 51282 provides as follows: (a) The landowner may petition the Board (of Supervisors) or (City) Council (whic applicable) for cancellation of any contract as to all or part of the subject lan Board or Council may grant tentative approval for cancellation of a contract o makes one of the following findings: (1) (2) That the cancellation is consistent with the purposes of this chapter; or, That cancellation is in the public interest. A. FINDINGS PURSUANT TO SECTION 51282(b) - SUBFINDINGS REGA CANCELLATION CONSISTENCY WITH THE PURPOSES OP THE WILLLA ACT Pursuant to Section 51282(b), cancellation of a contract shall be consistent with the purl the Williamson Act if the Board or Council makesaJ of the following subfindings: Section 51282 (b)(l): That cancellation is for land on which a Notice of Nonrenewal 1 served pursuant to Section 5 1245. Section 51282(b)(2): That cancellation is not likely to result in the removal of adjace fiom agricultural use. Section 51282 (b)(3): That cancellation is for an alternative use that is consistent \ applicable provision of the city or county general plan. Page 2 0 m Section 51282 (b)(4): That cancellation will not result in discontiguous patterns I development. Section 51282(b)(5): That there is no proximate noncontracted land that is both avai suitable for the use to which it is proposed the contracted land be put, or that developmc contracted land would provide more contiguous patterns of urban development than dew of proximate noncontracted land. 1. SECTION 51282(b)(1) - THAT CANCELLATION IS FOR LAND ON WHICH P OF NONRENEWAL HAS BEEN SERVED. Cancellation is for land on which a Notice of Nonrenewal has been served, as evidc Document Number 91-0514607, recorded in the Office of the County Recorder of Ss County on October 4, 1991. (a) Notice Of Nonrenewal Has Been Recorded For Land Requested For Cancellatic Cancellation is for land on which a Notice of Nonrenewal has been given PUI Section 51245. Specifically, the Notice of Nonrenewal was given for all lar in the Office of the County Recorder of San Diego County on October 4, 1991 Contract Expiration Dates For Land Not Requested For Cancellation For land not requested for cancellation, the contract will remain in effect until 1,200 1, for land in the Open Space Area, GIA Expansion Area and a portion of 1 Course Planning Area, and until January 1, 2006, for The Flower Fields Planni and a portion of the Golf Course Planning Area. The later date of expiration within The Flower Fields Planning Area and a portion of land within the Golf Planning Area occurs because that land was added to the Agricultural Preserve and 1988 as part of a “land swap” in the First Amendment and the Second he respectively, to the original agricultural contract. Those swaps were pursuant to 51257, which required a 15 year initial contract term for land entered under pursuant to the swap provision. Contract Expiration Dates If Contracts Not Canceled For the Resort, LEGOLAND, and Research/Development and Office Planning A requested for cancellation, under the current Nonrenewal term without cancellat contract would remain in effect until January 1,200 1. For the Retail Planning A requested for cancellation, under the current Nonrenewal term without cancellat contract would remain in effect until January 1, 2006. The later date of expira this land results from it being added as part of a land swap in the 1988 Amendment to the Contract; that swap required a 15 year initial contract term. Alternative Uses Could Not Have Been Foreseen In Time To Allow Contracts Tc Under Nonrenewal Contract Number 76-1, as evidenced by Document Number 91-0514607, I (b) (c) (d) Page 3 e 0 In the late 1980’s, the landowner foresaw changing conditions affecting agriculhu: The landowner’s and the city’s response was to seek reconfiguration of the ca maximize both the agricultural and development areas of Carlsbad Ranch. ‘ accomplished by the First and Second Amendments to the contract in 1987 a: respectively. In 1991, the landowner initiated the Notice of Nonrenewal to begin phasing Williamson Act contract restrictions. At the same time, the landowner, together City, began planning the area for fhture development through the Carlsbad Ranch Plan 207. Even at the time that the contracts were nonrenewed in 1991, the ow not have foreseen the uses provided in the Project, as planned through the Spec Amendment 207(A), since LEGOLAND’s national site search and site selection later. As late as 1994, the use of the site for the proposed Project was in doubt of a pending local vote on the Project. . 2. SECTION 51282(b)(2) - THAT CANCELLATION IS NOT LIKELY TO RESULT REMOVAL OF ADJACENT LANDS FROM AGRICULTURAL USE. Cancellation is not likely to result in the removal of adiacent lands from agriculture becat outside the Pro-iect, there are no agricultural areas adiacent to the Proiect that the Pro cause to be converted from agriculture or from uses compatible with agriculture; (2) w Pro-iect, cancellation will have positive consequences for the most viable and highesl agricultural lands: (3) within the Proiect, cancellation and coordination with the C proposed possible municipal golf course may result in the preservation of open spa conversion of agricultural land to a golf course, a use compatible with agricultural I according to both the statutes and the contract; and (4) within the Proiect, the convc research and development/office and commercial uses of noncontracted land currently agricultural pwp oses is a result of the existing Specific Plan 207, not the Speci Amendment or this cancellation. Further, pursuant to Section 51282 (d), the existing agricultural use is uneconomic, and no other reasonable or comparable agricultural use to which the land may be put. (a) Adjacent Lands Outside the Project The EIR states the following. See EIR, pages 5.1-15: Implementation of the proposed project would not result in indirect im agricultural lands off-site, or in the early conversion of agricultural lands The project site is an isolated “island” of agriculture surrounded by existir uses. There are no major areas of agriculture within the near vicini? project site that would be indirectly impacted by the proposed project as of fragmentation or reduction in overall economic viability. There Williamson Act preserves or lands zoned for agriculture surrounding the site. Page 4 e e Further, the EIR provides on pages 7-4 , 7-5, and 7-9: ... Additionally, the project will not result in the fragmentation of agricub which would impact the viability of adjacent farmland .... ... The project in and of itself will not create a trend for the conversion agricultural lands to urban uses ... ... existing pressures already are creating a demand for conversion of ag to urbanized uses. The site is located within an urbanized City, ne existing and proposed circulation networks (1-5, Palomar Airport Road an( Road). Existing and continued economic conditions and environmental re, discourage the continued agricultural operations.. . Attachment F is a regional map of the area around Carlsbad Ranch; it is taken Specific Plan. Attachment G is the Department of Conservation map of I1 Farmland Surrounding the Project; the map is included as Figure 5-1 in the EIF attachments provide a reference for the following discussion of farmlands ou Project: (1) San Diego Gas & Electric (SDG&E) Site North of the Project Directly adjacent to the Project, the only land mapped or used for agric the land north of the Project, at the SDG&E site. This land is zoned publi but its General Plan land use designation is travelhecreation, commen open space. See EIR page 7-5 for discussion of the SDG&E site. Althc land beneath the power lines is currently used for agricultural uses, the 1a1 has committed to seek approvals for future urban use in several ways: (i) Participation in the Cannon Road Assessment District and contrib the development of the infrastructure which would accompan development. In June 1988, SDG&E issued a Request for Proposal (RFP) for ground lease and development of a portion of its site for cornel recreational uses. In late 1988, SDG&E accepted a development F which later was terminated. (ii) (iii) Under this Project, approximately 21.16 acres of the SDG&E proposed for conversion from agriculture to 2 holes of a golf which will connect with the 7 holes in the Golf Course Planning this Project. Golf course uses are compatible and interchangeal agricultural uses for Williamson Act purposes (see (b)(2) below). the conversion of this agricultural land to golf course uses is cool with, and may be feasible only in conjunction with, the City’s p municipal golf course directly east of the Project. In June 1989, thl of Carlsbad approved Proposition G, authorizing in excess of $1 Page 5 0 0 for the planning, development, and construction of new rec facilities. As a result of the approval of Proposition G, the acquired a total of 250 acres directly to the east of Carlsbad R development of an 18 hole municipal golf course. Recently, the City of Carlsbad approved a Request for Proposal ( development of a municipal golf course, including a 27 hole op linkage between the City’s 18 hole municipal course and the proposed in Carlsbad Ranch and on the SDG&E site north of 1 Ranch. The RFP states the following: The City wishes to emphasize the first priority is develol a high quality 18 hole public/daily fee golf course project. City’s intent to accommodate the 9 additional holes of “resort level” golf in a manner and schedule that complementary and advantageous to the managem economics of the publiddaily fee golf course. Therefore, there is evidence that the SDG&E parcels have been co to future development and conversion from agriculture, independei Project’s proposed Williamson Act contract cancellation. Further, the Carlsbad Ranch Specific Plan Amendment’s 1 buffering techniques will protect against encroachment of deve upon any present agricultural uses of the adjacent land. See El 5.7-8 and 5.7-9 for discussion of compatibility with off-site land buffering techniques. (2) Prime Agricultural Land in Area According to the City of Carlsbad Planning Department 1992 Report, “Agi in Carlsbad Today and Implications for the Future” (the “Report”), quote EIR, there is very little prime agricultural land in Carlsbad. Carlsbad I one of five sites within the City. See EIR page 5.1-1 for listing of the fi The nearest other such land is approximately 4 miles inland, the Bressi It the southeast corner of Palomar Airport Road and El Camino Real. The Carlsbad Ranch Project will not effect continued agricultural prod1 that site, which is already subject to urban pressures due to its being ad: new housing developments, office and industrial projects, the McClellan Airport, and major circulation corridors. The project is directly adjacei Carrillo Ranch project, a 690 acre residential development. Thus, this would have no effect on any adjacent prime agricultural land. Other Adjacent Land Mapped as Farmland Directly to the east of the Project is a portion of the city’s municipal go1 site. The site fronts Palomar Airport Road from the eastern side of the (3) Page 6 0 0 across College Boulevard. The site includes areas noted on Attachment G Importance and Other Land. However, before acquisition by the city in C 1994, the land had an approved subdivision map and was zoned for o industrial uses. Directly to the east of the Project, north of the area discussed abov remaining portion of the city’s municipal golf course. The site incluc noted on Attachment G as Other Land and as Statewide Significance. BI city acquired the property recently in a foreclosure sale, it had an E subdivision map and was zoned for office and industrial uses. North of there are two large city approved developments: (a) College Business I 85-17) is a 110 acre industrial park north of Palomar Airport Road bet and El Camino Real; and (b) Cal Communities (CT 83-30) is a 433 acre community adjacent to El Camino Real and Agua Hedionda Lagoon. Directly to the south of the Project, the land indicated on Attachment G Importance is now developed as a retail site (Price Club). On the south side of Palomar Airport Road, east of College Boulevard, Att G indicates land designated as Local Importance and Other Land. Howc area has an approved master plan for single family residential (Cob Village, CT 84-32A). Therefore, there are no adjacent prime or nonprime agricultural lands 0~ Project that would be removed from agriculture or uses compatil agriculture due to this Project’s contract cancellation. (b) Adjacent Lands Within the Project Cancellation of the contract on some portions of the Project will not cause the of other lands within the Project from either agricultural uses or uses compatil agriculture. In fact, cancellation of contracts to achieve the development of the will result in a more lasting preservation of agricultural usage on that land most to sustained agriculture, considering both soil conditions and economics. The fc discusses each segment of the Project: (1) Agricultural Land in Carlsbad Ranch Subject to Regional Factors Neg Continued Field Production Agriculture in San Diego County has been affected by availability and water, urbanization, and international competition, among other facto] agricultural lands in Carlsbad, and within Carlsbad Ranch, have been s affected. According to the City’s Report, cited above, the principal limiting f Carlsbad has been the availability of water at competitive prices. Carlsba has the capability for reclaimed water, but the cost of that water is the sm potable, so the advantage of reclaimed water is availability, not price. Page 7 0 0 prices have a significant impact on agriculture in San Diego Count November 199 1 report, “Carlsbad Ranch Agricultural Plan” prepared bl Investment Services, Inc. (contained in the Technical Appendices for EIR the landowner, water costs are compared to Williamson Act tax advant: Classification of lands under the Williamson Act’s regulations modest tax relief for the production of crops. However, in Sz County, the cost of agricultural water and the ability to have ar supply of water is considerably more important than tax issues ... The EIR notes the difficulties of high water prices and fragmentation of ( See EIR page 5.1- 3): ... In recent years increasing water rates have forced many 1 growers out of business on the project site ... Urbanization has also affected agriculture, with regard to crime, dust an crop injury from air pollution, and farm road congestion. Carlsbad Ranc intersection of Interstate 5 and Palomar Airport Road, has experienced constraints. In the last several years, there have been several complaii homeowners and businesses in the area concerning agricultural spraying 1993-94 planting year, a resident of the mobile home park west of Intl complained to both the landowners and the county about the agricultural s No violations were found in the routine spraying. In 1995, there was similar complaint from a worker at Pea Soup Andersen’s. In the past fe there was minor vandalism on the property, and an illegal migrant proble former packing shed. The property was fenced as a result of these prob The economic factor of cheaper Mexican agricultural imports has i farmland in Carlsbad, which has been devoted to beans, tomatoes, strav and flowers. Especially in the vegetable and strawberry crops, Carlsbai crops have been losing their traditional competitive advantage of a lor earlier growing season. Increased labor and water costs have made the CI competitive than imports. An example is the recent insolvency of Frazee 1 Inc. These trends have affected other farmland in the area, as well. 1 notes on page 5.1-3: ... The agricultural land on the project site is a remnant of what M a much larger contiguous area of cropland. Fragmentation has ( due to development and the construction of the Interstate 5 Freew< agricultural land was further fragmented as a result of the constru Palomar Airport Road that forms a barrier to farm equipment accez crops and the processing areas to the south of the project. Much of the land on eastern slopes of Carlsbad Ranch has been used fc farming, primarily strawberries and tomatoes, while the area west of the most suitable to flower and bulb production. See Attachment H for a d of recent crop use areas of Carlsbad Ranch. Since this depiction was pre] Page 8 0 0 1991, Mellano has replaced Frazee in farming the western areas, inch Flower Fields, and part of the northern area designated on this exhibit as ‘ Farm production has ceased in a portion in the middle of Carlsbad Ran not under Williamson Act Contract. Part of this area is where the Ger Institute is under construction. In addition, the packing shed indi Attachment F is no longer in production. (2) Most Cancellation is Proposed on Least Viable Agricultural Land The land being converted to other uses on the Carlsbad Ranch is less agricultural and most subject to the regional pressures discussed above. The Project was pl preferentially select the less agriculturally viable lands for development. Mo prime land in the Project is in The Flower Fields area and the golf course area The areas proposed for contract cancellation are primarily in the eastern two thir Project, and include the LEGOLAND Planning Area, the Resort Planning Area Research and Development/Office Planning Area. In these areas, on the basis climate, slope, and drainage, the land is either moderately suited or least s agriculture, according to the “Carlsbad Ranch Agricultural Study”, a study don< and Plant Lab in 1988 for the landowner. See Attachment I for an illustration f study depicting Project areas most and least suited for agricultural uses. Much of the land in this eastern portion of the Project has been farmed for : vegetable production. However, approximately 50 acres in the southeastern portil Project, within the LEGOLAND Planning Area, are not currently farmed as tl: very thin and eroded, with steep terraces. The soil analysis in the Soil and Plant Lab study varies somewhat from the Unitc Department of Agriculture, Soil Conservation Service Important Farmlands Inven “SCS Inventory”) designations, as depicted in EIR Figure 5-3. The SCS Inventor- for prime land designation includes farming history as well as soil quality. BecaL eastern areas have been used in recent history for farming fruit and vegetables, 1 is designated as prime, although the underlying soil is not a prime classification. use for agriculture were discontinued, the SCS designation could then be down Continued Agricultural Production is Not Economically Feasible and There is Reasonable or Comparable Agricultural Use Even without this Project, the landowner has indicated that it is likely that the use lands for agriculture will be discontinued sometime in the future due to the e unfeasibility of continued field crop operation. With urban encroachment and factors, discussed above, it is not reasonable to convert the land to greenhouse type of planting in the years remaining before expiration of the Williamson Act ( through nonrenewal. The EIR further states the following on page 5.1 - 12: (3) ... During the past three years, the long-term viability of agricultural opers the site has come into question as the principal grower (Frazee) liquids private insolvency proceeding, and two other growers have not paid rer Page 9 a 0 property, or have requested a subsidization. The primary problems associ; these agricultural operations on-site is the basic inability to realize an economic return from the sale of the field grown products .... In rece increasing water rates have forced may vegetable growers out of busine: project site. .. The uneconomic character of agricultural uses is one of the factors considerec cancellation request. Project Will Provide Preservation of Sustainable Agricultural Usage on Land Mo: For Agriculture, The Flower Fields Proposed cancellation is a component of the overall Project that includes rn elements to preserve the most viable agriculture in perpetuity. The western areas ( under cultivation, which are most suited to flower cultivation, will be continue1 Flower Fields. The 53 acre The Flower Fields Planning Area will be resb agriculture by a deed restriction. The EIR provides the following on page 5.1-1 The existing land use provisions of the site provide for temporary preserk the fields (both through the Williamson Act Contracts and existing designations). The specific plan will provide economic support infrastructure (including reclaimed water), and through product sales as a visitor and tourist use of the site. The Specific Plan locates The Flower I the lead activity for the visitor oriented project, which is supported LEGOLAND Carlsbad, retail and lodging components. (4) In addition, the Specific Plan and EIR provide additional mitigation through reqi of landscaped berms and walls to provide protective barriers to the agricultur See Specific Plan, page 76 and EIR pages 5.7-7 and 5.7-8 for discussion of b techniques. The preservation of The Flower Fields could not be accomplished without the a of the entire Project. Without that approval, the nonrenewed contracts would ex] there would be no safeguards for preservation of the most valuable agricultural la EIR page 6-31 for discussion of allowable development under existing Speci designations. (5) Golf Course is an Approved Compatible Use with Agriculture Conversion of the adjacent contracted land from agricultural uses to golf course the Project’s Golf Course Planning Areas is not considered “removal of adjac from agricultural uses”, for three reasons. First, Section 51205 provides that 1 terms “agricultural land” and “agricultural use” are deemed to include land de7 recreational uses. Second, Section 1 of the Third Amendment to Land Consc Contract 76-1, recorded as San Diego County Recorder Number 93-0243908, e: includes in the list of compatible uses allowed on Carlsbad Ranch “public recr uses (including golf courses).” Finally, the conversion of this agricultural land course uses is coordinated with, and may be feasible only in conjunction with th Page 10 0 0 planned new municipal golf course directly east of the Project. See discussic interrelated golf course in Section 2(a)( 1) above. Therefore, although there will be a conversion of adjacent contracted la agricultural to golf course uses, the impetus for conversion is coordination T action on adjacent lands, and the result of conversion will be a use that i: allowed and sanctioned under the Williamson Act. Open Space Use is a Use Compatible with Agriculture The Project includes the Open Space Planning Area for 10.0 acres to be preservec natural state. This area consists of steep slopes covered with native vegetation. 1 been used for agriculture. Uses permitted in this area are trails and a vista poi Projects Includes Buffers as Mitigation The Specific Plan Amendment includes substantial buffers and set backs to mit effects of development of conversion. See EIR pages 5.7-7 through 5.7-9 for d of on-site and off-site buffering. Local Coastal Program (LCP) Mitigation Fee California Public Resources Code Section 30171.5 requires payment of a mitig for development on nonprime agricultural lands in the coastal zone. Within thc Carlsbad, such mitigation fees are deposited in the State Coastal Conservancy F are used for Carlsbad area conservation projects, as outlined in the statute. Fee by the City Council at between $5,000 and $10,000 per acre of agricuh developed. This fee is paid on all nonprime agricultural land whether or not it is by a Williamson Act contract and in addition to any applicable William cancellation fee. Conversion of Use of Adjacent Noncontracted Lands within the Project Already A under Existing Specific Plan Within the Project, the conversion from agricultural to other uses is already app the adjacent noncontracted lands by the existing Specific Plan 207. That i Specific Plan allows and anticipates the development of 1.88 million square commercial, and research and development/office on the noncontracted lands in tl and on the western edge of the Project (see Attachment E for depiction of Agr Preserve boundaries within the Project). Therefore, conversion from agriculturl noncontracted lands within the Project is not caused by approval of this Pro approval of cancellation requests in this Project. (6) (7) (8) (9) (1 0) Conclusion The requested cancellation of portions of the contract on some of the lea? agricultural lands within the Project will allow the protection in perpetuity of 1 suitable land, i.e., The Flower Fields, for the most successful and sustainable agr Page 11 0 0 uses. The conversion of some of the less suitable agricultural land to a golf cc open space uses, is definitionally interchangeable with and physically an( compatible with agriculture. In addition, the conversion to golf course is coordini the city’s planned municipal golf course on land adjacent to the Project. Some of the additional Project lands which will be removed from agriculture, of the Research and DevelopmeniYOffice Planning Area and part of the Retail Area, are already entitled for nonagricultural use by the existing Specific Plan could therefore be developed regardless of this cancellation. Hence, the cancellal not cause the conversion of these lands. 3. SECTION 51282(b)(3) - THAT CANCELLATION IS FOR AN ALTERNATI7 WHICH IS CONSISTENT WITH THE APPLICABLE PROVISIONS OF THE GE PLAN. Cancellation is for alternative uses which are consistent with the General Plan. The alternative uses for which cancellation is sought are consistent with the City of General Plan and the Carlsbad Ranch Specific Plan that is being amended concurrently Council’s making of these Findings to establish consistency between the General Plan Specific Plan. The Specific Plan details areas of conformity between it and the City’s General PI; Specific Plan, pages 8-12 for a discussion of the General Plan. 4. SECTION 51282(b)(4) - THAT CANCELLATION WILL NOT RESU: DISCONTIGUOUS PATTERNS OF URBAN DEVELOPMENT. Cancellation will not result in discontinuous patterns of urban development because thc is an infill proiect. According to the EIR, “The project site is an isolated ‘island’ of agriculture surroul existing urban uses.” See EIR page 5.1-15. Further, as the project is located next to an circulation system, “extension of infrastructure from Palomar Airport Road and Cannon R not open new areas for development”. See EIR page 7-9. This subfinding requires the canceled land to be generally contiguous to urban use in tl term future. Because the statutory concept is “discontiguous patterns,” it does not requ or immediate contiguity (ie., the canceled land need not physically abut presen development on the date of cancellation). Refer to Attachments F and G, discussed i Finding 2 for regional maps. As discussed in Finding 2, in addition to the areas indi Developed on Attachment G, there are additional areas which have been developed since Department of Conservation mapping, and additional areas which have receive development entitlements that are not reflected on the Department of Conservation t maps. Additionally, the EIR provides a comment response concerning the Farmland rV reflecting current development (See EIR Comment and Response H-3). Page 12 0 0 The Project is bounded on the west by the auto dealerships of Car County and the resta hospitality uses of Pea Soup Anderson’s, both of which are adjacent to Interstate 5. We retail and commercial uses continue, as well as the Amtrak rail lines and the Nortl Transit District commuter rail line, with a Coaster commuter train station at Avenid: north of Poinsettia Lane. On the south, the Project is bordered by Palomar Airport I lane primary arterial that is considered a Community Theme Corridor. South of Paloma there is retail and residential development, including the Price Club and other r commercial developments. Directly to the east, land had been planned for light industrial uses, but has recei purchased by the City for a proposed hture municipal golf course which is unpla unpermitted. Beyond that, along Palomar Airport Road there are office and industrial the McClellan-Palomar Airport. Directly to the north of the project are the SDG&E par major electrical transmission lines. The parcels are currently used for open space and ag but the southern portion of the parcels is planned for golf course and commercial uses ir planning documents, not a part of this Project. The portion bordering the lagoon is no for development. In addition, as discussed in the EIR, “the power line easements on the could potentially result in discontinuation of agricultural activity if additional powe improvements are made ...” See EIR page 5.1-15. Hedionda Lagoon, which is developed at its northern and eastern borders. The EIR notes that because the Project is located adjacent to an existing circulation “major extensions of infrastructure (ie., sewer trunk line) will not be reqL implementation. Extension of infrastructure from Palomar Airport Road and Cannon I not open new areas for development.” See EIR, page 7-9. SECTION 51282 (b)(5) - THAT (i) NO PROXIMATE NONCONTRACTED L BOTH AVAILABLE AND SUITABLE FOR THE PROPOSED USE, 1 DEVELOPMENT OF THE SUBJECT CONTRACTED LAND WOULD PROVIDE CONTIGUOUS PATTERNS OF URBAN DEVELOPMENT THAN DEVELOPMI PROXIMATE NONCONTIUCTED LAND. [i) No proximate noncontracted land has the same attributes to meet the criteria of LEG( which is a key element of the Proiect. The LEG0 Proiect is site specific and req integrated whole of the Project, including the resort and The Flower Fields elements; an1 proximate noncontracted land has the same visibility and circulation patterns to m suitable for regional retail uses; Alternatively. (iii) The Project is an infill developn therefore provides more contiguous urban development than other proximate sites: and, existing approved Specific Plan (SP 207) plans and anticipates the development of appro 1.88 million square feet of office, retail, and hotel in the noncontracted areas around P agricultural preserve wraps. Therefore, this revised Specific Plan master plans develo a more contiguous manner than would otherwise exist without it. (a) Synergy of Project North of the SDG&E parcels is 5. The Project must be considered as an integrated whole, with LEGOLAND as planning area. Preservation of The Flower Fields and open space, and conversia course uses are able to be accomplished with the Project considered as a whole, Page 13 0 0 retail development, LEGOLAND, and resort portions providing the finan promoting the viability of continued agricultural and compatible usage. (i) LEGO Planning Area is Key to Project The Project consists of 9 Planning Areas that work as an integrate Together they provide synergy such that the entirety will provide more to the City and region than any of the individual elements. Each of the is a necessary component in a unique interdependence of both land economics. The essential core of the Project is the 128 acre LEG Planning Area. LEGOLAND will provide a unique recreational and educational attracti region and the state. It will provide jobs and be the magnet to make tl hospitality, and retail features viable. The visitor services will be enha in turn provide the economic support for continuation of The Flower Fi provide synergy for success of the golf course and the specialty retail pc the Project. The remaining agricultural operation, the Flower Fields economically viable for agriculture in perpetuity, and, in turn, enhance the of LEGOLAND and provide an attractive environment echoing the then LEGOLAND. Development of the Research and Development/Office, Rt Community Hotel sectors, largely on land outside the Agricultural Prese provide the economic viability for financing the infrastructure nece: development of the entire Project. Further, the development of these 1 contribute a user base for the retail and resort areas which will be professional and business conferences. Therefore, each of the Project’s Planning Areas is a necessary compc success of the whole. They are interdependent and enhance each other, i be considered as a seamless whole in examining alternatives. The Specific Plan Amendment recognizes this interdependence in its G Objectives for development of the Project. See page Specific Plan page Goals for the Project include: (1) creating an open space system that bui the visual prominence and agricultural traditions of the site; (2) establ mixed use development that preserves the open space character of the 1 Ranch; and (3) creating a business center and community destinatio1 significant location. (ii) Alternative Sites Unacceptable LEGO chose Carlsbad and this particular site in Carlsbad as the location third international theme park, with the two other existing parks in Denn England. Carlsbad was chosen by LEGO as its American site following for a location throughout the United States, with strong consideration of the Washington, D.C. greater metropolitan area. Page 14 a 1) Development of a viable LEGOLAND required specific elements, an provided a list of 9 criteria necessary for candidate sites to meet for SI The criteria include, among others: a minimum site acreage of 400 I the site to be an integral element of a significant Mixed Use pro. compatible uses; and, neighboring private and public projects to primaril low density projects with high quality landscaping. See EIR page 6-36 of criteria. The EIR examines 7 alternative regional sites for the Project, based on th of the development with the LEGOLAND, resort, agricultural, and co. aspects considered in total. The EIR concludes that even the one altern in Oceanside that was somewhat acceptable for the Project. See EIR p for discussion of why the alternative site is not acceptable for this Attachment J is a matrix summary of the 7 alternative sites examined in Therefore, the absence of proximate, noncontracted land available and su the Project reflects the unique interdependence of the planned uses, the of the uses themselves, and the importance of this particular site to the Pr LEGOLAND. Collection of Smaller Sites Not Adequate for Project A California Supreme Court case dealing with contract cancellation sugl alternative site examination should not eliminate alternative sites basec unless the development requires a minimum amount of land for succei Project (see Section I11 (C), below for further discussion of Sierra Club v Haward 28 Cal 3rd 840 (1981). The LEG0 criteria for siting a LEG includes a minimum land size, among other factors. Therefore, examina series of alternative scattered sites would not have been a relevant opt regard to this Project. Site Uniquely Suited for Retail Uses Within the western portion of the Project is the Retail Planning Area, with appro 300,000 square feet of retail planned to be constructed. Approximately 200,OO feet is planned for the 10.7 acres that are a a part of the agriculture prese approximately 100,000 square feet is planned for the 15.95 acres within the agi preserve and currently under contract. The currently approved Specific P authorized in 1993, provides for development of 140,000 square feet retai noncontracted area. Therefore, even if the Specific Plan Amendment and this I contract cancellation were not approved, retail development is approved for immediately adjacent to contracted land. The retail development planned for the Project is an integrated part of the Projc support from the LEGOLAND, resort, and research and development/offc Additionally, the retail uses will be supported by the regional community becau unique location of the Planning Area. (iii) (b) Page 15 0 0 The Retail Planning Area enjoys a unique location at the hub of existing major ci elements. On the west, the Planning area is bounded by the current hospitality u Soup Anderson’s, and the existing Paseo del Norte which leads to Car Country. is visible from Interstate 5 on the west, and from a major arterial road, Paloma Road, to the south. The unique location allows development without direct acc arterial circulation roads through residential neighborhoods, and with proximiq transit. See discussion of mass transit in the Infrastructure portion of the publj discussion of Section 51282 (c)(l), below. (c) Infill According to the EIR, “The project site is an isolated ‘island’ of agriculture su’ by existing urban uses.” See EIR page 5.1-15. See also discussion of Findir (b)(4), above. Approved Development Adjacent to Project Under Existing Specific Plan Approved Specific Plan 207, without the proposed amendment, anticir development of approximately 1.88 million square feet of retail, office, and hotel not covered by Williamson Act contracts and not included in the Agricultural I That area is a “core” surrounded by the Preserve. See Attachment E for depictioi of Project outside the Agricultural Preserve. If contract cancellation is not appr the areas requested, the agricultural lands remaining under expiring contracts adjacent to development occurring as a result of the currently approved Speci Therefore, cancellation of the contract for development of the Project under Spec 207(A) actually provides for more contiguous development than the current appro for the site. (d) B. FINDINGS PURSUANT TO SECTION 51282(~) - FINDINGS REGA CANCELLATION IS IN THE PUBLIC INTEREST. As the proposed contract cancellation is consistent with the purposes of the Williamson A is no necessity to override its purposes for the sake of the broader public interest. Howt cancellation is, in fact, in the broader public interest, for a wide variety of reasons, a public interest considerations would outweigh any conceivable or perceived inconsistenc the purposes of the Act, were they to exist. Pursuant to Section 51282(c), cancellation of a contract shall be in the public intere Council or Board makes both of the following subfindings: Section 51282 (c)(l) - That other public concerns substantially outweigh the objectivt Williamson Act. Section 51282 (c)(2) - That there is no proximate noncontracted land which is both avail, suitable for the use to which it is proposed the contracted land be put, or that developmei contracted land would provide more contiguous patterns of urban development than deve of proximate noncontracted land. Page 16 0 0 1. Section 51282(c)(l) - THAT OTHER PUBLIC CONCERNS SUBSTAN’ OUTWEIGH THE OBJECTNES OF THE ACT. Cancellation of the contract is necessary to implement the Specific Plan 20’ General Plan Amendments, and the Specific Plan Amendment Environmenk Report. The years of remaining restriction if the contract is not canceled pr significant public benefit; may not result in the continued agricultural uses on the during the entire time; will find adjacent property impacted by the currently i Specific Plan allowing development of 1.88 million square feet of retail, office, and development. and hospitality, and, are substantially outweighed by commun for open space and recreational facilities, iobs and community development, educational benefits of the Proiect. Perhaps the most central legislative purpose of the Act, as provided in Section 5 is the “discouragement of premature and unnecessary conversion of agricultura urban uses”. The proposed conversion at hand is neither premature nor unneces instead, critical and necessary to preserve the most valuable agricultural land to pc agricultural use, and other agricultural land to an authorized compatible use, a goj (a) City, Regional, and State Government Support for Project City, regional, and state agencies and officials have supported this LEGOLAND, which is the key element of the integrated Project. The Carlsbad City Council adopted two resolutions actively supporting and LEGO for this site. City of Carlsbad City Resolution 93-56, adopted by Council on March 17, 1993, authorized City staff to implement an e development strategy for Carlsbad Ranch, including: an evaluatior compatibility of the Carlsbad Ranch project with existing City policies a objectives; an analysis of the costs and benefits provided by the Pro. evaluation of economic incentives that can be offered by the private se City, and the State to facilitate economic development; and, assignmc Project Development Team. The City of Carlsbad City Council also adopted City Council Resolutior on July 19, 1994, to execute a Memorandum of Understanding (the ‘ between the City and LEGO with regard to the planning and processin LEGO Project. The MOU contains a provision for the considerati Development Agreement for Carlsbad Ranch between the City and LEG Agreement has been negotiated and is submitted concurrently with the pc agricultural contract cancellation and is subject to review and approval by Council. In addition to the City, regional agencies and State of California t participated in the site selection and planning process with LEGO becaut regional and statewide benefits of the Project. On May 12, 1993, the Carlsbad was joined by the San Diego Economic Development Corpora the Team California in meeting with LEGO to present a schedule of incen selection of this site for LEGOLAND. In addition, the written preseni Page 17 0 e Team California included the Governor as Honorary Chair, and State Secretaries for Trade and Commerce; Business Transportation and Housi Child Development and Education. Attachment K is a comprehensive li Team California members and a copy of the California Trade and Cc Agency Director’s introduction to the Team’s written comments. Cc included those commenting on this site’s benefits with regard to public of education and infrastructure. Some of those comments are cited in below. (b) Public Benefits Based on the following considerations of elements of the Project, it is cc that there is interest of the public as a whole in alternative uses of the agr land and that cancellation is in the public interest because other public t would substantially outweigh the concerns of the Williamson Act. Am0 are: (i) AGRICULTURE Agriculture remains one of California’s leading industries and agricultur: land is clearly regarded as a priority land use at state and local level Williamson Act is intended to encourage the preservation of prc agricultural land. Implementation of all the Project elements will pro economic support for the continued agricultural use in those areas of the that are best suited to sustainable agricultural production on the basis of si and market, i.e., The Flower Fields.. Without the other elements of the the Flower Fields may not continue in production. In addition, implem of all of the Project elements provide for the conversion of less viable agr land to golf course, a use compatible with agriculture. See also discu Agriculture in Finding Section 5 1282 (b)(2), above. The Flower Fields Planning Area will be buffered from the surrounding url by walls and berms to protect the agriculture. However, The Flower Fielc integrated portion of the Project, will have pedestrian access througlr Project. Conclusion: Cancellation of contracts for development of the Projec integrated whole will allow the Open Space and agricultural uses of the Fields in peTetuity. (ii) INFILL The Project is an infill project. Currently, there are visitor services and re adjacent to the Project on both the southern and western boundaries. The will continue the viable agriculture that currently exists in the western a3 Flower Fields, and convert other lands currently under Williamson Act in the western area to a use compatible to agriculture and expressly au under the contract, i.e., golf course. Retail services will be provided adj Page 18 e 0 current commercial areas. The visitor services aspects of the Project, Soup Anderson’s on Palomar Airport Road, will be extended to thc portions of the Project with LEGOLAND and the planned Resort. The currently approved Specific Plan for the Project area includes devc of approximately 1.88 million square feet of retail, office, resel development, and hospitality uses. Therefore, the Project as planned infill to those approved plans. Conclusion: Land remaining under contract would be impacted development of 1.88 million square feet of ofice, retail, reseal development, and hospitality uses under the existing Specific Plan 207, Project is a superior infill solution. (iii) EDUCATION A primary focus of the Project, as an integrated whole, is education. No ( is available to provide the necessary components for the Project as a who1 are three Planning Areas that have education as a strong focus: e LEGOLAND The heart of the Project is LEGOLAND, a 128 acre site comprising 1 Area 4 of the Project. The Specific Plan Objective 5 provides for LEG( to focus on creative education experiences for children. See Speci Amendment, Page 38. LEGOLAND’s are designed around the child, wi on children from ages 2-13. A goal of the parks is “a world of le Besides play areas, park areas, and Miniland, which is a miniature land landmarks and scenes from throughout the world, LEGOLAND will feat1 focused involvement of children in an educational context. First, LEGO building workshop areas will be incorporated for children of ( ages. Classes led by LEGO model designers will be offered where chilc create their own LEGO creations with computers. A LEGO Driving Sck be included in the park, with instruction to groups of children and a driving course. Finally, the LEGO Educational Department will produce and provide r used by teachers in preparation for classroom visits, and as follov LEGOLAND visits. LEGO Dacta is the educational division of Originally formed in 1980 to develop classroom applications for LEG( LEGO Dacta provides curriculum support materials for children from pi to high school in all 50 states. LEGO Dacta staff works with classroom to develop hands-on learning experiences that put children in the active scientist, inventor, or engineer using LEGO and Duplo blocks. Recentlj announced that LEGO Dacta had entered into a partnership with the ( School District for a pilot program to provide LEGO Dacta educational 1 in each grade in all schools in the District. See Attachment L, for recer Page 19 from the San Diego Union-Tribune discussing this program and quoting cements by the Carlsbad Unified School District Board President. In the May 12, 1993, Team California Proposal from State of California, the value of LEGOLAND with, regard to education was recognized in comments from the Governor’s Office of Child Development and Education: . . .LEGO’s own emphasis on creative and imaginative ideas, the exuberance of learning and self-expression, quality education and a caring environment mirrors California’s aspirations for its children.. . . ..The values of LEG0 recognize and acknowledge the importance of an integrated support delivery system for children by incorporating family fun and participation with learning, safety and quality with a caring staff and community involvement.. . 0 The Flower Fields An integral part of the Project is Planning Area 7, which consists of The Flower Fields. This area will continue in the production of bulbs and cut flowers. Currently, there are seasonal Flower Field tours. These tours will continue and be expanded with development of the entire Project. Annual seasonal tour totals are projected at approximately 5,000- 10,000 visitors. The tours provide education on the history of approximately 53 acres of agriculture in the area traditionally known as The Flower Fields, as well as flower and bulb cultivation and the role of agriculture in an urban environment. It is anticipated that there will be coordination with the LEGOLAND school tours and educational materials. l Gemological Institute of America (“GIA”) The Gemological Institute of America Vocational School, Planning Area 1, is part of the existing Specific Plan (SP 207). It is a three parcel site, with two parcels currently under construction, for a vocational campus including classrooms, auditoriums, research and laboratory, dormitories and recreational facilities. This portion of the Project is already approved and underway. One of the three parcels in this Planning Area is under Williamson Act contract, but is not requested for cancellation. The contract was covered under the Notice of Nonrenewal, and the contract remains in effect until January 2001. Conclusion: The Project as an integrated whole will provide significant public benefits in education. (iv) JOBS AND ECONOMIC DEVELOPMENT A significant public benefit from the Project is the creation of new jobs. In addition, there will be a substantial increase in local and state government revenues as a result of the Project. Page 20 0 0 e New Jobs According to a study done by CIC Research, Inc. for the California De of Business and Economic Development, construction of the LEGOLANC of the Project will create approximately 1,718 full time equivalent jot resultant payroll spending and multiplier effects on other parts of the 1 regional economy of approximately $1 85 million. The EIR indicates that, in total, the Project will generate approximate1 4,000 service jobs for hotels, restaurants, retail, and LEGOLAND. This re approximately 7- 10% of the total Carlsbad employment anticipated in 2005, according to SANDAG’s Series 7 Growth Forecasts. See EIR pag 3. Of this total, approximately 800 jobs are for LEGOLAND, with appro 100 full time and the remainder part time. The projections are base( projected LEGOLAND annual attendance of 1.8 million visitors, as employment in the hospitality services, golf course, The Flower Fit Specialty Retail, and the Research and DevelopmentIOffice Areas. The EIR estimates that the jobs will directly benefit Carlsbad residents. states on page 5.9-1 1: ... Many of the new jobs are expected to be filled by the E unemployed, underemployed, or other employment-seeking resil Carlsbad and surrounding communities. These new emploq expected to continue living at their current residences and corn work in the specific plan amendment (sic) area ... In addition to the service jobs generated by the project, the EIR estim; research and development uses in the Project could generate an addition? 2,000 jobs. Thus, the total of new jobs in both the service and non-servicc ranges from approximately 4,000-6,000. The EIR estimate of new jobs is consistent with one that can be computed using the City of Carlsbad Ho Nexus Analysis working papers. Using that study’s final per-employee factors for the planned square footage in the Project would indicate at estimated 5,500 new jobs. According to the City of Carlsbad Housing Nexus Analysis working pl 1990: ... only 28.4% of Carlsbad workers also live within the City. As r expected, this compares poorly with larger jurisdictions such as of San Diego and both the City and County of Sacramento, who geographical areas makes it more likely that workers a residents. .. .These figures are averages across all occupational gro land uses. According to SANDAG’s Series 8 Growth Forecasts, without this Project, in Carlsbad households between 1990 and 2005 will be approximately 535 Page 21 e 0 the growth in employment in the same time period will be approximatc Therefore, in order to provide a better balance of jobs and housing, ne\ all levels are needed in Carlsbad. This Project’s contribution of 4,000-6. jobs will help in better aligning the jobshousing balance in the city. The loss of current agriculture jobs from the development of the P insignificant as some jobs will be relocated to other agricultural land in flower production employment is more labor intensive than fruit and \ production employment, and the jobs created throughout the Project will a wide spectrum of semi-skilled, skilled, and professional jobs. e Based on data in a 1993 Price Waterhouse study for the City of Carlsbad Impact Study and Incremental Revenue Analysis of LEG0 World Then and a City of Carlsbad staff working paper on revenues and expenditures from the Project, it is estimated that development of the Project will estimated annual City tax revenues of approximately $5.4 million to $5.5 This represents approximately 14% of the City’s 1994-95 General Fund This estimate does not take into consideration additional revenues resulti the indirect “multiplier effect’’ of consumer and business spending. City staff working papers estimate additional annual City budget expend serve the additional development of approximately $2.2 million p Therefore, the net additional annual revenues to the City are estimated approximately $3.1 million to $3.2 million. See Attachment M for sum City revenue and expenditure estimates. The City staff working papers estimated additional annual San Diego County property taxes at approximately $530,000 to $570,000 from the Project. Further, there would be increased annual revenues for the State of California from the Project. The City of Carlsbad staff working paper estimates additional annual state sales tax revenues of approximately $6 million. The 1993 Price Waterhouse fiscal impact study estimated additional annual state personal income tax revenues from of approximately $160,000 from the LEGOLAND new employment. New personal income tax revenues would also occur from the other 4,500-5,200 new jobs created in the Project. Moreover, there would be unquantified additional state corporate income tax increases. Conclusion: The Project as an integrated whole will provide significant public benefits through new employment and additional local and state revenues. City, Regional, and State Revenues Page 22 0 0 (v) RECREATION The recreational aspects of the Project are part of the integrated total for which there were no other comparable sites on noncontracted land. The Project includes LEGOLAND, the golf course, The Flower Fields, and open space. These elements of the Project will draw from a regional area. LEGOLAND is planned to incorporate a park setting with active and passive activity nodes. The facility will attract visitors from around the world to the Project. The California Trade and Commerce Agency, Division of Tourism, is very supportive of this venture and is eager to incorporate LEGOLAND in its advertisements for California tourism, as reflected in their letter of support to LEGO. See Attachment N. In addition, the Division of Tourism, through the State Office of Permit Assistance, provided the following information on tourism benefits to the state from LEGOLAND: Approximately 1.95 million persons are expected to visit the park in its first year, increasing 3.7% annually for the first two years, 2.8% annually for the second two years, and 1.4% annually thereafter. These visitors will spend an estimated $50 million on tickets, food and beverage consumption, and merchandise. Spending is expected to increase 3 to 4 percent per year initially, and will level off at an annual growth rate of 1.4 percent. Taking into account the indirect and induced impacts resulting from this spending, the total estimated impact of LEGOLAND visitors will be $76 million. The proposed golf course has several aspects. It is part of the entire LEGOLAND planned site, providing an attractive landscaped setting. The golf course will also provide an additional amenity helpful to making the entire Project a destination, comprised of LEGOLAND, the Resort, and the Flower Fields. Additionally, use of land for a golf course is an authorized compatible use with its historic agricultural use, and conversion to a golf course will not irrevocably result in the land being lost to agriculture or to open space. Finally, the approval of Proposition G, in 1989 by the voters of Carlsbad, authorized the expenditure of in excess of $1 million for new recreational facilities. As a result of the approval of Proposition G the City has responded by planning and purchasing land for an 18 hole golf course adjacent to Carlsbad Ranch. The City’s RFP for design of the golf course includes a 27 hole option, linking with the 9 hole course in Carlsbad Ranch and on the SDG&E land to the north. Therefore, there are significant public benefits with the proposed golf course. The Flower Fields provide both a passive recreational value to the entire Project in providing a visual amenity and appropriate low density Page 23 0 e setting for LEGOLAND. No other site is comparable in location with The Flower Fields. Additionally, tours of the Fields will provide an active recreational use. The Flower Fields are considered an important scenic resource in the City. The EIR notes that Agriculture Goal C.4 of the Land Use Element of the City’s General Plan states, “Attempt to preserve the flower fields (sic) or lands east of 1-5 ... through whatever method created and most advantageous to the City ...” The pedestrian trail and walkways will contribute to the recreational needs of the employees working within the Project, as well as to tourists and visitors from the region. And, finally, Planning Area 9 provides preservation of 10 acres of naturally vegetated land as open space. It will provide a buffer between the resort and adjacent lands. Conclusion: The Project as an integrated whole will provide significant public benefits in providing recreational opportunities for the region. (vi) INFRASTRUCTURE The location of the Project provides a unique opportunity to improve the current roadway infrastructure, to increase opportunities for mass transit, and to establish an innovative and environmentally sensitive water supply system. e Road Improvements The Project includes approximately $1 5.5 million in circulation element improvements from a variety of funding sources including Community Facility District financing, public facilities fees, city funds, state transportation fund matching funds, and direct developer contributions. Improvements address current need, and need resulting from development of the Project. Significant improvements include: (a) the extension of Cannon Road from Car Country Drive to the eastern boundary of the Project, for a cost of approximately $8.5 million. Sources of funds will be a combination of Community Facility District financing, state matching, and local fees from the developer and SDG&E. This will link with the proposed Armada Drive, and provide an alternative northhouth linkage between Cannon Road and Palomar Airport Road east of Interstate 5. the extension of Cannon Road from the Project to El Camino Real either during the construction of the Project or at completion, for a cost of approximately $3.3 million. This will (b) Page 24 0 provide an additional link between the interior circulation of El Camino Real and Interstate 5 without impacting Palomar Airport Road. Sources of funds will be Community Facility District fees and the Cannon Road West Fee Program. the construction of Armada DriveLEGO Drive from Cannon Road to Palomar Airport Road, for a cost of approximately $2.57 million. Sources of funds will be Assessment District fees, guaranteed by the developer. According to the Specific Plan, “the Carlsbad Ranch’s internal circulation system is also intended to enhance the existing network by providing alternative routes for movement.” (See Specific Plan, page 11). Cancellation of the contract on the Project area will allow feasibility of the bond financing for the circulation improvements by creating the higher, non-agricultural assessments, upon which bond financing is based. In the May 12, 1993, Team California Proposal from State of California, the value of LEGOLAND with regard to public benefit was recognized in comments from the California Department of Transportation Agency (Caltrans): (c) ... Caltrans has reviewed the economic projections for the LEGO Family Park in Carlsbad and fully supports the total project. Caltrans’ analysis of the proposed LEGO Family Park confirms that infrastructure investment by Caltrans is well-placed and fulfills Caltrans’ mission to promote the economic vitality of the State. Moreover, the location of the LEGO Family Park in Carlsbad will have decided regional economic and cultural benefits, increased employment and tourism. The California Transportation Agency, therefore, is committed to the success of the LEGO Family Park as a clear benefit to the State and region and will fund 50 percent of the $6 million estimated for improvements at the Cannon Road interchange to accommodate traffic generated by the LEGO family park. e Increased Opportunities for Mass Transit in the Region Intensified development of the Project, compared to current land use, will provide the opportunity for use of mass transit opportunities by providing a critical mass to make mass transit a viable alternative. The Specific Plan provides on page 47 and page 62: ... Given the strategic location of the Carlsbad Ranch near the I- 5 corridor, and within one-half mile of the San Diego Northern Page 25 0 0 Railroad rail line, there are clear opportunities to develop a land use plan and circulation system for the planning area that will encourage the use of alternative nodes of transportation, while conveniently accommodating automobiles.. . ... With the development of the Carlsbad Ranch as a significant community focal point and destination, there are significant opportunities for this area to emerge, over time, as a local transit hub.. . The California Department of Transportation, as a member of Team California, supported LEGOLAND’s siting near rail transportation and proposed a partnership in promoting train ridership. See Attachment 0 for letter from Caltrans Division of Rail to LEGO. 0 Wastewater System The Project will be a conservation leader by making use of a dual water system both for agricultural fields and landscape irrigation in all Planning areas. Use of reclaimed water for the agriculture planned in this Project is feasible because reclaimed water can be used more successfully for floriculture than for vegetable production. In addition, a mitigation impact requirement of the EIR is that dual plumbing be used for office, commercial, and industrial uses, as well as the LEGOLAND project, as deemed feasible by the City. The California State Water Resources Control Board was included in the Team California, and commented in that presentation: The State Water Resources Control Board supports and encourages the use of reclaimed water as an integral part of state and local government initiatives to protect our environment and conserve water supplies, preserving and enhancing precious natural resources The use of reclaimed water at the LEGO Family Park site will provide environmental, conservation and aesthetic amenities consonant with civic, social and economic imperatives in California and the United States. (vii) Local Coastal Program (LCP) Mitigation Fee Development of agricultural land on Carlsbad Ranch will provide a regional and statewide public benefit to resource conservation through projects funded by the landowner’s payment of the Local Coastal Program Mitigation Fee. California Public Resources Code Section 30171.5 requires payment of a mitigation fee for development on nonprime agricultural lands in the coastal zone. Within the City of Page 26 0 e Carlsbad, mitigation fees are deposited in the State Coastal Conservancy Fund and are used for Carlsbad area conservation projects, as outlined in the statute. Fees are set by the City Council at between $5,000 and $10,000 per acre of agriculture land developed. This fee is paid on all nonprime agricultural land whether or not it is covered by a Williamson Act contract and in addition to any applicable Williamson Act cancellation fee. Conclusion: The Project as an integrated whole will provide significant public benefits in providing public infrastructure benefits for the region. 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. This subfinding is identical to Subfinding 5 1282(b)(5) for the consistency with the Act finding. See discussion above under Subfinding 5 1282(b)(5). 111. The 1981 California Supreme Court decision in Sierra Club v. City of Hayward 28 Cal3rd 840 (1 98 l), discussed three major issues with regard to Williamson Act contract cancellation. A. PREFERENCE FOR NONRENEWAL RATHER THAN FINDINGS PURSUANT TO JUDICIAL DECISIONS CANCELLATION 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. The specific needs of the Project for early contract termination nor the increasing uneconomic nature of the agricultural use in an urban setting could not have been reasonably anticipated by the City or the landowner in 1987, when a Notice of Nonrenewal would have to have been filed for the contract on the land to expire by 1996. The landowner’s and city’s response in the late 1980’s was to reconfigure the agricultural preserve to maximize the use of Carlsbad Ranch land for both agriculture and development. The landowner’s response to the failure of tenants due to increasing economic pressures on agricultural production was to assume production itself in an attempt to keep the most viable lands, The Flower Fields, in production. A Notice of Nonrenewal for the entire preserve was filed in late 1991. At that time, formal Page 27 0 0 planning was begun for Carlsbad Ranch uses which were compatible with the surrounding urban uses. A Specific Plan, SP 207, was adopted in 1993 and provided for urban development outside the agricultural preserve on Carlsbad Ranch. Until the planning process was completed through the Specific Plan and EIR, neither the landowner nor the City could identify which, if any, of the contracted lands would require early termination. As late as 1994, the Project was uncertain as the essence of the Project faced a local vote on the approval of LEGOLAND. Cancellation of a portion of the land under contract was requested due to the unique public interest of the Project, as an integrated whole, and the planned urban development surrounding the Project area. Finally, as is demonstrated by the other findings, waiting now for contracts to expire by nonrenewal is not a viable option and would not be in the public interest. WILLIAMSON ACT PURPOSES INCLUDE BENEFITS BEYOND THE REGION AND FOR ORDERLY PLANNING 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 Proiect from education, new i ob creation and sustainable economic development, local government fiscal strength, and infrastructure provision outweigh the public interests in open space at this location. The Project, as an integrated whole, will provide for preservation of the most viable agricultural land, The Flower Fields, beyond the time period that would otherwise occur with a termination of contracts due to nonrenewal. Additionally, the Specific Plan includes open space and golf course uses for a significant portion of the Project, and more contiguous urban use patterns than even the present local plan. The Project, as an integrated whole, has regional and statewide interests which outweigh the public interest of continuing portions of the Project site as agriculture for the approximately 5 remaining years of the Williamson Act contract. The public interest served by the contract cancellation and proposed development is evidenced by the state/local partnership of the Team California effort. Benefits include the regional and statewide ones delineated in Section A(l)(e), above, Findings Pursuant to Section 51282 (b)(5): 0 B. preservation of most viable agricultural land in perpetuity, not only for the remaining years of the contract term; infill of urban area, as found by the certified EIR; Page 28 0 0 0 e unique educational facilities supported by the state and local agencies responsible for education; significant new job creation and sustainable new local development, supported by state and local agencies responsible for economic development; significant new state and local revenues supported by the state and local agencies; new recreational areas benefiting the region and state, and supported by state and local agencies; new public infrastructure and mass transportation ridership supported by state and local agencies; and conservation projects funded by state imposed coastal fee which benefits the local region. 0 0 C. IDENTIFICATION OF VIABLE REGIONAL ALTERNATIVE SITES WITHIN A PROXIMATE DISTANCE WILL PRECLUDE CANCELLATION The City has conducted a thorough analysis of Proiect alternatives and alternative sites under CEOA, and concluded no better alternatives to the proposed cancellation exist. As part of the CEQA process of considering and certifying the EIR for the Project, the City considered alternative sites for the proposed Project. Additional consideration of alternative sites is discussed in Section A( l)(c), above, Findings Pursuant to Government Code Section 51282 (b)(3). The alternative sites examined include those throughout the San Diego region, in excess of 7 miles from the proposed site. This meets the alternative site examination suggested in the Sierra case. The cancellation areas within the Project are needed for immediate conversion to implement the entire plan in a phased order and a timely fashion. The individual uses of the Project cannot be disaggregated and addressed piecemeal. The LEGOLAND national site selection process was based upon specific site values and multiple uses. The Sierra case suggests that the size of a proposed development not be a significant factor in the search for alternative sites “unless by its very nature the developed use requires for its success a minimum amount of land.” Because this project does require a minimum of 400 acres (one of the LEG0 criteria discussed above in Section A( l)(c), the alternatives chosen were appropriate alternatives. They were all rejected after examination. Page 29 0 0 Therefore, (i) the development contemplated under the Specific Plan is an infill project; (ii) the City has reviewed land use alternatives and determined no other alternatives can meet the objectives of the Specific Plan Amendment; (iii) no other land could be substituted to meet the Specific Plan Amendment’s phasing requirements; and (iv) the exceptional nature of this Project, benefiting both the region and state, justifies the cancellation of a portion of the Williamson Act contract. Page 30 0 0 LIST OF ATTACHMENTS A. B. C. D. E. F. Regional Map of Area G. H. I. J. K. Table of Assessor Parcel Numbers with Portions Requested for Cancellation Depiction of Assessor Parcel Numbers Requested for Cancellation Table of Assessor Parcel Numbers by Specific Plan Amendment Planning Area Depiction of Specific Planning Amendment Planning Areas Depiction of Project with Agricultural Preserve Designation Map of Important Farmland Surrounding the Project Depiction of 1991 Farm Production Areas in Carlsbad Ranch Depiction of Carlsbad Ranch Agricultural Land Designations Summary Matrix of Alternative Project Sites List of Team California Members, and Written Comments by California Trade and Commerce Agency Secretary San Dieno Union-Tribune Article on LEG0 Dacta and Carlsbad School District pilot program Table of City of Carlsbad Estimated Annual Revenues and Expenditures from the Project Letter from California Trade and Commerce Agency Director of Tourism Letter from California Department of Transportation Division of Rail L. M. N. 0. m 0 Attach m e Carlsbad Ranch Acreaae In APNs Requested for Came Ifation Acres Requested Acres in APNs for Cancell- APN 21 1-02245 107 54 149.14 2 1 1-022-06 2.68 27.95 21 1-023-02 15.95 39.88 21 1-023-05 8.08 12.00 21 1-023-06 44.86 71 96 TOTAL 179.11 Attachment B w - 0' 1600' I- sw: - 1' = 800' N 211-023-03 ~ APN 211-022-05 . ASSESSOR'S PARCfL NUMBER AREA (Acres) 2 1 1 -022-05 107.54 21 1-022-06 2.68 2 1 1 -023-02 15.95 2 1 1 -023-05 8.08 2 1 1 -023-06 44.86 Pd Dote: 10/09/95 he: 13: PC #l fll.E=f:\JCMS\691014\LCOMwMOM; Attachm a 0 Cartsbad Ranch APNs Requested for Cance Hation bv PIannina Area Specific Plan Total Acres Amendment to be Canceled Portions of Plannina Area in Plmina Area APN Area 2 - Research and Development/ Office Planning Area 21 95 21 1-023-05 21 1422-05 21 142246 Area 4 - LEG0 Planning Area 93.35 21 142245 21 1.423-06 Area 5 - Resort Planning Area 47 86 21 1-022-05 21 1-023-06 Area 6 - Specialty Retail Planning Area 15 95 21 1-02342 TOTAL 179.11 Attachmen 0 0' 1600' 800' I- SCALE: 1' = 800' i I .............. ............. .............. PLANNING AREA AREA (Acres) PLANNING AREA AREA (Acre: 1 0.00 7 0.00 2 20.87 8a 0.00 3 0.00 8b 0.00 4 93.35 9 0.00 5 47.86 ARMADA ORE 0.00 6 15.95 LEG0 DRNE 1.08 e 0 .--- AG~A HUI?NDA LAGOON .-. Attachment E '-. \ 2' L /' 7.. \ -- /-' I. <\ -:\ -- c PAc:rlc CaX~ CARLSBAD RANCH: WILLIAMSON ACT LANDS Non-Williamson Act Lands 121.94 Williamson Act Lands Remaining Under Conmct 146.35 Williamson Act Lands to be Removed from Conmct 179.1 1 a tF-1 /.' ,' 0 -_ 0 -c 4 --\ttachm (D Figure 2 CITY CONTEXT 3 Attach ~ansiee Cc2ar: ,J a c; f j c 3c3ar! - /- CrrYOFcARLsEAD . - P ' PRIMFARMLAND San Dicgo s ~ ~M~UNOOFSTA~OE County BO UN OARY - lMP0RTANcE - - - - u ' UNtQUEFAR"0 : W j WAER Encini ' L ' FARMLANDOFLOCALIMPORTANCE = - x I OTHERUND - - - D 1 DEVELOPEDLAND I SOURCE: State of Coiifomia. bportment of Coruwutian Figure 5-7 Important Farmland e!! b ! nxxl north Surrounding the Project Site + Carlsbad Ranch Specific Plan Arnebea 5. I-? Civ ofCcUlsbad Program EIR 4 Attachment H FARM PRODUCTION AREAS - -'--- - 11 Attachment I e 0 kE G E N D EST $%JBTE.D . ~~~~~A~~ .----._ 4 .__- - - %EA$.T . (BASED ON SBfL%,CttMATE, SLOPE,AND DRAtNAGE: -.... . .. 0.E.V E t cr P M E N 9 .. .. --=%?sa-= --__ .. .--- 0 @Attachment J TABLE 6-2 MATRIX SUMMARY OF SITE ANALYSIS FOR THE PROJECT IN THE SAN DIEGO REGION (Fourth) Street and south of San Luis Rey ed-Use with compatible uses Oceanside, adjacent to 1-5, south of Mission Avenue, north of Oceanside Blvd. people within 3 hours drive metropolis of 30 min. terstatejFreeway am via major arterial road Carlsbad Ranch S cijic Plan Amendment Ci of Carlsbac Final Program Elif" 638 %vember 199. 0 e TABLE 6-2 MATRIX SUMMARY OF SITE ANALYSIS FOR THE PROJECT IN THE SAN DIEGO REGION (Continued) city of aula Vita Sweetwater Road Carlsbad Ranch S cific Plan Amendmenr CI of Carlibac Final Program E1 k" 639 &ember 199. Qualirition Criteria complianct Site Laeatioa No Item San Ysidro, Otay MeSa Mexican-US border 2 Max. distance from major metropolis of 30 min. (site #7) 3 Site acreage min. 400 net acres San Ysidro. near 1 Population base of 15 mil. people within 3 hours drive Site part of Mixed-Use with compatible uses Direct Intentate/Freeway access via major arterial road Max. distance from the Interstate/Freeway of 2 miles No access through residential neighborhoods 4 5 Transportation 5.1 53 5.3 5.4 F'roximity to rail sexvice 6 Utilities available nearby 7 7.1 7.2 8 9 Land Owner and Developer performance requirements Capable of undertaking Zoning/Land Development Commitment to develop suitable ancillary projects Commitment to suitable Master Plan from Developer & City Low density neighbor projects with quality landscaping cy4 0 Yes Yes YeS h h h PI YeS YeS YeS Nt Ni Ni .. .~ Attach Team-California . Governor Pete Wilson 0 State of California Governor Pete Wilson Julie M. Wright, Secretary, Trade & Commerce Agency Tom Sayles, Secretary, Business Transportation and Housins Agency Maureen DiMarco, Secretary, Governor's Office of Child Development and Education Tom Nagle, Director, Employment Development Department Gerry Geismar, Executive Director, Employment Training Panel Caroline Petersen Beteta, Director, Tourism Marketing, Trade & Commerce Agency Steve Spears, Legal Counsel, State Board of Equalization Judy Jarvis, Director, San Diego Regional Office, Trade & Commerce Agency John Lungren, Jr., Director, Special Projects, Trade & Commerce Asency Lydia Beltran, Project Manager, Employment Development DepartmenVTrade & Commerce Age1 Lego Family Park Hans Henrrk Gram, Lego, Manager, Strategic Planning & Finance Joe Manna, Lego, Director, New Ventures & Licensing Jens Fleming Jensen, PM International, President Merete Raahauge, Corporate Counsel, Leg0 Foundation Todd Anson, Brobeck Phleger & Harrison, Attorney at Law Mike Conigan, Price Waterhouse, Managing Partner City of Carlsbad Mayor Claude Lewis Mayor Pro Tem Margaret Stanton Ray Patchett, City Manager Marty Orenyak, Community Development Director Jim Elliott, Financial Management Director Michael Holzmiller, Planning Director Lori Lieberman, Assistant to City Manager Cynthia Haas, Senior Management Analyst §an Diego Convention & Visitor's Bureau Terry Cahill, Vice-president, Marketing §an Diego Economic Development Corporation Steve Weathers, Vice-president GosnellPointe Builders Steve Adelson, Vice-president, Commercial Sales RIC Williams, Vice-president, Project, Coordination, and Planning Carl tas John White, President - 0 e - CmIFORNLA TRADE AND COMMER!CE AGENO Pac Whn THE LEGO FAMILY PARK Governor 1 Julie Meicr wnight i 1 secrm?y 1 I I NTRODUCTI~N I ’ I I sPn~icgo I The State of California is pleased to present this $6 million proposal to LI World A/S for the first United States LEGO Family Park. The LEGO visic ideas, exuberance, and values are shared by Team California whic positioned to make your U.S./Carlsbad LEGO Family Park an astoun ~egioa~l i SUCCBSS. Offia This proposal is dedicated to the infrastructure assistance, human resoL support, and marketing program inclusion under the endorsement 01 California Trade and Commerce Agency. The LEGO team includes the State of California, the City of Carlsbad, the Diego Economic Development Corporation, the County of San Diego, uti1 property owners, and land developers. However, this portion of the pro1 reflects only the State of California’s support to the LEGO project. Governor Pete Wilson’s commitment to this project is total and unreserw he presents to you the State of California’s job incentive and infrastru program which is specifically designed to meet EGO’S needs. Under Gov Wilson’s direction, the California Department of Transportation (Caltrans provide $3 million in infrastructure improvements, the California Employ Development Department has committed $sOo,O00 in staff and sewices, an State Employment Training Panel $2,500,000 in training reimburserr Moreover, the California Office of Tourism will identify the LEGO Family Pa part of its $34.7 million destination marketing program. Cattrans alsl include the LEGO Family Park as part of its $3.7 million coope Caltrans/Amtrak marketing program. The proposal includes comments from the Governor’s Office of Development and Education relating how the EGO Family Park compler and mirrors California’s educational initiatives. The proposal also inc information on the State Water Resources Control Board’s $5 million low in1 loan for water reclamation on the LEGO Family Park site, and a summi other benefits to LEGO, such as the Employer Child Care Tax Credit an Ridesharing Credit. 1 I I I 1 ! I 1 i I 750 ‘B Sweet sul Diego, cA I 92 101 - 1822 Suite 1830 Attachn 0 0 * Friday, September 29,1995 THE SANDIEGO UNION-; - - Leg0 to build partnership with Carlsbad schools to benefit kid that allows students to see, touch recognition, while older cf and work with all kinds of levers can learn about tools, the er and gears," school board President ment, dinosaurs and cities - CARLSBAD - The school James McCormick said yesterday. even deslgn vehicles out of board and Leg0 toy company have' "I think it's going to be a fabulous. bricks and then, using a con entered into a $27,000 partnership benefit in helping with the educa- program, learn how to make that wiIl provide Leg0 Dacta educa- tion of children." move. honal products for use in each Under the agreement, the Leg0 grade at all schools in the district. toy company will donate $15,000, Under the partnershsp, te The pilot program, unanimoudy the school district will fund $6,500 and students will incorporatc approved Wednesday by the school and the Carlsbad Educational Foun- Dacta products in science, tC board, is the largest donation of its dation will eve $5,500 toward the ogy z~d rnathemri-s c2' L:nd iom kc Danish loy manuik. project. The idea is that because SO turer since it made a decision to Dacta was established by Leg0 in students have played with built its $100 million theme park 1980asaneducationalcomponent. products, they will enjoy le here. For younger children, Dacta pro- through Dacta products, o "Lego's come up with a project grams offer letter, color and shape said. By DAYNA LYNN FRIED Staff Wnter ~ -- Attach m e n 0 0 Swmmarv C-ARLSBXD RANCH CITY BE VEYcE .+YD EXf'E JDITC'RE EST1 )[.dTQ €i!z Revenues s Local Sales Tau S 993,500 Property Tax 650,000-700,000 Transient Tax 3,711,000 Business License 58,000 Total Revenues $ 5,312,500 to $5,462,500 cia costs s General Government $ 263,000 Public Safety 1,020,600 Community Developmen 43 3,400 Community Services 397,000 Library 176,000 Total Costs $ 2,290,000 Net Revenues (Costs) S 3,122,500 to $3,172,500 Source: City ofcarlsbad staff working paper 80 I K Street Suite 1600 Sacramento, CA 95814-3520 '4~ 916/322-3302 9 16/322-288 I partners. As an example of California's approach, the State is now working with Coca-Cola to conduct the largest consumer promotion ever done by Coca-Coia in Japan. Coca-Cola and other commercial sponsors are spending over S23 million to promote travel to California San Diego County is one of six California themes that will be seen on 492 rmllion cans of Coca-Cola products, 7.6 million point of sale materials, a national Sprint "800" line, and teievision advertising. Fully one- halfthe population has been reached by this campaigrs and an astonishing one-in- ten Japanese will enter the sweepstakes to win a trip to California Due to the success of this campaign, Coca-Cola Iast week approached our ofice to conduct a similar promotion in the United Kingdom. Among other promotional programs, the California Division of Tourism advertises travel to California throughout the United States, organizes major statewide and national consumer promotions, provides travel information to over 1.5 million traveIers a year, stimulates trave1 journalists' interest i? destinations throu&out the State, and conducts an extensive sales mission and trade show program in targeted -c e -. e Page Two cities and countfies @lease see California Dikision of Tourism 1993/'?4 Tourism Marketing Plan). Not only are we eager to incarpax the LegoIand areraction into thz aforementioned marketing activities, we inbite a representative of your attiaction to become an official member of the Tourism Commission's hfarkcting Xdvisorj Committee. This committee is comprised of the top tcurism marketing professionals in the state and provides invaluable input and direction to our tourism marketing progam. California receives over 23'4 miIIion visitors (person trips) each year, and the California Division of Tourism Iooks forward to worbig with the Legoland resort to ensure that it, too, will receive a substantial share of this vast visitor base. Please feel free to contact me or the Director of Tourism Marketing, Caroline Petersen Betetq should you have any fhrther questions or need additional information. Sincerely, 34@&f* - JOHN POIMROO Deputy SecretaryElirector of Tourism - .. 1 ,a .. --. ._ 0 - . . .. , 'A '- I 1. ' ld*,.A .t* .'.:2,+ , ';,A 5r2. .* .,+a Ah .* 4 . ':r 2, IC v: OEPARTMENT OF TRANSPORTATION ,4lVl!jiCN G+ f4,AlI- Attachment 0 = 3 mx w.2974 . 5ACPAMEN73. CA 9.127.r.c0~1 (916) X7-913 -- . ,c' ,9151 Gj4.;;1: ;,,: 9- IC;$; ,v.y -, hlr. jwph %np?a hec:,or Wew Ventures and Liceruing LEG0 sys&!m8, Lie 555 Taylor Road P.O. Box 1600 , EniieId, CT 06082-1W Dear Mr. Manna: The 2ad .Marketing bran& oi &e California Deputaent of Tmportation, (Caltrans) is pled to hear of your intaest in 10~ting Leg0 Fdy Park in Suuthem California. Our Taruibilitt is to irunase ridership on Statt-sporwrd AmtaL tr;lirj through advertising and promoting the benefits of ruf mveL . In pmership with Am- we spend nsly $10 million mdy promoting train travel in California, highlightmg popular Statewide destirutioru &at are accessible by train Some of those destinations have included tourist attractions sirmbr to Leg0 such as the Napa Valley, Ymite. Reno ar.d San Fmcisco; &,erne parks indxcbg Paramount's Creat America and Marim World: and speual evwb such 69 the Sacramento Tat: Jubilee, &e csliforztid State Fair d others. We ae also pmmotional prtners with the Oakland Athletics ard the Wornk hgcls. I have end& a direct mad piece we produced in 1992 as M example of one of our past marktting &m which hghhghted AmtraL: Jerrrice~ by Wg them with popular Cakfumh destinatio~~. An attraction iike Leg0 Family Park would be a IogicaI destination to indude in future publications like this one. We can ab envision pint promotions to boost Leg0 Family Park attendance and train rideship by =eating prize pduge giveaways with Amd kkeb and free admijsion tu Zego. Prize packages could be won in radio station contests, in school contests with loa1 children or in any number of imagimffve wap, sating good will and awarenejd of Leg0 and Arntrak -- -* 0 ..I. .. 4.r.t ...AA.. id . jt;iy :Z, ~YY,'I I'dS' 2 We klime our succes i? hcreaing ndenhip oil Cabfonu !Tarn 's tied, ~n part, to the datinatim we sme. Lqo's proximity to our %ULlen &ow se,-cic~ ?:gvitieJ be opportunity for a vaiuablk joint parmershl?. We weicomz % to Caiifocia acd !mic f0aa.d !O aCd3.3 :JOU to our list of GLfornia promoriomi paenen. PIeuc contact me at (?IO) 7L7-34!3 ii i can be oi my f.x!-!er icu u ta rrcc Sincerely, CIiginai Sicnod by ERIC SCtiXmEIE2, cud- Markeen3 BAnch ' Emlosure !xc CORFdeo ESchatmeier SAlston LCovirgton:133850ESxe m> General .. LA1 llYl I e 0 JANUARV COUNTY OF SAN DIEGO OFFICE OF THE ASSESSOR GREGORY J. S 1600 PACIFIC HIGHWAY, ROOM 103 COUNTY ASSE 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; In response to your letter of September 20, 1995, the followin information is provided. The Certified Current Fair Market Valu for the portions of land being canceled under California Lan Conservation Act contract #76-1, is $14,300,000. The allocatia of this value by parcel is: Request for Determination of Fair Market Value Full Market Value ----------------- Acres --_---_ APN --- 211-022-05 107.85 $ 7,450,000 211-022-06 5.38 240,000 211-023-02 15.95 2 , 780,000 211-023-05 8.45 1,830,000 211-023-06 44.86 2,000,000 g-r3;3aa;aaa If you have any further questions please call Patrick McKinney, a (619) 498-2270. Very truly yours, GREGORY J. SMITH County Assessor G-LJ 4 yJA.c.rhL& ROBERT L. TROVATEN Division Chief GJS:RLT:go cc: Carl tas Development Company -4 tt~c h m e n e 0 Carfsbad Ranch Acre3 oe In APYS Rea -uested for Cance htioq - Acres Requested Acres in APYS for Cancellation AE!L 21 1-02245 io7 a5 149.14 21 1-022-06 5 38 27.95 21 1-023-02 15 95 39.88 21 1-023-05 8.45 12.00 21 1-023-06 44 86 71.96 TOTAL i 82.49' e 0 A Rachn IF - 1x0' 0' :I SCG' y>= ;' = sca' -J f .................. .................. .............................. ............................ ........................... ............................ ............................ ............................ ............................ ............................ ............................ ............................ ............................ WUMASCN ACT MOS TO 8E REWED RCM MiSNG PMCm ASSESCR'S PARCEL NUWm AREA (krs) 2 1 1 -022-05 107.85 21 1-02266 5.33 21 142542 t 5.95 21 1 -025-05 8.45 21 1-023-06 4426 tXHlBlT ' * 0 January 9,19S CONDITIONS REQUIRED FOR FINAL CANCELLATION OF WILLIAMSON AC CONTRACTS ON PORTIONS OF LAND TOTALING APPROXIMATELY 179.1 1 ACRE! DESCRIBED AS THE LEGOLAND, RESORT, RESEARCH AND DEVELOPMENT OFFICE, AND SPECIALTY RETAIL PLANNING AREAS AND LEGO DRIVE OF THI CARLSBAD RANCH SPECIFIC PLAN AMENDMENT Pursuant to Section 51 283.4 of the California Government Code, the following condition shall be satisfied for final cancellation of Williamson Act Contracts on land totalinc approximately 179.1 1 acres covered by Williamson Act Contract Number 76-1 an( generally described as the LEGOLAND, Resort, Research and Development/Officc 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 a conditions have been fulfilled for each such area. If the landowner is unable to satisf the conditions enumerated below for that area, the landowner shall provide notice to thc City of the particular conditions they are unable to satisfy and, pursuant to Sectioi 51283.4, the City shall, within thirty days, execute a certificate of withdrawal of approv2 of the tentative cancellation of the contract for that Cancellation Area and cause the samc to be recorded. Determination by the City of compliance with these conditions i: intended to be a ministerial act. 1. COVERED BY WILLIAMSON ACT CONTRACT NUMBER 76-1 AND GENERALL' PAYMENT OF THE CANCELLATION FEES Cancellation fees for the LEGOLAND Cancellation, Resort Cancellation, Researcl and Development/Off ice Cancellation, Specialty Retail Cancellation, and LEG( Drive Cancellation in the amounts as calculated by the City and certified to thc county auditor, based upon the cancellation values certified to the Council by thc county assessor, shall be paid for that Cancellation Area prior to final cancellatioi of the respective cancellation area. If the County Assessor certifies a lesse cancellation value for APN 211-022-05 and APN 211-023-06, pursuant to thl applicant's reconsideration letter to the County Assessor on November 9, 1995 and December 15, 1995, cancellation fees for the LEGOLAND Cancellation, Resoi Cancellation, and LEGO Drive Cancellation shall be recalculated by the City anc certified to the County Auditor based upon the revised cancellation value certifiec to the City Council by the County Assessor. If such fees have not been paic 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 bc recomputed upon notice to the City by the landowner that the landowner ha: satisfied, or is prepared to satisfy the outstanding conditions. Recomputation sha follow the procedure for the original calculation and shall be based upon the valuc of the land at the time of recomputation. PERMITS NECESSARY TO COMMENCE THE PROJECT All permits necessary to commence the project within the Cancellation Area sha have been issued prior to final cancellation for that Cancellation Area. Thl 2. 0 0 Permits necessary to commence the Project pursuant to Government Cod 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 th LEGOLAND, the Resort, the Research and Development/Office, th Specialty Retail, or LEGO Drive Cancellation Areas; and A Coastal Development Permit from the City of Carlsbad or Californi Coastal Commission for any grading in the LEGOLAND, the Resort, th Research and Development/Office, the Specialty Retail, or LEGO Driv Cancellation Area. B) 3. DEDICATIONS OF PROPERTY The landowner shall, prior to final cancellation of any Cancellation Area, offer tc the City or to the appropriate public agency, all property within the LEGOLANC the Resort, Research and Development/Office, the Specialty Retail, and LEG( Drive Cancellation Areas which are required to be dedicated to public ownershil for that Cancellation Area under the conditions of the Specific Plan Amendmer and/or Tentative Map for Carlsbad Ranch. 4. ENVIRONMENTAL IMPACT REPORT AND STATEMENT OF OVERRIDIN( CONSIDERATIONS AND MITIGATION AND MONITORING REPORT Pursuant to Sections 15162 and 15168 of the State of California Environment; Quality Act (CEQA) Guidelines, the City of Carlsbad has reviewed the proposec request for tentative cancellation on portions of land totaling approximately 179.1 acres covered by Williamson Act Contract Number 76-1 and generally describec as the LEGOIAND, Resort, Research and Development/Off ice, Specialty Reta and LEGO Drive Cancellation Areas and has determined that the request is withi the scope of the approved Carlsbad Ranch Specific Plan Amendment (Ordinanc NS-344), and that the certified Carlsbad Ranch Specific Plan Amendment an1 Final Environmental Impact Report (Resolution No. 96-1) and adopted Statemer of Overriding Considerations and Mitigation and Monitoring Program (Resolutioi No. 96-1) adequately describes the associated potential impacts and requirec mitigation measures and no new environmental documentation has been requirec for the purposes of CEQA. The landowner shall, prior to final cancellation of any Cancellation Area, complet all required mitigation measures identified for that cancellation area in the certifiec Carlsbad Ranch Specific Plan Amendment Final Environmental Impact Repoi (Resolution No. 96-1) and adopted Statement of Overriding Considerations an( Mitigation Monitoring Program (Resolution No. 96-1) for the LEGOLAND, Resor Research and Development/Off ice, Specialty Retail, and LEGO Drive Cancellatio Areas. ATTACHMENT “E- .. 0 ~~z.4 .+-E:~,vX LAG30P 1%- 0 .\ \ \- 7” 1.. 1 *\.. j ,/ I \ -. L 7.. ., ’, \ ’.. \ c ‘\ CARLSBAD RANCH: CAPICELLATION AREAS A. B. C. D. E. Specialty Retail Cancellation Area - 15.95 Acres Research and Development/Office Cancellation Area - 20.87 Acres LEG0 Drive Cancellation Area - 1.08 Acres LEGOLAND Cancellation Area - 93.35 Acres Resort Cancellation Area - 47.86 Acres 0 0 RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO: ) ) City Clerk 1 CITY OF CARLSBAD ) 1200 Carlsbad Village Drive 1 Carlsbad, CA 92008 ) ) I Space above this line for Recorder’s use Parcel No. 21 1-022-05, 06, 21 1-023-02, 05, OE CERTIFICATE OF TENTATIVE PARTIAL CANCELLATION PURSUANT TO CALIFORNIA LAND CONSERVATION ACT OF 1965 Pursuant to the California Land Conservation Act of 1965, the City 1 Carlsbad (the “City”), does hereby give notice of tentative partial cancellation of tt following described contract and certifies: 1. On February 10, 1976, the then current landowner and the Ci entered into that certain Land Conservation Contract 76-1 under the California Lar Conservation Act of 1965, recorded on March 1, 1976, as Document Number 76-05975 in the Office of the San Diego County Recorder (the “Contract”). 2. The land subject to the Contract is described in Exhibit “A attache hereto and incorporated herein by this reference (the “Contract Land”). 3. Carltas Company, a California limited partnership; CB Ranc Enterprises, a California corporation; Carlsbad Ranch Company L.P., a California limite .. partnership; and Carlsbad Estate Holding, Inc., a California corporation, the currei owners of a portion of the Contract Land which is depicted in Exhibit “B” attached herei and incorporated herein by this reference (the “Carlsbad Ranch Cancellation Land”). 4. The Carlsbad Ranch Cancellation Land is the subject of the tentatib partial cancellation adopted on 1996, by the City Council of the Ci of Carlsbad (the “Council”) Resolution No. 96-2, subject to the conditions set forth January 9 0 0 Exhibit “C” , therein (the “Conditions”). 5. The Conditions are set forth in this Section 5 and shall be satisfie for final partial cancellation of the respective cancellation area. 5.1. Pavment of the Cancellation Fee. A cancellation fee for tt respective cancellation area in the amount of: $791,609.00 for the LEGOLAh Cancellation Area; $291,694.00 for the Resort Cancellation Area: $301,194.00 for tt Research and Development/Off ice Cancellation Area; $347,391 .OO for the Specialty Ret: Cancellation Area; and, $29,227.00 for LEGO Drive Cancellation Area. The Cancellatic Fee is as calculated by the City and certified to the County Auditor, based upon tt cancellation value certified to the Council by the County assessor shall be paid prior i final partial cancellation. If the County Assessor certifies a lesser cancellation value fc APN 21 1-022-05 and APN 21 1-023-06, pursuant to the applicant’s reconsideration lett to the County Assessor of November 9, 1995, and December 15, 1995, cancellation fee for the LEGOLAND cancellation, resort cancellation, and LEGO Drive cancellation shz be recalculated by the City and certified to the County Auditor based upon the revise cancellation value certified to the Council by the County Assessor. If such fee has nc been paid within one (1) year of the date of recordation of this Certificate of Tentatib Partial Cancellation, any such unpaid fee for the area subject to final cancellation shc be recomputed upon notice to the City by the landowner that landowner has satisfiec or is prepared to satisfy, the outstanding conditions. Recomputation shall follow th procedure for original calculation and shall be based upon the value of the land at th time of recomputation. .... -2- e e 5.2. Permits Necessarv to Commence the Proiect. All permi necessary to commence the project within the respective cancellation areas, shall ha\ been issued prior to final partial cancellation for that cancellation. The permits necessa to commence the project pursuant to California Government Code Section 51 283.4, a determined by the City to be the following: i) A Final Map or Grading Permit from the City of CarlsbE for the grading in the respective cancellation areas including LEGOIAND, the Resort, tt Research and Development/Office, the Specialty Retail, or LEGO Drive cancellatic areas; and, ii) A Coastal Development Permit for the respectiv cancellation area from the City of Carlsbad or the California Coastal Commission for ar- grading in the LEGOLAND, the Resort, the Research and Development/Office, th Specialty Retail, or LEGO Drive cancellation area. 5.3. Dedication of Propertv. Prior to final cancellation of ar Cancellation Area, the landowner shall offer to the City or to the appropriate pub1 agency, all property within the LEGOLAND, Resort, Research and Development/Officf the Specialty Retail, and LEGO Drive cancellation area, which is required to be dedicate to public ownership for that cancellation area under the conditions of the Carlsbad Ranc Specific Plan Amendment 207(A). 5.4 Environmental Impact Report and Statement of Overridin Considerations and Mitiqation Monitorinq Proqram. Pursuant to Sections 151 62 an, 151 68 of the State of California Environmental Quality Act (“CEQA) Guidelines, the Cit has reviewed the proposed request for tentative cancellation on portions of land totalin! -3- 0 0 2pp/'OXi?7d& 179.1 1 acres covered by Williamson Act COntract Number 76-1 ai generally described as portions of the LEGOLAND, Resort, Research ai DevelopmenVOffice, Specialty Retail and LEG0 Drive cancellation areas of the approvc Carlsbad Ranch Specific Plan Amendment 207(A) (Ordinance No. NS-344), and that tt certified Carlsbad Ranch Specific Plan Amendment 207(A) Final Environmental lmpa Report (Resolution No. 96-1) and adopted Statement of Overriding Considerations ar Mitigation Monitoring Program (Resolution No. 96-1) adequately describe the associatc potential impact and required mitigation measures and no new environment documentation has been required for the purposes of CEQA. The landowner shall, prior to final cancellation of any Cancellatic Area, complete and/or comply with all applicable required mitigation measures for th, Cancellation Area identified in the certified Carlsbad Ranch Specific Plan Amendmei 207(A) Environmental Impact Report (Resolution No. 96-1) and adopted Statement ( Overriding Considerations and Mitigation Monitoring Program (Resolution No. 96-1) fc the LEGOLAND, Resort, Research and Development/Office, Specialty Retail and LEG( Drive cancellation areas. .... .... .... .... .... .... .... .... -4- 0’ 0 6, A Certificate of Final Partial CaHtela5on for the LEGbWh Cancellation Area, the Resort Cancellation Area, the Research and Development/Offi Cancellation Area, the Specialty Retail Cancellation Area, or the LEG0 Drive Cancellatic Area will be issued and recorded by the City upon satisfaction by the landowner of tt respective conditions for that cancellation area set forth in Section 5, above. CLAUDE A. LEWIS, Mayor Date City of Carls bad ATTEST: ALETHA L. RAUTENKRANZ, City Clerk City of Carlsbad (SEAL) -5- EXHIBIT 0 0 .--- .’ +. ‘1.. AGUA HDI9ND-4 LAGOOX , I \ / -/’. .\ L 7.. ., \ -- ’\ \ CARLSBAD RANCH: WILLIAMSON ACT LANDS 0 121.94 m1.111 146.35 Non-Williamson Act Lands Williamson Act Lands Remaining Under Contract Williamson Act Lands to be Removed from Contract 179.1 1 ' 0' 1600' 800' N 211-023-03 APN 21 1-022-02 PN 211-022-01 WILLIAMSON ACT IANDS TO BE REMOVED FROM Dl.SllNG PARCELS ASSESSOR'S PARCEL NUMBER AREA (Acres) 21 1-022-05 107.54 2 1 1 -023-02 15.95 21 1-023-06 44.06 21 1-022-06 2.68 21 1-023-05 8.08 Date: 10/09/95 lime: 13: PC #1 flLE=F:\JOBS\891014\LGOEXWbA.DWG I EXHIBIT "( e 0 Ir CONDITIONS REQUIRED FOR FINAL CANCELLATION OF WILLIAMSON AC CONTRACTS ON PORTIONS OF LAND TOTALING APPROXIMATELY 179.1 1 ACRE COVERED BY WILLIAMSON ACT CONTRACT NUMBER 76-1 AND GENERAU DESCRIBED AS THE LEGOLAND, RESORT, RESEARCH AND DEVELOPMEN OFFICE, AND SPECIALTY RETAIL PLANNING AREAS AND LEGO DRIVE OF TH CARLSBAD RANCH SPECIFIC PLAN AMENDMENT Pursuant to Section 51283.4 of the California Government Code, the following conditior shall be satisfied for final cancellation of Williamson Act Contracts on land totalir approximately 179.1 1 acres covered by Williamson Act Contract Number 76-1 ar generally described as the LEGOLAND, Resort, Research and Developrnent/Offic Specialty Retail, and EGO Drive Cancellation Areas, as depicted on Attachment "E-1 The landowner shall provide notice to the City, as specified in Section 51283.4 when i conditions have been fulfilled for each such area. If the landowner is unable to satis the conditions enumerated below for that area, the landowner shall provide notice to tt City of the particular conditions they are unable to satisfy and, pursuant to Sectic 51283.4, the City shall, within thirty days, execute a certificate of withdrawal of approv of the tentative cancellation of the contract for that Cancellation Area and cause the san to be recorded. Determination by the City of compliance with these conditions intended to be a ministerial act. 1. PAYMENT OF THE CANCELLATION FEES Cancellation fees for the LEGOLAND Cancellation, Resort Cancellation, Researc and Development/Ofhke Cancellation, Specialty Retail Cancellation, and LEG Drive Cancellation in the amounts as calculated by the City and certified to tt county auditor, based upon the cancellation values certified to the Council by tt county assessor, shall be paid for that Cancellation Area prior to final cancellatic of the respective cancellation area. If the County Assessor certifies a less cancellation value for APN 21 1-022-05 and APN 21 1-023-06, pursuant to tt applicant's reconsideration letter to the County Assessor on November 9, 199 and December 15,1995, cancellation fees for the LEGOLAND Cancellation, Resc Cancellation, and LEGO Drive Cancellation shall be recalculated by the City ar certified to the County Auditor based upon the revised cancellation value certific to the City Council by the County Assessor. If such fees have not been pa within one year of the date of recording of the Certificate of Tentative Cancellatio any such unpaid fee for the Cancellation Area subject to final cancellation shall t recomputed upon notice to the City by the landowner that the landowner h: satisfied, or is prepared to satisfy the outstanding conditions. Recomputation shi follow the procedure for the original calculation and shall be based upon the vali of the land at the time of recomputation. PERMITS NECESSARY TO COMMENCE THE PROJECT All permits necessary to commence the project within the Cancellation Area shi have been issued prior to final cancellation for that Cancellation Area. Tt 2. B 0 e Permits necessary to commence the Project pursuant to Government Coc 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 tt LEGOIAND, the Resort, the Research and Development/Office, tt Specialty Retail, or LEGO Drive Cancellation Areas; and A Coastal Development Permit from the City of Carlsbad or Califom Research and Development/Office, the Specialty Retail, or LEGO Dri\ Cancel lation Area. €3) Coastal Commission for any grading in the LWOWND, the Resort, 11 3. DEDICATIONS OF PROPERTY The landowner shall, prior to final cancellation of any Cancellation Area, offer the City or to the appropriate public agency, all property within the LEGOIAN the Resort, Research and Development/Office, the Specialty Retail, and LEC Drive Cancellation Areas which are required to be dedicated to public ownerst for that Cancellation Area under the conditions of the Specific Plan Amendme and/or Tentative Map for Carlsbad Ranch. 4. ENVIRONMENTAL IMPACT REPORT AND STATEMENT OF OVERRIDIh CONSIDERATIONS AND MITIGATION AND MONITORING REPORT Pursuant to Sections 15162 and 15168 of the State of California Environmen Quality Act (CEQA) Guidelines, the City of Carlsbad has reviewed the proposl request for tentative cancellation on portions of land totaling approximately 179. acres covered by Williamson Act Contract Number 76-1 and generally describc as the LEGOIAND, Resort, Research and Development/Office, Specialty Ret and LEGO Drive Cancellation Areas and has determined that the request is witt the scope of the approved Carlsbad Ranch Specific Plan Amendment (Ordinan NS-344), and that the certified Carlsbad Ranch Specific Plan Amendment ai Final Environmental Impact Report (Resolution No. 96-1) and adopted Statemc of Overriding Considerations and Mitigation and Monitoring Program (Resoluti No. 96-1) adequately describes the associated potential impacts and requir mitigation measures and no new environmental documentation has been requir for the purposes of CEQA. The landowner shall, prior to final cancellation of any Cancellation Area, complc all required mitigation measures identified for that cancellation area in the certifi Carlsbad Ranch Specific Plan Amendment Final Environmental Impact Rep (Resolution No. 96-1) aM adopted Statement of Overriding Considerations a Mitigation Monitoring Program (Resolution No. 96-1) for the LEGOIAND, Res< Research and Development/Office, Specialty Retail, and LEGO Drive Cancellati Areas. * ATTACHMENT "E- r) ASJA .yE:S.VCA SG3oP %--- e \\ .=..- 'r ,' I 7'' .\ .- ., L 1.. '. \ '. \ c '< CAWSBAD RANCH: CANCELLATION AREAS A. B. c. D. E. Specialty Retail Cancellation Area - 15.95 Acres Research and Developrnent/Offke Cancellation Area - 20.87 Acres LEG0 Drive Cancellation Area - 1.08 Acres LEGOLAND Cancellation Area - 93.35 Acres Resort Cancellation Area - 47.86 Acres