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HomeMy WebLinkAboutLCPA 90-08B; Carlsbad Ranch Specific Plan; Local Coastal Program Amendment (LCPA) (23)I * State of California M E 3.1 0 R A N 0 U M TO: Commissioners and Interested Parties Cal wnia Coastal Commission San uiego District DATE: April 8, 1996 FROM: Chuck Damm Di strict Di rector South Coast District SUBJECT: Addendum to Commission Meeting for Thursday, April 11, 1996 CARLSBAD RANCH LOCAL COASTAL PROGRAM Th 9d Carlsbad LCPA 1-96CIWNP Th 9d Carlsbad LCPA 1-96/WNP Th 9d Carlsbad LCPA 1-96/WNP Th 9d Carlsbad LCPA 1-96/KHP REGULAR CALENDAR Th llc 6-96-9/WNP Changes to Staff Report and added Exhibits Council Resolution and Partial LCP Amendment Text Letters of Opposition Letters of Support Modification to Staff Report and Replacement of Exhibits State of Cal i forni a MEMORANDUM TO: Commi ssioners and Interested Parties -. California Coastal Commission San Diego District DATE: April 8, 1996 FROM: Staff SUBJECT : Carlsbad LCPA #1-96C (Carlsbad Ranch) - Changes to Staff Report and Preliminary Recommendation dated March 21, 1996 Given the specificity and provisions of the Carlsbad Ranch Specific Plan, the Commission and staff previously found that the Specific Plan should be considered and reviewed as both a land use and implementation element of the City's LCP. approach has been accepted. revised to reflect the adoption of the Carlsbad Ranch Specific Plan as a land use plan component. for the proposed amendment; corresponding references throughout the report should also reflect this action. Based on discussions with the City and the landowner, this The present staff report therefore needs to be Following are a revised set of motions and resolutions A. RESOLUTION I (Resolution to deny certification of the City of Carlsbad Mello 11, Agua Hedionda and Carlsbad Ranch Specific Plan Land Use Plan Amendment 1-96C, as submitted) MOTION I I move that the Commission certify the Mello 11, Agua Hedionda and Carlsbad Ranch Specific Plan Land Use Plan Amendment 1-96C, as submitted. Staff Recommendation Staff recommends a and findings. Commissioners is needed to pass the motion. vote and the adoption of the following resolution An affirmative vote by the majority of the appointed Resolution I The Commission hereby denies certification of the amendment request to the City of Carlsbad Land Use Plan and adoDts the findinss stat ed below on the grounds that the amendment will not meet the requirements of and conform with the policies of Chapter 3 (commencing with Section 30200) of the California Coastal Act to the extent necessary to achieve the basic state goals specified in Section 30001.5 of the Coastal Act; the land use plan, as amended, will not be consistent with applicable decisions of the Commission that shall guide local government actions pursuant to Section 30625(c); and certification of the land use plan amendment does not meet the requirements of Section 21080,5(d)(Z)(i) of the California Environmental Quality Act, as there would be feasible measures or fea'sible alternatives which would substantially lessen significant adverse impacts on the environment. rc- Carlsbad LCPA 1-96C Addendum April 8, 1996 Page 2 B. RESOLUTION I1 (Resolution to approve certification of the City of Carlsbad Mello 11, Agua Hedionda and Carlsbad Ranch Specific Plan Land Use Plan Amendment 1-96C, if modified) MOTION I1 I move that the Commission certify the Mello 11, Agua Carlsbad Ranch Specific Plan Land Use Plan Amendment Hedionda and -96C, if mod fied. Staff Recommendation Staff recommends a YES vote and the adoption of the following resolution and findings. Commissioners is needed to pass the motion. An affirmative vote by the majority of the appointed Resolution I1 The Commission hereby certifies the amendment request to the City of Carlsbad Land Use Plan.and adopts the findinus stated below on the grounds that the amendment, with suggested modifications, will meet the requirements of and conform with the policies of Chapter 3 (commencing with Section 30200) of the California Coastal Act to the extent necessary to achieve the basic state goals specified in Section 30001.5 of the Coastal Act; the land use plan, as amended, will contain a specific access component as required by Section 30500 of the Coastal Act; the land use plan, as amended, will be consistent with applicable decisions of the Commission that shall guide local government actions pursuant to Section 30625(c); and certification of the land use plan amendment does meet the requirements of Section 21080.5(d)(2)(i) of the California Environmental Quality Act, as there would be no feasible measures or feasible alternatives which would substantially lessen significant adverse impacts on the environment. C. RESOLUTION I11 (Resolution to approve certification of Mello I1 LCP Implementation Plan Amendment 1-96C, as submitted) MOTION I11 I move that the Commission reject the Mello I1 Implementation Plan Amendment 1-96C, as submitted. Staff Recommendat ion Staff recommends a NJ2 vote and the adoption of the following resolution and findings. An affirmative vote by the majority of the Commissioners present is needed to pass the motion. Carlsbad LCPA 1-96C Addendum April 8, 1996 Page 3 Resolution I11 The Commission hereby approve5 certification of the amendment to the City of Carlsbad's Local Coastal Program on the grounds that the amendment conforms with and is adequate to carry out the provisions of the certified land use plan. There are no feasible alternatives or feasible mitigation measures available which would substantially lessen any significant adverse impacts which the approval would have on the environment. In addition, there are additional exhibits attached hereto for your reference. be added is underlined while language to be deleted is identified through strike-out. Other 'minor corrections and editing are also provided; language to On page 1 of the staff report, the last sentence of the second paragraph should be corrected as follows: The above uses would take place within 19 9 planning areas. On page 9 of the staff report, the first sentence of the last paragraph should be corrected as follows: The following is a more detailed description of the proposed land use designations and text changes to the Agua Hedionda Lagoon Land Use Plan and the Mello I1 Land Use Plan for that portion of the Mello I1 LCP relating to the Carlsbad Ranch property in large Dart under the Carltas ownershi p. On page 10 of the staff report, the sixth sentence of the first paragraph should be corrected as follows: Other on-site uses include a palm tree nursery I#r~sdLdld~rk~ldf~ddI and a packing shed located near existing roads, Paseo del Norte and Palomar Airport Road. On page 10 of the staff report, the second paragraph should be corrected as follows: The primary land use and environmental issues on this property can be limited to preservation of agricultural lands and the area's scenic resources. There do remain, however, scattered areas of steep sloping hi 11 sides covered with native vegetation along the northeastern ddd dddfMCddfCId portiond of the property along with a riparian and freshwater marsh area in the south central portion of the site. c Carlsbad LCPA 1-96C Addendum April 8, 1996 Page 4 On page 12 of the staff report, a new paragraph should be added after the first i ncompl ete paragraph as fol lows: 2 provisions into co nformi tv with current statuto rv ca ncel 1 ati on provi sions , of the contract over Dortions of the Carlsbad Ranch proposed for development. The 1 andowners a1 so recent1 v obtained tentative cancel 1 ation On page 24 of the staff report, the entire Agua Hedionda Lagoon Segment section regarding "Agriculture" should be corrected as follows: The amendment proposes to redesignate 24 acres in the Agua Hedionda land use plan area to accommodate two golf holes associated with the proposed 9 hole golf course on the Carlsbad Ranch. The amendment also proPoses a zone change from Public Utilitv to Ope n Space on this 24.2 ac re oa rcel . Policy 2.1 of the certified Agua Hedionda Land Use Plan identifies that conversion of agricultural property shall be consistent with Coastal Act Sections 30241 and 30242 and the agricultural policies of the LUP. Site-specific LUP Policy 2.2 identifies this area as "Open Space" and notes it as agri cul tural 1 ands. there. Policv 2.2 also s tates this area shall be zoned "Exclusive /a Lacloon LCP. PBJit~/2f~ldBBf~dd~dltBdJkfdiB~lBflfHidldtfkd~kl~~itHlidld fldtflfbf lfHkl48/~tf~/80~ael~fB~kff~~lll~lddrfi~df~~lfHklflfblil~li~k~fifikd tHdtl l~fiBflfBl8kJCI BflrfiCdf lBf IfHklflfB~kffgl lddldbkdl dbdt klkddkrfikdtl dHdI I 16~IB~Bitd~kB/~J~~lfHklfk~didid~ld~fitdIfdfdIl IddBd~lfHdflg0~&~l~fBJi~kld tk~BftlfHdtl~fCdkf3dfiBdlBf ltHkldifklidldBtldktkdddfflfBlddddfk tCddBdd161 klC~bdddiB~l~bPBffddif ikdlfBlfHkldCdfLflS0~aele~tiddlPBdkf P I dd f 4 I f Hdf I 80W! IhdKCI dl @Bt f i Bd IBf I f H 61 Pdf t kl I did1 I d161 k I dd I dl Pd16 I i t f~tfkdfiB~dllddCliflfHkl~if~lfi~~dlfHkl~dtfk~fl~flfdfdtklfktfkdfiBddI d~~Bdl~~~di~~lfH~lBkJCIB~hk~flBflddtHlddkdlidlfHkldBdfHldHBfklflBftiBd ddBlfHd~~li~lfH~I~JkdflfHdfltHkl~dfIdLdBl~~Plidl~rfikdBkBlfdldIIB~lfBfld ~ifgCd~~~d~t~~ld~fildIfdfdIl~t~~fdrfi~l80~&elrfid~ld~~IflfBflidtIddiBdlid tnCifitBgtdrfii Currently strawberries are growing The amendment proposes to convert agri cul tural ly designated 1 ands to an open space designation which accommodates golf holes. Commission finds that no agricultural mitigation fee is required to find the conversion consistent with Coastal Act policies. regarding the Carlsbad Ranch, the Commission finds that these lands will remain as public open space and will be providing an important public recreati onal benef i t . PBI itfI2CilldHitHl dfdfk~lfH~~/80~&~lrfid~l~dKCl~lflB~fiBdlBf ItHkl~dftkl fdfdfkltktfkdf idddl l~~~B~lf~~dit~ltH~IBkJkIB~rfikdflBflddtHlddkdlidlfKk dBdfHldHdfCl~dffiBdf Additionally, the remainder of the property wi 11 be Based on the following, the As stated in the findings 7Hi dli dltB~d3dfkdfl~ifHltHkld~BJkl~tBJi diddlf tddilf Hk dJdild16lClddl~l~d16JitltktfkdfiBddIlddkliflfHkl~itglfi~BdlfHkltd~fk~flBf e Carlsbad LCPA 1-96C Addendum April 8, 1996 Page 5 retained in agricultural use Ne rve rovi d gy. Moreover, the agricultural lands in question are designated as non-prime lands not as suitable for crop production as prime agricultural lands. In addition. the conversion does not oreclude its re-use for auriculture in the same manner as Dhvsical construction. Finally, these lands will be under the control of the City of Carlsbad with regard to providing equal access and recreational opportunities to the golf course for the general public. the agricultural lands can be accepted. 3 For those reasons, the Commission finds the conversion of On page 29 of the staff report, the first complete sentence at the top of the page should be corrected as follows: The proposed Specific Plan is divided into 19 lots, I4 U lots for future development, 4 open space lots, and 12 private street lotb. The 14 U development lots range in size from 3.38 acres to 128.32 acres. The four open space lots total 135.5 acres and include 2 golf course lots, the flower field lot and a lot to be preserved as native open space. PROPOSED LOCAL COASTAL PLAN LAND USES AGUA HEDIONDA LAGOON OS T- R Fl OPEN SPACE TRAVEL/RECREATION COMMERCIAL r/ REGIONAL COMMERCIAL 171 COMMUNITY COMMERCIAL I O/PI 1 OFFICE/PLANNED INDUSTRIAL AQUA HEDIONDA UcKxlN 01 OFFICE c-21 GENERAL COMMERClAL Pw PLANNED INDUSTRIAL 0-3 OPEN SPACE c=3 COM MERCIAL-TOU RlST QUALlFl E D DEVELOPMENT OVERLAY 1 2 3 4 5 6 7 a 9 10 11 12 13 ' 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 96-1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA CERTIFYING PROGFL4l.M ENVIRONMENTAL IMPACT' REPORT 94-01, APPROVING CANDIDATE FINDINGS OF FACT, THE STATEMENT OF OVERRIDING CONSIDERATIONS AND THE MITIGATION MONITORING AND REPORTING PROGRAM, AND APPROVING A GENERAL PLAN AMENDMENT, LOCAL COASTAL PROGRAM AMENDMENT, ZONE CHANGE, SPECIFIC PLAN AMENDMENTS, LOCAL FACILITIES MANAGEMENT PLAN AMENDMENT, AND A DEVELOPMENT AGREEMENT FOR THE CARLSBAD RANCH/LEGOLAND SPECIFIC PLAN AMENDMENT PROJECT ON 471.6 ACRES GENERALLY LOCATED NORTH OF PALOMAR AIRPORT ROAD, SOUTH OF THE FUTURE CANNON ROAD EXTENSION (EXCEPT FOR AN AREA OF APPROXIMATELY 24.2 ACRES LOCATED ON THE NORTH SIDE OF CANNON ROAD), EAST OF PASEO DEL NORTE, AND WEST OF LOCAL FACILITIES MANAGEMENT ZONES 5 AND 8. CASE NAiiE: CARLSBAD RANCWLEGOLAND SFECIFIC P'LAi'; A?IEYDMENT CASE NO: EIR 94-01/GPA 94-03/LCPA 90-08(B)/ZC 94- 02/SP 20'i(A)/SP 144(G)/LFMP 87-13(B)/DA 94-01 WHEREAS, on December 6, 1995 the Carlsbad Planning Commission held a duly noticed public hearing to consider a proposed Environmental Impact Report (EIR 94-01), General Plan Amendment (GPA 94-03), Local Coastal Program Amendment (LCPA 90-08(B)), Zone Change (ZC 94-02), Specific Plan Amendment (SP 207(A)), Specific Plan Amendment (SP 144(G)), Local Facilities Management Plan Amendment (LFMP 87- 13(B)), and Development Agreement (DA 94-01) for project development on 471.6 acres of land and adopted Resolutions Nos. 3844, 3845, 3846, 3847, 3848, 3849, 3850, and 3854 respectively, recommending to the City Council that they be approved; and WHEREAS, the City Council of the City of Carlsbad, on January 9,1996 held a public hearing to consider the recommendations and heard all persons interested in or opposed to EIR 94-01/GPA 94-03LCPA LOCAL COASTAL PROGFWV AMENDMENT 90-08@) AGUA HEDlONDA SEGMENT LAND USE PLAN TEXT CHANGE Policy 2.2 The south shore agricultural lands shall be designated "Open Space". This h Land Use - Meb 11 _. Chapter II- 3 2. AGRICULTURE Policy 2-1 CONSERVATION OF AGRICULTURAL LG!S (a) Basic Agricultural Policies (1) Coastal Agriculture: Consistent with the provisions of sections 30241 and 30242 of the Coastal Act, it is the policy of the City to contribute to the preservation of the maximum amount of prime agricultural land throughout the Coastal Zone by providing for the balanced, orderly conversion of designated non-prime coastal agricultural lands. Non-prime adcultural lands identified on Map X, including the &9? %It% acre Carltas Property, are designated Coastal Agriculture and shall be permitted to convert to urban uses subject to the aericultural mitigation or feasibility provisions set forth in the L.C.P. Any (2) Conversion of Coastal Agriculture: Conversion of designated coastal agricultural. lands shall be permitted provided that: a) conversion would preserve prime agricultural lands within the statewide coastal zone consistent with sections 30241 and 30242 or concentrate new development consistent with Section 30250 of the Coastal Act; or b) continued or renewed agricultural use is not feasible. (3) Conversion Options: Conversion of non-prime coastal agricultural lands shall be permitted pursuant to either Option 1 - Mitigation, Option 2 - Feasibility Analysis or Option 3 - Conversion Fee as set forth below in this policy. Consistent with Section 30242 of the Act, no feasibility analysis shall be required if a landowner selects Option 1 or Option 3. .- LOCAL COASTAL PROGRAM LAND US€ - MELLO II SEGMENT (PORTION OF MAP X) *- Land Use - Mello 11 Chapter 11-3 Option 1- Mitigation (Prime Land Exchange] Non-prime coastal agricultural lands shall be converted to urban use consistent with the Carlsbad General Plan if, prior to approval of a subdivision map, a mitigation program is in effect that permanently preserves one acre of prime agricultural land within the statewide Coastal Zone €or each acre of net impacted agricultural land in the LCP that is converted. For purposes of calculating required mitigation acreage, net impacted agricultural lands are the parcels and acreages designated on Map X and the 29-93 XI.% acre Carltas Property and areas containing sensitive coastal resources that would preclude developments. The standards and procedures for such a mitigation progam shall be set forth in LCP implementing ordinances. Recipients of prime agricultural land interests pursuant to this policy shall be limited to: a) local or state agencies; or, b) tax exempt organizations whose principal charitable purposes are consistent with the agricultural mitigation program and qualify under5ection 501(c)(3) of the U.S. Lntemal Revenue We. Further, mitigation priority shall be given to preserving prime agricultural lands in the coastal zones of counties selected by the State Coastal Conservancy for pilot programs funding, and other ~~ities with similarly qualified programs. Option 2 - Determination of Agricultural Feasibilib If the feasibility of continued agriculture is questionable, either the City or involved landowners may complete an agricultural feasibility study for: a) all coastal agricultural lands in the LCP; b) 3 or 4 subareas (See Exhibit 3.3, Page 69) which constitute logical subunits; or, c) contiguous landholdings in a single ownership of at least 100 acres. If Option 2 is selected, that portion of the study area determined to be feasible for continued agriculture, if any, may be converted upon request of the landowner to urban use subject to compliance with the provisions of Option 1 above. That portion of the study area determined not to be feasible for continued agriculture could be converted only after. a) the City approves the feasibility study; b) an LO amendment is prepared and submitted to the Coastal Commission that provides for the conversion; and c) the Coastal Commission certifies the LCP amendment as to its conformance with the Coastal Act. Option 3 - Agricultural Conversion Mitieation - Fee In lieu of the procedures established by the above options, property may be converted to urban uses upon payment of an Agricultural Conversion Mitigation Fee. The amount of the fee shall be determined by the City Council at the time it considers a coastal development pennit for urban development of the property. The fee shall not be less than five thousand dollars nor more than ten thousand dollars per net converted acre of agricultural land and shall reflect the approximate cost of preserving prime agricultural land pursuant to the off- site mitigation program (Option 1). The fees shall be paid prior to the issuance of budding permits for the project. AU mitigation fees collected under this section shall be depos’ted h BY Uf?A .1zKf-(4Dfll) Land Use - Mello I1 Chaprer 11-3 in the state Coastal Conservancy Fund and shall be expended by the State Coastal Conservancy in the following order of priority: a) Restoration of natural resources and wildlife habitat in Batiquitos Lagoon, including but not limited to, payment for operation by maintenance of a lagoon enhancement program. b) c) Development of an interpretive center at Buena Vista Lagoon. Restoration of beaches managed for public use in the coastal zone in the City of Carlsbad. d) Purchase of agricultural lands for continued agricultural production within the Carisbad Coastal Zone as determined by the Carlsbad City Council. e) Agricultural improvements which will aid in continuation of agricultural production within the Carlsbad Coastal Zone as determined by the Carlsbad City Council. For purposes of implementation, neitder Option 1 nor Option 2 nor Option 3 shall have priority over the other. @> (4) Underlying Urban Designations of Coastal: To maximize and expedite the preservation of prime agricultural lands throughout the state coastal zone, all parcels designated coastal agriculture (See Exhibit 3.3, Page 69, and Table 5.1) in the LCP including the W 30LB acre Carltas property shall have an underlyng urban land use designation as identified on Map Y, and the Carlsbad Ranch Specific Plan. Conversions of coastal agriculture land permitted by the City in conformance with either Option 1 or Option 2 or Option 3 as set forth in Policy 2 shall be consistent with the land use designations on Map Y and the Carlsbad Ranch specific Plan. (5) Conversions of Coastal Agriculture Lnconsistentwith Underlying Urban Designations: chrrversions of parcels designated coastal agriculture that are requested for uses other than the underlymg land use designation on Map Y and the Carlsbad Ranch Specific Plan shall be subject to an LO amendment to allow the City and Coastal Commission to determine the consistency of proposed urban uses with other applicable provisions of the LCP and the Coastal Act. Designated Coastal Agricultural Lands "Designated Coastal Agricultural Lands" are those agricultural lands identified on Map X (See Exhibit 3.3, Page 69) attached to the Land Use P an certified %3 UA tUfhII) 3- Land Use - Mello 11 Choter 11-3 on Ocbber 24, 1985. The following are the lands identified on Map X (&e Exhibit 3.3, Page 69): Approximate Acres Site I1 377 Site I11 275 Site IV 109 Lusk 93 Bankers 27 Hunt (Mello I LCP Segment) 200 Permitted Uses on Designated Coastal Agricultural Lands The land uses described below shall xpply to any designated coastal agricultural land which has not been approved for development. (1) On any Class I through CIass IV Agncultural Lands:(See Exhibit 4.2, Page 63) the following uses only are permitted: Cattle, sheep, goats and swine production, provided that the number of any one or combination of said animals shall not exceed one animal per half acre of lot area. Structures for containing animals shall not be located within fifty feet of any habitable structure on the same parcel, nor within three hundred feet of an adjoining parcel zoned br residential uses. Crop production. Floriculture. Horses, private use. Nursery crop production. Poultry, rabbits, chinchillas, hamsters and other small animals, provided not more than twenty-five of any one or combination thereof shall be kept within fifty feet of any habitable structure, nor within three hundred feet of an adjoining parcel zoned for residential uses. Roadside stands for display and sale of products prduced on the same premises, with a floor area not exceeding two hundred square feet, and located not nearer than twenty feet to any street or highway . Land Use - Meb 11 Chp&r 11-3 h) Tree farms. i) Truck farms. j) k) Wildlife refuges and game preserves. Other uses or enterprises sirmlar to the above custornady carried on in the field of general agriculture including accessory uses such as silos, tank houses, shops, barns, offices, coops, stables, corrals, and sirmlar uses required for the conduct of the uses above. One single family dwelling per existing legal building parcel. 1) (2) On any Class V through VI11 Agricultural Lands (See Exhibit 4.2, Page 63) the following uses only are permitted: a) b) Hay and feed stores. c) Nurseries, retail and wholesale. d) All of the permitted uses listed above. Packing sheds, processing plants and commercial outlets for farm crops, provided that such activities are not located within 100 feet of any lot line. Greenhouses, provided all requirements for yard setbacks and height as specified in Chapter 21.07 of the Code are met. e) POLICY 2-2 LCPA W-08 CARLSBAD RANCH SPECIFIC PLAN "MIXED-USE" DEVELOPMENT This policy provides conditional development standards for the area of approhately 423 acres north of Palomar Airport Road, east of Paseo del Norte, and east of Car Country Drive (See Exhibit 4.3, Page 93). All such lands owned either by Carltas or Ecke or their successors in interest shd be permitted, pursuant to approval of a Specific Plan to convert certain agricultural lands to residential and/or non-residential (including tourist-serving commercial) development as a means of providing supplementary uses which will assist in the retention of agricultural and public recreation uses on the remaining portions of these parcels. It should be noted that residential uscs are possible onIy where they do not conflict with the Airport influence Area and where they are compatible with adjacent uses. Basic Permitted Uses on Existinn Led - Parcels. Where each existing legal parcel as of July 14,1987, (See Exhlbit 4.3, Page 93) is developed individually, permitted uses shall be those described abme in Policy 2-1 C Permitted Uses on Desionated Coastal Amicultural Lands. Uses Conditionah Permissible Pursuant to the Develoument of the Entire Area Subiect to a Swcific Plan. (1) Consistent with the Carisbad General Plan residential, commercid (including tourist sening commercial), and other non-residential uses may be developed on up to 92.6 acres of the approximately 423 a re 3- 35 WA tat (7oFli) P site subject to a Specific Plan for the entire site. Development of land within the Agricultural Preserve will be subject to the provisions of the Williamson Act and specifically the Land Conservation Contract in effect at the time of development. AB Development shall be clustered along Palomar Airport Road, Paseo del Norte, and Cannon Road and clustered on the first major ridge area as designated on Exhibit 4.3A. Any amendment to the location of the developable area shall be required to prove that the new area for development is not more suitable for agriculture than the previously developable area. The intent of this requirement is to cluster development on lands least suitable for agriculture. All remaining lands as shown on Exhibit shall as a condition of the Specific Plan be preserved in agriculture andlor public recreation for as long as feasible. Feasibility shall be detelimined for the entire area covered by this restriction. Further, feasibility shall be subject to the requirements of the Mello I1 Coastal Agricultural Overlay Zone Section 21.82.060(c). Pursuant to Section 51257 of the Government Code, the boundaries of the lands designated for agriculture may be amended. Item No. 6 on page 8 of Exhibit "C" which deals with the amendment to the Lx>cai Coastal Plan was revised by CCC action to read as follows: As an interim step @nor to a complete Specific Plan) up to a 35 acre portion of the 137 acres of developable land located adjacent and easterly to Phase I of Carkbad Car Country may be developed as a Phase II expansion of Carlsbad Car Country pursuant to a Specific Plan. .. The 92.6 acres of developable lad 1 includes the remaining developable portion of the original 482 acre site (See Exhibit 4.3A) that has not been developed. The Specific Plan shall provide a mix, location and intensity of land uses that are compatible with and will not adversely impact the long term viability of &cultural and/or public recreation Land Use - Meb II Chpter If-3 All development shall include special treatment buffers either throue design or through physical barriers that stabilize the urban-agricultural boundaries and limit to a level of insigmficance agricultural impacts on the urban uses. All tenants of developable portions of the site shall be notified as to the requirements of the Specific Plans and agricultural uses on the designated land. Ln implementing the Specific Plan all land owners and tenants within the 423 acre site shall waive any right to lile nuisance claims against normal agricultural operations. All development shall be located so as to not interfere with normal agricultural operations including but not limited to cultivation, irrigation, and spraying. As a condition of approval of either the Specific Plan or the Specific Plan for the Phase I1 expansion of Carlsbad Car Country, whichever occurs first, the property owners (Carltas and/or Ecke or their successors in interest) shall record a deed restriction endorsed by the Castal Commission or it successor in interest md the City of Carisbad that the agricultural land identified on Exhibit 4.3 are designated for Agricultural uses and any modification of use shd require a LCP amendment. As a condition to any amendment to the developable area, the property owner shall execute an amendment to the deed restriction reflecting the modifmtion to restricted and unrestricted lands. It is recognized that roads can function as buffers between dissimilar land uses as well as providing access to uses. Therefore, roads may be lcxatcd entirely or partially or not at all within areas designated for agricultural use. The decision to include or exclude (either partially or entirely) roads shall be a condition of the coastal development permit that includes the construction of the road. h order to tie the eastern and western agricultural areas together the dimensions to allow farm Concurrent with the construction of the proposed north/south road the developer shall grade area Y as shown on Exhibit "A", subject to the satishction of the Pl;rnninn Director so as to mate an area level enough to allow the Same ;;rP. of agriculture that oca wester CCPA +at [!I c Land Use - MeuO II Chapter 11-3 the west ridge to continue around the ridge on the south facing slopes of said ridge. In order to ensure agricultural viabdity the developer shall amend the soils after grading the area to be equivalent to the existing Class 111 Marina soils in capability. All structures to be located in the future developable area shall be setback a minimum of 5.0 23 feet from the adjacent area designated for agriculture. A solid wall or fence shall be installed around the entire perimeter of the developable area. The waU (Fence) shall be a minimum 6 feet in height and shall be incorporated into the grading where feasible. The intent of this measure is to provide a physical barrier between agricultural and urban uses. The wall or fence shall function to both restrict uncontrolled access into agricultural areas and to reduce drift of dust and spray materials into urban areas. The perimeter wall or fence shall be constructed concurrent with development of the property, except that, if the road is built in one phase, which would open the access through the agricultural lands, an appropriate barrier shall be incorporated along the roadway. Alternative forms of barriers may be considered provided they satisfy the intent of this measure. Windbreaks (landscaped) shall be installed on the deveIopabie portions to aid in reducing the effects of farm spraying and dust generation. Landscape plant material in the developable area shall be selected for resistance to pests, particularly aphids, thrips, white fly and spider mites. Landscape phthg~ shall be inspected routinely for presence of pests and treated as required to control them. All pests shall be eliminated by means that do not adversely impact agricultural crops. Landscaping with herbaceous plantings shall be discouraged, since they are likely to be hosts of the pests likely to invade the farm crops. Drainage water from buildings, streets, parking areas and landscape in the development shall be disposed of through storm drains or otherwise in a manner that will avoid any runoff onto farming areas whether planted or fallow. Lf development of the proposed developable portion impacts water rates on the agricultural land then the developer shall subsidize the water rates to the extent that they equal farm water rates. The developer shall notify in a manner satisfactory to the City Attorney all tenantdusers of this proposed developable portion that the area is subiect to dust pesticides, and cdors associated with adjacent ~ farm operations and &at the tenants/users occupy the area at LPA +zx+(looflIy+3 Land Use - Me& II Chapter 11-3 own risk. The cost of the above mitigation measures shall be borne by the developer and shall not be passed on to the agricultural operators (existing or future). For all agricultural land that Carltas or its successor in interest chooses not to farm on a yearly basis, a reasonable effort shall be made to offer the agricultural land for lease or rent at a value equal to or less than the average prevailing market rents for similarly situated Coastal agricultural land found within a 30 de radius of the Carltas property. (26) As part of a farm operator’s lease, there shall be a requirement to keep dirt roads watered regularly to minimize dust impacts on crops as well as on adjacent non-agricultural uses. kpr OS '90 1O:OO PO2 1 April 5, 1996 Commissioners California Coastal Commission Regarding: Carlsbad LCP Amendment 1-96C (Carlsbad Ranch) Thursday, April 11, 1996, Agenda Item 9d Dear Commissioners: Bexen Press disagrees with your conclusion that the Carlsbad Ranch project will not impede coastal access. The theme.park alone will generate up to 2.2 million visitors per year, entering on Cannon Road exclusively. You must consider the im2act Carlsbad Ranch traffic will have on Cannon Road west of 1-5. This is already a crowded parking area for beachgoers. Traffic circulation is also compromised by an at-grade rail crossing just west of 1-5. The report ignores the fact that the proposed retail is an outlet mall, Newspaper ads invite patrons to drive 75 miles or more to these malls. No local person would agree that the problem with Palomar Airport Road traffic is because of the business parks. This road is a regional east/west artery. The local commuter rail is infrequent and non-existent on weekends. So what use are shuttles? The flower fields are a unique local landmark. The outlet mall will block them. Carlsbad has no idea how these fields will be planted in perpetuity. All it has is an option to buy. Why is this item being heard in Carmel? It may be a hearing, but the public from this arez is effectively shut out. It is unclear to us how the Commission is protecting coastal access at all if it accepts this project. Protecting the coast is the original and continuing reason for this Commission's existence. Sincerely, President -u for BEXEN PRESS PO Box 1865 Carlsbad, CA 92018-1865 (619) 929-0609 January 19, 1996 Mr. Bill Ponder Planner, Carlsbad Area California Coastal Commission Dear Mr. Ponder: As a follow-up to the our telephone conversation on January 10, 1996, we are sending the following items for your consideration of the Carlsbad Ranch LCP amendment proposal: Bexen Press' comments on the Draft EIR and additional information addressing the future of the Flower Fields. Bexen Press is an independent publisher tracking government policy and real estate. In this capacity, we have followed the Carlsbad Ranch/LEGO project since it was first unveiled at a developer, staff, Sacr,amento and local officials' meeting at Carlsbad City Hall on March 17, 1993. At that meeting, everything was in place: LEGO, the Gemological Institute, Pointe Resort, offices, retail (but ~ not an outlet mall; that was not added until late in 1995), and of course the Flower Fields. As recently as November 1995, the developer's direct mailing "Carlsbad Ranch News: A Report to the Residents of Car 1 s bad" , s ai d : "The 'Specific Plan' for Carlsbad Ranch includes not only Legoland, but a resort hotel and golf course, a smaller, family 'suites' hotel, a corporate office and R&D park, the headquarters of the Gemological Institute of America, and a specialty retail center. In addition, approximately one-third of the land -- including the historic flower fields -- will be preserved as open space." Later in the same publication: "The Carlsbad Ranch Specific Plan requires preservation of nearly 125 acres of open space, including the existing Flower Fields. Development of the other projects within Carlsbad Ranch contributes to the financial feasibility of preserving these fields. Our goal in designing the surrounding buildings has been to retain views and - - easy pub1 ic access. '' BEXEN PRESS PO Box 1865, Carlsbad, CA 92018 (619)929-0609 2 We are devastated by the loss of these Flower Fields. Preserving floriculture, not merely agriculture, on those acres is an issue of special local concern, the kind of local concern Local Coastal Plans are meant to address. The Flower Fields are not just a farm. Not unlike the cherry trees in Washington, DC, people look forward to the fields year after year. Over 200,000 people visited them in a six week period in 1995. Now the city has thrown them away. There is nothing in the present agreement with Carlsbad Ranch that guarantees that those slopes will be planted with flowers at all. It is the city that has always made the Flower Fields the key issue with the Carlsbad Ranch development. Ever since the LEGO plans were announced in March of 1993 the public has always been assured that no matter what happens, the Flower Fields would be there forever. The city created and campaigned hard for the LEGO advisory vote which won in June 1994. The measure asked, could you accept LEGO at 1.8 million visitors a year (compare to the 2.2 million visitor figure used since then) as long as the fields are saved? Maintaining the ranunculus fields was the carrot dangled in front of the voters. What a nice addition LEGO park would be, people were told. Suddenly, in late 1995, when the project reached the Carlsbad Planning Commission, there were no stipulations about planting flowers at all. ''I am not going to provide you a landscaped hill," the applicant informed the commission. He repeated that comment at the city council hearing. So it appears that the promise of continued Flower Fields is essentially a hoax. At the eleventh hour, after all the years this project has been under discussion, all the city came up with was a real estate contract giving Carlsbad the right of first offer on the Flower Fields after five years' notice. BEXEN PRESS PO Box 1865, Carlsbad, CA 92018 (619)929-0609 3 Our eleven-year-old neighbor would have cut a better deal. The city council approved Carlsbad Ranch with virtually no discussion. One councilmember lectured the audience about how hard the council worked on the project. You all have to understand, we were told, that the city really couldn't possibly direct a private business how to undertake their operations. Her comments seem disingenuous coming from a city that mandates that homebuilders include 15% low-income housing in their projects or face stiff assessments to build them elsewhere. We have been told that some people assumed that the developer would dedicate the Flower Fields to the city in exchange for approval of the project. The city has thrown away every trump card by not insisting on the maintenance of the fields now. Now it has no leverage at all, because there will be no further development on the Carlsbad Ranch. Therefore, Carlsbad will not have another opportunity to bargain for the Flower Fields from the developer. w. r Bexen Press feels that the Flower Fields are not going to be around for very long. The city council heard on January 9 the applicant giving a very bleak picture of the flower industry. Furthermore, a couple of years ago, the applicant obtained a loan from the California Coastal Conservancy to assist him in planting flowers. This information further shows that promises of perpetual fields to the public were never based on fact, but rather were used as an inducement for voter approval. We understand that agricultural conversion fees are available to the city. This money should only be earmarked for the Flower Fields to fulfill the promise to the residents, and, in a small way, to compensate for the failure of the city council to insist on the Flower Fields' preservation at the time when the council had the opportunity. If these funds are already targeted for other uses, that will have to be changed. We now want to present a proposal to you to preserve the Flower Fields, at least in part, immediately. We appreciate the fact that it may be impossible to maintain full acreage of ranunculus. However, we propose that some ranunculus are planted in an BEXEN PRESS PO Box 1865, Carlsbad, CA 92018 (619)929-0609 4 agricultural/horticultural demonstration garden and educational park. Such a concept would correlate well with LEGO'S education focus with young children and support the Coastal Act's goal to preserve agriculture. Designate this park as showing the agricultural history of San Diego County. Put in some benches. Sell some bulbs, and some poinsettias around Christmas. Have the schoolchildren learn about growing crops and the area's agricultural heritage. Don't want people traipsing through pesticide- laden fields? Make it a showcase for reduced-pesticide crop development. not over the whole area during the Flower Field blooming season. Plant some money-making crops too -- but This park possibly could include fiscal contributions from other San Diego County areas. What we saw happen to the Flower Fields on January 9 only reinforces Bexen Press' position that LEG0 and the rest of the Carlsbad Ranch development was always a done deal: that the land use decision and analyses were never a local decision; and that the possible demise of the Flower Fields is a predictable outcome when projects are not considered on the same basis as any other project coming before a public agency. Commission and City Council are on tape with Daniels . Cab1 evi si on. The Carlsbad Ranch hearings before the Planning Thank you for your consideration. Sincerely, President (619)929-0609 -2- .* C. October 10, 1995 Mr. Don Neu P1 anning Department City of Carlsbad Subject: Draft EIR for the Carlsbad Ranch -- Comments from: Bexen Press P.0. Box 1865 Carlsbad, CA 92018-1865 (619)929-0609 Dear Mr. Neu: We have examined the DEIR and are submitting the following comments, addressing these subjects: Agricultural Lands and Open Space Airport Compatibility A1 ternative Sites Housing Pub1 ic Services Traffic and Circulation Water rS The project can only be considered as one entity; although LEGOLAND is the anchor, the combined impact of all the tenants has to be considered, particularly that now regional retail is proposed, with almost as many square feet as LEGO. introductory comments are based on the old saying "Be carefu1 what you wish for; you may get it." he LEGO project was never a local land-use decision. Its genesis was 100% political, including the personal $t i nvol vemen t of Governor Wi 1 son. This DEIR completely validates and reinforces all the concerns raised by those who oppose the LEGO project. Most of the significant impacts identified can never be mitigated; in fact, many mitigation measures proposed are tired, outdated cliches which have no basis in reality. Bicycles, 12-hour work days, reclaimed sewage water usage in commercial buildings, and other proposals are nothing more than Band-Aids. In fact, most of the mitigation measures really do nothing more than showcase how severe the impacts from this project are going to be. It is the position of Bexen Press that, at this point in time, given the traffic and population congestion of coastal Southern California, it is impossible to build any theme park of more than minimal proportions along the coast. Locally, we have an annual three-week summer fair at Del Mar. It's common knowledge the traffic congestion this causes, particularly on 1-5. Eventually, with LEGO, Carlsbad will have a modified perpetual Del Mar Fair -- 365. days a year, 12-14 hours a day. There will be only peak and more peak hours. Otherwise, the project will not succeed economically. By now, many officials in Carlsbad, elected and staff, have made trips to LEGO Denmark and now LEGO Windsor. A11 have returned with glowing reports. However, their pleasant trips have little relevance for LEGO Carlsbad. It's a different country. ) -3- -4- Aqricultural Lands and Open Space The Carlsbad Ranch development proposal says that the flower fields, 53 acres, are not an economic certainty. To continue their existence, other agricultural lands, now set aside under Williamson Act incentives, will have to be developed to provide an economic base for these flower fields. Essentially, the flower fields are being held hostage. They are an integral part of the city, widely admired (visited by over 200,000 this spring, with considerable weekend traffic jams on Paseo del Norte) and considered a permanent fixture. To cancel t.he agricultural land set-aside, Carlsbad Ranch has to pay a cancellation fee of 12.5% of the lands' market value for non-agricultural use. It's time now for Carlsbad to fish or cut bait. .. Let this city now use eminent domain for acquisition of these fields. Incidentally, the present configuration of the Ranch development may block viewing them from the west. The schematic for the Ranch indicates an open space designation for a parcel in the extreme north-east corner. Since this area is described as rugged and probably not suitable for anything, even recreation, it is more surplus land than anything else. It seems vaguely deceptive to tout it as required open space land for this Ranch. Airport Com~atibility We do not agree that this project is compatible with the CLUP of any airport, especially not a very busy one like Palomar. We do not think that the FAA, in approving the noise contours, FAZ, etc. for Palomar Airport, ever considered a theme park located practically at the end of the runway. Actually, what seems compatible with an airport with almost 300,000 flights a year are low-level, box-like structures, no windows, few people, and certainly little outdoor activity. Creating a noise easement doesn't remove the noise. Frankly, we are disappointed with this DEIR chapter. The discussion is perfunctory and less than analytical. Alternative Sites Since the minimum acreage required is 400, it is unclear why the seven sites identified were selected in the firs' place. . ) No sites off the 1-15 corridor were included, although it would seem likely that more 400 acre sites are available inland than in the vicinity of 1-5. Three of the sites selected are in Oceanside -- if there are already siting problems in Carlsbad, how is it possible that a neighbor city would not experience the same? Even considering these three sites is an exercise in futility. Additional sites need to be considered in different locations. Poway was interested. Housinq In the Consideration of Environmental Impact, the DEIR estimates 3000-4000 service jobs will be created at buil out. Furthermore, the jobs will generally pay low or moderate wages, the proportion of low to moderate not identified, a1 though given service jobs in general, low wage jobs will predominate. It is specifically stated in the report that these new employees will commute and not relocate to Carlsbad. This creates a direct conflict with official Carlsbad policy which supports the concept of employees living here if they work here. In fact, recently the City Council has created hundreds of new lower-income units through its inclusionary housing policy, leveling fees on residential development to fund these units. ) i I -5- -6- C. Therefore the City immediately faces a dilemma. According to its policy, Carlsbad needs to create a huge number of additional lower-income units. But to pay for them, it has to go to developers, as it certainly would face great difficulty going to the voters. Since the Carlsbad Ranch will generate these jobs, it is the logical znd only source of funding. Otherwise, residential developers would have ample reason to declare that their tees are arbitrary and unfair, Public services Wherever there are crowds of vehicles or people, at a mall, a beach, a stadium, a park, there is always a need for more police presence. (Just think back on the incidents at the Del Mar Fair.) The police is needed for crowd control, traffic control, medical emergencies, disputes, etc. The private security this DEJR stipulates augments police; it doesn't substitute for it. Unhappily, where there are people, there is crime. And one thing that this project hopes to bring to Carlsbad is people! We have continually heard concern about public safety at meetings, not only for Carlsbad Ranch but other projects. As a start there is a need for a police sub-station. A good location might be near SDGLE along Carlsbad Boulevard. The Ranch facilities fee can fund this. Unless additional police presence is introduced immediately, eventually this city will have to come to the voters to approve police bonds. Asking for bond approval is usually a sign of poor planning. One fire engine is hardly suf'ficient to serve all the residences in the sprawling Southwest Quadrant and this massive project. At least, there is a need for an additional engine. The Batiquitos station can probably be expanded to accommodate this. Eventually, an emergency vehicle logically should be located near the Ranch itself. Carlsbad has not one full-service emergency medical facility. All patients have to be transported (often by air) out of the city to Encinitas, La Jolla, or Oceanside. In fact, we believe that a hospital proposed along the Palomar corridor was rejected some years ago because of traffic. We have not independently verified this fact. However, the lack of medical care is hardly addressed at all in the DEIR. Traffic and Circulation 1 For traffic impacts from the Carlsbad Ranch, this DEIR is grossly deficient. Why are we assuming that all visitors to the Carlsbad Ranch would exit 1-5 at Cannon or Palomar Airport Road? Would no visitors approach through downtown Carlsbad or from the south along 101? Or approach from the east from Vista, San Harcos, or via 1-15? All the emphasis is on Zone 13. Does Zone 13 exist in a vacuum? Other zones are neither isolated nor insulated from Zone 13. For the community, the traffic impact is one of the most critical issues that has to be considered. Visitors to theme parks, hotels, and malls in this country do not arrive by bicycle or on foot. Maybe there are a few tour buses, perhaps a taxi or two. The automobile is the preferred and usual mode of transportation. There is a railroad level grade crossing near Cannon and 1-5 which becomes more dangerous as the number of vehicles on Cannon increases. There has to be a grade separation here. When the General Plan, Growth Management Plan, and other standards for Carlsbad were put in place, locating a theme park in the center of the city was never a consideration. A member of this city's Planning Commission has claimed that LEGOLANlj will generate no more daily traffic than a Ralphs' parking lot. i , i Recently, the Carlsbad City Council rejected siting one supermarket Qn El Camino Real because of traffic. -7- -8- The traffic impacts from Carlsbad Ranch cannot be mitigated and that fact alone is a basis for rejectin'g the type of development proposed. Water Reclaimed water is treated sewage water. Its use carries considerable health risks, many of which may not even be known. That's why there are rigid restrictions on its use. it is difficult to understand why a childrens' theme park kould want to assume the risk of using reclaimed water. Bringing dual plumbing into commercial structures carries with it considerable hazards. Pipes burst, pipes leak, back-flow devices fail, among other problems. The DEIR does not hide the fact that the project faces a fresh water shortage. This shortage will absolutely affect the residents of Carlsbad. Our domestic supply will be priced higher and higher to discourage consumption, build more local storage, and subsidize the reclaimed water users. We have never talked with anyone, either locally or out- of-area, who has said anything else than "LEG0 is a Done Deal ." It seems that most of the development problems are being pigeonholed into corAvenient, often ridiculous solutions. Not enough water? Just re-use it, over and over. Noisy airport? Create an easement. Want to visit from Fullerton? Ride a bicycle. Cut down on commuting? Work 12-hour shifts. Bad air quality? Telecommute. These jobs are mainly in services. How can hotel maids, gardeners, and retail clerks telecommute? Leaves do not get raked by computer. These solutions only highlight the inherent problems, noc remove them. The Carlsbad Ranch development is too intense for its site and unsuitable for its location. It severely compromises the quality of life in this city. Since the development components are regional in scope, their benefit locally is unclear and possibly minimal. Sincere1 y , Renata B. Mulry Director, Research Bexen Press P.O. Box 1865 Carlsbad, CA 92018-1865 (619)929-0609 San Diego Convention &Visitols Bureau 401 B Street, Surte 1400, San Diego. CA 92101-4237, Telephone (619) 232-3101 FAX (619) 696-9371 -, April 4, 1996 Mr. William B. Rick California Coastal Commission 5620 Friars Road San Diego, CA 921 10-2596 Dear Mr. Rick: On behalf of San Diego's visitor industry, I am delighted to recommend your approval of the Leg0 Family Park proposed for Carlsbad, California. The Leg0 project will make a wonderful addition to San Diego's growing list of visitor attractions. As you may know, the San Diego Convention & Visitors Bureau proudly promotes the greater San Diego region as a family destination. Lego, which caters to families with young children, is a perfect compliment to our region's growing reputation for exciting, family oriented attractions. Again, I encourage your approval and thank you in advance for your support of this truly s pe ct acu I ar project . __ Reint Reinders, CHA President & CEO RR: SG/cam cc: California Coastal Commission Staff Funded partially by me City: County and Port of San Diego @ APR-05-96 FRI 02; 58 PM - JAMES 0. ABRAMS WILLIAM A. HOWE, 111 SXEC':M ViCE PlESlOENT GC&UnC MANAGER OFFICERS AMERICAN HOTEL h MOTEL ASSOClATION OJRECTOR DAVfO C. BRITTON, CHA 6A;FVif MMAGMEAIT INC. dANCM0 cUWG!d2'tcd CAI HOTEL & MOTEL ASSOC FAX NO, 916 444-5848 P, 02 g-.?gTX STREET RO. 80X 160405 SACRAMENTOf CALIFORNlA 95816-0405 (91 6) 444-5780 TEKW (916) W-5848 April 5, 1996 Carl Williams, Chairman California Coastal Commission 45 Fremont Street, Suite 2000 San Francisco, CA 94105 Re: LEGOLANW Carfsbad CALIF ORNlA COASTAL COMMISSION SAN DEGO COAST DISTRICT Dear Chairman Williams: On behalf of the more than 1,400 members of the California Hotel & Motel Association, I am writing to urge favorable action by the Commission relative to the LECOCAND Carlsbad family theme park. As a key component of California's large travel and tourism industry, the state's lodging industry has experienced first hand the tremendously detrimental impact of California's continuing loss of travel and tourism business. In the last decade, California has lost more than 7 0% of its share of the domestic US.) market, and this hurts not only our hotels and motels, but also the many hundreds of thousands of Californians who depend on travel arid tourism for their livelihoods, Of key significance to the lodging industry is the fact that LEGOLANO Carlsbad is projecfed to attract approximateJy 1.8 million visitors in its first year, and a large portion of that market will be come from outside the state. This is exactly the type of project which will help keep California uppermost in the minds of the traveling public and promore the critically needed rebuilding of the state's tourism market share. On a more specific level, the LEGOLAND project will have independent economic significance (employing more than. 800 people during the construction phase and 700 full-time employees thereatter) in the Southern California area. Also, it will add a significant new cultural and educational zsset in Southern California. For these reasons, we respectfully urge that you and the members of the California Coastal Cornmission take the necessary measures to allow the LEGOLAND Carlsbad project to proceed as expeditiously as possible. Thank you. Sincerely, 'LJ James 0. Abrams Executive Vice Presidenr cc: Dcborah Lee Aprll 5, I996 9 CLLAI-I WfORNIA LODGING INDU5XY ASSOCIATIOW P. 111 .I -'a. 8,' , ' '&:e ,..- flr. Carl Wllllams I-: 'ii, ", ~. Chalrmah Callfornia Coastal Commission 45 Fremoht Street, Sultc 2600 San Francisco, CA 94105 Dear Chalrmdn Wllltams: I am vrltfng Chis tekter of support .for LEGOLAND Carlsbad, the fJlslly park scheduled to open in Sao Dlego C,aur\ty in 1999. LEGC) World's deci~ion in lQQ3 to locate in California represented a major coup for Carlsbad, San Dlego County and the State of Callfornta. LEGOLAND Carlsbad'r economio Importance Is 51gniCicant4 Carlsbad I~..projected to receive IIIQ~~ khan 976 milllon annually In economlu beneflts. In addltlon, conqtructlon of thm park ulll create more than 800 fobs and $185 million In new Investment. The park will emplay approximately 700 full and part-ttme workers and 1s prsjectad to attract roughly t.8 mllllah visitors In its flrst year of operation. With such en lnftur of new vlsltors, hotel3 and motolv In the area will benefit significantly, enabling greater employment end tax revenues ta the City of Carlibad. LEGOLAND Cartsbed Ulli complement area attractions, actiulties and evunts, providlng people yet another reason ta vldlt the Golden State, the number one travel destlnatlon In the natlon. I urga you and members of the California Coastal Commlsslcn to 'take the necessary s.teps to make LEGOLAND Csrlsbad a rea!lty. Sincerely, / Executive' Vlce President PAGE 02 April 5,1996 Mr. Carl Williams, Chairman California Coastal Commission 45 Fremont St., Ste 2000 San Francisco, CA 941 05 Dear Chairman Williams: This letter is in support of LEGOLAND Carlsbad, the family park scheduled to open in San Diego County in 1999. LEGQ World's's decision in 2993 to locate in California represented a major coup for --- Cadsbad, San Diego County and the entire State of Ca!ifornia. It's economic importance: is significant. Carlsbad is projected to receive more than $76 million annually in economic benefits. In addition, construction ofthe park will create more than 800 jobs and 5185 million in new investment. The park will employ approximately 700 full and part-time workers and is projected to attract roughly 1.8 million visitors in its first year of operation. In addition to the economic impact of LEGOLAND Carlsbad, the park has a tremendous educational value, with emphasis placed on education, entertainment and active play for children 2-13 years old and their families. LECiOLAYND Carlsbad will complement area attractions, activities and events, providing people yet another reason to visit the Golden State, the number one travel destination in the nation. I urge you and members of the California Coastal Commissiorl tu take the necessary steps to make LEGOLAND Carlsbad a reality. Thank you for your consideration. Very truly your8, $J.J!&ku Ruth Schnabel, CFE Executive Director .- Julie hleier Wright .Sl~l.,.l~r'r l?' I I i i i San Diego Regional Office I 750 'B' Street Suite 1830 San Diego, CA 92 101-1 822 ' CALIFORNIA TRADE AND COMMERCE AGENCY (6 19) 645-2657 Fax (619) 645-2663 -- . -. r__ March 29, 1996 Carl L. Williams Chairman California Coastal Commission 708 Broderick Street San Francisco, CA 94 1 17 0 - <_e--- ' j. '2 14 ., C A L i Fi, 5 IVIA '0445T4: l.'0P.l~~/j~,QN L'IkC',(> Cfi,A$T ~lyqo~~, I I. RE: LEGOLAND PROJECT Dear Mr. Williams: - As you are aware, there is tremendous support for the Legoland Project in Carlsbad. Attached for your review are several letters of support, including related attachments for your convenience. As you consider your vote Thursday, April 11, 1996, keep in mind that the Legoland Family Theme Park would create several hundred new jobs in the Carlsbad area and provide a unique blend of education and entertainment for Californians of all ages. Sincerely, A . :, Director San Diego Regional Office Attachments (8) cc: California Coastal Commissioners California Coastal Commission Staff San Diego Coastal Area 3 11 1 Camino Del Rio North, Suite 200 San Diego, California 92 108- 1725 ... March 18,1996 BILL HORN, SUPERVISOR FIFTH DISTRICT Judy Jarvis, Director California Trade and Commerce Agency 750 B Street, Suite 1830 San Diego,CA 92101 Dear Ms. Jarvis: This letter is in response to a request to confirm my support for the Leg0 Theme Park in Carlsbad. San Diego County is the best location for this project with its. exceptional climate, cultural and educational facilities and overall quality of life. On February 9,1993, the County Board of supervisors voted in favor of supporting the City of Carlsbad in its efforts to attract the Leg0 Theme Park to their City. The creation of jobs and the increased tax base will assist in the economic recovery of San Diego County. I support the location of the Lego Theine Park in Carlsbad. If I may be of further assistance, please feel free to contact me at 531-5555. Vice Chairman Board of Supervisors BH:nw 1600 PACIFIC HIGHWAY. ROOM 335. SAN DIEGO. CALIFORNIA 92101 (619) 531-5555 NOT PRINTED AT GOVERNMENT EXPENSE P.4R.z SLATER S;>EiVISOR, THIilD DISTRICT SAN DliG3 COUNlY BOARD OF SUPERVISORS h March 18, 1996 Judy Jarvis, Director California Trade and Commerce Agency 750 B Street, Suite 1830 Sa11 Diego, CA 92101 Dear Ms.-Jarvis: This letter is in response to a request to reaffirm my support for the Leg0 Theme Park in Carlsbad. San Diego County is the best location for this project with its exceptional climate, cultural and educational facilities and overall quality of life. On February 9, 1993, at my request, the County Board of Supervisors voted in favor of supporting the City of Carlsbad in its efforts to attract the Leg0 Theme Park to their City. The creation of jobs and the increased tax base will assist in the economic recovery of San Diego County. My strong support for this project remains as stated in the attached Board resolution. If I may be of further assistance please feel free to contact me at (619) 531-5533. Uf Supervisors PS: Attachment COUNTY OF SkN DIEGO BOARD OF SUFERVISORS . TUESDAY, FEBRUARY 9, 1903 MINUTE ORDER NO. 26 SUBJECT: 3lanned Development of Le50 Theme Park Eeing Ccnsidered the City of Carlsbad F1SCP.L IXFACT: hs stated in a recent article in the San Diego Union in the build. of the Theme Park would run approximately $100 Million stimulatinc the economy in San Diego County and would generate employment of : full tine people and create 800 seasonal jobs. RECOYJENDATION: SUPERVISORS MACDOXALD AND SLATER: A Resolution of support be given by the Board-of Supervisors to tl City of Carlsbad and Leg0 System, Inc., for the development of a Theme Park in the City of Carlsbad. DOCUHENTS: Supervisors MacDonald and Slater's report, Board of Supervisors' Document No. 754295. SPEAKERS: None DISCUSSION: Supervisor Slater on behalf of herself and Supervisor HacDonald requested Board's. support of Leg0 Theme Park. Administrative officer noted the assistance of the Economic Advisors on this project. The Chief ACTION: ON MOTION of Supervisor Slater, seconded by Supervisor Jacob, the Board of Supervisors took action as recommended (Resolution 93- 49, RESOLUTION IN SUPPORT OF LEGOLAND. . kyes: Bilbray, Slater, Jacob, Williams hbsent : MacDonald --- NO. 26 2/9/93 kjt Page 1 of 2 Pages I .- Ha. 93-49 TUESDAY, fEBRUARY 9. 1993 RESOWIlON W SUPPORT OF LEGOLAh?) On motion of Supervisor--fl_a_t_ec _____, seconded by SUpCIVisOr MacDonald , tbc following resolution is adopted: Wereas, rbc County of Sa0 Diego having an Exccptional Uimaic for Recreational Fadlities uilhin its County; and - U'bcreas, the County of San Dkgo having ilb Exceptional Educational Fadtics within ils Count)r; and I U'bereas, tbe County of Sa Diego' baving an Erceptional cultural Fadlides within is County; and U'hcrca, the County of San Diego having an Exceptional overall Qualhy of WC provided to is Citizens in the Cowry, NOW THEREFORE IT IS HEREBY RESOLVED, that he Board of Supcnkors OD kbdf ofk dti2Lm of the County of Snn Diego, suppofl rhc Q'ry of Czrlsbad and Lcgo System Ioc for rhe dcvclopnicn~ of a thcmc park in &e City of Grlsbad. PASSED AYD ADOPTED By tbc Bo2rd of Supcnisors of the Counry of San Diego, Slaic of Ca!ifornk. this 2 da) of febroary.1993 by rhc foliouingvoie: AYES: Supervisors Bilbray. Slater, Jzcob. and Williams NOES: Supervisors None XBSEhT: Supervisor HacDoMlg . - - J STATE OF CALIFORNIA), County of San Diego) 3 hereby certify that the foregoing is a full, true, and correct copy of the Original Resolution which is now on file in my off ice. THD)W J. PASTUSZXA Clerk of the Board of Supervisors B )fl&/fd& i. --...:I LL +a A. Tiscareho. Deputy L. -.I d 01 Callfornla Mike Cross Eiecutive Vice Prsidenr General Manager April 8, 4996 Hearing item #11 C Thursday, April ?I Attn: Chairman Carl L. Williams and Commissioners This letter is in response to a request to reconfirm Sea World's support for the LEG0 theme park project proposed for Carlsbad. Sea World continues to actively support the addition of LEGOMNO to the list of world class attractions in San Diego County, attractions that are unique in combining sducatic.:! and entertainment for Southern Californians and for tourists who visit San Diego County from around the world. Sea World encourages your consideration of the strong business community support for this important new attraction. Sincerely, Mike Cross Executive Vice President General Manager CMC:ak cc: California Coastal Commission Staff San Diego Coastal Area 31 11 Camino Del Rio North, Suite 200 San Diego, California 921 08-1725 Sea Wcrld of California 1720 South Shores 6oid San Diego. CA 921G9-7995 Fax: (619) 2264933 721: (6191 22~ao2 J-09- 1 396 1 0 : 35A1.1 FRCSt.1 CALIFORNIA BUS ASSOC 4BB 633 1 934 - 1 P. 2 .. April 8, 1996 Carl W itliuns Chairman California Coastal Commission 45 Frernont Street, Suite 2000 San Francisco, CA ,94 105 Dear Chairman Willins: I am writhg this letter of support for LEGOLAND Carlsbad, the family park scheduled to open in San Diego County in 1999. LEG0 World’s decision in 1993 to locate in California represented a major coup for Carlsbad, San Diego County and Ihe State of California. LEGOLAND CarIsbnd’s economic inpoi-cance is significant. Carlsbad is projeckd to receive more than S76 tnilljon annually in economic benefits. In addition, construction of the park will create more than 800 jobs and S IS5 million in new invtstmmt. The park will employ approximately 700 full and part-time workers and is projected to amact roughly I .8 million visitors in its first year of operation. In addition 10 the economic impact of LECOLAND Carlsbad, tbe park has a tremendous educational value, with emphasis placed on eduetion, cnrmaiment and active play for children 2 to 13 years old aud their families. LEGOLAND Cadsbad will complerncnt ma amactions, activities and events, providing people yet another reitsoii to visit the Golden State, the number one travel destinaeion in the nation. I urge you and members ofthe California Coastal Conimission to take the necessay steps to make LEGOLAND Csrlsbad a reality. Sincerely. CBA President RGD/sp .. a. rc- P. .i * State of California MEMORANDUM California Coastal Commission San Diego District TO : Commissioners and DATE: April 9, 1996 Interested Persons FROM : Staff FILE NO: 6-96-9 SUBJECT: Modifications to Conditions and Findings to Staff Report and Preliminary Recommendation Dated March 20, 1996 Staff recommends the following Special Conditions #11 and #12 be added. 11. Open SDace. Prior to the issuance of the coastal development permit, the applicant shall re-record a restriction against Lots 16 and 18, free of all prior liens and encumbrances, except for tax liens, and binding on the permittee's successors in interest and any subsequent purchasers of any portion of the real property. This restriction shall replace the existing recorded documents on these lots as approved in CDP #6-93-34. The restriction on Lot 16 shall I conform to the previous deed restriction and also allow uses as permitted by the Carlsbad Ranch Specific Plan subject to review and approval through an amendment to this permit, or separate coastal development permit. The restriction on Lot 18 shall conform to the previous deed restriction but be re-recorded against Lot 18 as approved through this coastal development permit. The recording document shall include legal descriptions of both the applicant's entire parcel(s) and the restricted area, and shall be in a form and content acceptable to the Executive Director. Evidence of recordation of such restriction shall be subject to the review and written approval of the Executive Director. 12. Release of Coastal Development permit for each Unit of Tentative Map and Phase of Gradinq. This Coastal Development Permit shall be released in 3 phases for Units 1,2 and 3 of Tentative Map CT 94-09, as revised to conform to the phased grading schedule approved by the City of Carlsbad and pursuant to Special Condition #7 of this coastal development permit. 'The applicant shall be required to comply with all Special Conditions which address the grading, dedication of trail easements, deed restrictions, street and drainage improvements and landscaping within lots being created, prior to the issuance of the coastal development permit and recordation of the final -_ CDP 6-96-9 Page 2 *- maps for each Unit which contains said lots, trail easements, grading and improvements. The release of the permit for each Unit shall be subject to the approval of the Executive Director, prior to commencement of grading in each Unit. On Page 1 of the staff report, the "Project Description" should be amended to include the following. The Master Tentative Map is proposed in Units 1, 2, and 3. Also shown on the tentative map and included in the Carlsbad Ranch Specific Plan are Existing Lot 5,6 and 14 which have already been created pursuant to coastal development permit #6-93-34. Grading is proposed and approved for the entire Carlsbad Ranch Specific Plan area. The coastal development permit shall be released in phases corresponding to buildout of each Unit. Final maps for each Unit will be recorded prior to grading within each Unit. Therefore, the lot numbers as shown on the submitted tentative map may change, pursuant to the approved grading schedule, due to the fact that recordation of the lots must occur in a consecutive manner. Special condition #12 allows for phased release of this coastal development permit to accommodate the phasing of grading and development approved by the City of Carlsbad and the Executive Director, prior to issuance of the permit for each Unit containing the approved grading. On page 2 of the staff report, a minor addition to Special Condition No. l(d) shall be made as follows: l(d) If at any time in the future, acreaae for a public recreation or open space use, which was exempt from Policy 2-1, is no longer owned, leased or controlled by the City of Carlsbad, the exemption from Policy 2-1 will be voided and one of the three conversion options shall be implemented for said acreage. On page 4 of the staff report, a correction to the last sentence of Special Condition No. 5 shall be made as follows: Installation of the proposed pedestrian trail improvements on the resort/Legoland trail shall occur prior to occupancy of the Legoland development on Lot 27 18. On Page 5, the following revision shall be made to the second to the last sentence in Special Condition #7: The coastal development permit may be released in phases in accordance with the approved grading schedule.~~P/%~$/~~8~~~$ On page 6 of the staff report, the following should be added to ~#~$#~~/~P~~%~~~~~/~~/%~~/~~#~~~~~/~~~~~/~~~~~~~~/#~~~ * CDP 6-96-9 Page 3 the table at the bottom of the page: 1993 Amroval Proposed Plan Roads 0 acres 24 acres On page 7 of the staff report, first sentence of the first full paragraph, the following shall be deleted: The Carlsbad Ranch is f$/W/#flj?$#$# and has been held by the Ecke family since the 1950s, during which time the site has been in continuous agricultural production. On page 8 of the staff report, after the second complete paragraph, a new paragraph should be added as follows: The contract was recently further amended to bring its cancellation provisions into conformity with current statutory cancellation provisions. The applicant also recently obtained tentative cancellation of the contract over portions of the Carlsbad Ranch proposed for development. On page 8 of the staff report, the first sentence of the third full paragraph should be changed as follows: The companion LCP amendment to this coastal development permit at this Commission meeting has revised the Mello I1 LUP Policy 2-1 (Conservation of Agricultural Lands) to apply it to the area of the Carlsbad Ranch within the agricultural preserve, with the exception of approximately $$I# 53.8 acres to be retained for agricultural use and would provide that any acreage under the control of a public entity for use as public recreation or open space will be exempt from policy 2-1. On page 10 of the staff report, the following policies from the Carlsbad Ranch Specific Plan should be added below the citation regarding Section 30213 of the Coastal Act: Policv ll-B Provide a pedestrian walkway linking the Carlsbad Ranch to the planned city-wide trail system. Policv ll-C Establish a pedestrian trail connection between the Specialty Retail area (Planning Area 6) and the promenade along Armada Drive. Design the trail to allow movement of farm vehicles across the trail to adjoining agricultural uses. On page 11 of the staff report, the following finding shall be added as the last sentence of the first paragraph: CDP 6-Y6-9 Page 4 These special conditions are consistent with the Commission's actions on Carlsbad LCPA #1-96(C) which found the Carlsbad Ranch Specific Plan consistent with a number of the visitor accommodations/priority use provisions of the Coastal Act. Policies 11-B and 11-C of the specific plan address public access. The former states a pedestrian walkway linking the Carlsbad Ranch to the planned city-wide trail system will be provided. The latter states a pedestrian trail will be established as a connection between Planning Area #6 (Specialty Retail) and the promenade along Armada Drive. The trail must be designed to allow movement of farm vehicles across the trail to adjoining agricultural areas. The special conditions listed below serve to implement the above trail policies. On page 11 of the staff report, in support of proposed Special Condition #12, the following finding shall be added as a new paragraph to precede the paragraph beginning with "Special Condition #5 I' . Special Condition #12 allows for the Coastal Development Permit to be issued in phases to accommodate the planned phasing of grading (Units 1-3) and to not require compliance with specific conditions until prior to the recordation of the final maps for each Unit. This condition will ensure that either the easement dedications or recordation of the offers to dedicate trail easements have been recorded prior to issuance of the coastal development permit for the Unit of the Master TM 94-09 which contains the trail easements. In that way the Commission will be assured that the public trail system will be built in connection with buildout of each phase of the project. On page 11 of the staff report, the fourth sentence of paragraph 3 shall be changed as follows: Installation of the proposed pedestrian trail improvements on the pedestrian/golf cart trail shall occur prior to occupancy of the Legoland development on Lot z7' 18. On page 12 of the staff report, in support of Special Condition #11, the second paragraph under "Protection of Sensitive Habitat", shall be revised as follows: In addition, the previous approval reserved the sensitive resources located in the northeast portion of the site (Lot 16) as open space and that deed restriction has been recorded. This portion of the site connects to the enviromentally sensitive Macario Canyon. The Commission found it was appropriate to protect these resources at the subdivision stage consistent with the riparian habitat protection policies contained in the 4 CDP 6-96-9 Page 5 ' Specific Plan. Additionally, the Commission found that the Specific Plan is supplemented by the resource protection policies in the Mello I1 LCP which provide for protection of naturally-vegetated steep slope areas. Both on-site sensitive areas were preserved under an open space deed restriction of CDP #6-93-34; however, the Commission finds these requirements must be re-recorded under the present subject permit CDP #6-96-9 as Special Condition #11 to ensure consistency with the present standard of review. The condition also allows permitted uses of the Carlsbad Ranch Specific Plan in Lot 16 subject to review and apDroval of such uses throuah an amendment or new coastal development permit. Therefore, preservation of these sensitive areas from future development, at this time, is consistent with the resource protection policies of the Mello I1 segment of the certified LCP. - - On page 14 of the staff report, the following shall be added as the last sentence on the bottom of the page. The attached Special Condition #10 provides that approval of the coastal development permit is conditioned upon certification of Local Coastal Program Amendment #1-96(C). Accordingly, prior to issuance of the coastal development the Executive Director of the Coastal Commission confirming that the Coastal Commission has effectively certified LCPA #1-96(C) in accordance with California Code of Regulations title 14, section 13544. The attached Exhibits 6,7, and 8 should replace those contained in the staff report which were FAXED copies and not as readable. (3309M) I I\ c c+ CI b ,- Trail easements to be dedicated to the City of Carlsbad (or an irrevocable offer to dedicate shall be given to the City) Master Tentative Map for Carlsbad Ranch (C.T 94-09) Designates access points only and no dedicated trail easement outside the boundary of the ? >O' Resort Landscape Seibcck - 42' Water & Trail Easement I "+. a Rest Area with Benches and Trash Recepfacle 1 Rest area location 1 Location Map Figure TRAIL REST AREA EXHIBT NO. I h 1600' U SOLE: 1" = 800' Attachment C EXHIBIT NO. fi 1 ACREAGE ON WHICH CONVERSION MITIGATION FEE WILL BE PAID (202.1 1 ACRES) GOLF COURSE LANDS (73.74 ACRES) - LOT NUMBE2 AREA (Acres) LOT NUMBEi? AREA (Acres) LOT NUMB€R AREA (Acres)