HomeMy WebLinkAboutLCPA 90-08B; Carlsbad Ranch Specific Plan; Local Coastal Program Amendment (LCPA)P.C. AGENDA OF December 6,1995
Application compkte date: August 15.1994
Project Planner: Don Neu
Project Engineer: Jim Davis
SUBJECT
87-13(B)lCT 9449PUD 9447/HDP 94-07/DA 94-01 - CARLSBAD RANC)II
LEGOLAND SPECIFIC PLAN AMENDMENT - Request for the certification
of a Program Environmental Impact Report, and approval of Candidate
Findings of Fact, Statement of Overriding Considerations, Mitigation
Monitoring and Reporting Program, General Plan Amendment, Local Coastal
Program Amendment, Zone Change, Specific Plan Amendments, Local
Facilities Management Plan Amendment, Tentative Tract Map, Nonresidential
Planned Unit Development, Hillside Development Permit, and Development
Agreement. Proposed land uses include LEGOLAND, destination resort,
hoteVtimeshare, golf course, commercial, office, research and development,
related light manufacturing, a vocational school campus, and agriculture on
a total of 471.6 acres. The project site is 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 the boundary of Local Facilities Management
Zones 5 and 8.
I. RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolution No. 3844
RECOMMENDING CERTIFICATION of EIR 94-01, ADOPT Planning Commission
Resolution Nos. 3845, 3846, 3847, 3848, 3849, 3850, and 3854, RECOMMENDING
13(B), and DA 94-01, and ADOn Planning Commission Resolution Nos. 3851,3852, and
3853, APPROVING CI' 94-09, PUD 94-07, and HDP 94-07, based on the findings and
subject to the conditions contained therein.
11. INTRODUCI'ION
This application proposes an amendment to the Carlsbad Ranch Specific Plan to
significantly reduce the office/research and development component of the plan and add
recreational, retail, and visitor serving land uses. Development in areas restricted to
agricultural uses in the existing plan is proposed. Proposed land uses for the Specific Plan
Amendment reflect a mix of compatible and complementary non-residential uses, including
APPROVAL of GPA 94-03, LCPA 90-08(B), ZC 94-02, SP 207(A), SP 144(G), LFMP 87-
EIR 94-O1/GPA 9443t~dTA 9o.o8o/zc 9402/SP #YI(A)ISP 14e(G)/ LFMP 87-13(B)/CI' 94-09/PUD 94M/HDP 94M/DA 94-01 -
CARLSBAD RANCHLEGOL4ND SPECIFICPLANAMENDMENT DECEMBER 6.1995 - office, research and development, related light manuhcturing, commercial, hotel/timeshare,
destination resort, golf course, agriculture, a vocational school campus and LEGOLAND
Carlsbad. The amendment proposes increasing the land area of the original specific plan
from 423.51 acres to 447.40 acres an increase of 23.89 acres. Related discretionary
approvals to implement the specific plan amendment are also proposed. The proposed
project actions are in compliance with all applicable plans, ordinances, standards and
policies.
111. PROJECT DESCRIPTION AND BAC KCROUND
The Carltas Company is requesting several discretionary approvals for an area totaling 471.6
acres. Approval of the project will allow the development of office, research and
development, related light manufacturing, commercial, hoteUtimeshare, destination resort,
golf course, agriculture, a vocational school campus, and LEGOLAND Carlsbad, on a total
of 447.40 acres. Additionally, the proposed project will involve the development of a
portion of the proposed golf course on a 24.2 acre parcel under SDG&E ownership, and
improvements to the I-S/Cannon Road interchange. The following is a list of the approvals
requested as part of this project:
1. Certification of the Environmental Impact Report. A Program Environmental
Impact Report (EIR) was prepared for the project. The EIR analyzed the potential
impact of development pursuant to the proposed specific plan and related actions.
The environmental issue areas analyzed in the EIR are Agricultural Resources; Air
Quality; Archaeological and Paleontological Resources; Biological Resources;
TraffiClCirculation; Hazardous Wastepesticide Residue; Land Use Compatibility;
Noise; Public SeMces and Utilities; Solid Waste; Visual AestheticdGrading; and
Water Quality.
2. General Plan Amendment. The applicant is requesting an amendment to the
General Plan Land Use Map as follows:
fistipn General P Ian Lan d Use Desienations:
Community Commercial/OfficeLPlanned Industrial (C/O/PI)
Travel/Recreation CommerciaVCommunity Commercial (T-R/C)
0 CMice/Fkned Industrial (OPI)
0 Community Commercial (C)
0 Planned Industrial (PI)
0 open spa- (0s)
0 Unplanned Area (UA)
Proposed Gen eral Plan Land Use De simations: -
0 Office/Planned Industrial (O/PI)
0 Regional Commercial (R)
Travel/Recreation Commercial/Community Commercial (T-WC)
- 4
EIR 9401/GPA 94os,-CPA 9o.o8o/u= 9402/SP #n(A)/SP lH(G)/ LFMP 87-13(B)/C”’ 9409/PUD 9W/HDP 9447/DA 94-01 - CARISBAD RANCHLEGOLAND SPECIFIC PLAN AMENDMENT DECEMBER 6,1995
PAGE 3
0
TraveVRecreation Commercial (T-R)
0 Open Space (0s)
The exhibits attached to the Planning Commission Resolution for the General Plan
Amendment show the proposed changes graphically.
Included is an adjustment to the official open space and conservation map to adjust
the open space boundary placed over the golf driving range area to be consistent with
the new land use boundaries. An amendment to the circulation element is also
proposed to replace Hidden Valley Road as a circulation element road with Armada
Drive.
3.
4.
Local Coastal Program Amendment. The proposal includes amendments to the text of the Agua Hedionda and Mello I1 Segments of the Local Coastal Program as well
as amendments to the Mello I1 Land Use Plan Map. Also proposed are amendments
to the implementation plan which consist of zone changes as well as text amendments
to the Carlsbad Ranch Specific Plan and the Coastal Agricultural Overlay Zone.
These actions will make the General Plan, Zoning, and Carlsbad Ranch Specific Plan
consistent with the Local Coastal Program. Acceptance of suggested modifications
for Local Coastal Program Amendment 9048 previously approved by the California
Coastal Commission is also proposed.
Zone Change. A zone change is proposed to make the zoning consistent with the
proposed General Plan and Local Coastal Program land use designations. The
requested zone change is as follows:
Existinit Zoning Desienations:
0 Of€ice/Planned Industrial, Qualified Development Overlay Zone (0-Q/P-M-Q)
0 General Commercial/Of€ice/Plaed Industrial, Qualified Development
Commercial-TouristGeneral Commercial, Qualified Development Overlay
Overlay Zone (C-2-WO-Q/P-M-Q)
Zone (C-T-a/C-2-Q) General Commercial, Qualified Development Overlay Zone (C-2-Q)
Exclusive Agricultural (E-A)
0
0 Plmed hdusdal (P-M)
0 Openspace (0s)
0 Public Utility (P-U)
PmwdZon inn - Desb ations: Of6ce/Planned Industrial, Qualified Development Overlay Zone (0-Q/P-M-Q)
Zone (GT-Q/C-2-Q) General Commercial, Qualified Development Overlay Zone (C-2-Q)
0 Commercial-Tourist/General Commercial, Qualified Development Overlay
Commercial-Tourist, Qualified Development Overlay Zone (C-T-Q) 0
0 Open Space (OS)
EIR 9401/GPA 94-4LCPA 9cros(s)/ZC 9402/SP 207(A)/SP 1-Y4G)/ LFMP 87-13(B)/CI' 9449/PUD 9447/HDP 9447/DA 9401 - CARLSBAD RANCWLEGOIAND SPECIFIC PIAN -MEN"' DECEMBER 6,1995-
The exhi%& &ached to the Planning Commission Resolution for the Zone Change
show the proposed changes graphically.
5. Carlsbad Ranch Specific Plan Amendment. An amendment to the adopted specific
plan is proposed which increases the land area of the original specific plan by 23.89 acres. This increase includes the transfer of 20.56 acres from Zone 5 to Zone 13
which is located along the southeast boundsuy of the project and the inclusion of 3.33
acres south of Cannon Road. The amendment also changes the proposed land uses
for the Specific Plan. Although some of the uses will be similar in type to the
original Carlsbad Ranch Specific Plan, there will be a reduced officehesearch and
development component and the focus of the project will be recreational, retail, and
visitor serving land uses. Development in areas previously retained for agricultural use is proposed.
6. SDC&E Specific Plan Amendment. An amendment is proposed to the boundaries
of the SDG&E Encina Specific Plan to remove 24.2 acres from the specific plan area.
The existing Encina Specific Plan consists of an approving ordinance and a land use
map. The revised land use map will supersede the current map and become a part
of the existing Encina Specific Plan.
7. Local Facilities Management Plan Amendments (Zones 13 and 5). The amendment
is proposed to reflect the changes in land use and adjustments to the Zone 13 boundary. The boundary adjustment incorporates an area which was formerly within
Zone 5 and transfers it into Zone 13.
8. Master Tentative Tract Map. Approval of a Master Tentative Map for the area covered by the Carlsbad Ranch Specific Plan is proposed. The tentative map proposes 18 lots and one private street lot. Four lots created by the previous Final
Maps recorded on the property are labeled as existing and will not be re-mapped.
9. Non-Residential Planned Unit Development Permit. A Non-residential Planned Unit
Development Permit is proposed to allow for Street "D" within Planning Area 2
(Researcb and DevelopmenVOf6ce) to be a private street with special design
features.
10. Hlllside Development Permit. Proposed grading of the project site must be in
conformance with the City's Hillside Development Ordinance. The purpose of this permit is to review this conformance.
Development Agreement. LEG0 Park Planniag, Incorporated is requesting approval
of a Development Agreement for Planning Area 4 (LEGOLAND Carlsbad).
Approval of a Development Agreement would provide the City and the applicant
certain assurances that, during the specified term of the Development Agreement,
LEGOLAND can be developed in accordance with the Specific Plan and other City
11.
'.
EIR 9401/GPA - J3mA 9o-o8o/zC 94az/sP 207(A)lSk i44(G)/ LFMP 87-1-m 9449/PUD 9447/HDP 944?/DA 94-01 - CARLSBAD RANcH/LEGoLAND SPECIFIC PIAN AMENDMENT
DECEh4BER 6,1995 GE 5
rules, ngtd~tions and requirements in effect on the effective date of the
Development Agreement.
Cancellation of a Land Consematloo Contract (Williamson Act)
Actions also required for the project but which are subject to City Council approval only
include: (1) an amendment to the Land Conservation Contract to make it consistent with existbg government code requirements, (2) cancellation of a Land Conservation (Williamson Act) Contract on portions of the property, and (3) an amendment to the agricultural
preserve boundaries. The proposed project includes a request for cancellation of the
Williamson Act Land Comemation Contract on approximately 182.49 acres of the total 328.84 acres under contract. The Carlsbad Ranch Specific Plan contains an exhibit showing
the areas proposed for contract cancellation. The boundaries of the agricultural preserve
will be revised to cover only the acres remaining under contract. The approvals necessary
for the project have been conditioned to require the approval of the contract cancellation.
General Plan, Zoning & Existing Land Use For Adjacent Properties
The existing general plan and zoning designations for the site were listed under preceding
items 2 and 4. The following table lists the General Plan, Zoning, and existing land use for the adjacent properties:
Slte Description
The project site is amposed of gently rolling topography and contains three north-south
trending ridges. Almost all of the site has been disturbed by agricultural operations.
Cultivation still occurs on areas of the site. Environmentally constrained areas of the site
consist of approximately 12 acres of steep slopes exceeding 25% in the northeast and
southeast corners of the property. The steep slopes in the northeastern portionof the site
adjacent to Macario Canyon contain coastal sage scrub and mixed chaparral.
The elevations of the project site range from 260 feet above mean sea level at the eastern
boundary of the site to 60 feet above mean sea level along Paseo Del Norte south of Car
country Drive.
-
I
EIR 94-01/GPA 9* --A 9o-o8o/tc 9-P 207(A)/SP 14(G)/ LFMP 87-13(Bw 9449/PUD 9W/HDP M/DA 94-01 - CARLSBAD WCHLEGOIAIUD SPECIFIC PLAN AMENDMENT DECEMBER 6.1995
The Carlsbad Ranch Specific Plan (SP 207) was originally approved by the City Council on
March 16, 1993. A number of discretionary actions were approved concurrently with the
Specific Plan including a General Plan Amendment, Local coastal Plan Amendment, Zone
Change, Tentative Map, Hillside Development Permit, Land Conservation Contract
Amendment, and a Local Facilities Management Plan Amendment for Zone 13. A Program Environmental Impact Report (EIR 91-03) was prepared for the project and certified by the
City Council on March 16, 1993. The approved Specific Plan allows for development on
approximately 92.6 acres of the 423.5 acre planning area. The remaining 330.9 acres is
restricted to agricultural uses until an amendment to the Specific Plan is approved. The
section of this report addressing the Carlsbad Ranch Specific Plan Amendment will include a comparison of development potential between the approved plan and the proposed
amendment.
Three of the four units of the approved tentative map have been followed through to
recordation of final maps. The Gemological Institute of America (GIA) received Planning
Commission approval of a Site Development Plan on December 7,1994 under the approved
specific plan. Grading has occurred to implement the recorded final map for units 1 and
2. The GIA facility is presently under construction.
This proposed project is subject to the following plans, ordinances, standards and policies:
A.
B.
C.
D.
E.
F.
G.
H.
1.
Environmental Protection Procedures (Title 19) and the California
Environmental Quality Act (CEQA).
General Plan
Agua Hedionda and Mello Il Segnents of the Lncal Coastal Program
Carlsbad Municipal Code, Title 21, Chapter 21.52, Zoning Amendments
carlsbad Ranch specific Plan (SP 207)
SDG~E &&a Power Plant specific plan (SP 144)
Grawth Management Ordinance (Local Facilities Management Plan Zones 5
and 13)
Subdivision Ordinance (Title 20 of the Carlsbad Municipal Code)
Non-residential Planned Development Ordinance (Chapter 21.47 of the
zoning ordinance)
EIR 9401/GPA %dXPA 90-08@)/zC 9-P 207(A)/SP lSS(G)/ LFMP 87-13(B)/CT 94-O9/PUD W/HDP 9WDA 94-01 -
CARLSBAD RANCH/LEGOLAND SPECIFIC PLAN AMENDMENT DECEMBER 6.1995
J. mdg Development Ordinance (Chapter 21.95 of the Zoning Ordinance)
K. Development Agreement Ordinance (Chapter 21.70 of the Zoning Ordinance)
Iv. ANALYSIS
The recommendation of approval for this project was developed by analyzing the project's
consistency with the applicable policies and regulations listed above. The following analysis
section discusses compliance with each of these regulatiodpolicies utilizing both text and
tables.
A. ENVIRONMENTAL PROTECTION PROCEDURES (TlTLE 19) AND THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT
A Program Environmental Impact Report (EIR) was prepared for the project in compliance
with the Environmental Protection Procedures (Title 19) of the Carlsbad Municipal Code and the California Environmental Quality Act (CEQA). The EIR addresses the
environmental impacts associated with all discretionary applications for the proposed project including ultimate buildout of the entire project. In addition to the sections required by
CEQA the EIR analyzed the following areas of potential environmental impact:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
Agricultural Resources Air Quality Archaeological and Paleontological Resources Biological Resources Traffic/Circulation Hazardous Waste/Pesticide Residue
Land Use Compatibility
Noise
Public &Mas and Utilities
Solid Waste Visual AesthetiWGrading
Water Quality
The conclusion reached on the 12 areas of potential environmental impact fell into one of three different categories. The three categories are (1) unavoidable significant
environmental impacts, (2) significant environmental impacts that can be avoided or
mitigated, and (3) impacts considered in the EIR but found to be less than significant.
Unavoidable Sinnificant Environmental Impactg
Based on the data and conclusions of the EIR it has been found that the project will result in signi6cant cumulative impacts to air quality, agriculture, and td6c which cannot be fully
mitigated. These cumulative impacts are regional in nature and occur in areas outside the
EIR Wl/GPA ~~-uN.CPA 9oa8(B)/ZC 9WP 207(A)/SP 14(G)/
LFMP 87-13(B)/CI' 9449/PUD 9447RfDP W/DA 94-01 - CARLSBAD RA"/LEGoLAND SPECIFIC PIAN AMENDMENT DECEMBER6 1995- -- jurisdiction of the City. Cumulative unavoidable traffic impacts occur on certain segments
of SR-78 and 1-5.
Sienificant Environmental Imp acts ll~ atCanBeA voided or Mitigated
Mitigation measures are proposed for the following environmental impact areas to mitigate
significant environmental impacts: (1) Air Quality, (2) Archaeological and Paleontological
Resources, (3) Biological Resources, (4) Traffic Circulation, (5) Hazardous WastePesticide
Residue, (6) Land Use Compatibility, (7) Noise, (8) Public SeMces and Utilities, (9) Solid
Waste, and (10) Visual AesthetiWGrading. The mitigation measures are contained in the
EIR as well as the Mitigation Monitoring and Reporting Program attached to the EIR
Resolution.
ImDacts Found To Be Less Than Significant
The following environmental impact areas were analyzed in the EIR but found to have impacts which are less than significant: (1) Agricultural Resources at the project level, (2)
Public SeMces and Utilities - Fire Protection SeMces, Sewer and Wastewater Treatment
Facilities, Schools, Gas and Electric, and Effect on City Emergency Response Plans, and (3)
Water Quality.
In order to approve the project, a Statement of Overriding Considerations must be adopted
pursuant to Sections 15093 and l5126@) of the CEQA Guidelines. A Statement of Overriding Considerations has been prepared and is attached to the Planning Commission Resolution for the EIR. Staff is requesting that the Planning Commission recommend that
the City Council CertiQ the EIR and adopt the proposed CEQA Findings and Statement
of Overriding Considerations.
B. GENERALPLAN
Development of the land uses proposed in the Carlsbad Ranch/LEGoLAND Specific Plan
Amendment requires approval of a General Plan Amendment. The proposed amendment
consists of changing designations on the land use map as indicated on the exhibits attached
to the A- Chmkiog Resolution for General Plan Amendment 94-03, as well as an
amendment to the circulation element to replace Hidden Valley Road with Armada Drive. Because the amendments to the land use map include an adjustment to the boundaries of
the official open space and consetvation map additional findings are required and-have been
made in the General Plan Amendment Resolution.
The three major General Plan issue areas identified for this project are in regard to land use compatibility, circulation impacts and improvements, and agricultural land conversion.
The proposed nonresidential land uses are appropriate for the site given the property's
location relative to Palomar Airport, Interstate 5 and adjacent Circulation Element roads. The proposed land uses will ultimately allow development which will impact the circulation
EIR 94-01KiPA W/T-CPA 90.08(B)/Zc WP #YI(A)ISP 144(G)/ LFMP 87-1-p WPUD 9447/HDP 94M/DA 94-01 -
CARISBAD RA"/LEGoLAND SPECIFIC PLANAMEMlMENT DECEMBER 6,lM -- system and require the construction of roads in the vicinity of the project identified on the
Circulation Element. The other actions associated with the project detail the required
circulation improvements which are necessary, their cost, and the timing for completion.
The replacement of Hidden Valley Road nortb of Palomar Airport Road with Armada Drive and LEG0 Drive is environmentally superior. Hidden Valley Road will still be
constructed to provide secondary access to the Veterans Memorial Park property and the
Resort and LEGOLAND Planning areas. The conversion of agricultural land for the project
is supported by goals and policies listed in the General Plan which identify the flower field area for preservation with conversion occurring on lands which are not as productive or
visible from major public viewpoints.
The proposed designations will allow for a mix of non-residential land uses which are
compatible with each other as well as General Plan designations on adjacent properties. The
table included in the project description section of this report lists the General Plan Land
Use Designation on adjacent properties. The proposed land uses are appropriate for the site
given the location of the property near the geographic center of the city with access from a Prime and Major Arterial to Interstate 5. Table 5-17 in the Carlsbad Ranch Specific Plan Amendment Program EIR 94-01, prepared by Cotton/Beland/Associates, compares the
relationship of the proposed project to General Plan Goals, Objectives, and Policies. Table
5-17 and the findings contained in the Planning Commission Resolution for GPA 94-03
demonstrate that the proposed land use designations and the project are consistent with the
General Plan.
C. AGUA HEDIONDA & MELLO I1 SEGMENTS OF THE LOCAL COASTAL
PROGRAM
Amendments are proposed to the Local Coastal Program (LCP) to allow for development
of the project and establish consistency with the General Plan, zoning, and Carlsbad
Ranch/LEGOLAND Specific Plan Amendment. The majority of the project is within the
Mello I1 Segment with the exception of the acreage nortb of Cannon Road which is within the Agua Hedionda Segment. Suggested modifications approved by the California Coastal
commission as part of Local Coastal Program Amendment 90-08 arc recommended for
acceptance. This will assist the City in obtaining effective certification within the Mello II
Segment. 'zhir Local Coastal Program Amendment subsequently modifies many of the suggested modifications.
- a Hedionda Semeqt
The amendment to the Agua Hedionda Segment includes a revision to Policy 2-2 (Agridturc) to permit a 24.2 am area adjacent to and north of Cannon Road to be
utilized as part of a proposed golf course and allowing for it to be zoned as Open Space (0-
S) rather than Exclusive Agriculture (E-A). In addition a zone change from Public Utility
(P-U) to Open Space (OS) is proposed on this 24.2 acre area.
.? -
EIR 9401/GPA 94 J~/LCPA 9(M8(B)/ZC 94-WSP 207(A)/SP 144(G)/ LFMP 87-13(B)/CI' 9449/PUD WmP W/DA 9601 -
CARISBAD RANCH/LEGOLANR SPECIFIC PLAN AMENDMENT DECEMBER 6,1995 - Mello I1 See
Proposed amendments to the Mello XI Segment include revisions to Policy 2-1 (Conservation of Agricultural Lands) to: (1) Apply Policy 2-1 to the area of the Carlsbad Ranch within the
agricultural preserve with the exception of the approximately 53.42 acres to be retained for
agricultural use and (2) 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. This amendment
provides the process to allow development of lands previously under Williamson Act Agricultural Contract provided compliance with the agricultural conversion mitigation
requirements applied to other properties in the Mello Il Segment is achieved. The Coastal
Commission established precedent for this approach when they applied Policy 2-1 to the 24.5
acre golf driving range approved in the existing specific plan. Policy 2-2 is applicable to the
Carlsbad Ranch property only and allowed a limited amount of development which was not
subject to the conservation of agricultural lands Policy 2-1.
Also proposed are amendments to Policy 2-2 (Carlsbad Ranch Specific Plan "Mixed-Use" Development) to: (1) Provide that development of land within the agricultural preserve will
be subject to approval of a Local coastal Program Amendment, Specific Plan Amendment
and compliance with Policy 2-1 and (2) Reducing the structure setback from 50 feet to a minimum of 25 feet from the adjacent agricultural area. Revision number 1 to this policy serves to tie the requirements of Policy 2-1 to the areas of the Carlsbad Ranch not allowed
to develop under the Carlsbad Ranch "Mixed-Use" Development policy. The second revision to this policy that deals with reducing the structure setback from the agricultural
area to 25 feet is supported by analysis conducted by Soil and Plant Laboratory, Inc.
The structural setback from the agricultural area is proposed to provide a buffer to mitigate
(1) the impact of dust and other air borne materials on developed areas and the associated conflicts between agricultural and urban development, (2) the risk of uninvited human intrusion into the agricultural area, and (3) where relevant the impacts of light and shadow
on agriculture. It has been concluded that each of these functions is fulfilled by the
proposed use of walls, berming with landscaping, and a 25 foot development setback. The
development areas adjacent to the agricultural area are limited as roadways will create the majority of the perimeter for the Flower Fields. The soil texture on the flower field site is
low in silt and clay content and, therefore, low in potential for dust generation, particularly if soil is moist during operations. The agricultural operation will also utilize a service road
along its perimeter of between IS and 20 bet providing additional separation. Prevailing
air movement is from wesf to east but is normally gentle.
The amendments to the implementation plan consist of tcvisiolls to the Coastal Agricultural Overlay to apply the overlay to the Carlsbad Ranch property within the agricultural
preserve, with the exception of the approximately 53.42 acres which are to be retained for
agricultural use.
EIR 94-01/GPA 94-u3/LCF'A 90-08@)/ZC 94-oz/sP 207(A)/SP 144(G)/ LFMP 87-13(B)/CI' 9449/PUD 944'7/?€DP 9447/DA 9401 -
CARLSEAD RANCH/LEGOLAND SPECIFIC PLANAMENDh4ENT DECEMBER 6.1995
PAGE 11 -- Amendments to the Mello 11 Land Use Plan Map to revise land use designations to be consistent with the proposed General Plan land uses are proposed. The amendments are shown graphically on the exhibits attached to the Planning Commission Resolution for the
Local Coastal Program Amendment. Zone changes to achieve consistency with the
proposed Land Use Plan designations are proposed.
The Carlsbad Ranch Specific Plan which is the implementation plan for this area of the
Mello I1 Segment of the LCP is proposed to be revised to accommodate the land use
changes. Considering the above, the proposed project is consistent with the applicable
policies of the appropriate Local Coastal Program Segments, as amended.
D. CARLSBAD MUNICIPAL CODE, TITLE 21, C"ER 2152, ZONING
AMENDMENTS
The applicant is requesting approval of a zone change as described in the project description
and background section of this report. The zone change is necessary to achieve consistency
with the proposed General Plan, Locai Coastal Program, and Specific Plan Amendment
designations. The nonresidential uses allowed by the proposed zone change are compatible
with surrounding existing and proposed agricultural and nonresidential uses. me Q-Overlay Zone made a part of the proposed zone change, provides the City with discretionary review
Over development of the site to assure that allowed uses are compatible with surrounding
land uses and conform to the requirements of the Carlsbad Ranch Specific Plan
Amendment. This supports the specific plan requirement that a Site Development Plan be
approved for each parcel by alerting persons checking the zoning map that such an application is required.
The Carlsbad Ranch Specific Plan Amendment takes precedence over the proposed zones
as it contains a modified list of permitted uses as well as design guidelines not found in the zoning ordinance. The proposed zone change is consistent with the goals and policies of the
various elements of the General Plan, in that rezoning the site to the proposed designations
will:
a. preserve the flower field area east of 1-5 to the first ridgeline between Cannon
Road and Palomar Airport Road as well as preserve additional Open space as
part of a larger open space system consistent with Policy C.4 (Agricultural Policies)*of the Land Use Element and Goal A1 of the Open Space and
Conservation Element;
provide for the development of a variety of land uses which have been
carefully planned to maximize the best use of the site, and contribute to the
economic viability of the city in compliance with Goal A3 of the Land Use
Element;
b.
EIR 94-01/GPA 9b3WA ~)/ZC 94-WSP #YI(A)/SP 14ryG)/ LFMP 87-13(B)/a 94-09PtJD 9447/HDP 9607/DA 94-01 -
CARLSBAD RANCH/LEGOLAND SPECIFIC PLAN AMENDMENT DECEMBER 6.1995
PAGE 12 -- c. permit the development of remationd and tourist oriented land uses which
serve visitors, employees of the industrial and business centers as well as
residents of the city in conformance with Goal A4 (Commercial Goals) of the
Land Use Element.
E. CARLSBAD RANCH SPECIFIC PLAN
Government Code Section 6545 1 governs the content of specific plans. The Carlsbad Ranch
Specific Plan Amendment contains all information required by state law. The plan consists
of both a text and diagrams which specijl the following in detail: (1) distribution and
location of land uses, (2) infrastructure, (3) development standards, (4) implementation measures including financing measures, and (5) a statement of the relationship of the
specific plan to the general plan.
The amended specific plan is intended to replace the Carlsbad Ranch Specific Plan
approved in 1993. The amendment proposes retaining several of the uses and features of the original plan with the addition of development of primarily tourist oriented land uses
in areas presently limited to agricultural uses. The original specific plan proposed
development only in those areas not subject to a Williamson Act Land Conservation
Contract. The original specific plan acknowledged on page 16 that, "Given the nature and
restrictions of the Land Conservation Contract, planning for the area within the Agricultural
Preserve is premature at this time. However, future development within the Agricultural
Preserve has been anticipated and planned for by the Zone 13 Local Facilities Management Plan (LFMP)." The amendment also proposes increasing the land area of the original specific plan by 23.89 acres.
The amended specific plan proposes the creation of nine planning areas. Development
standards and design guidelines are specified for each planning area. The proposed
planning areas are as follows:
1.
2.
3.
4.
5.
6.
7.
8.
9.
PI PI PI PI PI PI PI
PI PI
ng Area 1 - Gemological Institute of America
sg Area 2 - Research and Development mg Area 3 - HoteURetail
Ing Area 4 - EGOLAND Carlsbad ng Area 5 - Resort
ng Area 6 - Speciality Retail
ng Area 7 - Flower Fields ng Area 8 - Golf Coune ng Area 9 - Natural Open Space
The development standards and design guidelines provided in the specific plan amendment
are adequate to properly develop the property. The standards and design guidelines will be
implemented when the required site development plans for each parcel are submitted. The
proposed standards address typical zoning issues such as permitted uses, setbacks, building
1
EIR 9441/GPA 5 3/LCPA 90-08(B)/ZC 9co2(sP 207(A)/SP *+4(G)/ LFMP 87-13(B)/cT W/PUD 9447/HDP M/DA 94-01 -
CARLSBAD RA"/LEGoLAND SPECIFIC PIAN AMENDMENT DECEMBER 6,1995
PAGE 13
height, parking raqSrements, etc. "he design guidelines in contrast address character and
urban design issues relative to the proposed development program such as building
orientation, building form and massing, architectural character, building materials, and
landscape materials.
Total Plan Square Footage
Total Sq. Ft of Institutional Usu (GIA)
The following tables compare the development acreage and building square footage by use
type of the approved specific plan with the proposed amendment. A comparison of the traffic generation of the approved specific plan with the proposed amendment is contained in the Growth Management section of this staff report.
1,880,oOO Sq. Ft.*
330,000 Sq. Ft
2,934,830 !Sq. Ft.
550,OOO Sq. Ft.
COMPARISON OF THE ACREAGE BY USE TYPE OF THE APPROVED CARLSBAD
RANCH SPECIFIC PLAN (SP 207) TO THE PROPOSED AMENDMENT (SP 207(A))
SP 207 SP W(A)
(PLAN APPROVED IN 1993) (PROPOSED AMENDMENT)
Total Acreage of proisct 423.5 Acres' 447.40 Acres'
Total Acreage d 17.8 Aaes 28.93 Acres
Institutional Uscs (GIA)
Total Acreage of OfficclRBrD 44.4 Acres 40.01 Acres
uses
Total Acreage of Retail User 13.6 Acres 27.75 Acres
Community Hotel 11.1 Acres 9.38 Acres
Resort I 0.0 Acres I 52.80 Acres
Golf 245 Acres (Driving Range) I
Flower meld8 I 39.1 Aaes I 53.42 Aaes
267.3 Acres 10.00 Acres
open sprrs
Acreages do not equal tom sh own as public road acreage is not included.
COMPARISON OF THE BUILDING SQUARE FCXYI'AGE BY USE TYPE -
Total Sq. Ft of OfReslRbD User I 1,120,000 Sq. Ft. I 800,oOO Sq. Ft. I
EIR M1/GfA 94 90-08(B)/Zc 94M/sP 207(A)/SP ~t.r(G)/ LFMP 87-13(B)/CT 94-09/PUD W/HDP 9WDA 94-01 -
CARLSBAD RANc"D SPEclFICPIANAMENDMENT DECEMBER 6,lM
Total Sq. Ft of Resort
LEGOLAND
- Total Sq. P't d RcQll Usea 1 220,000 Sq. Ft. I 320,000 !3q. Ft. 1
0 Sq. Ft.
0 Scl. Ft.
647,000 Sq. Ft.
(700 Rooms)
425,750 Sa. Ft.
Total Sq. Ft of Community Hotd 192,osO Sq. Ft. 1 210,000 Sq. Ft.
(280 Rooms)
I J I 1 e approved ZO ne 13 Local k aclLities Management Plan anticipated future
development on the Carlsbad Ranch Property for facilities planning purposes. A total of 2,766,100 square feet of development was projected for the Carlsbad Ranch.
If approved the Carlsbad Ranch Specific Plan Amendment will become the controlling
document for the site. It implements the General Plan, Zoning, applicable policies
governing the site, and complies with LCP requirements for the property requiring the
development of a specific plan. The plan provides a comprehensive program for development of the Carlsbad Ranch property.
F. SDG&E ENCINA POWER PLANT SPECIFIC PLAN (SP 144)
The proposed amendment to the SDG&E Encina Specific Plan is to modify the boundaries
of the plan area to remove approximately 24.2 acres from the specific plan. The Encina
Specific Plan applies to the SDG&E power plant on the west side of Interstate 5 as well as property north of Cannon Road on the east side of the freeway. The area involved in the
boundaly change is north of Cannon Road, east of Interstate 5 and south of the existing
utility corridor. The Encina Specific Plan consists of an approving ordinance and a land use
map. The area involved is not a part of the Hub Park Lease area. The 24.2 acre area is
proposed to be utilized as part of the golf course development planned on the Carlsbad
Ranch Property as well as to provide access to the Resort Planning Area. It provides a
connection between Golf Course Planning Areas 8 a and 8 b. Connections to this area will
be made by constructing either Over or under crossings at Cannon Road. No further
amendments are proposed to be made to the Encina Specific Plan. The General Plan
designation for thc property is Open Space and the zoning designation is Public Utility. The
zone change proposal for the project will change the zoning on this 24.2 am area to Open Space. Approval of a conditional use permit wiU then be needed to proceed with
development of the golf course use.
C. LOCAL FACILITIES MANAGEMENT PLAN AMENDMENT (ZONE 13 AND 5)
An amendment is proposed to the Zone 13 Local Facilities Management Plan (LFMP) to
reflect the proposed changes in land use and to adjust the boundary of the facilities zone
to remove 20.66 ams from Zone 5 and place it within Zone 13. The amended zone plan
is consistent with the maximum build out possible under the Carlsbad Ranch Spedic Plan
EIR 94-O1/GPA 5% J~LCPA 9o/zc 9-P m(A)/SP l44(G)/ LFMP 87-13(B)/CI' 9409/PUD 9407MDP 9407/DA 94-01 - C'ARLSBAD RAIWHLEGOLAND SPECIFIC PIAN AMENDMENT DECEMBER 6,1995
APPROVED
ZONE13LFMP
Amendment. Ash& the existing buildout projections the proposed buildout is less than
what would be permitted utilizing a 30 percent yield for the General Plan Land Use
Designations. This is done so that development of the site can be adequately
accommodated by future circulation facilities. The impacts of the proposed project and compliance with the adopted performance standards are summarized below:
ZONE13LFMP
I
City Administration NIA Yes
Library NIA Yes
Waste Water Treatment 1,341.2 EDU Yes
Parks $.4o/sq. ft. Yes
Drainage Agua Hedionda Yes
STANDARD IMPACTS COMPLIANCE WBTANDARDS
I
and Canyon de las
sheds
I Encinas Water-
Circulation 49,582 ADT Yes
Fire Station R4 Yes
Open Space 119.03 Acres YeS
Schools N/A Yes
Sewer Collection System 1,341.2 EDU Yes
Water 716.035 GPD Yes
TOTAL ADT (Average Daily Trips)
A.M. PEAK HOUR TOTAL ADT
P.M. PEAK HOUR TOTAL ADT
As indicated the primary issue in regard to the facilities plan for zone 13 is traffic
generation. The following table compares the traffic generation of the approved Local
Facilities Management Plan for Zone 13 with the proposed amendment:
TRAFFIC GENERATION COMPARISON OF ZONE PLANS*
51,455 49,582 -1,873
5,516 3,070 -sm
6289 5.119 -1,170
* AM' for the SDGBrE property is not included in this comparison as the numbers €or
that property remain the same in both facilities plans.
-
EIR 9401EPA. j3-A 9(M8(B)/ZC 94M/sP 207(A)/Sk .+4(G)/ LFMP 87-13(B)/CI' W/PUD 9447/HDP 94-07/DA 94-01 -
CARLSBAD RANc"D SPECIFIC PLAN AMENDMENT
DECEMBER 6,lM
The approved he73 LFMP assumed development in the agricultural area for facilities
planning purpobles. Therefore, the total amount of development analyzed is greater than
what was permitted under the original Carlsbad Ranch Specific Plan approved in 1993. As
is evident from the comparison of traffic generation the proposed project will result in a
reduction of traffic generation from what was previously planned for. The amended Zone
13 LFMP is intended to replace in its entirety the previously approved zone plan. All
growth management performance standards will be complied with.
H. SUBDMSION ORDINANCE (TlTLE 20 OF THE CARLSBAD MUNICIPAL
CODE)
The Carlsbad Municipal Code requires a tentative tract map to be filed in accordance with Title 20 for the division of property into five or more lots. The applicant is requesting
approval of a Master Tentative Map for the area covered by the Carlsbad Ranch Specific
Plan Amendment. A total of 19 lots are proposed on 406.7 acres. The total acreage in the
tentative map is less than the acreage of the specific plan as four parcels created under the
previous map approved for the site have recorded and are not a part of the proposed
subdivision. Those parcels are labeled as existing, not a part, on the key map found on page
1 of the tentative map. The proposed tentative map is not a Revised Tentative map under
Title 20 but rather is a new replacement tentative map for the majority of the area cavered
by the prior tentative map. The tentative map proposes separating the map into three units
for the purpose of 6ual map recordation.
Tentative Map 94-09 would create 19 lots that include, 14 lots for future development, 4
open space lots, and 1 private street lot. The 14 development lots range in size from 3.38
acres to 128.32 acres. The four open space lots total 135.49 acres and include 2 golf course lots, the flower field lot, and a lot to be presewed as native open space. As designed and conditioned the tentative tract map complies with all city requirements, including the
Subdivision Ordinance, and the State Map Act. The lots proposed to remain under
Williamson Act Contract also comply witb the minimum lot area requirement of 10 acres
in the agricultural preserve. The project as conditioned would provide all necessary
improvements and aU iindings required by Title 20 can be made and are contained in the
Planning Commission Resolution for CI' 94-09. The project is therefore consistent with
Title 20, the Subdivision Ordinance.
I. NON-RESIDENTIAL PLANNED DEVELOPMENTORDINANCE (C"ER21.47
OF THE ZONING ORDINANCE)
The applicant is requesting approval of a non-residential planned development permit to
allow for Street "D" (Lot 13 of CT 94-09) within Planning Area 2 (Research and DevelopmenVOffice) to be a private street with special design features. Planning Area 2
of the Carlsbad Ranch Specific Plan is located between Armada Drive on the west and
LEG0 Drive on the east. The proposed private street is located entirely within Planning
Area 2 and intersects Armada Drive at the north end and at the south end of the planning
EIR 9401/GPA 9443UPA 9oo8o/zc 9602/SP #n(A)/SP 144(G)/ LFMP 87-1-m 9409/PuD 94O7/HDP W/DA 94-01 -
CUBAD RANCHLEGOLAND SPECIFIC PLAN AMENDMENT DECEMBER 6,1995. -- area. Since LEG0 Drive is the main acass to LEGOLAND, access to the lots within the
eastern portion of Planning Area 2 is not permitted from LEG0 Drive. The private street
will provide the necessaly access to the lots on the east side of Planning Area 2. This will reduce the possible traffic conflicts with vehicles entering LEGOLAND.
The street sections contained on sheet 2 of Master Tentative Map 94-09 and the Carlsbad Ranch Specific Plan depict the street cross section for Street "D". A 40 foot curb to curb
width is proposed which will allow parking only on the east side of the street. A meandering
sidewalk is proposed on the east side of the street. This is based on the fact that lots on the
west side of the street front on Armada Drive which contains a public sidewalk providing
pedestrian access to the promenade on the west side of the road. A twenty foot building and landscape setback measured from the face of curb for Street "D" is proposed. This setback is in comparison to the 30 foot building and landscape setback from Armada Drive
and the 35 foot building and landscape setback from the eastern lot line of lots adjacent to
LEG0 Drive. The proposed setbacks in combination with the proposed private street provide for the greatest building separation in areas where a different land use is proposed or where seen from primary access ways.
J. HILLSIDE DEVELOPMENT ORDINANCE (CHAPTER 2195 OF THE ZONING
ORDINANCE)
A Hillside Development Permit is required for the project as the property contains slopes
of 15 percent or more and has an elevation differential greater than 15 feet. The purpose
of this permit is to review the project for conformance with the Hillside Development Ordinance. The development proposal is in conformance with the overall intent, purpose
and requirements of the Hillside Development Ordinance. The project does not propose
alteration of significant hillside natural resource areas. Recontouring several previously
graded areas of the site is proposed to establish a more naturally appearing hillside along
Palomar Airport Road. Manufactured 2 to 1 cut and fill slopes will not exceed 30 feet in
height and all will be visually screened with landscaping. The project's grading volume of
6,118 cubic yards per graded acre is defined as "acceptable" pursuant to Zoning Ordinance
Section 21.95.060 (i)(3).
The project's Wck slope mnditions and undevelopable mas have been identified on the
constraints map. Natural slopes over 40 percent in grade containing native vegetation will remain undisturbed. The manufactured and isolated slopes to be graded are being
recommended for exclusion from the requirements of the Hillside Development Ordinance
as provided in Section 21.95.090.
K. DEVELOPMENT AGREEMENT ORDINANCE (CHAITER21.700FTHE ZONING
ORDINANCE)
A Development Agreement is being requested for the LEG0 portion of the Carlsbad Ranch
Specific Plan (Parcel 18). None of the other portions of the Ranch project are proposed
- h
EIR 94Ol/GPA 94 A/LCPA 9o/zc 94-wsp #)7(A)/SP 14(G)/ LFMP 87-13(B)/CT W/PUD 9447/HDP W/DA 9441 -
-BAD RANCH/LEGQJAND SPECXFIC PIAN AMENDMENT DECEMBER 6,1995
PAGE 18
to be mred vth% Agreement. The Development Agreement would give LEGO the
'tested" right to develop their portion of the project in accordance with the Amended
Specific Plan, the related approvals and the conditions imposed on the approvals in return for certain commitments being made to the City as discussed later in this portion of the staff
report. Normally, rights for a project vest when a building permit is issued and substantial
expenditures are made in reliance on the permit. With a Development Agreement, however, rights to develop the project for the length (term) of the agreement are vested when the project approvals are given. A Development Agreement is a contract that binds
both the City and the developer, setting forth the applicable terms and conditions under
which the project may proceed. So long as the developer is not in default, the City may not
change the City's land use rules applicable to the project (except as provided in the
Development Agreement). In return, the developer is obligated to perform its obligations
as set forth in the agreement.
This is the first Development Agreement considered by the City other than ones for
affordable housing projects. The Development Agreement Ordinance (Chapter 21.70 of the Carlsbad Municipal Code) was recently amended by the City Council based on a
recommendation from the Planning Commission to allow for consideration of this type of
agreement. Prior to that time, the City's ordinance only allowed for consideration of Development Agreements in conjunction with affordable housing projects. The amendment
to the Ordinance was processed as a result of strategies considered by the City Council
regarding Economic Development and the fact that state law mandates the City to have
procedures and requirements for Development Agreements in place when one is requested
by an applicant for any type of project. Subsequent to the adoption of the amended
Ordinance, the City Council also adopted a policy (Policy No. 56) which provides additional
guidance to the City in negotiating a Development Agreement. The Planning Commission
has previously been provided with a of both the amended Development Agreement
Ordinance and City Council Policy No. 56.
The proposed Development Agreement was drafted and negotiated by a staff review
committee Consisting of the City Manager, City Attorney, Financial Management Director,
Community Development Director and the Planning Director. A legal consultant/attorney
was also utiliztd by stafL In addition, a two-member subcommittee of the City Council provided somc policy input into the negotiations.
Attachment Number 20 to the staff report is a more detailed summary of the provisions of
the proposed Development Agreement, however, the major features or elements of the
Agreement are highlighted and summarized below.
1. The Agreement requires LEGO Park Manning Inc. PPI) to open
LEGOLAND within 5 years. LPPI can request 2 one-year extensions to the required opening date upon the payment of an extension fee of S450,ooO per year. (Section 4.2.1)
EIR W1K;PA 94vJILcpA 9@08@)/ZC 9- 207(A)/SP 144(G)/ LFMP 87-1-m 9449/PUD 9407/HDP W/DA 94-01 - CARISBAD RANC€i/LEGOUND SPECIFIC PLAN AMENDh4ENT DECEMBER 6.1995.
2. If Hdecides not to open LEGOLAND, it is required to make a "donation"
to the City in the amount of SSOO,ooO to cover City expenses for processing
the project. (Section 3.1.4.10)
3. The land use approvals for the LEG0 Project are vested during the time
required for the opening of the Park and additionally, the Agreement provides
for vesting of the approvals for 5 years of operation after the Park is opened.
Although LPPI has indicated its intention to open LEGOLAND by the end
of 1999, the Agreement gives them 5 years to Open after the Agreement is
approved which would allow them until approximately January 2001. They also could request the 2 one-year extensions upon the payment of the extension fee. Therefore, since! the agreement would be in effect for 5 years after opening, the total term of the Agreement would be for approximately
9 years to a maximum of 12 years. (Section 4.2.2)
4. During the term of the Agreement, LPPI has the right to develop and use
Parcel 18 in accordance with the land uses, densities and intensities, the
zoning, and the development standards, conditions and improvement
requirements specified in the Specific Plan, the other Project Approvals and
the Applicable Rules (collectively, Vested Rules"). The Vested Rules shall
include the standards and requirements for public facilities, parking, open
space, setbacks, landscaping and signage set forth in the Specific Plan.
(Section 3.1.1)
5. LPPI is required to process a Site Development Plan for the actual site design
of the LEGOLAND Park and the City has the right to condition the plan as
long as those conditions are not inconsistent with the Specific Plan, the other previous approvals and the Vested Rules. Subject to certain exemptions such
as an emergency or state or federal preemption, the City cannot apply any
new or amended ordinances, resolutions, rules, regulations, requirements or
policies that are inconsistent with the Vested Rules, so as to prevent or materially, adversely affect development, construction or operation of Parcel
18 in accordance with the Vested Rules. (Section 3.1.2)
6. Development Impact fees are not vested by the Agreement. The fees paid for
the development of LEGOLAND shall be those in effect at the time the fees are normally charged. Increased or new fees are permitted as long as they art
not applied only to LEGOLAND in a discriminatov manner and no other project or use in the City. (Section 3.3)
7. The agreement requires ongoing compliance with the Gnrwth Management
Plan. During the 5 year term of the Development Agreement after LEGOLAND is open and operating, the Agreement requires and LPPI has agreed to be subject to full compliance with the Growth Management Plan.
EIR 9dol/GPA %,/LCPA 90.OSo/ZC 9402/SP 207(A)/SP lW(G)/
LFMP 87-13(Bm W/PUD 944'7/HDP W/DA 94-01 - CARISBAD RA"/LEGoLAM) SPECIFIC PLAN AMENDMENT DECEMBER 6,1995
Shoad-there be any unforeseen Growth Management problems, UP1 will pay its fair share to resolve the problems. (Section 3.1.2.12)
8. Should the annual 'attendance at LEGOLAND exceed the 2.2 million
projection during the term of the Development Agreement, the Agreement
requires and LPPI has agreed to pay a "Quality of Life Fee" on each
admission exceeding 2.2 million annual admissions (attendance). There is an accumulated cap on the fee of $3 million. The fee would be used on programs that enhance the quality of life in Carlsbad and which are consistent
with the values of LEG0 and the City. (Section 3.1.4.8)
9. The Development Agreement provides a description of what LEGOLAND
means, the park components that must be included and the operational conditions. (Section 3.1.4.7)
10. Any assignment of EGOLAND or Parcel 18 to another entity other than
one affiliated with and controlled by LPPI requires the approval of the City
Council. In any case, any entity owning the Park can only operate it as a
LEGOLAM). (Section 3.1.5)
11. If LEGOLAND ceases operations or does not complete construction, LPPI
is required to clear the land (Parcel 18) of all theme park-type structures and
facilities. (Section 3.1.4.9)
The proposed Development Agreement is required to be in compliance with Section 65864
et seq. of the California Government Code and Chapter 21.70 of the Carlsbad Municipal
Code. It must be reviewed for consistency with City council Policy No. 56. Staff believes that the proposed Development Agreement does conform with all the applicable state laws and City Ordinances and Policies. The City Attorney has reviewed the Agreement and has
determined as with all state and city ordinances proposed, it legally conforms.
The Development Agreement has been prepared and processed in compliance with State
Law and the City's Development Agreement Ordinance which provides the procedures and
standards for an agreement The Agreement implements and legally references the other project approvab being considered. It does not permit anything that is inconsistent or does
not conform to these other actions. It does not change or modify the zoning, General Plan
designations or Specific Plan regulations being considered under the other project actions.
It will not become effective unless the other project approvals are given. Therefore, it is
consistent with the General Plan, the zoning and the applicable Specific Plan for the
Property.
The proposed development (LEGOLAND) for which the Development Agreement is being
requested will require a substantial expenditure by the applicant in tern of time, design and
holding costs and risk between the time of entitlement and construction. The development
EIR 94-O1/GPA %WPA 908(B)/ZC 9402/SP 207(A)/SP 144(G)/ LFMP 87-1-m 9449/PUD W/HDP 9407/DA 94-01 - CARLSBAD RANCHUGOIAND SPECIFIC PLAN AMENDMENT DECEMBER 6,1995 PAGE 21 -- is a large, comprehensive one that will require significant time to design and construct. Major public facilities and infrastructure will be required in order to open the development. Therefore, a degree of certainty is needed so that if the project is approved, it can proceed
forward to construction and operation in accordance with existing rules and regulations and
project approvals. This is the primary reason why the applicant is requesting a Development
Agreement. It is also the reason why the state law was enacted enabling cities to enter into
this type of Agreement.
As stated previously, the Development Agreement contains a provision requiring compliance
with the Growth Management Plan. The applicant has agreed that if during the term of the Agreement there are any unforeseen Growth Management problems, they will be subject
to the same rules and regulations as any other property in the City and will do their fair share to resolve the problem. Therefore, approval of the Development Agreement is
entirely consistent with the City's Growth Management Plan.
Staff believes the proposed Development Agreement includes legally binding commitments
by the applicant to provide substantial public benefits over and above those which the
applicant would otherwise be obligated to provide as a normal condition of project approval.
These commitments include:
1. A legal requirement to construct and open LEGOLAND within dive years. Normally, a project approval expires within a specified period of time but the
City cannot require the project to be built.
2. If the applicant decides not to build the LEGOLAND project, they are
required to make a financial payment to the City. This cannot be required as a normal-type condition of approval.
3. If the construction of the project is not completed or the operations are ceased, the property must be cleared of all theme-type structures. Again, this
is not a normal condition of approval.
4. The applicant has agreed to make a payment to the City if annual attendance
e& 2.2 million during the term of the Development Agreement.
These conditions will % in effect for the term of the proposed Development Agreement. Without a Development Agreement or upon the expiration of the Agreement, these conditions would not be applicable to the project.
Staff believes that the project will result in substantial economic benefits to the City. The
Financial Management Director has prepared a fiscal impact analysis of the project
addressing the benefits. The project itself will generate revenues for the City. In addition, it will stimulate the development of other uses and parts of the Carlsbad Ranch project such
as the resort hotel which will generate substantial revenues for the City. It is highly unlikely
EIR 94oVGPA %&/LOA 90.08(B)/U: 9-P #YI(A)/SP l-G)/ LFMP 87-13(B)/CI' W/PUD 9447/HDP W/DA 94-01 - CAFUSW RANCHLEGOLAND SPECIFIC PLAN AMENDMENT DECEMBER 6,1995-
that a resort botcrGould develop at this time and at this location if it were not for the
proposal to have a LEGOLAND adjacent to it. Staff also believes that the project will
provide substantial public benefit to the community in terms of recreational, cultural and
social factors. A significant number of job opportunities will be created by the project.
For all these res1so11s, staff believes that a Development Agreement which provides more
certainty that the project will be built and which allows the applicant to proceed with the
project in accordance with existing policies, rules and regulations and project conditions is
justified.
V. ENVIRONMENTAL REVIEW
A Program Environmental Impact Report was prepared for the project as described
previously in this report. The Program EIR was prepared in accordance with the California
Environmental Quality Act (CEQA) of 1970; the Guidelines for the Implementation of the
California Environmental Quality Act (CEQA Guidelines) published by the Resources Agency of the State of California; and the City of Carlsbad Environmental Protection
Ordinance (Chapter 19.04 of the Carlsbad Municipal Code). Twelve environmental issue
areas were analyzed. Significant cumulative impacts to air quality, agriculture, and traffic
were identified. A statement of overriding considerations must be adopted to approve the
project and has been prepared.
ATTACHMENTS
1. 2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
Planning Commission Resolution No. 3844
Planning commission Resolution No. 3845 Planning Commission Resolution No. 3846
Planning Commission Resolution No. 3847
Planning commission Resolution No. 3848
Planning commission Resolution No. 3849
Planning Commission Resolution No. 3850 Planning chmmusl * 'on Resolution No. 3851 Planning comrmssl ' 'on Resolution No. 3852 Plannin# commrssr '09 Resolution No. 3853 Planningcomrmssl 'on Resolution No. 3854
Location Map
Background Data Sheet Local Facilities Impact Assessment Form
Disclosure Statements Full Size Exhibits "A" - "w", dated December 6,1995 (previously distributed; copy on file in the Planning Department)
DNkI
Nowmbcr 1,1995
h
EIR 9401/GPA 94-4LCPA 9oa8o/zC 94a3/sP 207(A)ISP l+G)/
LFMP 87-13(B)/CI' 94-09/PUD 9447/HDP 9447/DA 94-01 -
CXRLSBAD RANCH/LEGOLAND SPECIFIC PLAN AMENDMENT
GE 23 DECEMBER 6,1995.
17.
18.
19.
20.
Carlsbad Xf&Gh Specific Plan, dated October 1995
@rtViously distributed; copy on file in the Planning Department)
Zone 13 Local Facilities Management Plan, dated October 1995
(previously distributed; copy on file in the Planning Department) Carlsbad Ranch Specific Plan Amendment Final Program Environmental Impact
Report, dated November 1995
(previously distributed; copy on file in the Planning Department) LEG0 Development Agreement Summary.
DNLr
November 1.1995
- - LOCATION MAP
h BACKGROUND DATA SEI'
CASE NO: EIR 9441/GPA 94-03LCP A 90-081sVZC 94-02/SP 207(A)/SP 144(G)/LF'MP 87-
13(B)/CT 94-09/PuD W7/HDP 9447 DA 94-01
CASENAME:
APPLICANT: Carltas Commv
RLSBAD RANCH/LEGOLAND SPECIFIC PLAN AMENDMENT
c-
REQUEST AND LOCATION: Certification of a Proeram EIR. amroval of a Smcific Plan
Amendment and related actions on DroDertv located north of Palomar Airport Road. south of future the future Cannon Road extension (exceDt for an area of aDDroximatelv 24.2 acres located
on the north side of Cannon Road). east of Paseo Del Norte. and west of the boundary of Local
Facility Management Zones 5 and 8.
LEGAL DESCFUPTION: A Dortion of Lots "G" and "H of Rancho Apua Hedionda. in the City
of Carlsbad. County of San Diego. State of California. according to the ma^ thereof No. 823.
APN: 211-022-01.02.03.07.08.09.10. 11.12.13: 211-023-01.02.03.04.05.06: 212-041-05
(Assessor's Parcel Number)
Acres 471.6 Proposed No. of Lots/Units 19
GENERAL PLAN AND ZONING
Land Use Designation OPI. R. T-WC. T-R. OS
Density Allowed N/A Density Proposed N/A Existing Zone 0-OP-M-0. C-2-O/O-O/P-M-
0. C-T-OIC-2-0. C-2-0. P-M. E-A, OS. P-U Proposed Zone 0-O/P-M-0. C-T-O/C-2-0, C-2- 9. C-T-0. OS
Surrounding zoning and Land Use: Requirements) (See attached for information on Carlsbad's Zoning
Zonine I.&UUS
Site See above Agriculture, GIA Construction
North P-U Agriculture
South C-T-Q, C-2-Q, L-C 7-11, Nurseryland, price Club, Vacant
East P-M,OS Vacant
West C-2-Q, C-Tq Car Country, Vacant, Pea Soup Anderson's
PUBLIC FACILITIES
School District Carisbad Water District Carlsbad Sewer District Carlsbad
Equivalent Dwelling UNts (Sewer Capacity) 1.341.2 Public Facilities Fee Agreement, dated July 5. 1994
ENVIRONMENTAL IMPACT ASSESSMENT
- Negative Declaration, issued - X Certified Environmental lmpact Report, dated November 1995
CITY OF CARLSBAD
GROWTH MANAGEMENT PROGRAM
LOCAL FACILITIES IMPACTS ASSESSMENT FORM - .. (To be Submitted with Development Application)
~
PROJECT IDENTITY AND IMPACT ASSESSMENT:
FILE NAME AND NO: CARLSBAD RANCWLEGOLAND SPECIFIC PLAN AMENDMENT - EIR 94-01/GPA 9443/LCPA 90-08(B)/ZC 94-02/SP207(A)/SP 144(G)/LFMP 87-13(B)/CT 94-09/PUD 94- 07/HDP 94-07/DA 94-01
LOCAL FACILITY MANAGEMENT ZONE: 13 GENERAL PLAN: O/PI, R, T-RJC, T-R, OS
ZONING: O-O/P-M-O. C-T-O/C-2-0 C-2-0, C-T-0. OS
DEVELOPER'S NAME: Carltas ComDanv
ADDRESS: 5600 Avenida Encinas. Suite 100, Carlsbad, CA 92008
PHONE NO.: (619) 431-5600 ASSESSOR'S PARCEL NO.: 211-022-01.02,
03.07. 08.09. 10, 11. 12. 13: 211-023-01. 02.03.04.05.06; 212-041-05
QUANTITY OF LAND USE/DEVELOPMENT (AC., SQ. FT., DU): -471.6 Acres
ESTIMATED COMPLETION DATE: Year 2010
A. city A- strative Fac?kies: Demand in Square Footage = N/A
B. Library: Demand in Square Footage = N/A
C. Wastewater Treatment Capacity (Calculate with J. Sewer) 1.341.2 EDU
D. Park Demand in Acreage = $.40/SO. FT.
E. Drainage: Demand in CFS = N/A
Identify Drainage Basin = NIA
(Idenw master plan facilities on site plan)
F. Ciulation : Demand in ADTs = 49.582 ADT
(Identify Trip Distribution on site plan)
G. Fire: Served by Fire Station No. = STATION #4
H. Open Space: Acreage Provided - 119.03 ACRES
I. Schools: N/A
(Demands to be determined by staff)
J. Sewer: Demand in EDUs - 1.341.2 EDU
South Am Hedionda Identlfy Sub Basin -
and Buena /Vdecitos
(Identify trunk line(s) impacted on site plan)
K. Water: DemandinGPD - 716.035 GPD
The following information must be disclosod: JUL 0 5 1994
1.
2.
3
4
4QQ!!Ga ClTv OF CAWLSBAT, P&NNlRG DE1PT. List the names and addresses of all persons having a financial interest in tho appU on.
2386 Faraday A=.-
Suite 120
List the names and addreas- of .II persona Mng my ownofship intofmt in tho propody hvolved.
Paul Ecke, Jr. Carlsbad, California 92008
Elisabeth K. Ecke
Paul Ecke, I11 Lizbeth A. Ecke
Sara Ecke May
Carltas Company 5600 Avenida Encinas #lo0
tf any person identMed punu8nt to (1)'~ (2) rbow b 8 uxpor8tior-1 of pwbwship, Ila tho nun- and addresses
of all individuals owning mom than 10% of tbo rhuw in tho corporation 01 owning my partnership interest in the partnership.
tf any penon MontHlod pummtto (1) 01 (2) .bov, b a clonpIo1(1 orgm&tlon 01 tru8t.Jist tho names and addresser of any person swing as oflkw 01 director of tho non-prollt organization or as trustee or beneficiary
of the trust
/
FRM0007 4/91
2075 Lar Palmas Drive - Cartsbad. California 92009-1576 - (819) 438-1 161 @
.
5. Have you had more than $250 worn of business transacted with any member of Ciiy SW, Boards,
Commission? rnrniftws and Council within the past Wdve months?
Yes -No /f yes, please indicate person(s)
~:Atmcrl~pgr~ncruy.)
CARLTAS COMPANY
BY
Signa@ WM er/date /
Christopher C. Calkins, Manager
Print 01 type name of owner
6-27-49
signature of a&kant/date
Bill Hofman
FRW7 4/91
4
The ?oilovving information must be dbd0sOd:
List the names and iddrerras of rll persons having a finrndal intrrort in tho rppflcation.
Hofman Plannim , Suite 120
2.
LSt the names and addrrrses of all persons hrving any ownorshlp intorest in the property involved. Ge;pploqicab Institute of: America, Inc.
1660 Scwarr Streot Santa Monica. CA P04U6
3. If any person idontiflod pursuant to (1) or (2) above is a corporation or partnership, list the names and addresses
Of all Individuals owning mare than 1096 of the shares in tho corporation or owning any paftnershlp intrrort in p aRner ship.
4 If any perron identifled pursuant to (1) or (2) abovo is a non-proM organir.tion or a trust, list the nrmos am
rddleSSB1 of any person serving a# offlcer or dlredor of tho nongrofft orqm~rtton 01 u trustoo or beneficiary Cf -
PLEASE REFER TO ATTACHED
:
Courtney A. Walker
Print or type name of owner VP/C
Bill HofiMn
Print or type name of applicant
GIA Board of Covcm8n: Frank Maier, Jr., Facutivt Chairmun
Richard T. Liddicoat, Chairman
James C. Clark, Vice Chairman
Eli Haas, Secretary
Paul G. Bailey, Treasurer
Arnold Bockstruck
Carlcton G. Brow
Gordon Brown, Ph.D.
Paul Campbell
1. F. Ellis, Jr.
Kurt Sassau, Ph.D.
Glenn R. Nord
Joseph H. Samuel, Jr.
Robert E. Spratford
Ben Krashes
Ralph Dcstino
GIA - Exccutivc Offlctrs:
William E. Boyajian, President
Dennis Polu, Pi'ce President of Educution
Courtney A. Walker, Vice President/
Chic f Financial O~c~r/Secreta~~reusur~r
--
DISCLOSURE STATEMENT
APWWS STATEMENT Of MscLaUAE OF
DlSCAmONARY ACnON ON THE PART Of THE CTW COUNCIL OR ANY Ap#)tm m. WMMWlON QWEW lM'€m 0)J &L mnoN8 wu =QUI#
~WTEE.
(Pleuo Pnm p. a * ~ .- -. -.:
The following information must be disclosed:
1.
2.
3.
4.
Nolicant MAR 3 0 1% ... ..
L z List the names and addresses of all persons having 8 financial interest in the- apptkrtion.
" P- - Tm
2386 FARADAY AVENUE, STE 120
CARLSBAD, CA 92008
List the names and addresses of all persons having my ownership interest in the property involved.
SAN DIEQ3 GAS & ELEXYRIC
101 ASH STRE7F
SAN DIEGO, CA 92101
and addresses If any person identified pursuant to (1) or (2) above is 8 corporation or putnership, Ikt the names
of all individuals owning more than 1 & of the share8 in the corporation or owning my putnership interest in the
partnership.
"E
8
If any person ideMad pursumt to (1) 01 (2) &ow k a non-prolti OrgmiutiOn 01 8 tfu& lid the names and addresses of any penon serving m officer or director of the non-prollt orgmization aa trustw or beneficiary
of the trust.
FRMOOW 4/91
2075 Las Palmar Drivo Carlrbad. Calitomir 92009-1576 ,- (61 9) 438-1 161 @
--
Disclorun Statement
5. Have you had mom than $250 wortn of business transacted with any member of City staR, Boards,
Commissions, Committees and Council within the past Iw&e months?
Yes - No I? yes, please indicate person(s)
BILL H3FMAN - Print or type name of owner Print 01 type name of applicant
FRM0007 4/91
Citv of Zarlsbad
I LChO)
DISCLOSURE STATEMENT
APPuCANTS STATEMEM OF DISCLOSURE OF CERTAIN OWNERSHIP INTERESTS ON ALL APPUCAnONS WHICH WILL AEOUIRE DlSCRlSlONWlY ACTlON ON WE PART OF WE CrrY COUNCIL OR ANY APPOINTED BOARD. COMMISSION OR COMMITTEE.
(Please Prim)
The following information must be disclosed:
List the names and addresses of all persons having a financial interos! in the application.
Hofman Planning Associates
2386 Faradav Ave., Suite 120
Carlsbad, CA 92008
List the names and addresser of all porsons having any ownership intormt in the property involved.
Str 4)+C4IY/r(/f
3. If any person idmtified pursuant to (1) or (2) above is 8 corporation or partnership, list the names
addresses of rll individu.k owning mor0 than 10% Of tho shares in tho corporation or owning any partner:
interest in tho pattnenhip.
4. If any pomn idontinod punumt to (1) or (2) above is I nonprollt orgrnlution or-a trust, list the names
addresses of any perm wving 8s ofKcor or director of tho nonprollt orgrnirrtion or as trusttoo or benefic
of tho trust.
(Over)
5. Have you had mor0 than SZSO worth of businom trmsactod with any member of City staff, Boar::
Commissions, Committees and Council within tho past twelve months?
Yes - No - If yes, pleaso indicate perron(s)
(NOTE: Attach additional pager as necossafy.) -7
// -
-nature of Owner/date
'I d - +/ :<: ;; 1 E,A/
Print or typo name of ownw
11-1-44
Bill Hofman
Print or typo nuno of applicant
.
-.
Carlsbad Estate Holding, Inc.
A California Corp.
5600 Avenida En&, Suite 130
Carlsbad, CA 92008
IwTERLEG0 AG
A Swiss Company
Teknisk Forskning og Udvikling
Bachtalen 33
CH-6332 Hagendom
Having an interest as an optionee:
LEG0 Park Planning, Inc.
A California Corporation
5600 Avenida Encinas, Suite 130
Carlsbad, CA 92008
100?/0 owned by LEG0 A/S
A Denmark Corporation
7190 Billund
Denmark
DISCLOSURE STATEMEM
APPUCANTS STATEMEM OF DISCLOSURE OF CERTAIN OWNERSHIP INTERESTS ON ALL APPUCAnONs
WHICH WIU REQUIRE OlSCRl3lONARY ACTlON ON THE PART OF THE CFN COUNCIL OR ANY AP POINED
BOARD. COMMISSION OR COMMrnE.
(Please Prinr)
The following information must be disclosed:
1. bdicant
List the names and addresses of all persons having a financial interest in the application.
Hofm Plannina 2386 Faraday Ave., Suite 120
Carlsbad, CA 92008
2.
List the names and addresses of dl persons having any ownership interest in the property involved National Association of Music Merchants
5 L4U Avenida Encinas
Carlsbad. CA 92008
3. If any person identified pursuant to (1) or (2) above is a corporation or partnership, list the names
addresses of all individuals owning more than 10% of the sharer in the corporation or owning any Pam&
interest in the partnershio. .
4. If any person identified pursuant to (1) or (2) above is a non-protit organization or a trust, list the name:
addresses of any person serving as oHcer or director of the non-profrt organuation or as trustee or bene: of the trust. Larry R. Linkin, President/CEO
Qarner.Paige, Chairman
Paul Murphy. Treasurer
Steve West, Secretary
-
Oisdoswe Statand - -- Page 2
5 Have you had mor0 than 5250 worth of burinom trulsactod with any member of City staff, Boar
Commissions, Committees and Council within tho put twelve months?
Yes - No - If yes, please indicate person($)
(NOTE: Attach additional pages as necessary.)
(&Lcllruh
Signature ‘of Owner/date
Larry R. Linkin, PresidentICEO @&fly
Print or type name of officer
Bill Hofman
Print or typo nun. of applicant
ATTACHMENT "20"
LEG0 DEVELOPMENT AGREEMENT I SUMMARY
Summary of Provisions
Standard preamble, recital language anddefinitions. Important definitions include
"Applicable Rules", "Opening Date", and "Project Approvals".
Describes vesting and what rights are vested. During term of Agrehent, City
cannot change vested rules and project approvals. Some exceptions &e allowed
such as emergencies and certain limited rule changes which do not affect the
project approvals and which are not inconsistent with the Specific Plan.
Describes the process and requirements for approving a Site Development Plan
for LEGOLAND after the Development Agreement is in effect. The City has the
right to condition the Site Development Plan as long as the conditions are not
inconsistent with the previous project approvals. The City cannot deny the Site
Development Plan unless the Plan does not conform to previous project approvals.
Once the Plan is approved, it also becomes vested.
Provides for compliance with the Growth Management Plan during the term of
the Development Agreement. LPPI agrees to pay its reasonable fair share, to the
extent required by the Growth Management Plan, in solving any problems and
meeting all the performance standards of the Growth Management Plan.
Describes additional conditions which must be fulfilled prior to actual construction
including evidence of title to Parcel 18, evidence of no hazardous waste and
cancellation of Williamson Act contract.
Describes additional vesting provisions as they relate to amendments to the Site
Development Plan and modifications to the LEGOLAND Park. Included are
provisions relating to City provided utilities and services and rates for same.
Provides a description of LEGOLAND and its operational characteristics. These
include conditions relating to minimum components and days of operation of the
Park as required by the City.
1
LEGO DEVELOPMENT AGREEMENT
SUMMARY
15 to 16
17 to 18
18
19
19 to 20
20 to 21
22
22 to 23
23 to 24
Summary of Provisions
Provides for a "Quality of Life Fee" if annual attendance exceeds 2.2. millior
during the term of the Agreement. The fee would be $ SO for each admissior
exceeding 2.2 million up to 2.5 million and $ 1.00 per admission exceeding 2.2
million. There is a $3 million aggregate cap on the amount of fee paid. The fee
would be used for quality of life enhancement programs as determined by,the Cig
Cou nci 1.
Requires the clearance of Parcel 18 if LEGOLAND ceases operations.
Requires LPPI to make a $500,000 donation/payment to the City if they decide
not to open a LEGOLAND.
Provides for City to support LEGOLAND's request to CalTrans for signage and
allows the naming of the interior street serving LEGOLAND as Legoland Drive
or a similar name.
I
Addresses assignment of LEGOLAND or Parcel 18 to another entity. Requires
City approval of any transfer or assignment and requires the Park to still be
operated as a LEGOLAND.
Describes the City's obligations related to the financing and construction of the
I-S/Cannon Road Interchange improvements.
Requires LEGO to perform all applicable mitigation measures required by the
EIR which relate to Parcel 18 and to conform to CEQA.
Standard legal language regarding dedications, subdividing and improvemenl
security.
Acknowledges that certain parts of the infrastructure needed to open
LEGOLAND will be funded by district financing. Allows LPPI to apply to the
City to extend the time for opening of LEGOLAND if the required infrastructure
improvements are not completed at no fault of LEGO.
2
LEGO DEVELOPMENT AGREEMENT
II 4.8 to 4.30
Page( s)
24 to 25
25 to 26
26 to 27
27 to 28
28
28
28 to 30
30 to 32
33
34 to 38
38 to 39
39 to 40
40 to 46
SUMMARY
Summary of Provisions
Provides that development impact fees for the construction of LEGOLAND shal
be those in effect when building permits are issued. The fees are not frozen
(vested) and can increase as long as the increase applies to everyone in the Cit,
and are not just directed at LEGOLAND.
Standard legal language regarding mortgagee protection. I
Requires quarterly progress meetings between the City and LPPf during
construction of EGOLAND to insure that timing for opening is met.
Standard legal language regarding insurance coverage.
Standard legal language regarding processing of the Agreement.
Provides for the term (length) of the agreement which is 5 years from the opening
date of LEGOLAND.
Describes the process and the requirements regarding the opening date 01
LEGOLAND. The park must be open within 5 years of the effective date of the
agreement. Two one year extension are allowed if LEGO pays an extension fee
of S450,OOO per year. Other reasons for extending the opening date are aka
described.
Standard legal language regarding legal items such as enforcement, default and
legal challenges.
Provides for an annual review for determining performance and compliance with
the Agreement.
Legal language regarding litigation, remedies and noticing.
Describes the rights of the City and the reasons to terminate the Agreement.
Requires consistency with the Local Coastal Program and Coastal Commission
approval.
~ ~ ~~
Standard legal language regarding a number of miscellaneous items.
3