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Home My WebLink About1996-01-09; City Council; Resolution 96-1i 1 2 3 4 5 6 ? a 9 10 11 12 13 14 15 16 17 l8 19 20 21 22 23 24 25 26 27 28 a 0 RESOLUTION NO. 96-1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA CERTIFYING PROGRAM 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 RANCHLEGOLAND 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 NAME: CARLSBAD RANCH/LEGOLAND SPECIFIC PLAN AMENDMENT ENVIRONMENTAL IMPACT REPORT 94-01, APPROVING CASE NO: EIR 94-01/GPA 94-03LCPA 90-08(B)/ZC 94- 02/SP 207(A)/SP 144(G)/LFMP 87-13(B)/DA 94-01 WHEREAS, on December 6, 1995 the Carlsbad Planning Commissi a duly noticed public hearing to consider a proposed Environmental Impact Repc 94-01), General Plan Amendment (GPA 94-03), Local Coastal Program Amendmenl 90-08(B)), Zone Change (ZC 94-02), Specific Plan Amendment (SP 207(A)), Spec Amendment (SP 144(G)), Local Facilities Management Plan Amendment (LFMP 87 and Development Agreement (DA 94-01) for project development on 471.6 acres and adopted Resolutions Nos. 3844, 3845, 3846, 3847, 3848, 3849, 3850, an respectively, recommending to the City Council that they be approved; and WHEREAS, the City Council of the City of Carlsbad, on January 9,15 a public hearing to consider the recommendations and heard all persons interest( opposed to EIR 94-01/GPA 94-03LCPA 90-08(B)/ZC 94-02/SP 207(A)/SP 144(G 1 2 3 4 5 6 7 8 9 lo 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 e 87-13(B)/DA 94-01; and WHEREAS, an Environmental Impact Report was prepared and SL to the State Clearinghouse and a Notice of Completion filed, published, and m responsible agencies and interested parties providing a 45 day review period. All cc received from that review period are fully incorporated into the conditions of appi the project and these conditions will be reviewed through a mitigation monitor reporting program set up for this project, NOW, THEREFORE, BE IT RESOLVED by the City Council of of Carlsbad, California, as follows: 1. 2. That the above recitations are true and correct. That the Environmental Impact Report (EIR 94-01) on the above rej project is certified and that the Candidate Findings of Fact, State Overriding Considerations, and the Mitigation Monitoring and R Program are approved and that the findings and conditions of the 1 Commission contained in Planning Commission Resolution No. 3844 with the City Clerk and incorporated herein by reference, are the findi conditions of the City Council. That the recommendation of the Planning Commission for the approv General Plan Amendment (GPA 94-03) is approved and that the find conditions of the Planning Commission contained in Planning Con: Resolution No. 3845, on file with the City Clerk and incorporated h reference, are the findings and conditions of the City Council. That the recommendation of the Planning Commission for the approv Local Coastal Program Amendment (LCPA 90-08(B)) is approved ; the findings and conditions of the Planning Commission contained in 1 Commission Resolution No. 3846, on file with the City Clc incorporated herein by reference, are the findings and conditions of Council. That the recommendation of the Planning Commission for the approv, Zone Change (ZC 94-02) is approved and that the findings and cond the Planning Commission contained in Planning Commission Resolui 3847, on file with the City Clerk and incorporated herein by reference findings and conditions of the City Council and Ordinance NS-343 contemporaneously adopted. 3. 4. 5. -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 6. That the recommendation of the Planning Commission for the approv Carlsbad RanchLEGOLAND Specific Plan Amendment (SP 20 approved with the amendments listed below and that the findi conditions of the Planning Commission contained in Planning Con Resolution No. 3848, on file with the City Clerk and incorporated h reference, are the findings and conditions of the City Council and 0: No. NS-344 shall be contemporaneously adopted. a) Flower Fields. Amend page 174, to include new Section H.l renumber the remaining subsections to add the following: The Flower Fields shall remain in flower production i perpetuity. The landowner will plant an open-fie1 flowering crop every year, substantially in the area a shown in the Flower Field Figure 49(A). If th landowner desires to change or modify this obligatio1 landowner will provide a five-year advance notice to th City Council, accompanied by an alternative agriculturi use proposal which landowner intends to initiate at thl end of said five years. The City Council shall hold : hearing to review and approve the proposed alternativc Additionally, the City and landowner shall investigat and may implement any methods available to allow thi continuation of flower production in accordance with thl General Plan. This Condition shall be evidenced by I deed restriction and inclusion of notice in the CC&R' restricting Planning Area 7 to agricultural use. In addition, the City shall have the Right of First Offer on the Fields which shall read: Subject to any Right of First Offer held by LEG0 Par€ Planning, Inc., Landowner shall grant to City a1 exclusive Right of First Offer ("First Offer Right") tc acquire the Flower Fields at a purchase price and up01 such other terms and conditions as Landowner would bi willing to accept from any third party. Landowner shal not sell all or any portion of the Flower Fields (othe than to a party purchasing for purposes of continuin; the open field flower business with a continuec obligation to provide this First Offer) without (i) firs, offering the property to City by written notice at i purchase price and upon such other terms anc conditions that Landowner would be willing to accepi from any third party, and (ii) City's failure to elect tc purchase on such terms and conditions by written noticc to Landowner within 90 days of said notice. Any sale ai -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 a purchase price of less than 90% of the price at whic the property has been offered to the City shall not E made without first offering the City the right 1 purchase at this price upon 60 days notice, to purcha! the property. The foregoing First Offer Right shall survive ar transfer by the Landowner to any affiliate of Landowne and shall be included in a deed restriction for Plannin Area 7. b) Building Height. Amend page 69, Section A.l, Building He page 134, Section d. Building Height of the Carlsbad Ranch Plan to add "except as modified in this section" to the end of sentence. Amend page 69, Section A.1.d. and page 134, Section d.iv., tc follows: The allowed height protrusions as described in Sectioi 21.46.020 of the Carlsbad Municipal Code do not exceec 45 feet; with the exception of architectural features anc exhibits which may be permitted up to 55 feet in heigh if the City Council makes the specific findings that th protruding architectural features or exhibits (1) do no function to provide usable floor area; (2) do no accommodate and/or screen building equipment; (3) dl not adversely impact adjacent properties; (4) ar necessary to ensure a building's or exhibit's desigi excellence; and (5) are restricted to no more than : percent of the total roof surface area of the structurc from which it protrudes, or in the case of exhibits withir Planning Area 4, that they be restricted to no more thai 3% of the aggregate of the exhibit as measured fron each exhibit's base, upon review of a Site Developmen Plan approved by the City Council. C) Timeshare. Amend page 117, Section D.l.a., Permitted Us page 164, Section F.l.a., Permitted Uses to delete Tommercia Units (Timeshare)" and replace it as follows: Commercial Living Units (Timeshare) may be permittec by the City Council in conjunction with a hotel project Amend page 219, Section 3, Paragraph 1 and page 220, Sel Paragraph 1 by the addition of the following to the end paragraph: -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 e In addition to the above requirements, the City Counci shall make the final decision to approve or disapprov the Site Development Plan. 7. That the recommendation of the Planning Commission for the approv SDG&E Encina Specific Plan Amendment (SP 144(G)) is approved the findings and conditions of the Planning Commission contained in 1 Commission Resolution No. 3849, on file with the City Cle incorporated herein by reference are the findings and conditions of Council and Ordinance No. NS-345 shall be contemporaneously adc That the recommendation of the Planning Commission for the approv Local Facilities Management Plan Amendment (LFMP 87-13(B)) is a and that the findings and conditions of the Planning Commission cc in Planning Commission Resolution No. 3850, on file with the City C incorporated herein by reference are the findings and conditions of Council. That the recommendation of the Planning Commission for the approvi Development Agreement (DA 94-01) is approved and that the findi conditions of the Planning Commission contained in Planning Corn Resolution No. 3854, on file with the City Clerk and incorporated ht reference, are the findings and conditions of the City Council and Or No. NS-346 shall be contemporaneously adopted. That these approvals are further subject to the condition that within of approval of the Carlsbad RanchLEGOLAND project by the Ce Coastal Commission, the applicant shall provide an agreement satisfaction of the City Attorney and the City Manager that the applic indemnify and hold harmless the City and its officers, employees, ana from any and all costs of defense including any judgments, attorney fec and expenses arising out of an action attacking the adequacy environmental documents or any other approvals pertaining to this I: This action is final the date this resolution is adopted by the City ( The provision of Chapter 1.16 of the Carlsbad Municipal Code, "Timc for Judicial Review" shall apply: 8. 9. 10. 11. "NOTICE TO APPLICANT" "The time within which judicial review of this decision must be sought is governed t of Civil Procedure, Section 1094.6, which has been made applicable in the City of C by Carlsbad Municipal Code Chapter 1.16. Any petition or other paper seeking review must be filed in the appropriate court not later than the ninetieth day follow -5- 4 1 2 3 4 5 e e date on which this decision becomes final; however, if within ten days after the becomes final a request for the record of the proceedings accompanied by the deposit in an amount sufficient to cover the estimated cost of preparation of suck the time within which such petition may be filed in court is extended to not later 6 7 8 9 10 ' ' 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 thirtieth day following the date on which the record is either personally delivered o to the party, or his attorney of record, if he has one. A written request for the pre] of the record of the proceedings shall be filed with the City Clerk, City of Carlsb; Carlsbad Village Drive, Carlsbad, California 92008." EFFECTIVE DATE: This resolution shall be effective upon its a except as to the General Plan Amendment, which shall be effective thirty (30) days fi its adoption. PASSED, APPROVED AND ADOPTED at a Regular Meeting of Council of the City of Carlsbad on the 9th day of January 1996, by the followi to wit: AYES: Council Members Lewis, Nygaard, Kulchin, Finnila and Hall NOES: None ABSENT: None ABSTAIN: None FJTEST: URL ALETHA L. RAUTENKRANZ, City derk , -6- w w - LEQOLAND LAND USE: AGRICULTURE GROSS PARCEL AREA: 53.42 ACRES DEVELOPMENT PROGRAM: CONTINUATION OF CURRENT USE- 500' 0Y FLOWER BULB, CUT FLOWER PRODUCTION. APPROXIMATE PLANTING AREA (INCLUDING FARM 0' w ROADS AND PEDESTRIAN PATHS). rwul Figure 4QA PLANNING AREA 7 - FLOWER FIELDS PLANTING AREA ~ t