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HomeMy WebLinkAbout2008-02-12; City Council; NS-875; Amendment Approval Process Legoland Inner Park...EXHIBIT 1 1 ORDINANCE NO. NS-875 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ADOPTING AN AMENDMENT TO 3 THE CARLSBAD RANCH SPECIFIC PLAN (SP 207(E)) TO ALLOW FOR AN ADMINISTRATIVE APPROVAL PROCESS FOR 4 LEGOLAND INNER PARK IMPROVEMENTS, MODIFY THE ALLOWED USES TO INCLUDE OVERNIGHT USES AND TO 5 DEFINE MINOR AND MAJOR SPECIFIC PLAN AMENDMENTS ON PROPERTY GENERALLY LOCATED NORTH OF PALOMAR 6 AIRPORT ROAD, SOUTH OF CANNON ROAD, EAST OF PASEO DEL NORTE AND WEST OF THE CROSSINGS DRIVE 7 IN THE MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM AND IN LOCAL FACILITIES MANAGEMENT ZONE 8 13. CASE NAME: LEGOLAND INNER PARK 9 CASE NO.: SP 207(F) 10 The City Council of the City of Carlsbad, California, does ordain as follows: 11 WHEREAS, the Carlsbad Ranch Specific Plan was originally adopted by City 12 Council Ordinance No. NS-277 on March 16, 1993 and has been amended several times and 13 contains the uses, development standards and design guidelines for the development of the 14 subject property; and 15 WHEREAS, the City Council of the City of Carlsbad has reviewed and 16 considered a Specific Plan Amendment (SP 207(F)) for the Carlsbad Ranch Specific Plan; and 171' WHEREAS, after procedures in accordance with requirements of law, the City 1 x Council has determined that the public interest indicates that said Specific Plan Amendment (SP 19 207(F)) be approved. 70 NOW, THEREFORE, the City Council of the City of Carlsbad does ordain as 21 follows: 11 SECTION 1: That Specific Plan SP 207(F), on file in the Planning Department, 23 and incorporated herein by reference, is adopted. The Carlsbad Ranch Specific Plan (SP 24 207(F)) shall constitute the development plan for the property and all development within the 25 plan area shall conform to the plan. 9fi SECTION 2: That the Carlsbad Ranch Specific Plan (SP 207), as amended to 27 date, and further amended by Specific Plan Amendment 207(F), dated December 5, 2007, is 28 approved. 1 SECTION 3: That Specific Plan Amendment SP 207(F) replaces text in the 2 Carlsbad Ranch Specific Plan, as shown on Attachment SP 207(F). 3 SECTION 4: That the findings and conditions of the Planning Commission in 4 Planning Commission Resolution No. 6356 shall constitute the findings and conditions of the 5 City Council. 6 EFFECTIVE DATE: This ordinance shall be effective thirty days after its 7 adoption, but not until Local Coastal Program Amendment LCPA 90-08(E) is approved by the 8 California Coastal Commission, and the City Clerk shall certify to the adoption of this ordinance ^ and cause it to be published at least once in a publication of general circulation in the City of 10 Carlsbad within fifteen days after its adoption. 11 /// 12 /// 13 /// 14 /// 15 /// 16 /// 17 /// 18 /// 19 /// 20 /// 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 -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 INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the 5th day of February, 2008, and thereafter. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 12th day of February, 2008, by the following vote: AYES: Council Members Lewis, Kulchin, Hall, Packard and Nygaard. NOES: None. ABSENT: None. ABSTAIN: None. APPROVED AS TO FORM AND LEGALITY R'ONAlD R. BALL, City Attorney A&EWIS, Mayor ATTEST: Figures 8, 9, 10, 11 and 12, found on pages 23 through 27, identify the proposed location of land uses and the development program to be achieved on the developable portion of the Carlsbad Ranch, which is expected to build out over a 10 to 15 year time period. The acreage contained in the Parcelization map on page 27 does not directly correspond with the land use acreage as contained in the Zone 13 LFMP. The Parcelization map provides separate lots for the developable land and the roadways. While the land use maps contained in the Zone 13 LFMP provides acreage that includes the adjacent roadways in the land use area. The plans and maps provided in this specific plan are conceptual in nature only. Site Development Plans and/or Conditional Use Permits will be required prior to development in any of the Planning Areas within the Carlsbad Ranch Specific Plan, or as otherwise stated within the Implementation section of each Planning Area^ Carlsbad Ranch Specific Plan 22 E. PLANNING AREA 4 - LEGOLAND Carlsbad The focus of LEGOLAND Carlsbad will be on the provision of fun and creative, educational experiences for children in the age group 2 through 13 and their families. The planning and design shall comply with the following criteria: Establish the child as the focal point Provide for family interaction and fun Provide Environmental sensitivity including designing with nature, energy conservation, reuse, and recycling Create a "park within a park" Facilitate participation and creativity Create a world of learning Develop theme areas corresponding to LEGO brands Provide comfort and quality for guests and staff Create synergy with the local community and environment The overall concept of LEGOLAND Carlsbad may be described as a "park within a park". A significant portion of LEGOLAND Carlsbad will consist of attractive landscape areas with an emphasis on native and water conserving landscapes. Figure 36 on page 116 provides an overall planning summary of LEGOLAND Carlsbad. 1. PLANNING AREAS The general planning areas and acreages, which make up LEGOLAND Carlsbad are shown on Figure 35 on page 115. The approximately 128-acre site consists of few-two (24) distinct planning areas. These consist of the Inner Park and_7 the Outer Park, the Parking and Circulation and the Service and Administration. A brief description of the approximate size and location of each of the planning areas is provided below. a. Inner Park The Inner Park is approximately 35-TO.acres in size and includes both Active Clusters and Passive Clusters. The Inner Park planning area is located in the eenfral-northern portion of the LEGO property and serves as the core of LEGOLAND Carlsbad. The Inner Park is accessed through an entrance structure with ticketing booths and turnstiles, an entrance building with guest related facilities and retail uses, restaurant/cafe buildings, public toilets and comfort rooms, and the themed attractions buildings. Carlsbad Ranch Specific Plan 111 The key elements of LEGOLAND Carlsbad are the "Active Clusters" and "Passive Clusters". These key elements are shown on Figure 36 on page 116. Active Clusters will include LEGO attraction areas such as MINILAND and will be distinguished by plantings, paving, site furnishings, water features, pedestrian trails and landscape lighting. Rides created for these areas will be designed to allow the child and his/her family to view and interact with the LEGO models and attractions. High-speed thrill rides will not be a part of LEGOLAND Carlsbad. It is anticipated that LEGOLAND Carlsbad will include approximately five (5) Active Clusters. The size of each Active Cluster is expected to be at the range of 2 and 5 acres. Examples of activities which may occur in the Active Clusters include the following: Miniland - Miniland will be the heart of LEGOLAND Carlsbad. This area will illustrate the creative uses of LEGO bricks in a garden setting. Miniland will be alive with movement and sound and will create landmarks and scenes from the world, North America and California. It will include famous buildings and towns surrounded by landscape settings. DUPLO Play Town - DUPLO Play Town will focus on younger children. Children can enjoy attractions that will feature DUPLO theme areas and will offer plenty of creative play opportunities. Rides designed for and controlled by small children will allow them to interact with DUPLO model creations. DUPLO buildings will allow children to explore and interact with their surroundings in unique ways. LEGO Building Workshops - LEGO building workshop areas will be incorporated in several areas of the Park to allow children at different age levels to build their own LEGO creations. Master-classes led by LEGO model designers will offer groups of children and families opportunities to participate in guided building tasks with LEGO bricks and elements. LEGO Driving School - Among other educational elements will be a driving school for children to learn the rules of the road. The driving school will offer group instructions and testing of skills on a driving course with LEGO instructors. Following this driving experience, children will be awarded their own LEGO driver's license. LEGO Attraction Areas - Other attractions in LEGOLAND Carlsbad emphasize LEGO themes such as Town, Castle, and Pirates. Carlsbad Ranch Specific Plan 112 Activities created for these areas will be designed to allow the child and his/her family to view and interact with the theme LEGO models and attractions. Passive Clusters will be located next to the Active Clusters within the Inner Park. The Passive Clusters are characterized by unobstructed park like plantings with occasional walkways and limited paving, site furnishings, garden features and landscape lighting. The key objective of the passive clusters is to allow families to picnic, relax, and enjoy the park atmosphere. Service and Administration The Service and Administration planning area is located on the eastern end of the project site. The service and administrative buildings will include storage, workshops, staff, educational and administrative facilities. External waste and storage facilities will be established in connection with the storage building. b. Outer Park The Outer Park contains landscape areas and parking facilities for LEGOLAND Carlsbad. 7 which may accommodate future Inner Park expansion:—The Outer Park also contains landscaped buffers which lie between LEGOLAND Carlobad and the adjacent LEGO Drive.—T-be landscaped service road will be located within the Outer Park. The actual boundaries o'f both the Inner Park and Outer Park as well as the acreage of the Planning Areas may vary and will be precisely determined at the time of the Site Development Plan review. Carlsbad Ranch Specific Plan 113 Parking and Circulation Proposed parking consists of areas for guest parking, bus parking, recreation vehicle and employee parking. Guest parking includes provisions for handicap parking in accordance with the Americans with Disabilities Act. In an effort to work with the existing topography of the site and maximize views within LEGOLAND Carlsbad, the parking area is designated for the southern portion of the LEGO site. Access to the guest parking will be taken from LEGO Drive by way of Cannon Road. All directional signaqe including freeway signs, signs on Palornar Airport Road and promotional advertisements shall direct motorists towards Cannon Road. Parking expansion space will be provided within the LEGO park site adjacent to the parking lot on the south. This will also provide space for parking overflow should it be needed during peak visitor days. Employee and bus parking facilities will be provided at the southeastern portion of the site. Access to these areas will be from Palomar Airport Road via Hidden Valley Road. Emergency vehicle access is also provided via Hidden Valley Road. Details of the parking areas will be provided as a part of the application for the Site Development Plan. Carlsbad Ranch Specific Plan 114 \o LEGOLAND CALIFORNIA f"iv Vi• f Iii' i ' rtPf*4' ****^ IS\0" •^••Vr™" ^,.,_•%.tf INNER PARK BOUNDARY I /=§':;•/ "•"""'/.,""„, '/ '• ,##&• ^ " ' v:iC^*,^, tv«c INNER PARK V -m*?*' .u-r /.. ^u>1os'-V ^:.,, X >r ' ,/,-'" :.^-.- • "•" ' -^-'O,1 OUTERPARK 1 * '' ; '^'', ^ ^^^ / \vt^ *J " - ^1 „/--/"" . • . -If>:!• "!'i<: ' (•"•' * *"ti! ' ' ' \ ',..'• >, ' r^^ss.-jJjU^B^"^ , ' i. „ ) ' ^f \ ' '°°»-' \ t_ .„,.„, />l1 I1"'1 t"t """ X \,p^^S^3 N_^' ^T^1"^ \>5 ^--'^""'"^" «^°r ^,(,u"^n'l>('t North « 0 100' 200' 400' G-. Parking and Circulator Proposed parking consists of areas for guest parking, bus parking, recreation vehicle and employee parking. Guest parking includes provisions for handicap parking in accordance with the Americans with Disabilities Act. In an effort to work with the existing topography of the site and maximize views within LEGOLAND Carlsbad, the parking area is designated for the southern portion of the LEGO site. Access to the guest parking will be taken from LEGO Drive by way of Cannon Road. All directional signage including freeway—signs,—si§fts—en—Palomar Airport—Read—and—promotional advertisements shall direct motorists towards Cannon Road.—Parking expansion space will be provided within the LEGO park site adjacent to the parking lot on the south. This will also provide space for parking overflow should it be needed during peak visitor days. Employee and bus parking facilities will be provided at the southeastern portion of the site. Access to these areas will be from Palomar Airport Road via Hidden Valley Road. Emergency vehicle access is also provided via Hidden Valley Road.—Details of the parking areas will be provided as a part of the application for the Site Development Plan. 4-. Service and Administration The Service and Administration planning area is proposed to be located on the eastern end of the project site. The service and administrative buildings—wtH—include—storage,—workshops,—staff;—educational—afl4 administrative facilities.—External waste and storage facilities will be established in connection with the storage building. 2. DEVELOPMENT STANDARDS The following are specific development and design guidelines applicable to this Planning Area. However, Section IMA GENERAL DEVELOPMENT STANDARDS AND DESIGN GUIDELINES beginning on page 63 contains additional development standards and design guidelines that are applicable to all Planning Areas within this Specific Plan Amendment. Carlsbad Ranch Specific Plan 118 a. Permitted uses within LEGOLAND Carlsbad are as follows: Entrance facility; Toll "plaza"; Retail shops, not including drive-up or drive-in services; Restaurants, not including drive-up or drive-in services; Service buildings associated with Park activities; Offices related to Park activities, business and administration; Ancillary uses related to LEGO park; Indoor and outdoor facilities for children related to entertainment and education including overnight uses, but not including high-speed thrill rides (those rides typically oriented towards the teenage and young adult audience); Water features, lakes; Picnic areas; Landscaped areas; Guest services and facilities; Accessory uses which are clearly incidental or necessary to principal permitted uses; People moving systems; Signs related to Park activities; Parking; Any other uses as determined by the Planning Director to be of the same general character as the uses listed above. b. Permitted temporary uses within LEGOLAND Carlsbad which are limited in duration, but occur from time to time, are as follows: Festivals; Craft fairs; Markets; Construction facilities; trailers, equipment and material storage areas; ancillary uses related to project construction. Carlsbad Ranch Specific Plan 119 3. Planning Area 3 Any development of the property including hotels and/or commercial living units (timeshares) shall be subject to the approval of a Site Development Plan pursuant to Section 21.06 (Qualified Overlay Zone) of the Carlsbad Municipal Code. In addition, a hotel or commercial living unit (timeshare) project shall be subject to the requirements of Section 21.42.010(10) of the Carlsbad Municipal Code. In addition to the above requirements, the City Council shall make the final decision to approve or disapprove the Site Development Plan. Any other uses proposed for this site that is not specifically addressed herein shall be subject to all applicable processing requirements of the underlying zone and Title 21 (Zoning) of the Carlsbad Municipal Code. 4. Planning Area 4 (LEGOLAND Carlsbad) Any development of the property shall be subject to the approval of a Site Development Plan pursuant to Section 21.06 (Qualified Overlay Zone) of the Carlsbad Municipal Code. Due to the unique nature of LEGOLAND Carlsbad, the Site Development Plan shall be submitted to both the Planning Commission and City Council for review. The City Council shall make the final decision to approve or disapprove the Site Development Plan. This specific plan authorizes and approves a LEGOLAND family park as a permitted use of the Planning Area for zoning purposes and, therefore, a conditional use permit shall not be required pursuant to Section 21.42.010(6)(F) of the Carlsbad Municipal Code. Planning Area 4 contains the entire LEGOLAND theme park. As shown on Exhibit 35. the park is divided into the inner park and the outer park. The inner park contains all of the existing attractions, food services and administrative services and areas for future expansion. The outer park is the area reserved for parking and a large portion of the perimeter landscape buffer. This specific plan authorizes and approves a LEGOLAND family park as a permitted use subject the approval of a Site Development Plan. A Site Development Plan (SDP 96-14) and Coastal Development Permit (GDP 96-16) were approved for the entire park by City Council Resolution 97-670 on May 20.1997. This specific plan authorizes and approves a LEGOLAND family park as a permitted use of the Planning Area for zoning purposes and, therefore, a conditional use permit shall not be required pursuant to Section 21.42.010(5)(F) of the Carlsbad Municipal Code. Any development of the property shall be subject to the processes as described below. Carlsbad Ranch Specific Plan 203 Outer Park Any development within the Outer Park shall be subject to the approval of a Site Development Plan pursuant to Section 21.06 (Qualified Overlay Zone) of the Carlsbad Municipal Code. Inner Park All future park projects within the Inner Park that comply with the development standards and design guidelines set forth in this Specific Plan shall be processed as a Minor Site Development Plan and Minor Coastal Development Permit subject to Planning Director approval. The Planning Director shall ascertain all facts pertinent to the proposed development and shall approve, conditionally approve, disapprove or give notice of referral to the Planning Commission, together with the findings and reasons for such action. An application for a Minor Site Development Plan/Minor Coastal Development Permit shall be made in accordance with the procedures set forth below: (1) An application for a Minor Site Development Plan/Minor Coastal Development Permit may be made by the record owner or owners of the property affected or the authorized agent of the owner or owners. The application shall be filed with the Planning Director upon forms provided by him. The application shall be accompanied by adequate plans which allow for detailed review, a legal description of the property and all other materials and information specified by the Planning Director. (2) At the time of filing the application, the applicant shall pay a processing fee in an amount specified by City Council resolution. (3) If the applicant contemplates the construction of a LEGOLAND project in phases, the application shall so state and shall include a proposed phasing schedule. (4) For minor coastal development permits, notwithstanding Section 21.201.080. all applications regardless of the cost of development shall be approved or disapproved by the Planning Director. Findings of the Planning Director. In approving a Minor Site Development Plan/Minor Coastal Development Permit, the Planning Director shall make the following findings: Carlsbad Ranch Specific Plan 204 (1) That the requested use is properly related to the site, surroundings and environmental settings, is consistent with the various elements and objectives of the general plan, will not be detrimental to existing uses or to uses specifically permitted in the area in which the proposed use is to be located, and will not adversely impact the site, surroundings or traffic circulation; (2) That the site for the intended use is adequate in size and shape to accommodate the use: (3) That all of the yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the requested use to existing or permitted future uses in the neighborhood will be provided and maintained: (4) That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use (5) The development has no adverse effect individually or cumulatively on coastal resources or public access to the shoreline or along the coast. Notification. The planning director shall notify the applicant in writing of any decision made on a Minor Site Development Plan/Minor Coastal Development Permit. Prior to that notification, the City Attorney shall review and approve the findings of the Planning Director. Effective Date of Order and Appeal of Planning Director Decision. The effective date of the Planning Director's decision and method for appeal of such decision shall be governed by Section 21.54.140 of the municipal code. Development Agreement Additionally, a Development Agreement may be entered into between the City of Carlsbad and LEGO. This Development Agreement shall not conflict with the requirements of this specific plan. Amendments to the Site Development Plan Carlsbad Ranch Specific Plan 205 The following types of minor amendments may be approved administratively by the Planning Director: a. Changes to the design and location of landscaping within the interior of the park. b. Revisions to the design and landscaping of the parking area that will not substantially impact vehicular or pedestrian access. c. The relocation of attractions within the interior of the park that will not substantially alter the appearance of the park from any adjacent public road. d. Revisions to the architecture of buildings as long as the revisions are in conformance with the Design Guidelines of Section IV.E.3 ( LEGOLAND Carlsbad Design Guidelines) of this specific plan. e. Any other similar type of revisions determined to be minor in nature by the Planning Director. All other amendments to the Site Development Plan shall be reviewed and approved by the Planning Commission pursuant to the procedures contained within Chapter 21.06 of the Carlsbad Municipal Code and, additionally, the Planning Commission shall have the right to refer any substantial amendments of a controversial nature to the City Council. 5. Planning Area 5 Any development of the property including hotels and/or commercial living units (timeshares) shall be subject to the approval of a Site Development Plan pursuant to Section 21.06 (Qualified Overlay Zone) of the Carlsbad Municipal Code. In addition, a hotel or commercial living unit (timeshare) shall be subject to the requirements of Section 21.42.010(10) of the Carlsbad Municipal Code. In addition to the above requirements, the City Council shall make the final decision to approve or disapprove the Site Development Plan. Any other uses proposed for this site that are not specifically addressed herein shall be subject to all applicable processing requirements of the underlying zone and Title 21 (Zoning) of the Carlsbad Municipal Code. 6. Planning Area 6 Any development of the property shall be subject to the approval of a Site Development Plan pursuant to Section 21.06 (Qualified Overlay Zone) of the Carlsbad Municipal Code. Any other uses proposed for this site that are not Carlsbad Ranch Specific Plan 206 VIII. SPECIFIC PLAN ADMINISTRATION A. INTRODUCTION Approval of this Specific Plan signifies acceptance by the City of a general framework as well as specific development standards for the build out of Carlsbad Ranch. It is anticipated that certain amendments to the specific plan may be necessary during the development of the area. Any amendments to the specific plan shall occur in accordance with the Carlsbad General Plan and the amendment process described in this section. Amendments may be initiated by the City Council or the property owner. Amendments to the Carlsbad Ranch Specific Plan shall be subject to the review and approval of the City Council provided public input has been solicited through public hearings. The Planning Commission shall first hear and consider all applications for an amendment to the specific plan. The Planning Commission shall prepare a recommendation and findings on all applications for an amendment to the City Council. As required by the Government Code and the California Environmental Quality Act all agencies significantly affected by the amendment to the plan shall also be notified of the proposed action prior to approving the amendment of the specific plan. Depending on the extent and impact of tee-a proposed Specific Plan Amendment, a subsequent Environmental Impact Report or mitigated negative declaration which focuses on the new impacts may be warranted. Two categories of amendments to the Specific Plan can be processed: Minor and Major Specific Plan Amendments. B. STATE REQUIREMENTS As contained in Section 65450, et. seq. of the California Government Code, a specific plan shall be prepared, adopted, and amended in the same manner as a general plan, except that a specific plan may be adopted by resolution or by ordinance and may be amended as often as deemed necessary by the legislative body. No specific plan may be adopted or amended unless the proposed plan or amendment is consistent with the City's General Plan. C. LOCAL REQUIREMENTS It is anticipated that certain amendments to the specific plan may be necessary during the development of the area. Any amendments to the specific plan shall occur in accordance with the Carlsbad General Plan. The amendment process is described below. Amendments may be initiated by the City Council or the property owner. All amendments shall be submitted to the California Coastal Commission for their review and approval, prior to their enactment, in accordance with the Coastal Act of 1976 and the California Code of Regulations. Carlsbad Ranch Specific Plan 237 1. MINOR SPECIFIC PLAN AMENDMENTS Minor amendments that meet the criteria noted below shall be reviewed for approval administratively by the Planning Director: a. Expansions or reductions of up to 10% in area may be allowed by the Planning Director. b. Realignment or modification of internal streets serving the project, lot lines, site access locations, easement locations and grading adjustments, if approved by Planning Director and City Engineer. c. Minor modifications that do not change the densities or uses of the subject property as determined bv the Planning Director. d. Modification of design criteria such as minor architectural style or detail changes, landscape treatments, fencing, lighting, etc.. provided the modifications are in substantial conformance with purpose and intent of the design criteria in the Specific Plan; and with the baseline approval of the subject project. A Local Coastal Program Amendment will not be required for Minor Specific Plan Amendments. 2. MAJOR SPECIFIC PLAN AMENDMENTS All modifications to the Carlsbad Ranch Specific Plan that do not meet the criteria of a Minor Amendment as determined bv the Planning Director through the criteria listed above shall require a Major Specific Plan Amendment. Major Amendments to the Carlsbad Ranch Specific Plan shall be reviewed and acted upon bv the City Council, after a recommendation of the Planning Commission . This Specific Plan was prepared pursuant to California Government Code Section 65450, et. seq. and is partial implementation of the Mello II Segment of the Local Coastal Program. All Major Amendments to the Carlsbad Ranch Specific Plan shall be submitted to the California Coastal Commission for their review and approval of a corresponding Local Coastal Program Amendment, prior to their enactment, in accordance with the Coastal Act of 1976 and the California Code of Requlations(Title 14. Division 5.5: California Coastal Commission Administrative Regulations). Carlsbad Ranch Specific Plan 238 Major Amendments to the Specific Plan shall be processed in accordance with the applicable requirements of law, which include Section 65450, et. seq. of the California Government Code, the California Coastal Act of 1976, and the California Code of Regulations (Title 14, Division 5.5; California Coastal Commission Administrative Regulations). Carlsbad Ranch Specific Plan 239 n20