The URL can be used to link to this page

Home My WebLink About2009-10-27; City Council; CS-066; Legoland Inner Park...1 ORDINANCE NO. CS-066 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING A SPECIFIC PLAN 3 AMENDMENT AND LOCAL COASTAL PROGRAM AMENDMENT TO AMEND THE CARLSBAD RANCH SPECIFIC 4 PLAN AND ACCEPT THE CALIFORNIA COASTAL COMMISSION'S SUGGESTED MODIFICATIONS THAT 5 REQUIRE ALL SPECIFIC PLAN AMENDMENTS BE APPROVED BY THE CITY COUNCIL AND CALIFORNIA COASTAL 6 COMMISSION. CASE NAME: LEGOLAND INNER PARK 7 CASE NO.: SP 207(F)/LCPA 90-08(E) 8 WHEREAS, the Planning Commission did on December 5, 2007 hold a duly 9 noticed public hearing as prescribed by law to consider Specific Plan Amendment (SP 207(F)) 10 and Local Coastal Program Amendment (LCPA 09-08(E)) to amend the text of the Carlsbad 11 Ranch Specific Plan to allow for an administrative approval process for Legoland Inner Park 12 improvements, modify the allowed uses to include overnight uses, and to define Minor and Major Specific Plan Amendments; and WHEREAS, the Planning Commission adopted Planning Commission Resolutions No. 6356 and 6357 recommending to the City Council approval of SP 207(F) and 16 LCPA 90-08(E); and 17 WHEREAS, the City Council did on February 5, 2008, hold a duly noticed public 1 O hearing as prescribed by law to consider said SP 207(F) and LCPA 90-08(E), and introduced 19 Ordinance No. NS-875 to approve SP 207(F), and adopted Resolution No. 2008-028, approving 20 LCPA 90-08(E), the effective date of which was subject to the California Coastal Commission's 21 approval of said LCPA; and 22 WHEREAS, the City Council did on February 12, 2008, adopt Ordinance No. NS- 23 875, approving SP 207(F), the effective date of which was subject to the California Coastal 94 Commission's approval of LCPA 90-08(E); and 25 WHEREAS, on September 9, 2009, the California Coastal Commission approved LCPA 90-08(E) with suggested modifications; and 27 28 1 WHEREAS, the City Council did on October 20, 2009, hold a hearing to consider 2 the California Coastal Commission modifications to SP 207)F) and LCPA 90-08(E); and, 3 WHEREAS, accepting and administering the California Coastal Commission's 4 suggested modifications, as set forth in this ordinance, is necessary to comply with the 5 California Coastal Act and California Administrative Code. 6 NOW, THEREFORE, the City Council of the City of Carlsbad, California does 7 ordain as follows: 1. Modify Section VIII - Specific Plan Administration - Section A as follows: 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 by 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 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. Minor Specific Plan Amendments may be eligible for reduced processing fees. However, all other regulations that apply to 2Q processing a Specific Plan amendment shall remain in place and will apply to both Minor and Major Specific Plan Amendments. 21 All amendments shall be submitted to the California Coastal Commission for its review and 22 approval, prior to their enactment, in accordance with the Coastal Act of 1976 and the California Code of Regulations. 23 2. Modify Section VIII - Specific Plan Administration - Section C as follows: 24 1. MINOR SPECIFIC PLAN AMENDMENTS 25 Minor amendments that meet the criteria noted below shall be reviewed for approval 26 administratively by the Planning Director: 27 28 -2- 1 Projects that meet the criteria noted below shall be processed as Minor Specific Plan 2 Amendments. The Planning Director shall make the determination as to whether a project meets the following criteria: 3 a. Expansions or reductions of up to 10% in area may be allowed by the Planning 4 Director. 5 b. Realignment or modification of internal streets serving the project, lot lines, site access locations, easement locations and grading adjustments, if approved by 6 Planning Director and City Engineer. 7 c. Minor modifications that do not change the densities or uses of the subject property as determined by the Planning Director. 8 d. Modification of design criteria such as minor architectural style or detail changes, 9 landscape treatments, fencing, lighting, etc., provided the modifications are in substantial conformance with purpose and intent of the design criteria in the 10 Specific Plan; and with the baseline approval of the subject project. 11 A Local Coastal Program Amendment will not be required for Minor Specific Plan Amendments. 12 This Specific Plan was prepared pursuant to California Government Code Section 65450. et. sea, and is partial implementation of the Mello II Segment of the Local Coastal Program. All 13 Minor Amendments to the Carlsbad Ranch Specific Plan shall be submitted to the California Coastal Commission for its review and certification of a corresponding Local Coastal Program 14 Amendment, prior to their enactment, in accordance with the Coastal Act of 1976 and the California Code of Regulations (Title 14. Division 5.5: California Coastal Commission 15 Administrative Regulations). 16 Minor amendments to the Specific Plan shall be processed in accordance with the applicable reguirements of law, which include Section 65450. et. seg. of the California Government Code. 17 the California Coastal Act of 1976. and the California Code of Regulations (Title 14. Division 5.5: California Coastal Commission Administrative Regulations).18 19 EFFECTIVE DATE: This ordinance shall be effective no sooner than thirty days 20 after its adoption but not until certified by the California Coastal Commission, and the City Clerk 21 shall certify to the adoption of this ordinance and cause it to be published at least once in a 22 publication of general circulation in the City of Carlsbad within fifteen days after its adoption. 23 /// 24 /// 25 /// 26 a, 27 /// 28 -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 INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the day 27th of October, 2009, and thereafter. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 27th day of October . 2009, by the following vote to wit: AYES: COUNCIL MEMBERS Lewis, Kulchin, Hall, Packard, and Blackburn. NOES: None. ABSENT: None. ABSTAIN: None. APPROVED AS TO FORM AND LEGALITY ONALD R. BALL, City Attorney ATTEST: LORRAINE M (SEAL)