HomeMy WebLinkAbout1996-01-09; City Council; 13464 Exhibit 1; Carlsbad Ranch Specific Plan1
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RESOLUTION NO. 96-l 1 /sl%
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA CERTIFYING PROGRAM
ENVIRONMENTAL IMPACT REPORT 94-01, APPROVING
CANDIDATE FINDINGS OF FACT, THE STATEMENT OF
OVERRIDING CONSIDERATIONS AND THE
MITIGATION MONITORING AND REPORTING
PROGRAM, AND APPROVING A GENERAL PLAN
AMENDMENT, LOCAL COASTAL PROGRAM
AMENDMENT, ZONE CHANGE, SPECIFIC PLAN
AMENDMENTS, LOCAL FACILITIES MANAGEMENT
PLAN AMENDMENT, AND A DEVELOPMENT
AGREEMENT FOR THE CARLSBAD
RANCH/LEGOLAND SPECIFIC PLAN AMENDMENT
PROJECT ON 471.6 ACRES GENERALLY LOCATED
NORTH OF PALOMAR AIRPORT ROAD, SOUTH OF
THE FUTURE CANNON ROAD EXTENSION (EXCEPT
FOR AN AREA OF APPROXIMATELY 24.2 ACRES
LOCATED ON THE NORTH SIDE OF CANNON ROAD),
EAST OF PASEO DEL NORTE, AND WEST OF LOCAL
FACILITIES MANAGEMENT ZONES 5 AND 8.
CASE NAME: CARLSBAD RANCH/LEGOLAND
SPECIFIC PLAN AMENDMENT
CASE NO: EIR 94-Ol/GPA 94-03/LCPA 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 Commission held
a duly noticed public hearing to consider a proposed Environmental Impact Report (EIR
94-01), General Plan Amendment (GPA 94-03) Local Coastal Program Amendment (LCPA
90-08(B)), Zone Change (ZC 94-02) Specific Plan Amendment (SP 207(A)), Specific Plan
Amendment (SP 144(G)), Local Facilities Management Plan Amendment (LFMP 87-13(B)),
and Development Agreement (DA 94-01) for project development on 471.6 acres of land
and adopted Resolutions Nos. 3844, 3845, 3846, 3847, 3848, 3849, 3850, and 3854
respectively, recommending to the City Council that they be approved; and
WHEREAS, the City Council of the City of Carlsbad, on January 9,1996 held
a public hearing to consider the recommendations and heard all persons interested in or
opposed to EIR 94-Ol/GPA 94-03/LCPA 90-08(B)/ZC 94-02/SP 207(A)/SP 144(G)/LFMP
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87-13(B)/DA 94-01; and
WHEREAS, an Environmental Impact Report was prepared and submitted
to the State Clearinghouse and a Notice of Completion filed, published, and mailed to
responsible agencies and interested parties providing a 45 day review period. All comments
received from that review period are fully incorporated into the conditions of approval for
the project and these conditions will be reviewed through a mitigation monitoring and
reporting program set up for this project,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Carlsbad, California, as follows:
1.
2.
3.
4.
5.
That the above recitations are true and correct.
That the Environmental Impact Report (EIR 94-01) on the above referenced
project is certified and that the Candidate Findings of Fact, Statement of
Overriding Considerations, and the Mitigation Monitoring and Reporting
Program are approved and that the findings and conditions of the Planning
Commission contained in Planning Commission Resolution No. 3844, cm file
with the City Clerk and incorporated herein by reference, are the findings and
conditions of the City Council.
That the recommendation of the Planning Commission for the approval of the
General Plan Amendment (GPA 94-03) is approved and that the findings and
conditions of the Planning Commission contained in Planning Commrwon
Resolution No. 3845, on file with the City Clerk and incorporated hcrcr n hy
reference, are the findings and conditions of the City Council.
That the recommendation of the Planning Commission for the appro\‘al ( 11 the
Local Coastal Program Amendment (LCPA 90-08(B)) is approved ,rnd that
the findings and conditions of the Planning Commission contained in Pl~nnmg
Commission Resolution No. 3846, on file with the City (Jerk md
incorporated herein by reference, are the findings and conditions of the <?ty
Council.
That the recommendation of the Planning Commission for the approv;il of the
Zone Change (ZC 94-02) is approved and that the findings and condmcms of
the Planning Commission contained in Planning Commission Resolution No.
3847, on file with the City Clerk and incorporated herein by reference. .lrc the
findings and conditions of the City Council and Ordinance NS-3-U \h,lll be
contemporaneously adopted.
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6. That the recommendation of the Planning Commission for the approval of the
Carlsbad Ranch/LEGOLAND Specific Plan Amendment (SP 207(A)) is
approved with the amendments listed below and that the findings and
conditions of the Planning Commission contained in Planning Commission
Resolution No. 3848, on file with the City Clerk and incorporated herein by
reference, are the findings and conditions of the City Council and Ordinance
No. NS-344 shall be contemporaneously adopted.
a> Flower Fields. Amend page 174, to include new Section H.l.a.i, and
renumber the remaining subsections to add the following:
The Flower Fields shall remain in flower production in
perpetuity. The landowner will plant an open-field
flowering crop every year, substantially in the area as
shown in the Flower Field Figure 49(A). If the
landowner desires to change or modify this obligation,
landowner will provide a five-year advance notice to the
City Council, accompanied by an alternative agricultural
use proposal which landowner intends to initiate at the
end of said five years. The City Council shall hold a hearing to review and approve the proposed alternative.
Additionally, the City and landowner shall investigate
and may implement any methods available to allow the
continuation of flower production in accordance with the
General Plan. This Condition shall be evidenced by a
deed restriction and inclusion of notice in the CC&R’s
restricting Planning Area 7 to agricultural use.
In addition, the City shall have the Right of First Offer on the Flower
Fields which shall read:
Subject to any Right of First Offer held by LEG0 Park
Planning, Inc., Landowner shall grant to City an
exclusive Right of First Offer (“First Offer Right”) to
acquire the Flower Fields at a purchase price and upon
such other terms and conditions as Landowner would be
willing to accept from any third party. Landowner shall
not sell all or any portion of the Flower Fields (other
than to a party purchasing for purposes of continuing
the open field flower business with a continued
obligation to provide this First Offer) without (i) first
offering the property to City by written notice at a
purchase price and upon such other terms and
conditions that Landowner would be willing to accept
from any third party, and (ii) City’s failure to elect to
purchase on such terms and conditions by written notice
to Landowner within 90 days of said notice. Any sale at
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a purchase price of less than 90% of the price at which
the property has been offered to the City shall not be
made without first offering the City the right to
purchase at this price upon 60 days notice, to purchase
the property.
The foregoing First Offer Right shall survive any
transfer by the Landowner to any affiliate of Landowner
and shall be included in a deed restriction for Planning
Area 7.
b) Building Height. Amend page 69, Section A.1, Building Height and
page 134, Section d. Building Height of the Carlsbad Ranch Specific
Plan to add “except as modified in this section” to the end of the first
sentence.
Amend page 69, Section A1.d. and page 134, Section d.iv., to read as
follows:
The allowed height protrusions as described in Section
21.46.020 of the Carlsbad Municipal Code do not exceed
45 feet; with the exception of architectural features and
exhibits which may be permitted up to 55 feet in height
if the City Council makes the specific findings that the
protruding architectural features or exhibits (1) do not
function to provide usable floor area; (2) do not
accommodate and/or screen building equipment; (3) do
not adversely impact adjacent properties; (4) are
necessary to ensure a building’s or exhibit’s design
excellence; and (5) are restricted to no more than 3
percent of the total roof surface area of the structure
from which it protrudes, or in the case of exhibits within
Planning Area 4, that they be restricted to no more than
3% of the aggregate of the exhibit as measured from
each exhibit’s base, upon review of a Site Development
Plan approved by the City Council.
Cl Timeshare. Amend page 117, Section D.l.a., Permitted Uses, and
page 164, Section F.l.a., Permitted Uses to delete “Commercial Living
Units (Timeshare)” and replace it as follows:
Commercial Living Units. (Timeshare) may be permitted
by the City Council in conjunction with a hotel project.
Amend page 219, Section 3, Paragraph 1 and page 220, Section 5,
Paragraph 1 by the addition of the following to the end of the
paragraph:
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7.
8.
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10.
11.
In addition to the above requirements, the City Council
shall make the final decision to approve or disapprove
the Site Development Plan.
That the recommendation of the Planning Commission for the approval of the
SDG&E Encina Specific Plan Amendment (SP 144(G)) is approved and that
the findings and conditions of the Planning Commission contained in Planning
Commission Resolution No. 3849, on file with the City Clerk and
incorporated herein by reference are the findings and conditions of the City
Council and Ordinance No. NS-345 shall be contemporaneously adopted.
That the recommendation of the Planning Commission for the approval of the
Local Facilities Management Plan Amendment (LFMP 87-13(B)) is approved
and that the findings and conditions of the Planning Commission contained
in Planning Commission Resolution No. 3850, on file with the City Clerk and
incorporated herein by reference are the findings and conditions of the City
Council.
That the recommendation of the Planning Commission for the approval of the
Development Agreement (DA 94-01) is approved and that the findings and conditions of the Planning Commission contained in Planning Commission
Resolution No. 3854, on file with the City Clerk and incorporated herein by
reference, are the findings and conditions of the City Council and Ordinance
No. NS-346 shall be contemporaneously adopted.
That these approvals are further subject to the condition that within 30 days
of approval of the Carlsbad Ranch/LEGOLAND project by the California
Coastal Commission, the applicant shall provide an agreement to the
satisfaction of the City Attorney and the City Manager that the applicant will
indemnify and hold harmless the City and its officers, employees, and agents
from any and all costs of defense including any judgments, attorney fees, costs
and expenses arising out of an action attacking the adequacy of the
environmental documents or any other approvals pertaining to this project.
This action is final the date this resolution is adopted by the City Council.
The provision of Chapter 1.16 of the Carlsbad Municipal Code; “Time Limits
for Judicial Review” shall apply:
“NOTICE TO APPLICANT+’
“The time within which judicial review of this decision must be sought is governed by Code
of Civil Procedure, Section 1094.6, which has been made applicable in the City of Carlsbad
by Carlsbad Municipal Code Chapter 1.16. Any petition or other paper seeking judicial
review must be filed in the appropriate court not later than the ninetieth day following the :
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date on which this decision becomes final; however, if within ten days after the decision
becomes final a request for the record of the proceedings accompanied by the required
deposit in an amount sufficient to cover the estimated cost of preparation of such record,
the time within which such petition may be filed in court is extended to not later than the
thirtieth day following the date on which the record is either personally delivered or mailed
to the party, or his attorney of record, if he has one. A written request for the preparation
of the record of the proceedings shall be filed with the City Clerk, City of Carlsbad, 1200
Carlsbad Village Drive, Carlsbad, California 92008.”
EFFECTIVE DATE: This resolution shall be effective upon its adoption,
except as to the General Plan Amendment, which shall be effective thirty (30) days following
its adoption.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City
Council of the City of Carlsbad on the 9th day of January 1996, by the following vote,
to wit:
AYES: Council Members Lewis, Nygaard, Kulchin, Finnila and Hall
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
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VKING I f
\ - ---- ;T?<-m
LAND USE: AGRICULTURE
GROSS PARCEL AREA: 53.42 ACRES
DEVELOPMENT PROGRAM: CONTINUATION OF CURRENT USE-
FLOWER BULB, CUT FLOWER PRODUCTION.
APPROXIMATE PLANTING AREA (INCLUDING FARM
ROADS AND PEDESTRIAN PATHS).
Figm 4QA
PLANNING AREA 7 - FLOWER FIELDS
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IP :a : : 3 i I
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PLANTING AREA
,