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HomeMy WebLinkAbout1996-01-09; City Council; 13464 Exhibit 1; Carlsbad Ranch Specific Plan1 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 28 Eghibif / A& lqL4 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 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 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. -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 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 -3- I 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 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: -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 7. 8. 9. 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 : -5- 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 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: -6- 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 : : : : : 11 IP :a : : 3 i I 3 PLANTING AREA ,