HomeMy WebLinkAbout1996-01-09; City Council; 13464 Exhibit 9; Carlsbad Ranch Specific PlanP.C. AGENDA OF: December 6, 1995
Application complete date: August 15,lW
Project Planner: Don Neu
Project Engineer: Jim Davis
SUBJECT: EIR 94-01 GPA 94-03 (BYZC 94-02/SP 207tA)/SP 144tG)/LFMP / /LC PA 90-08
87=13(BKT 94-09/PUD 94-07/HDP 94-07/DA 94-01 - CARLSBAD RANCW
LEGOLAND SPECIFIC PLAN AMENDMENT - Request for the certification
of a Program Environmental Impact Report, and approval of Candidate
Findings of Fact, Statement of Overriding Considerations, Mitigation
Monitoring and Reporting Program, General Plan Amendment, Local Coastal
Program Amendment, Zone Change, Specific Plan Amendments, Local
Facilities Management Plan Amendment, Tentative Tract Map, Nonresidential
Planned Unit Development, Hillside Development Permit, and Development
Agreement. Proposed land uses include LEGGLAND, destination resort,
hotel/timeshare, golf course, commercial, office, research and development,
related light manufacturing, a vocational school campus, and agriculture on
a total of 471.6 acres. The project site is 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 De1 Norte, and west of the boundary of Local Facilities Management
Zones 5 and 8.
I. RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolution No. 3844
RECOMMENDING CERTIFICATION of EIR 94-01, ADOPT Planning Commission
Resolution Nos. 3845, 3846, 3847, 3848, 3849, 3850, and 3854, RECOMMENDING
APPROVAL of GPA 94-03, LCPA 90-08(B), ZC 94-02, SP 207(A), SP 144(G), LFMP 87-
13(B), and DA 94-01, and ADOPT Planning Commission Resolution Nos. 3851,3852, and
3853, APPROVING CI 94-09, PUD 94-07, and HDP 94-07, based on the findings and
subject to the conditions contained therein.
II. INTRODUCTION
This application proposes an amendment to the Carlsbad Ranch Specific Plan to
significantly reduce the office/research and development component of the plan and add
recreational, retail, and visitor serving land uses. Development in areas restricted to
agricultural uses in the existing plan is proposed. Proposed land uses for the Specific Plan
Amendment reflect a mix of compatible and complementary non-residential uses, including
EIR 94-Ol/GPA 94-O3/LCPA 90-08(B)/ZC 9-P 207(A)/sP 144(t)/ LFMP 87-13(B)/CT 94-09/I’UD 94-07/HDP 94-07/DA 96Ol-
CAIUSBAD RANCH/LEGOLAND SPECIFIC PLAN AMENDMENT
DECEMBER 6,1995
office, research and development, related light manufacturing, commercial, hotel/timeshare,
destination resort, golf course, agriculture, a vocational school campus and LEGOLAND
Carlsbad. The amendment proposes increasing the land area of the original specific plan
from 423.51 acres to 447.40 acres an increase of 23.89 acres. Related discretionary
approvals to implement the specific plan amendment are also proposed. The proposed
project actions are in compliance with all applicable plans, ordinances, standards and
policies.
III. PROJECT DESCRIPTION AND BACKGROUND
The Carltas Company is requesting several discretionary approvals for an area totaling 471.6
acres. Approval of the project will allow the development of office, research and
development, related light manufacturing, commercial, hotel/timeshare, destination resort,
golf course, agriculture, a vocational school campus, and LEO Car&bad, on a total
of 447.40 acres. Additionally, the proposed project will involve the development of a
portion of the proposed golf course on a 24.2 acre parcel under SIX&E ownership, and
improvements to the I-S/Cannon Road interchange. The following is a list of the approvals
requested as part of this project:
1. Certifkation of the Environmental Impact Report. A Program Environmental
Impact Report (EIR) was prepared for the project. The EIR analyzed the potential
impact of development pursuant to the proposed specific plan and related actions.
The environmental issue areas analyzed in the EIR are Agricultural Resources; Air
Quality; Archaeological and Paleontological Resources; Biological Resources;
Traffic/Circulation; Hazardous Waste/Pesticide Residue; Land Use Compatibility;
Noise; Public Services and Utilities; Solid Waste; Visual Aesthetics/Grading; and
Water Quality.
2. General Plan Amendment. The applicant is requesting an amendment to the
General Plan Land Use Map as follows:
Existing General Plan Land Use Designations: . Office/Planned Industrial (O/PI)
l Community Commercial/Office/Phumed Industrial (C/O/PI) . Travel/Recreation Commercial/Community Commercial (T-R/C) . Community Commercial (C)
l ~Planned Industrial (PI) . Open Space (OS) a Unplanned Area (UA)
Pronosed General Plan Land Use Designations: a Office/Planned Industrial (O/PI) . Regional Commercial (R) . Travel/Recreation Commercial/Community Commercial (T-R/C)
EIR 94WGPA 94-03/LCPA 90-08(B)/ZC 94WSP 207(A)/SP 144(b)/ LFMP 8743(B)/cT 94WPUD 94-07/HDP 94-07/DA 94-Ol-
CAIUSBAD RANCH/LBGoLAND SPECIFIC PLAN AMENDMENT
DECEMBER 6,1995
3.
. Travel/Recreation Commercial (T-R)
l Open Space (OS)
The exhibits attached to the Planning Commission Resolution for the General Plan
Amendment show the proposed changes graphically.
Included is an adjustment to the official open space and conservation map to adjust
the open space boundary placed over the golf driving range area to be consistent with
the new land use boundaries. An amendment to the circulation element is also
proposed to replace Hidden Valley Road as a circulation element road with Armada
Drive.
Local Coastal Program Amendment. The proposal includes amendments to the text of the Agua Hedionda and Mello II Segments of the Local Coastal Program as well
as amendments to the Mello II I-and Use Plan Map. Also proposed are amendments
to the implementation plan which consist of zone changes as well as text amendments to the Carlsbad Ranch Specific Plan and the Coastal Agricultural Overlay Zone.
These actions will make the General Plan, Zoning, and Carlsbad Ranch Specific Plan
consistent with the Local Coastal Program. Acceptance of suggested modifications
for Local Coastal Program Amendment 90-08 previously approved by the California
Coastal Commission is also proposed.
4. Zone Change. A zone change is proposed to make the zoning consistent with the
proposed General Plan and Local Coastal Program land use designations. The
requested zone change is as follows:
Existing Zoning De&nations: . Office/Planned Industrial, Qualified Development Overlay Zone (O-Q/P-M-Q) . General Commercial/Office/Planned Industrial, Qualified Development
Overlay Zone (C-2-Q/O-Q/P-M-Q) . Commercial-Tourist/General Commercial, Qualified Development Overlay
Zone (C-T-Q/C-2-Q) 0 General Commercial, Qualified Development Overlay Zone (C-2-Q) 0 Planned Industrial (P-M) 0 Exclusive Agricultural (E-A) . open Space (0s)
l Public Utility (P-U)
Pronosed Zonine Designations: . Office/Planned Industrial, Qualified Development Overlay Zone (O-a/P-M-Q) e Commercial-Tourist/General Commercial, Qualified Development Overlay
Zone (C-T-Q/C-2-Q) 0 General Commercial, Qualified Development Overlay Zone (C-2-Q) . Commercial-Tourist, Qualified Development Overlay Zone (C-T-Q) . Open Space (OS)
EIR 94-Ol/GPA 9403/LCF~ 9@08(B)/ZC 944WSP 207(A)/SP 144(q/ LFMF’ 87=13(B)/CT 944WPUD 9607/HDP 94-07/DA 94-Ol-
CARLSBAD RANCH/IEGOLAND SPECIFIC PLAN AMENDMENT
DECEMBER 6,1995
5.
6.
7.
8.
9.
10.
11.
The exhibits attached to the Planning Commission Resolution for the Zone Change
show the proposed changes graphically.
Carisbad Ranch Specific Plan Amendment. An amendment to the adopted specific
plan is proposed which increases the land area of the original specific plan by 23.89
acres. This increase includes the transfer of 28.56 acres from Zone 5 to Zone 13
which is located along the southeast boundary of the project and the inclusion of 3.33
acres south of Cannon Road. The amendment also changes the proposed land uses
for the Specific Plan. Although some of the uses will be similar in type to the
original Carlsbad Ranch Specific Plan, there will be a reduced office/research and
development component and the focus of the project will be recreational, retail, and
visitor serving land uses. Development in areas previously retained for agricultural
use is proposed.
SDG&E Specifk Plan Amendment. An amendment is proposed to the boundaries
of the SDG&E Encina Specific Plan to remove 24.2 acres from the specific plan area.
The existing Encina Specific Plan consists of an approving ordinance and a land use
map. The revised land use map will supersede the current map and become a part
of the existing Encina Specific Plan.
Local Facilities Management Plan Amendments (Zones 13 and 5). The amendment
is proposed to reflect the changes in land use and adjustments to the Zone 13
boundary. The boundary adjustment incorporates an area which was formerly within
Zone 5 and transfers it into Zone 13.
Master Tentative Tract Map. Approval of a Master Tentative Map for the area
covered by the Carlsbad Ranch Specific Plan is proposed. The tentative map
proposes 18 lots and one private street lot. Four lots created by the previous Final
Maps recorded on the property are labeled as existing and will not be re-mapped.
Non-Residentiai Planned Unit Development Permit. A Non-residential Planned Unit
Development Permit is proposed to allow for Street “D” within Planning Area 2
(Research and Development/Office) to be a private street with special design
features.
Hillside Development Permit. Proposed grading of the project site must be in
conformance with the City’s Hillside Development Ordinance. The purpose of this
permit is to review this conformance.
Development Agreement. LEG0 Park Planning, Incorporated is requesting approval
of a Development Agreement for Planning Area 4 (LEGOLAND Car&bad).
Approval of a Development Agreement would provide the City and the applicant
certain assurances that, during the specified term of the Development Agreement,
LEGOLAND can be developed in accordance with the Specific Plan and other City
h
EIR 94-Ol/GPA 94-03/LCPfi 90-08(B)/ZC 94oz/sP uyI(A)/SP 144(t)/ LFMP 87-13(B)/m 9409/PUD 94-07/HDP 94-07/DA 96Ol-
CARLSBAD RANCHLEGQLAND SPECIFIC PLAN AMENDMENT DECEMBER 6,1995 PAGE 5
rules, regulations and requirements in effect on the effective date of the
Development Agreement.
Cancellation of a Land Conservation Contract (Williamson Act)
Actions also required for the project but which are subject to City Council approval only
include: (1) an amendment to the Land Conservation Contract to make it consistent with existing government code requirements, (2) cancellation of a Land Conservation (Williamson
Act) Contract on portions of the property, and (3) an amendment to the agricultural
preserve boundaries. The proposed project includes a request for cancellation of the
Williamson Act Land Conservation Contract on approximately 182.49 acres of the total
328.84 acres under contract. The Carlsbad Ranch Specific Plan contains an exhibit showing
the areas proposed for contract cancellation. The boundaries of the agricultural preserve
will be revised to cover only the acres remaining under contract. The approvals necessary
for the project have been conditioned to require the approval of the contract cancellation.
General Plan, Zonlng & Existing Land Use For Adjacent Properties
The existing general plan and zoning designations for the site were listed under preceding
items 2 and 4. The following table lists the General Plan, Zoning, and existing land use for
the adjacent properties:
General plan Zoning Existing Land Use
1 North I P-U lm ‘culture
11 South 1 T-R, R, PI C-T-Q, C-2-Q, GC 7-11, Nurseryland, Price Club, Vacant
II East I PI, OS I P-M, OS I Vacant
West C-2-Q, C-T-Q Car Country, Vacant, Pea SOUP Anderson’s
Site Description
The project site is composed of gently rolling topography and contains three north-south
trending ridges. Almost all of the site has been disturbed by agricultural operations.
Cultivation still occurs on areas of the site. Environmentally constrained areas of the site
consist of approximately 12 acres of steep slopes exceeding 25% in the northeast and
southeast comers of the property. The steep slopes in the northeastern portion of the site
adjacent to Macario Canyon contain coastal sage scrub and mixed chaparral.
The elevations of the project site range from 260 feet above mean sea level at the eastern
boundary of the site to 60 feet above mean sea level along Paseo De1 Norte south of Car
Country Drive.
EIR 94-Ol/GPA 94-03/LCPfi 90-08(B)/ZC 9-P 207(A)/SP 144(cr~/
LIMP 87=13(B)/CT 944WPUD 94-07/HDP 9407/DA 94-01 - CARLSBAD RANCII/LEGOLAND SPECIFIC PLAN AMENDMENT
DECEMBER 6,1995
PAGE 6
Prior Actions on the Site
The Carlsbad Ranch Specific Plan (SP 207) was originally approved by the City Council on
March 16, 1993. A number of discretionary actions were approved concurrently with the
Specific Plan including a General Plan Amendment, Local Coastal Plan Amendment, Zone
Change, Tentative Map, Hillside Development Permit, Land Conservation Contract
Amendment, and a Local Facilities Management Plan Amendment for Zone 13. A Program
Environmental Impact Report (EIR 91-03) was prepared for the project and certified by the
City Council on March 16, 1993. The approved Specific Plan allows for development on
approximately 92.6 acres of the 423.5 acre planning area. The remaining 330.9 acres is
restricted to agricultural uses until an amendment to the Specific Plan is approved. The
section of this report addressing the Carlsbad Ranch Specific Plan Amendment will include
a comparison of development potential between the approved plan and the proposed
amendment.
Three of the four units of the approved tentative map have been followed through to
recordation of final maps. The Gemological Institute of America (GIA) received Planning
Commission approval of a Site Development Plan on December 7,1994 under the approved
specific plan. Grading has occurred to implement the recorded final map for units 1 and
2. The GIA facility is presently under construction.
This proposed project is subject to the following plans, ordinances, standards and policies:
A.
B.
C.
D.
E.
F.
G.
H.
I.
Environmental Protection Procedures (Title 19) and the California
Environmental Quality Act (CEQA).
General Plan
Agua Hedionda and Mello II Segments of the Local Coastal Program
Carlsbad Municipal Code, Title 21, Chapter 21.52, Zoning Amendments
Carlsbad Ranch Specific Plan (SP 207)
SDG&E Encina Power Plant Specific Plan (SP 144)
Growth Management Ordinance (Local Facilities Management Plan Zones 5
and 13)
Subdivision Ordinance (Title 20 of the Carlsbad Municipal Code)
Non-residential Planned Development Ordinance (Chapter 21.47 of the
zoning ordinance)
EIR 94Ol/GPA 9403/LCPA 90-08(B)/ZC 9-P 207(A)/SP 144(t)/ LFMP 87-13(B)/CX 94-09/PUD 94-07/HDP 9607/DA 96Ol- CARLSBAD RANCH/LEGGLAND SPECIFIC PLAN AMENDMENT DECEMBER 6.1995
J. Hillside Development Ordinance (Chapter 21.95 of the Zoning Ordinance)
K Development Agreement Ordinance (Chapter 21.70 of the Zoning Ordinance)
IV. ANALYSIS
The recommendation of approval for this project was developed by analyzing the project’s
consistency with the applicable policies and regulations listed above. The following analysis
section discusses compliance with each of these regulations/policies utilizing both text and
tables.
k ENVIRONMENTAL PROTECTION PROCEDURES (TITLE 19) AND THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT
A Program Environmental Impact Report (EIR) was prepared for the project in compliance
with the Environmental Protection Procedures (Title 19) of the Carlsbad Municipal Code
and the California Environmental Quality Act (CEQA). The EIR addresses the
environmental impacts associated with all discretionary applications for the proposed project
including ultimate buildout of the entire project. In addition to the sections required by
CEQA the EIR analyzed the following areas of potential environmental impact:
1.
2. 3.
4.
2:
7.
8.
9.
10.
11.
12.
Agricultural Resources
Air Quality Archaeological and Paleontological Resources
Biological Resources
Traffic/Circulation
Hazardous Waste/Pesticide Residue
Land Use Compatibility
Noise
Public Services and Utilities
Solid Waste
Visual Aesthetics/Grading
Water Quality
The conclusion reached on the 12 areas of potential environmental impact fell into one of
three different categories. The three categories are (1) unavoidable significant
environmental impacts, (2) significant environmental impacts that can be avoided or
mitigated, and (3) impacts considered in the EIR but found to be less than significant.
Unavoidable Significant Environmental Imoacts
Based on the data and conclusions of the EIR it has been found that the project will result
in significant cumulative impacts to air quality, agriculture, and traffic which cannot be fully
mitigated. These cumulative impacts are regional in nature and occur in areas outside the
EIR 94-Ol/GPA 94-03LCFn 90-08(B)/ZC 9-P 207(A)/SP 144(clj/
LFMP 87=13(B)/CT 94-09/PUD 9607/HDP 94-07/DA 9601 -
CARLSBAD RANCHLEG0LAND SPECIFIC PLAN AMENDMENT
DECEMBER 6.1995
jurisdiction of the City. Cumulative unavoidable traffic impacts occur on certain segments
of SR-78 and I-5.
Sianificant Environmental Imnacts That Can Be Avoided or Mitieated
Mitigation measures are proposed for the following environmental impact areas to mitigate
significant environmental impacts: (1) Air Quality, (2) Archaeological and Paleontological
Resources, (3) Biological Resources, (4) Traffic Circulation, (5) Hazardous Waste/Pesticide
Residue, (6) I-and Use Compatibility, (7) Noise, (8) Public Services and Utilities, (9) Solid
Waste, and (10) Visual Aesthetics/Grading. The mitigation measures are contained in the
EIR as well as the Mitigation Monitoring and Reporting Program attached to the EIR
Resolution.
Imnacts Found To Be Less Than Significant
The following enviromnental impact areas were analyzed in the EIR but found to have
impacts which are less than significant: (1) Agricultural Resources at the project level, (2)
Public Services and Utilities - Fire Protection Services, Sewer and Wastewater Treatment
Facilities, Schools, Gas and Electric, and Effect on City Emergency Response Plans, and (3)
Water Quality.
In order to approve the project, a Statement of Overriding Considerations must be adopted
pursuant to Sections 15093 and 15126(b) of the CEQA Guidelines. A Statement of
overriding Considerations has been prepared and is attached to the Planning Commission
Resolution for the EIR. Staff is requesting that the Planning Commission recommend that
the City Council Certify the EIR and adopt the proposed CEQA Findings and Statement
of Overriding Considerations.
B. GENERAL PLAN
Development of the land uses proposed in the Carlsbad Ranch/LEGGLAND Specific Plan
Amendment requires approval of a General Plan Amendment. The proposed amendment
consists of changing designations on the land use map as indicated on the exhibits attached
to the Planning Commission Resolution for General Plan Amendment 94-03, as well as an
amendment to the circulation element to replace Hidden Valley Road with Armada Drive.
Because the amendments to the land use map include an adjustment to the boundaries of
the official open space and conservation map additional findings are required and have been
made in the General Plan Amendment Resolution.
The three major General Plan issue areas identified for this project are in regard to land
use compatibility, circulation impacts and improvements, and agricultural land conversion.
The proposed nonresidential land uses are appropriate for the site given the property’s
location relative to Palomar Airport, Interstate 5 and adjacent Circulation Element roads.
The proposed land uses will ultimately allow development which will impact the circulation
1 3=
EIR 94-Ol/GPA 94-03/LCPfi 9048(B)/ZC 9-P 207(A)/SP 144(b~/
LFMP 87=13(B)/ClY 94-09/PUD 94-07/HDP 94-07/DA 94-01 -
CARLSBAD RANCH/LEGtXAND SPECIFIC PLAN AMENDMENT
DECEMBER 6,1995
system and require the construction of roads in the vicinity of the project identified on the
Circulation Element. The other actions associated with the project detail the required
circulation improvements which are necessary, their cost, and the timing for completion.
The replacement of Hidden Valley Road north of Palomar Airport Road with Armada
Drive and LEG0 Drive is environmentally superior. Hidden Valley Road will still be
constructed to provide secondary access to the Veterans Memorial Park property and the
Resort and LEGOLAND Planning areas. The conversion of agricultural land for the project
is supported by goals and policies listed in the General Plan which identify the flower field
area for preservation with conversion occurring on lands which are not as productive or
visible from major public viewpoints.
The proposed designations will allow for a mix of non-residential land uses which are
compatible with each other as well as General Plan designations on adjacent properties. The
table included in the project description section of this report lists the General Plan Land
Use Designation on adjacent properties. The proposed land uses are appropriate for the site
given the location of the property near the geographic center of the city with access from
a Prime and Major Arterial to Interstate 5. Table 5-17 in the Carlsbad Ranch Specific Plan
Amendment Program EIR 94-01, prepared by Cotton/Beland/Associates, compares the relationship of the proposed project to General Plan Goals, Objectives, and Policies. Table
5-17 and the findings contained in the Planning Commission Resolution for GPA 94-03
demonstrate that the proposed land use designations and the project are consistent with the
General Plan.
C. AGUA HEDIONDA & MELLO II SEGMENTS OF THE LOCAL COASTAL
PROGRAM
Amendments are proposed to the Local Coastal Program (LCP) to allow for development
of the project and establish consistency with the General Plan, Zoning, and Carlsbad
Ranch/LEGGLAND Specific Plan Amendment. The majority of the project is within the
Mello II Segment with the exception of the acreage north of Cannon Road which is within
the Agua Hedionda Segment. Suggested modifications approved by the California CoastaI
Commission as part of Local Coastal Program Amendment 90-08 are recommended for
acceptance. This will assist the City in obtaining effective certification within the Mello II
Segment. This Local Coastal Program Amendment subsequently modifies many of the
suggested modifications.
Aura Hedionda Segment
The amendment to the Agua Hedionda Segment includes a revision to Policy 2-2
(Agriculture) to permit a 24.2 acre area adjacent to and north of Cannon Road to be
utilized as part of a proposed golf course and allowing for it to be zoned as Gpen Space (G-
S) rather than Exclusive Agriculture (E-A). In addition a zone change from Public Utility
(P-U) to Open Space (O-S) is proposed on this 24.2 acre area.
EIR 94-Ol/GPA 94-03/LCPA 90-08(B)/ZC 9-P 207(A)/SP 144(G)/ LFMP 87=13(B)/CI 94-09/PUD 94-07/HDP 94-M/DA 94-01-
CAIUSBAD RANCHLEGCXAND SPECIFIC PLAN AMENDMENT
DECEMBER 6.1995
Mello II Segment
Proposed amendments to the Mello II Segment include revisions to Policy 2-l (Conservation
of Agricultural Lands) to: (1) Apply Policy 2-l to the area of the Carlsbad Ranch within the
agricultural preserve with the exception of the approximately 53.42 acres to be retained for
agricultural use and (2) Provide that any acreage under the control of a public entity for use
as public recreation or open space will be exempt from Policy 2-l. This amendment
provides the process to allow development of lands previously under Williamson Act
Agricultural Contract provided compliance with the agricultural conversion mitigation
requirements applied to other properties in the Mello II Segment is achieved. The Coastal
Commission established precedent for this approach when they applied Policy 2-l to the 24.5
acre golf driving range approved in the existing specific plan. Policy 2-2 is applicable to the
Carlsbad Ranch property only and allowed a limited amount of development which was not
subject to the conservation of agricultural lands Policy 2-l.
Also proposed are amendments to Policy 2-2 (Carlsbad Ranch Specific Plan “Mixed-Use”
Development) to: (1) Provide that development of land within the agricultural preserve will
be subject to approval of a Local Coastal Program Amendment, Specific Plan Amendment
and compliance with Policy 2-l and (2) Reducing the structure setback from 50 feet to a
minimum of 25 feet from the adjacent agricultural area. Revision number 1 to this policy
serves to tie the requirements of Policy 2-l to the areas of the Carlsbad Ranch not allowed
to develop under the Carlsbad Ranch “Mixed-Use” Development policy. The second
revision to this policy that deals with reducing the structure setback from the agricultural
area to 25 feet is supported by analysis conducted by Soil and Plant Laboratory, Inc.
The structural setback from the agricultural area is proposed to provide a buffer to mitigate
(1) the impact of dust and other air borne materials on developed areas and the associated
conflicts between agricultural and urban development, (2) the risk of uninvited human
intrusion into the agricultural area, and (3) where relevant the impacts of light and shadow
on agriculture. It has been concluded that each of these functions is fulfilled by the
proposed use of walls, berming with landscaping, and a 25 foot development setback. The
development areas adjacent to the agricultural area are limited as roadways will create the
majority of the perimeter for the Flower Fields. The soil texture on the flower field site is
low in silt and clay content and, therefore, low in potential for dust generation, particularly
if soil is moist during operations. The agricultural operation will also utilize a service road along its perimeter of between 15 and 20 feet providing additional separation. Prevailing
air movement is from west to east but is normally gentle.
The amendments to the implementation plan consist of revisions to the Coastal Agricultural
Overlay to apply the overlay to the Carlsbad Ranch property within the agricultural
preserve, with the exception of the approximately 53.42 acres which are to be retained for
agricultural use.
EIR 94-Ol/GPA 94-03/LCPA 90-08(B)/ZC 94-oz/sP 207(A)/SP 144(bJd LFMP 87-13(B)/CI. 94-09/PUD 94-07/HDP 94-07/DA 94-01-
CARLSBAD RANCH/LEGGLAND SPECIFIC PLAN AMENDMENT DECEMBER 6,1995
Amendments to the Mello II Land Use Plan Map to revise land use designations to be
consistent with the proposed General Plan land uses are proposed. The amendments are
shown graphically on the exhibits attached to the Planning Commission Resolution for the
Local Coastal Program Amendment. Zone changes to achieve consistency with the
proposed Land Use Plan designations are proposed.
The Carlsbad Ranch Specific Plan which is the implementation plan for this area of the
gello II Segment of the LCP is proposed to be revised to accommodate the land use
changes. Considering the above, the proposed project is consistent with the applicable
policies of the appropriate Local Coastal Program Segments, as amended.
D. CARLSBAD MUNICIPAL CODE, TlTLE 21, CHAPTER 2132, ZONING
AMENDMENTS
The applicant is requesting approval of a zone change as described in the project description
and background section of this report. The zone change is necessary to achieve consistency
with the proposed General Plan, Local Coastal Program, and Specific Plan Amendment
designations. The nonresidential uses allowed by the proposed zone change are compatible
with surrounding existing and proposed agricultural and nonresidential uses. The Q-Overlay
Zone made a part of the proposed zone change, provides the City with discretionary review
over development of the site to assure that allowed uses are compatible with surrounding
land uses and conform to the requirements of the Carlsbad Ranch Specific Plan
Amendment. This supports the specific plan requirement that a Site Development Plan be
approved for each parcel by alerting persons checking the zoning map that such an
application is required.
The Carlsbad Ranch Specific Plan Amendment takes precedence over the proposed zones
as it contains a modified list of permitted uses as well as design guidelines not found in the
zoning ordinance. The proposed zone change is consistent with the goals and policies of the
various elements of the General Plan, in that rezoning the site to the proposed designations
Will:
a. preserve the flower field area east of I-5 to the first ridgeline between Cannon
Road and Palomar Airport Road as well as preserve additional open space as
part of a larger open space system consistent with Policy C.4 (Agricultural
Policies) of the Land Use Element and Goal A.1 of the Open Space and
Conservation Element;
b. provide for the development of a variety of land uses which have been
carefully planned to maximize the best use of the site, and contribute to the
economic viability of the city in compliance with Goal A.3 of the Land Use
Element;
33O
EIR 94-Ol/GPA 9603/LCPh 9@08(B)/ZC 94-02/SP 207(A)/SP 144(t)/
LFMP 87-13(B)/CT 94-09/PUD 94-07/HDP 94-07/DA 94-01 -
CARLSBAD RANCWLEGOLAND SPECIFIC PLAN AMENDMENT
DECEMBER 6,1995
PAGE 12
C. permit the development of recreational and tourist oriented land uses which
serve visitors, employees of the industrial and business centers as well as
residents of the city in conformance with Goal A.4 (Commercial Goals) of the
Land Use Element.
E. CARLSBAD RANCH SPECIFIC PLAN
Government Code Section 65451 governs the content of specific plans. The Carlsbad Ranch
Specific Plan Amendment contains all information required by state law. The plan consists
of both a text and diagrams which specify the following in detail: (1) distribution and
location of land uses, (2) infrastructure, (3) development standards, (4) implementation
measures including financing measures, and (5) a statement of the relationship of the
specific plan to the general plan.
The amended specific plan is intended to replace the Carlsbad Ranch Specific Plan
approved in 1993. The amendment proposes retaining several of the uses and features of
the original plan with the addition of development of primarily tourist oriented land uses
in areas presently limited to agricultural uses. The original specific plan proposed
development only in those areas not subject to a Williamson Act Land Conservation
Contract. The original specific plan acknowledged on page 16 that, “Given the nature and
restrictions of the Land Conservation Contract, planning for the area within the Agricultural
Preserve is premature at this time. However, future development within the Agricultural
Preserve has been anticipated and planned for by the Zone 13 Local Facilities Management
Plan (LFMP) .” The amendment also proposes increasing the land area of the original
specific plan by 23.89 acres.
The amended specific plan proposes the creation of nine planning areas. Development
standards and design guidelines are specified for each planning area. The proposed
planning areas are as follows:
1.
2.
3.
4.
i:
7.
8.
9.
PI arming Area 1 - Gemological Institute of America
Pl arming Area 2 - Research and Development
PI arming Area 3 - Hotel/Retail
PI anning Area 4 - LEGOLAND Carlsbad
PI arming Area 5 - Resort
Pl arming Area 6 - Speciality Retail
PI arming Area 7 - Flower Fields
Pl arming Area 8 - Golf Course
PI arming Area 9 - Natural Open Space
The development standards and design guidelines provided in the specific plan amendment
are adequate to properly develop the property. The standards and design guidelines will be
implemented when the required site development plans for each parcel are submitted. The
proposed standards address typical zoning issues such as permitted uses, setbacks, building
33’
EIR 94-Ol/GPA 94-03/LCk, 9@08(B)/ZC 94WSP 207(A)/SP 144&,/
LFMP 87=13(B)/= 94-09/PUD 94-07/HDP 94-07/DA 94-01-
CARLSBAD RANCHLEGOLAND SPECIFICPIANAMENDMENT DECEMBER 6,1995
height, parking requirements, etc. The design guidelines in contrast address character and
urban design issues relative to the proposed development program such as building
orientation, building form and massing, architectural character, building materials, and
landscape materials.
The following tables compare the development acreage and building square footage by use
type of the approved specific plan with the proposed amendment. A comparison of the
traffic generation of the approved specific plan with the proposed amendment is contained
in the Growth Management section of this staff report.
COMPARISON OF THE ACREAGE BY USE TYPE OF THE APPROVED CARLSBAD
RANCH SPECIFIC PLAN (SP 207) TO THE PROPOSED AMENDMENT (SP 207(A))
I SP 207
I
SP 207(A)
(PLAN APPROVED IN 1993) (PROPOSED AMENDMENT)
Total Acreage of Project I 423.5 Acres*
Total Acreage of
I
17.8 Acres
Institutional Uses (GIA)
Total Acreage of OfIlce/R&D 44.4 Acres
uses I
Total Acreage of Retail Uses 13.6 Acres
447.40 Acres+
28.93 Acres
40.01 Acres
27.75 Acres
Community Hotel
Resort
11.1 Acres
0.0 Acres
9.38 Acres
52.80 Acres
LEGOLAND I 0.0 Acres I--- 129.26 Acres
I
24.5 Acres (Driving Range) 72.07 Acres (7 Holes plus 2 on
SDG&E Property)
Flower Relds I 39.1 Acres I 53.42 Acres
Agricultural Land/Native
Open Space I
267.3 Acres 10.00 Acres
COMPARISON OF THE BUILDING SQUARE FOOTAGE BY USE TYPE
II Total plan Square Footage 1 1,880,OOO Sq. Ft.* 1 2,934,830 Sq. Ft. II
Total Sq. Ft. of Institutional Uses (CIA) 330,000 Sq. Ft. 550,000 Sq. Ft.
Total Sq. Ft. of OficeJR%D Uses 1,120,OOO Sq. Ft. 800,000 Sq. Ft.
EIR 94-Ol/GPA 94-03/LCPh 90-08(B)/ZC 9602/sP 207(A)/SP 144(b~/
LFMP 87=13(B)/CT 94WPUD 94-07/HDP 94-07/DA 94-01 -
CARLSBAD RANCWLEGOLAND SPECIFIC PLAN AMENDMENT
DECEMBER 6.1995
Total Sq. Ft. of Retail Uses
Total Sq. Ft. of Community Hotel
Total Sq. Ft. of Resort
LEGOLAND
7 The approved Zo I3LmalE
development on then&&bad Ranch
of 2,766,100 square feet of develops
~ 220,000 Sq. Ft. 1320,000 Sq. Ft. I
210,000 Sq. FL 192,080 Sq. Ft. (280 Rooms) I
OSq.Ft.
I
647,000 Sq. Ft.
(700 Rooms) I
Property for facilities plamring purposes. A total
ent was projected for the Carlsbad Ranch.
If approved the Carlsbad Ranch Specific Plan Amendment will become the controlling
document for the site. It implements the General Plan, Zoning, applicable policies
governing the site, and complies with LCP requirements for the property requiring the
development of a specific plan. The plan provides a comprehensive program for
development of the Carlsbad Ranch property.
F. SDG&E ENCINA POWER PLANT SPECIFIC PLAN (SP 144)
The proposed amendment to the SDG&E En&a Specific Plan is to modify the boundaries
of the plan area to remove approximately 24.2 acres from the specific plan. The Encina
Specific Plan applies to the SDG&E power plant on the west side of Interstate 5 as well as
property north of Cannon Road on the east side of the freeway. The area involved in the
boundary change is north of Cannon Road, east of Interstate 5 and south of the existing
utility corridor. The Encina Specific Plan consists of an approving ordinance and a land use
map. The area involved is not a part of the Hub Park Lease area. The 24.2 acre area is
proposed to be utilized as part of the golf course development planned on the Carlsbad
Ranch Property as well as to provide access to the Resort Planning Area. It provides a
connection between Golf Course Planning Areas 8 a and 8 b. Connections to this area will
be made by constructing either over or under crossings at Cannon Road. No further
amendments are proposed to be made to the Encina Specific Plan. The General Plan
designation for the property is Gpen Space and the zoning designation is Public Utility. The
zone change proposal for the project will change the zoning on this 24.2 acre area to Gpen
Space. Approval of a conditional use permit will then be needed to proceed with
development of the golf course use.
G. LOCAL FACILITIES MANAGEMENT PLAN AMENDMENT (ZONE 13 AND 5)
An amendment is proposed to the Zone 13 Local Facilities Management Plan (LFMP) to
reflect the proposed changes in land use and to adjust the boundary of the facilities zone
to remove 20.66 acres from Zone 5 and place it within Zone 13. The amended zone plan
is consistent with the maximum build out possible under the Carlsbad Ranch Specific Plan
EIR 96Ol/GPA 94-03/L,CPfi 9048(B)/ZC 94-Oz/sP 207(A)/SP 144(t,/ LFMP 87=13(B)/= 94-09/PUD 9407/HDP 94-07/DA 94-01-
CARLSBAD RANCIQLEGOLAND SPECIFIC PLAN AMENDMENT
DECEMBER 6,1995
Amendment. As with the existing buildout projections the proposed buildout is less than
what would be permitted utilizing a 30 percent yield for the General Plan Land Use
Designations. This is done so that development of the site can be adequately
accommodated by future circulation facilities. The impacts of the proposed project and
compliance with the adopted performance standards are summarized below:
As indicated the primary issue in regard to the facilities plan for zone 13 is traffic
generation. The following table wmpares the traffic generation of the approved Local
Facilities Management Plan for Zone 13 with the proposed amendment:
TRAFFIC GENERATION COMPARISON OF ZONE PLANS*
I APPROVED PROPOSED
I
DIFFERENCE
mNE13LFlm
1 TOTAL ADT (Average Daily Trips) 51,455 I 3 49 82 I -1,873
1 A.M. PEAK HOUR TOTAL ADT 5,516 I 3,070 I -2,446
II P.M. PEAK HOUR TOTAL ADT 6,289
* ADT for the SDG&E property is not included in this comparison as the numbers for
that property remain the same in both facilities plans.
EIR 94-Ol/GPA 94-03/LCFr, 9048(B)/ZC 944Q’SP 207(A)/SP 144(bJ/
LF’MF’ 87-13(B)/CT 94-09/PUD 9607/HDP 94-07/DA 94-01 -
CARLSBAD RANCHLEGOLAND SPECIFIC PLAN AMENDMENT
DECEMBER 6,1995
PAGE 16
The approved Zone 13 LFMP assumed development in the agricultural area for facilities
planning purposes. Therefore, the total amount of development analyzed is greater than
what was permitted under the original Carlsbad Ranch Specific Plan approved in 1993. As
is evident from the comparison of traffic generation the proposed project will result in a
reduction of traffic generation from what was previously planned for. The amended Zone
13 LFMP is intended to replace in its entirety the previously approved zone plan. All
growth management performance standards will be complied with.
H. SUBDIVISION ORDINANCE (TITLE 20 OF THE CARLSBAD MUNICIPAL
CODE)
The Carlsbad Municipal Code requires a tentative tract map to be filed in accordance with
Title 20 for the division of property into Gve or more lots. The applicant is requesting
approval of a Master Tentative Map for the area covered by the Carlsbad Ranch Specific
Plan Amendment. A total of 19 lots are proposed on 406.7 acres. The total acreage in the
tentative map is less than the acreage of the specific plan as four parcels created under the
previous map approved for the site have recorded and are not a part of the proposed
subdivision. Those parcels are labeled as existing, not a part, on the key map found on page
1 of the tentative map. The proposed tentative map is not a Revised Tentative map under
Title 20 but rather is a new replacement tentative map for the majority of the area covered
by the prior tentative map. The tentative map proposes separating the map into three units
for the purpose of final map recordation.
Tentative Map 94-09 would create 19 lots that include, 14 lots for future development, 4
open space lots, and 1 private street lot. The 14 development lots range in size from 3.38
acres to 128.32 acres. The four open space lots total 135.49 acres and include 2 golf course
lots, the flower field lot, and a lot to be preserved as native open space. As designed and
conditioned the tentative tract map complies with all city requirements, including the
Subdivision Ordinance, and the State Map Act. The lots proposed to remain under
Williamson Act Contract also comply with the minimum lot area requirement of 10 acres
in the agricultural preserve. The project as conditioned would provide all necessary
improvements and all findings required by Title 20 can be made and are contained in the
Planning Commission Resolution for CT 94-09. The project is therefore consistent with
Title 20, the Subdivision Ordinance.
I. NON-RESIDENTIAL PLANNED DEVELOPMENT ORDINANCE (CHAPTER21.47
OF THE ZONING ORDINANCE)
The applicant is requesting approval of a non-residential planned development permit to
allow for Street “D” (Lot 13 of CT 94-09) within Planning Area 2 (Research and
Development/Office) to be a private street with special design features. Planning Area 2
of the Carlsbad Ranch Specific Plan is located between Armada Drive on the west and
LEG0 Drive on the east. The proposed private street is located entirely within Planning
Area 2 and intersects Armada Drive at the north end and at the south end of the planning
EIR 9dOllGPA 94-03/LCPA 90-08(B)/ZC 9-P 207(A)/SP 144(t)/ LFMP 87-13(B)/CI 94-09/PUD 94-07/HDP 94-07/DA 94-01- CARISBAD RANCH/LEGGLAND SPECIFIC PLAN AMENDMENT DECEMBER 6,1995
area. Since LEG0 Drive is the main access to LEGOLAND, access to the lots within the
eastern portion of Planning Area 2 is not permitted from LEG0 Drive. The private street
will provide the necessary access to the lots on the east side of Planning Area 2. This will
reduce the possible traffic conflicts with vehicles entering LEGOLAND.
The street sections contained on sheet 2 of Master Tentative Map 94-09 and the Carlsbad
Ranch Specific Plan depict the street cross section for Street “D”. A 40 foot curb to curb
width is proposed which will allow parking only on the east side of the street. A meandering
sidewalk is proposed on the east side of the street. This is based on the fact that lots on the
west side of the street front on Armada Drive which contains a public sidewalk providing
pedestrian access to the promenade on the west side of the road. A twenty foot building
and landscape setback measured from the face of curb for Street “D” is proposed. This
setback is in comparison to the 30 foot building and landscape setback from Armada Drive
and the 35 foot building and landscape setback from the eastern lot line of lots adjacent to
LEG0 Drive. The proposed setbacks in combination with the proposed private street
provide for the greatest building separation in areas where a different land use is proposed
or where seen from primary access ways.
J. HILLSIDE DEVELOPMENT ORDINANCE (CHAPTER 2158 OF THE ZONING
ORDINANCE)
A Hillside Development Permit is required for the project as the property contains slopes
of 15 percent or more and has an elevation differential greater than 15 feet. The purpose
of this permit is to review the project for conformance with the Hillside Development
Ordinance. The development proposal is in conformance with the overall intent, purpose
and requirements of the Hillside Development Ordinance. The project does not propose
alteration of significant hillside natural resource areas. Recontouring several previously
graded areas of the site is proposed to establish a more naturally appearing hillside along
Palomar Airport Road. Manufactured 2 to 1 cut and fill slopes will not exceed 30 feet in
height and all will be visually screened with landscaping. The project’s grading volume of
6,118 cubic yards per graded acre is defined as “acceptable” pursuant to Zoning Ordinance
Section 21.95.060 (j)(3).
The project’s hillside slope conditions and undevelopable areas have been identified on the
constraints map. Natural slopes over 40 percent in grade containing native vegetation will
remain undisturbed. The manufactured and isolated slopes to be graded are being
recommended for exclusion from the requirements of the Hillside Development Ordinance
as provided in Section 21.95090.
K. DEVELOPMENTAGREEMENTORDINANCE(CHAPTER21.70OFTHEZONING
ORDINANCE)
A Development Agreement is being requested for the LEG0 portion of the Carlsbad Ranch
Specific Plan (Parcel 18). None of the other portions of the Ranch project are proposed
EIR 94WGPA 94-03/LCPfi 9048(B)/ZC 9-P 207(A)/SP 144(cr~/
LFMP 87-13(B)/CT 94-09/PUD 94WHDP 94-07DA 94-01 -
CARLSBAD RANCHLEGOLAND SPECIFIC PLAN AMENDMENT
DECEMBER 6.1995
to be covered by the Agreement. The Development Agreement would give LEG0 the
“vested” right to develop their portion of the project in accordance with the Amended
Specific Plan, the related approvals and the conditions imposed on the approvals in return
for certain commitments being made to the City as discussed later in this portion of the staff
report. Normally, rights for a project vest when a building permit is issued and substantial
expenditures are made in reliance on the permit. With a Development Agreement,
however, rights to develop the project for the length (term) of the agreement are vested
when the project approvals are given. A Development Agreement is a contract that binds
both the City and the developer, setting forth the applicable terms and conditions under
which the project may proceed. So long as the developer is not in default, the City may not
change the City’s land use rules applicable to the project (except as provided in the
Development Agreement). In return, the developer is obligated to perform its obligations
as set forth in the agreement.
This is the first Development Agreement considered by the City other than ones for
affordable housing projects. The Development Agreement Ordinance (Chapter 21.70 of the
Carlsbad Municipal Code) was recently amended by the City Council based on a
recommendation from the Planning Commission to allow for consideration of this type of
agreement. Prior to that time, the City’s ordinance only allowed for consideration of
Development Agreements in conjunction with affordable housing projects. The amendment to the Ordinance was processed as a result of strategies considered by the City Council
regarding Economic Development and the fact that state law mandates the City to have
procedures and requirements for Development Agreements in place when one is requested
by an applicant for any type of project. Subsequent to the adoption of the amended
Ordinance, the City Council also adopted a policy (Policy No. 56) which provides additional
guidance to the City in negotiating a Development Agreement. The Planning Commission
has previously been provided with a copy of both the amended Development Agreement
Ordinance and City Council Policy No. 56.
The proposed Development Agreement was drafted and negotiated by a staff review
committee consisting of the City Manager, City Attorney, Financial Management Director,
Community Development Director and the Planning Director. A legal consultant/attorney
was also utilized by staff. In addition, a two-member subcommittee of the City Council
provided some policy input into the negotiations.
Attachment Number 20 to the staff report is a more detailed summary of the provisions of
the proposed Development Agreement, however, the major features or elements of the
Agreement are highlighted and summarized below.
1. The Agreement requires LEG0 Park Planning Inc. (LPPI) to open
LEGOLAND within 5 years. LPPI can request 2 one-year extensions to the
required opening date upon the payment of an extension fee of $450,000 per
year. (Section 4.2.1)
EIR 944WGPA 9603/LCPfi 90-08(B)/ZC 94-02,‘SP 207(A)/SP 144(q/
LFMP 87-13(B)/CF 9409/PUD 94-07/HDP 94-07/DA 94-01-
C-BAD RANCIWLEGOLAND SPECIFIC PLAN AMENDMENT
DECEMBER 6,1995
2. If LPPI decides not to open LEGGLAND, it is required to make a “donation”
to the City in the amount of $5OO,ooO to cover City expenses for processing
the project. (Section 3.1.4.10)
3. The land use approvals for the LEG0 Project are vested during the time
required for the opening of the Park and additionally, the Agreement provides
for vesting of the approvals for 5 years of operation after the Park is opened.
Although LPPI has indicated its intention to open LEGGLAND by the end
of 1999, the Agreement gives them 5 years to open after the Agreement is
approved which would allow them until approximately January 2001. They
also could request the 2 one-year extensions upon the payment of the
extension fee. Therefore, since the agreement would be in effect for 5 years
after opening, the total term of the Agreement would be for approximately
9 years to a maximum of 12 years. (Section 4.2.2)
4. During the term of the Agreement, LPPI has the right to develop and use
Parcel 18 in accordance with the land uses, densities and intensities, the
zoning, and the development standards, conditions and improvement
requirements specified in the Specific Plan, the other Project Approvals and
the Applicable Rules (collectively, “Vested Rules”). The Vested Rules shall
include the standards and requirements for public facilities, parking, open
space, setbacks, landscaping and signage set forth in the Specific Plan.
(Section 3.1.1)
5. LPPI is required to process a Site Development Plan for the actual site design
of the LEGGLAND Park and the City has the right to condition the plan as
long as those conditions are not inconsistent with the Specific Plan, the other
previous approvals and the Vested Rules. Subject to certain exemptions such
as an emergency or state or federal preemption, the City cannot apply any
new or amended ordinances, resolutions, rules, regulations, requirements or
policies that are inconsistent with the Vested Rules, so as to prevent or
materially, adversely affect development, construction or operation of Parcel
18 in accordance with the Vested Rules. (Section 3.1.2)
6. Development Impact fees are not vested by the Agreement. The fees paid for
the development of LEGGLAND shall be those in effect at the time the fees
are normally charged. Increased or new fees are permitted as long as they are
not applied only to LEGGLAND in a discriminatory manner and no other
project or use in the City. (Section 3.3)
7. The agreement requires ongoing compliance with the Growth Management
Plan. During the 5 year term of the Development Agreement after
LEGGLAND is open and operating, the Agreement requires and LPPI has
agreed to be subject to full compliance with the Growth Management Plan.
33%
EIR 94-Ol/GPA 9443/LCF, 9@08(B)/ZC 94-02/SP 207(A)/SP 144(~,/
LFMP 8743(B)/CT 9449/PUD 9447/HDP 94-07/DA 94-01-
CARLSBAD RANCH/LEGOL,WD SPECIFIC PLAN AMENDMENT
DECEMBER 6,199s
PAGE 20
8.
9.
10.
11.
Should there be any unforeseen Growth Management problems, LPPI will pay
its fair share to resolve the problems. (Section 3.1.2.12)
Should the annual attendance at LEGOLAND exceed the 2.2 million
projection during the term of the Development Agreement, the Agreement
requires and LPPI has agreed to pay a “Quality of Life Fee” on each
admission exceeding 2.2 million annual admissions (attendance). There is an
accumulated cap on the fee of $3 million. The fee would be used on
programs that enhance the quality of life in Carlsbad and which are consistent
with the values of LEG0 and the City. (Section 3.1.4.8)
The Development Agreement provides a description of what LEGOUND
means, the park components that must be included and the operational
conditions. (Section 3.1.4.7)
Any assignment of LEGOLAlW or Parcel 18 to another entity other than
one affiliated with and controlled by LPPI requires the approval of the City
Council. In any case, any entity owning the Park can only operate it as a
LEGOIAND. (Section 3.15)
If LEGOLAND ceases operations or does not complete construction, LPPI
is required to clear the land (Parcel 18) of all theme park-type structures and
facilities. (Section 3.1.4.9)
The proposed Development Agreement is required to be in compliance with Section 65864
et seq. of the California Government Code and Chapter 21.70 of.the Carlsbad Municipal
Code. It must be reviewed for consistency with City Council Policy No. 56. Staff believes
that the proposed Development Agreement does conform with all the applicable state laws
and City Ordinances and Policies. The City Attorney has reviewed the Agreement and has
determined as with all state and city ordinances proposed, it legally conforms.
The Development Agreement has been prepared and processed in compliance with State
Law and the City’s Development Agreement Ordinance which provides the procedures and
standards for an agreement. The Agreement implements and legally references the other
project approvals being considered. It does not permit anything that is inconsistent or does
not conform to these other actions. It does not change or modify the zoning, General Plan
designations or Specific Plan regulations being considered under the other project actions.
It will not become effective unless the other project approvals are given. Therefore, it is
consistent with the General Plan, the zoning and the applicable Specific Plan for the
property.
The proposed development (LEGOLAND) for which the Development Agreement is being
requested will require a substantial expenditure by the applicant in terms of time, design and
holding costs and risk between the time of entitlement and construction. The development
Jsq
EIR 94WGPA 94-03/LCkrr 90-08(B)/ZC 94-OZ/SP 207(A)/SP 144&j/
LFMP 8743(B)/CT 94-09/PUD 94-07/HDP 94-07/DA 94-Ol-
CARLSBAD RANCHKtEG0LtWD SPECIFIC PLAN AMENDMENT
DECEMBER 6,1995
is a large, comprehensive one that will require significant time to design and construct.
Major public facilities and infrastructure will be required in order to open the development.
Therefore, a degree of certainty is needed so that if the project is approved, it can proceed
forward to construction and operation in accordance with existing rules and regulations and
project approvals. This is the primary reason why the applicant is requesting a Development
Agreement. It is also the reason why the state law was enacted enabling cities to enter into
this type of Agreement.
As stated previously, the Development Agreement contains a provision requiring compliance
with the Growth Management Plan. The applicant has agreed that if during the term of the
Agreement there are any unforeseen Growth Management problems, they will be subject
to the same rules and regulations as any other property in the City and will do their fair
share to resolve the problem. Therefore, approval of the Development Agreement is
entirely consistent with the City’s Growth Management Plan.
Staff believes the proposed Development Agreement includes legally binding commitments
by the applicant to provide substantial public benefits over and above those which the
applicant would otherwise be obligated to provide as a normal condition of project approval.
These commitments include:
1. A legal requirement to construct and open LEGGIAND within five years.
Normally, a project approval expires within a specified period of time but the
City cannot require the project to be built.
2. If the applicant decides not to build the LEGGLAND project, they are
required to make a financial payment to the City. This cannot be required as
a normal-type condition of approval.
3. If the construction of the project is not completed or the operations are
ceased, the property must be cleared of all theme-type structures. Again, this
is not a normal condition of approval.
4. The applicant has agreed to make a payment to the City if annual attendance
exceeds 2.2 million during the term of the Development Agreement.
These conditions will be in effect for the term of the proposed Development Agreement.
Without a Development Agreement or upon the expiration of the Agreement, these
conditions would not be applicable to the project.
Staff believes that the project will result in substantial economic benefits to the City. The
1 Financial Management Director has prepared a fiscal impact analysis of the project
addressing the benefits. The project itself will generate revenues for the City. In addition,
it will stimulate the development of other uses and parts of the Carlsbad Ranch project such
as the resort hotel which will generate substantial revenues for the City. It is highly unlikely
EIR 96Ol/GPA 94-03/LCIrr 90-08(B)/ZC 9-P 207(A)/SP 144@$
LFMP 8743(B)/CI- 94-09/PUD 94-07/HDP 94-07/DA 94-01- CARLSBAD RANCHLEGOLAND SPECIFIC PLAN AMENDMENT DECEMBER 6,1995 PAGE 22
that a resort hotel would develop at this time and at this location if it were not for the
proposal to have a LEGQLAND adjacent to it. Staff also believes that the project will
provide substantial public benefit to the community in terms of recreational, cultural and
social factors. A significant number of job opportunities will be created by the project.
For all these reasons, staff believes that a Development Agreement which provides more
certainty that the project will be built and which allows the applicant to proceed with the
project in accordance with existing policies, rules and regulations and project conditions is
justified.
v. ENVIRONMENTAL REVIEW
A Program Environmental Impact Report was prepared for the project as described
previously in this report. The Program EIR was prepared in accordance with the California
Environmental Quality Act (CEQA) of 1970; the Guidelines for the Implementation of the
California Environmental Quality Act (CEQA Guidelines) published by the Resources
Agency of the State of California; and the City of Carlsbad Environmental Protection
Ordinance (Chapter 19.04 of the Carlsbad Municipal Code). Twehe environmental issue
areas were analyzed. Significant cumulative impacts to air quality, agriculture, and traffic
were identified. A statement of overriding considerations must be adopted to approve the
project and has been prepared.
A’ITACHMENTS
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
Planning Commission Resolution No. 3844
Planning Commission Resolution No. 3845
Planning Commission Resolution No. 3846
Planning Commission Resolution No. 3847
Planning Commission Resolution No. 3848
Planning Commission Resolution No. 3849
Planning Commission Resolution No. 3850
Planning Commission Resolution No. 3851
Planning commission Resolution No. 3852
Pltig Commission Resolution No. 3853
Planning Commission Resolution No. 3854
Location Map
Background Data Sheet
Local Facilities Impact Assessment Form
Disclosure Statements
Full Size Exhibits “A” - “W”, dated December 6, 1995
(previously distributed; copy on He in the Planning Department)
DN:kI
November 1.1995
EIR 94-Ol/GPA 94-03/LCFt-. 9@08(B)/ZC 9-P 207(A)/SP 144(~,/
LFMP 87-13(B)/= 94-09/PUD 94-07/HDP 94-07/DA 94-01-
C-BAD RANCIQLEG0LAND SPECIFIC PLAN AMENDMENT
DECEMBER 6,1995
PAGE 23
17. Carlsbad Ranch Specific Plan, dated October 1995
(previously distributed; copy on file in the Planning Department)
18. Zone 13 Local Facilities Management Plan, dated October 1995
(previously distributed; copy on file in the Planning Department)
19. Carlsbad Ranch Specific Plan Amendment Final Program Environmental Impact
Report, dated November 1995
20.
(previously distributed; cow on file in the Planning Department)
LEG0 Development Agreement Summary.
DN:h November 1.1995 _
BACKGROUND DATA SHEET
CASE NO: EIR 94-Ol/GPA 94-03/LCPA 90-08(B)/ZC 9442/SP 207(A)/SP 144(G)/LFMP 87-
13(B)/CT 94-09/PUD 94-07/HDP 94-07 DA 94-01
CASE NAME: CARLSBAD RANCWLEGOLAND SPECIFIC PLAN AMENDMENT
APPLICANT: Carltas Companv
REQUEST AND LOCATION: Certification of a Program EIR. approval of a Snecific Plan
Amendment and related actions on nronertv located north of Palomar Airport Road. south of
future the future Cannon Road extension (except for an area of annroximatelv 24.2 acres located
on the north side of Cannon Road). east of Paseo De1 Norte. and west of the boundary of Local
Facilitv Management Zones 5 and 8.
LEGAL DESCRIPTION: A uortion of Lots “G” and “H” of Ranch0 Agua Hedionda, in the Citv
of Carlsbad, County of San Dieeo. State of California. according to the map thereof No. 823.
APN: 211-022-01.02.03.07.08.09.10.11.12.13: 211-023-01.02.03.04.05.06: 212-041-05
(Assessor’s Parcel Number)
Acres 471.6 Proposed No. of Lots/Units 19
GENERAL PLAN AND ZONING
Land Use Designation O/PI. R. T-R/C. T-R. OS
Density Allowed N/A Density Proposed N/A Existing Zone O-O/P-M-O. C-2-O/O-O/P-M-
O. C-T-0X-2-0. C-2-O. P-M. E-A. OS. P-U Proposed Zone O-O/P-M-Q. C-T-O/C-2-0. C-2-
0. C-T-O. OS
Surrounding Zoning and Land Use: (See attached for information on Carlsbad’s Zoning
Requirements)
zming
Site See above
Land Use
Agriculture, GIA Construction
North P-U Agriculture
South C-T-Q, C-2-Q, L-C 7-l 1, Nurseryland, Price Club, Vacant
P-M, OS
West C-2-Q, C-T-Q
Vacant
Car Country, Vacant, Pea Soup Anderson’s
PUBLIC FACILITIES
School District Carlsbad Water District Carlsbad
Equivalent Dwelling Units (Sewer Capacity) 1.341.2 Public Facilities Fee Agreement, dated July 5. 1994
Sewer District Carlsbad
ENVIRONMENTAL IMPACT ASSESSMENT
Negative Declaration, issued
x Certified Environmental Impact Report, dated November 1995 ZJC 3
Other,
CITY OF CARLSBAD
GROWTH MANAGEMENT PROGRAM
LOCAL FACILITIES IMPACTS ASSESSMENT FORM
(To be Submitted with Development Application)
PROJECT IDENTITY AND IMPACT ASSESSMENT:
FILE NAME AND NO: CARLSBAD RANCH/LEGOLAND SPECIFIC PLAN AMENDMENT - EIR
94-011GPA 94-03/LCPA 90-08(B)/ZC 94-O2/SP207(A)/SP 144(G)/LFMP 87-13(B)/CT 94-09/PUD 94-
071HDP 94-07/DA 94-01
LOCAL FACILITY MANAGEMENT ZONE. 13 f- GENERAL PLAN: O/PI, R, T-R/C, T-R, OS
ZONING: O-O/P-M-O. C-T-O/C-2-0. C-2-O. C-T-O. OS
DEVELOPERS NAME: Carltas Companv
ADDRESS: 5600 Avenida Encinas, Suite 100. Carlsbad. CA 92008
PHONE NO.: (619) 431-5600 ASSESSOR’S PARCEL NO.: 211-022-01.02,
03.07.08.09. 10. 11. 12. 13: 211-023-01, 02.03.04, 05.06: 212-041-05
QUANTITY OF LAND USE/DEVELOPMENT (AC., SQ. FT., DU): 471.6 Acres
ESTIMATED COMPLETION DATE: Year 2010
P I > City Adrnuustrative Facilities: Demand in Square Footage = N/A A.
B.
C.
D.
E.
F.
G.
H.
I.
J.
Library: Demand in Square Footage =
Wastewater Treatment Capacity (Calculate with J. Sewer)
Park: Demand in Acreage =
Drainage: Demand in CFS =
Identify Drainage Basin =
(Identify master plan facilities on site plan)
Circulation: Demand in ADTs =
(Identify Trip Distribution on site plan)
Fire: Served by Fire Station No. =
Open Space: Acreage Provided -
Schools:
N/A
1.341.2 EDU
$.4O/SO. FT.
N/A
N/A
*
49.582 ADT
STATION #4
119.03 ACRES
N/A
(Demands to be determined by staff)
Sewer: Demand in EDUs -
Identify Sub Basin -
1.341.2 EDU
South Agua Hedionda
and Buena ivallecitos
K.
(Identify trunk line(s) impacted on site plan)
Water: Demand in GPD - 716,035 GPD 3 4&
DISCLOSURESTATEMENT
APWCAHTS STATEMEW OF Dmuoeue OF CERfAJN -EmHIP lMEmsTsoNALLAppucATK)NBwHlcHwlu- DlSC-AC7lONONTHEPARTOfTHEcrrYCOUNCkORAfdYAPPOWED8QA#),~OR-
(Pl*aso Pfifl@ V--CsV-.-.“l~ r,t..i 5.., __
The following information must be disclosed: JUL 0 5 1994
1. Agalicarq ClTY OF CARLS&JD
List the names and addresses of -alI persons having a financial interest in the appli Pg#&?w4Q DEPT. . HofmanPlanninaAssoc~ 2386 Faraday Ave. Suite 120 Car&bad, CA 92008
2. Owner
List the names and addresses of all persons having any ownership interest in fhe property involved. Carltas Company 5600 Avenida Encinas #lOO Paul Ecke, Jr. Carlsbad, California 92008
Elisabeth K. Ecke Paul Ecke, III Llzbeth A. Ecke
Sara Ecke May
3 If any person identifbd pursuant to (1) ‘or (2) above is a corporation or partnership, list the names and addresses
of ail individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the
partnership.
e. If any person identified pursuant to (1) of (2) above is a non-p&It organitaion or a trust, list the names and
addresses of any person serving as offker or director of the non-profft organization or as trustee or beneficiary
of the trust.
5& 4
FRMOOO7 4/91
2075 Las Palmas Drive - Car&bad, California 92009-l 576 .- (619) 436-l 161 @
Dhclosure Statement
mwJ
Page 2
5. Have you had more than $250 worth of business transacted with eny member of City staly, Boards,
Commissions, C mmittees and Council within the past twelve months?
Yes - No 2 If yes, please indicate person(s)
(NOR: Aueh ddlctorul paga a tuc-=W
CARLTAS COMPANY
Christopher C. Calkins, Manager
Print of type name of oww
,/L/&L- -27-49
Signature of a&cant/date
Bill Hofman
Print of type name of applicant
FRMOOO7 4/91
a ._ . - ..C, -.,
DISCLOSURE STAlEMEN?’
i APPU-M’S STATCMCNT Of DISCLOSURE OF CERTAIN OWNERSHIP !NWWYs ON AU APPUCATIONS WHICH Wlu REQUIRE blscmmARY ACTION ON THE PART OF ?HE ClTy COUNCIL OR ANY APPOINTED 8QAI30, COMMISSION OR COMMITTgg.
Phss Print)
The following information must be dirdosad:
:, &bllcant
List the names and 8ddresses of 811 persons having a financial intorort in the rpplkation.
Hofman Planninc? -la
Lkt the names and addresses of all persons having any Ownership interest in the property involved.
Gwaical Institute of America, Inc. 1660 Stewart Street Santa Monica, CA 904U6
(GlA 1S a 3UJ.ICIW U-fit CO~PmaLivlr~
3. If any person identiflod pursuant to (1) or (2) above is a corporation or partnership, list the names and addresses of all Individuals owning more than 1096 of the shares in the corporation or owning any partnershlp intorest in the partnership.
4 It any person Identified pursuant to (1) or (2) abow is a non-profit organirrtion or a trust, list the names anc addressee of any person serving ea offker or dlrector of the non-pront orgmizrtlon or aa trustee or beneficiary Of the trust. PLEASE REFER TO ATTACHED
I
j: ,-& '34 lfJ:zg
0lscl0sur0 Srrtemont
ID:Giv af?P ic :q ‘;‘,;“ !~ i-m,, + _ i _ :.;J”L-~
(OA)
Page 2
5. Have you had more than $350 worth of business trrrnsacted with any member of city Staff, 8Oards,
Commissions, Commirtees and Council within the past twelve mOn?hs?
Yes - -No XXX If yes, please indicate person(s)
4
I lb dOlined U: ‘Any inalvidurl. firm, cepuInurhlp, jornt venture. ruocltiflan. rocial club, 1rrtWfW orgmixation. corporrlion, oatat& trurt. r@ccI~vo~.
rynaienr. thio md any other county. cy and county, cny munlclpalitY, dlrtrkt or othu politlcu ruEoivdon. or uty other group Of tOff?tiln~trOn rctlng u
i wlrt.’
(NOTE: AKach rddttiofwl prgw a$ n.COS8~,)
Courtney A. Walker
Print or type name of owner
.
=RMooOt 4191
Bill Hofmm
Print or type name of applicant
I
T.29 '94 1G:lG 12 :f;i;i I:CGP iiD .~ *..,.A’-,,/.9,-. I, -MA . .) *,,c&!bLA’.
WA Board of Govtmom
Frank M&v, Jr., Executive Chairmun
Richard T. Liddicoat, Chairman
James C. Clark, Vice Chairman
Eli Haas, Secrctury
Paul G. Bailey, Trcuwer
Arnold Bockstruck Carleton G. Broer
Gordon Brown, Ph.D.
Paul Campbell J. F. Ellis, Jr.
Kurt Nassau, Ph.D.
Glenn R. Nerd
Joseph H. Samuel, Jr.
Robert E. Spratford
Bert Krashes
Ralph Dcstino
GIA - Extcutivc Officers:
William E. Boyajian, President
Dennis I:oItz, Vice President of Educution
Courtney A. Walker, Vice Presidenti
Chief Financial OJkxwSecretar),asurer
DISCLOSURESTATEMENT
APPUCAHTS STATEMEHT OF WCLOSURE OF CERTAIN OWNEW INrERESs oN ALL APPUcArioNs WHICH WILL REWIRE DISCRETIONARY ACTION ON THE PART oP THE CrrY COUNCIL OR ANY AP#)INTEo -. COMMIWON OFI CoMMllTEE.
(PImae Prirlq
The following information must be disclosed:
p. _. 1_ .I_.. -. -a.-
1. &plicant MA!? 3 0 ‘535 .‘. *. : .
List the names and addresses of all persons having a financial interest in & a&kation . .
2386 FARADAY AVEMJE, STE 120 CARLSBAD, CA 92008
2. Owner
List the names and addresses of all persons having any ownership interest in the property involved.
S~DIEXX)GAS&EUXIRI~ 101 ASH m SAN DIEQD. CA 92101
3. lf any person identified pursuant to (1) or (2) above is a corporation or partnership, list the names and addresses
of all individuals owning more than 1096 of the shares in the corporation or owning any partnership interest in the
partnership.
4. If any person identified pursuant to (1) or (2) above is a non-profit organization or a trust, list the names and
addresses of any person serving as officer or director of the non-profit organization or as trustee or beneficiary
of the trust.
FM0007 4/91
2075 Las Palmas Drive l Carlsbad, California 92009-l 576 .* (619) 436-l 161
I
Disclosu~ Statemwt
mw
Page 2
5. Hav8 you had more than $250 worth of business transacted with any member of City staff, Boards,
COrTV?IiSSiOf?S, COmmittwS and counci/ within the past lb&v8 months?
Yes - No & If yes, please indicate person(s)
Pwson ia dafinod Y: ‘hy kdMduJ. (Inn. coeubude, ~v.nbJm uwddon, aocld dub, framd OrgMix~, cmpodon. mea, tlubt ~,ynd~,(h~~uy~eoun(y,~udooun(y,cilym~,dirbktor~mlirirrlrubdU~.oruy~OIouporcombin~
acting Y a unit’
(NO-: Altactl add#km+ pagap nacoamy.)
BILL HOFMN
Print or type name of owner Print of type name of applicant
-.-I,--‘- . . ..a
. J .“-I- A. a -a
MAR301995
n I
c. : :: ‘; CARLSAD
‘. “G Dj?T, _.__ iJ
FRMOOO7 4/91
Citv of Carlsbad (/ LW)
DISCLOSURE STATEMENT -
APPUCANrS STAfEMENT OF DISCLOSURE OF CERTAIN OWNERSHIP INTERESTS ON ALL @PtJCAnONS
WHICH wlu REQUIRE DISCREI’IONARY ACTION ON THE PART OF THE CrrY COUNCIL OR ANY APPOINTED
BOARD. COMMISSION OR COMMIITEE.
(Please Print)
The following information must be disclosed:
ADDkant
List the names and addresses of all persons having a financial interest in the application. Hofman Planning Associates
2386 Faraday Ave., Suite 170 Carl&ad, CA 92008
2. owner
List the names “fp/~~d;ses of all persons having any ownership interest in the property involved.
Ste (Cff
3. If any person identified pursuant to (1) or (2) above is a corporation or partnership, list the names
addresses of all individuals owning more than 1096 of the shares in the corporation or owning any partner:
interest in the partnership.
4. If any person identifkd pursuant to (1) or (2) abovo is a non-profit organization or a trust, list the names
addresses of any person serving as officer or director of the non-profit organization or as trustee or benefit
of the trust.
(Over)
Oisdosufe St&m Page 2
5. Have you had more than $250 worth of business transacted with any member of City staff, 8oar::
Commissions, Committees and Council within the past twelve months?
Yes - No - tf yes, please indicate person(s)
Person is defined as: ‘Any individual, firm, copartnenhip, joint venture, asaxiation, social club, fraternal j
ration. corporation, estate, trust, receiver, syndicate, this and any other county, city and county, crty municipality, district or other political subdivision. or any other group or combination acting as a unit.’ /
(NOTE: Attach additio?al pages as necessary.)
.’ .---y&%g; ’ . 1 - .-:,
- ,,wnature of Owner/date
,‘2 ,qn/ :P x: 3-3 E/d
Print or type name of owner
kz- 44
Bill Hofman
Print or type name of applicant
.
2. Owner
Carlsbad .Estate Holding, Inc.
A California Corp.
5600 Avenida Encinas, Suite 130
Carlsbad, CA 92008
INTERLEGO AG
A Swiss Company
Teknisk Forskning og Udvikling
Bachtalen 3 3
CH-6332 Hagendorn
Having an interest as an optionee:
LEG0 Park Planning, Inc.
A California Corporation
5600 Avenida En&as, Suite 130
Carlsbad, CA 92008
100% owned by LEG0 A/S
A Denmark Corporation
7190 Billund
Denmark
DISCLOSURE STATEMENT -
APPUCANTS STATEMENT OF OISCLOSURE OF CERTAIN OWNERSHIP INTERESTS ON AU APPUCAT~ONS
WHICH WILL REQUIRE DISCRmONARY ACTlON ON THE PART OF THE CrrY COUNCIL OR ANY APPOINTED
BOARD, COMMISSION OR COMMrT-IEE. \
(Please Prim)
The following information must be disclosed:
1. kolicarrt
List the names and addresses of all persons having a financial interest in the application.
Hofmn Planninu Associates 2386 Faraday Ave., Suite 120
Carl&ad, CA 92008
2.
3.
owmer
List the names and addresses of all persons having any ownership interest in the property involved. National Association of Music Merchants >14U Avenida Encinas
Carlsbad, CA 92008_
If any person identified pursuant to (1) or (2) above is a corporation or partnership, list the names
addresses of all individuals owning more than t 0% of the shares in the corporation or owning any partne
interest in the partnershio.
4. If any person identified pursuant to (1) or (2) above is a non-profit organitation or a trust, list the name:
addresses of any person serving as officer or director of the non-profit organization or as trustee or benef
of the trust. Larry R. Linkin, President/CEO narner.Paige, Chairman
Vice-C-
Paul Murphy. Treasurer Steve West, Secretary
(Over!
Oiscfosure StatenlWlt Page 2
5. Have you had more than 5250 worth of business transacted with any member of City staff, Boar
Commissions, Committees and Council within the past twelve months?
Yes - No - If yes, please indicate person(s)
i
Person is defined as: ‘Any individual, firm, copartner&’ up, joint venture, association. social club, fraternal sation. corporation, estate. trust, receiver, synckate, thii and any other county, city and county, crty
municip&y, district or ottw political suMM~ion. or any other group or combination acting as a Wt.’
(NOTC: Attach additional pages as necessary.)
k&J&-XC&&
Signature ‘of Owner/date
Larry R. Linkin, President/CEO &AfiM Bill Hofman
II-Z-95
Print or type name of w officer Print or type name of applicant
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