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HomeMy WebLinkAbout1996-01-09; City Council; 13464; Carlsbad Ranch/Legoland Specific PlanCITY OF CARLSBAD - AGENDA BILL /w 24 ,O fi AB # 17, %$ TITLZ;. ARLSBAD RANCH/LEGOLAND SPECIFIC PLAN DEPT. HD. MTG. !-?-%i AMENDMENT - EIR 94=Ol/GPA 9443/LCPA 90-08(B)/ CITY ATTY DEPT. PLN ti ZC 94-02/SP 207(A)/SP 144(G)/LFMP 87-13(B)/ AP 76-OlolpA 94-01 45 CITY MGR. RECOMMENDED ACTION: That the City Council ADOPT City Council Resolution No. 88-l CERTIFYING EIR 94-01, and APPROVING GPA 94-03, LCPA 90-08(B), ZC 94-02, SP 207(A), SP 144(G), DA 94- 01, and LFMP 87-13(B) as recommended for approval by the Planning Commission; ADOPT City Council Resolution No. 88-2 APPROVING amendments to and cancellation of portions of a Williamson Act Contract AP 78-01 (D); and INTRODUCE Ordinances No. NS-343, NS-344, NS-345, and NS-348, APPROVING ZC 84-02, SP 237(A), SP 144(G), and DA 84-01. ITEM EXPLANATION On December 8, 1895 the Planning Commission conducted a public hearing on the Carlsbad Ranch/LEGOlAND Specific Plan Amendment project. The Planning Commission recommended certification of the Environmental Impact Report and approval of the General Plan Amendment, Local Coastal Plan Amendment, Zone Change, Specific Plan Amendments, Local Facilities Management Plan Amendments, and Development Agreement. The Tentative Map, Non-Residential Planned Unit Development Permit, and Hillside Development Permit were approved by the Planning Commission subject to the City Council approving the other actions required for the project. The applicant has filed an appeal of a condition of the tentative map approval. The appeal is addressed in a separate agenda bill. The commission’s vote on all the project actions was 5 to 2. Actions also required for the project but which are subject to City Council approval only, include an amendment to the Williamson Act Land Conservation Contract for the property which updates provisions of the contract and the cancellation of the contract on portions of the property. In approving the project the Planning Commission revised the proposed Carlsbad Ranch Specific Plan Amendment to reduce the building height to a maximum of 45 feet with the exception of the Specialty Retail Planning Area (Planning Area 8) where building height is restricted as follows: (1) the single story parapet height of any building shall not exceed 28 feet; (2) the two-story parapet height of any building shall not exceed 38 feet. No building shall have more than two stories of usable floor area; (3) architectural features, such as towers having no usable floor area, shall not exceed 42 feet; and (4) no more than 2% of the total building square footage built within Planning Area 8 may be utilized as usable second story floor area or architectural features. Two Planning Commissioners voted not to recommend approval of the project. One could not support the project unless the parent corporation guaranteed all responsibilities in the development agreement for LEG0 Park Planning, Inc. (LPPI). The other commissioner could not support the project unless the landowner can guarantee that the flower fields will be planted with flowers annually. The applications for the project include an amendment to the Carlsbad Ranch Specific Plan to 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 PAGE 2 OF AGENDA BILL NO. / :, Yby plan amendment reflect a mix of compatible and complementary non-residential uses, including office, research and development, related light manufacturing, commercial, hotel/timeshare, destination resort, golf course, agriculture, a vocational school campus and LEGOIAND 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 actions are in compliance with all applicable plans, ordinances, standards and policies. The attached staff report to the Planning Commission dated December 6, 1995 provides further detail. Several actions related to the Williamson Act Land Conservation Contract for the property are necessary for the project, They include an amendment to the cancellation provisions of the existing contract to make them consistent with current Government Code requirements, correcting a typographical error in the contract, and include current information in regard to notification of the property owner. The Council is also being requested to make findings to cancel the Land Conservation Contract on 179.11 acres of the 328.84 acres under contract. The proposed findings are contained in Exhibit “c” attached to City Council Resolution No. 96-2 for the Williamson Act actions. Associated with the contract cancellation is the Council’s certification of the cancellation valuation of the property to the County Auditor. The County Assessor has determined the cancellation valuation which is included as an exhibit to the City Council Resolution for the Williamson Act actions. A number of persons spoke during the public testimony. Concerns raised focused on increased traffic, retention of agricultural uses, view blockage of the flower fields, increase in retail space, provisions of the development agreement, and fiscal impacts of the project. A full record of comments and the response to questions and comments from the public can be found in the Carlsbad Ranch Specific Plan Amendment Final Program Environmental Impact Report dated November 1995 and the Planning Commission Minutes dated December 6, 1995. ENVIRONMENTAL REVIEW An Environmental Impact Report was processed addressing all necessary discretionary approvals needed to develop the project. The report was found by staff and the Planning Commission to have been prepared in compliance with State and City regulations. The project would 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 jurisdiction of the City. Overriding considerations are proposed for adoption for these three impacts and are contained in Planning Commission Resolution No. 3844 along with the necessary CEQA Findings. FISCAL IMPACT The Carlsbad Ranch project will have a significant fiscal impact on the City of Carlsbad if developed as proposed by the property owner. The construction of the LEG0 park and the 700 room destination resort hotel will provide the largest share of the positive fiscal benefit to the City, followed by the other retail and tourist serving uses on the site. ,,- PAGE 3 OF AGENDA BILL NO. /z %@f The project will generate a net revenue to the City of approximately $3.1 million at buildout. Revenue generated by the project from property tax, sales tax, transient occupancy tax (TOT), and business licenses will total $5.4 million, with the largest share of these revenues being generated by the TOT (83.7 million). The City’s cost of service will increase by about $2.3 million from the demands created by Carlsbad Ranch. The largest increase will be seen in the cost of public safety services which will grow by about $1 million. The City’s economic forecast for the project has not attempted to estimate the financial cost or benefit resulting from the increased tourist activity in other Carlsbad markets. Although there will certainly be TOT revenue and sales taxes resulting from tourist activities outside of Carlsbad Ranch, these are difficult to predict and have been excluded from the analysis. If the project is viewed as a single entity, the total investment in land and improvements will reach about $334 million. This would make the Carlsbad Ranch property the single largest property tax payer in the City, ahead of SDG&E, La Costa and Bank of America. The City’s forecast is based on buildout assumptions, To achieve the fiscal benefit shown above it is important that the project develop as currently shown in the specific plan. Modifications to the plan or changes in the land use may result in a significantly different fiscal impact on the City. GROWTH MANAGEMENT STATUS Facilities Zone 13 Local Facilities Management Plan 13 Growth Control Point N/A Net Density N/A Special Facilities C.F.D. No. l/Assessment District EXHIBITS 1. 2. 3. 4. 5. 6. 7. 8. 9. City Council Resolution No. 96-l (EIR 94-01, GPA 94-03, LCPA 90-08(B), ZC 94- 02, SP 207(A), SP 144(G), DA 94-01, and LFMP 87-l 3(B)) City Council Resolution No. 96-2 (AP 76-01(D)) Ordinance No. NS-343 (ZC 94-02) Ordinance No. NS-344 (SP 207(A)) Ordinance No. NS-345 (SP 144(G)) Ordinance No. NS-346 (DA 94-01) Location Map Planning Commission Resolutions Nos. 3844, 3845, 3846, 3847, 3848, 3849, 3850, and 3854. Planning Commission Staff Report, dated December 6, 1995. PAGE 4 OF AGENDA BILL NO. /4 +%y 10. Planning Commission minutes, dated December 6, 1995. * 11. Carlsbad Ranch Specific Plan Amendment Final Program EIR, dated November * 12. 1995 (Previously Distributed; copy on file in the Planning Department) Carlsbad Ranch Specific Plan, dated October 1995 (Previously Distributed; copy on file in the Planning Department) * 13. Zone 13 Local Facilities Management Plan, dated October 1995 (Previously distributed; a copy is on file in the Planning Department). *These documents are filed on the shelf in the vault. &h;b;+s e&rcd- Svlrra.+ 1JI m* I- 10