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Home My WebLink About2009-10-20; City Council; 20006; Amending the Carlsbad Ranch Specific PlanCITY OF CARLSBAD - AGENDA BILL 16 AB#f*01f 20.006 MTG. 10/20/09 DEPT. PLN COASTAL COMMISSION'S SUGGESTED MODIFICATIONS TO THE CARLSBAD RANCH SPECIFIC PLAN AMENDMENT cp i)mic\Or £MI \r 1 DEPT. HEAD Q^f ^ CITY ATTY. ^p^ CITY MGR. ffi^> CS-066 APPROVING amendments RECOMMENDED ACTION: That the City Council INTRODUCE Ordinance No. to the Carlsbad Ranch Specific Plan SP 207(F). ITEM EXPLANATION: Staff requests that the City Council approve an amendment to the Carlsbad Ranch Specific Plan. The amendment is recommended in response to suggested modifications made by the California Coastal Commission to a previously approved Specific Plan Amendment and Local Coastal Program Amendment (SP 207(F)/LCPA 90-08(E). On February 12, 2008, the City Council adopted NS-875 approving a Specific Plan Amendment to the Carlsbad Ranch Specific Plan. On September 9, 2009, the California Coastal Commission approved the City's Local Coastal Program (LCP) Amendment application to amend the Carlsbad Ranch Specific Plan to allow for an administrative approval process for Legoland Inner Park improvements, modify the allowed uses to include overnight uses, and to define Minor and Major Specific Plan Amendments. Minor Specific Plan Amendments were proposed to be processed administratively and would not have required public hearings or subsequent LCP Amendments. However, the Coastal Commission's approval of the LCP Amendment application included suggested modifications, which the City must accept before the amendments become effective. As originally proposed by the City, the LCP Amendment would have allowed minor changes to the Specific Plan to be approved by the Planning Director without review by the Planning Commission, City Council or Coastal Commission. The Coastal Commission correctly recommended that because the Carlsbad Ranch Specific Plan is a certified component of the City's LCP Implementation Plan, any revisions to the Specific Plan must be reviewed and certified by the Coastal Commission. The suggested Implementation Plan modifications by the Coastal Commission will require that all Specific Plan Amendments be subject to review and approval by the City Council and California Coastal Commission, after first being considered by the Planning Commission through public hearings. The new text refers to the California Government Code Section 65450 which is for the establishment of and the procedures for Specific Plans. The California Code of Regulations, Title 14, Division 5.5 is the California Coastal Commission Administrative Regulations which carry out the purpose and provisions of the Coastal Act. DEPARTMENT CONTACT: Van Lynch 760-602-4613 van.lvnch@carlsbadca.gov FOR CITY CLERKS USE ONLY. COUNCIL ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED * Dnn CONTINUED TO DATE SPECIFIC CONTINUED TO DATE UNKNOWN RETURNED TO STAFF OTHER - SEE MINUTES D D D D Page 2 FISCAL IMPACT: The only anticipated fiscal impact would be from staff time required to complete the processing of the Coastal Commission's suggested modifications. Development application fees are collected to process future development proposals subject to the amended regulations. City Council has previously established the fee structure for minor and major Specific Plan amendments through the adoption of the City of Carlsbad Development Fee Schedule. ENVIRONMENTAL IMPACT: A determination was made that the project is within the scope of the previously certified Carlsbad Ranch Specific Plan Final Program EIR 94-01. The proposed modifications do not create any new significant environmental effects that were not previously identified. No additional environmental review is required. EXHIBITS: 1. City Council Ordinance No. cs-066 1 ORDINANCE NO. CS-066 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING A SPECIFIC PLAN 3 AMENDMENT AND LOCAL COASTAL PROGRAM AMENDMENT TO AMEND THE CARLSBAD RANCH SPECIFIC 4 PLAN AND ACCEPT THE CALIFORNIA COASTAL COMMISSION'S SUGGESTED MODIFICATIONS THAT 5 REQUIRE ALL SPECIFIC PLAN AMENDMENTS BE APPROVED BY THE CITY COUNCIL AND CALIFORNIA COASTAL 6 COMMISSION. CASE NAME: LEGOLAND INNER PARK 7 CASE NO.: SP 207(FVLCPA 90-08(E) 8 WHEREAS, the Planning Commission did on December 5, 2007 hold a duly 9 noticed public hearing as prescribed by law to consider Specific Plan Amendment (SP 207(F)) 10 and Local Coastal Program Amendment (LCPA 09-08(E)) to amend the text of the Carlsbad 11 Ranch Specific Plan to allow for an administrative approval process for Legoland Inner Park 12 improvements, modify the allowed uses to include overnight uses, and to define Minor and Major Specific Plan Amendments; and WHEREAS, the Planning Commission adopted Planning Commission Resolutions No. 6356 and 6357 recommending to the City Council approval of SP 207(F) and 16 LCPA 90-08(E); and 17 WHEREAS, the City Council did on February 5, 2008, hold a duly noticed public 1 O hearing as prescribed by law to consider said SP 207(F) and LCPA 90-08(E), and introduced 1 Q Ordinance No. NS-875 to approve SP 207(F), and adopted Resolution No. 2008-028, approving 20 LCPA 90-08(E), the effective date of which was subject to the California Coastal Commission's 21 approval of said LCPA; and 22 WHEREAS, the City Council did on February 12, 2008, adopt Ordinance No. NS- 23 875, approving SP 207(F), the effective date of which was subject to the California Coastal 24 Commission's approval of LCPA 90-08(E); and 25 WHEREAS, on September 9, 2009, the California Coastal Commission approved LCPA 90-08(E) with suggested modifications; and, 27 28 1 WHEREAS, the City Council did on October 20, 2009, hold a hearing to consider 2 the California Coastal Commission modifications to SP 207)F) and LCPA 90-08(E); and, 3 WHEREAS, accepting and administering the California Coastal Commission's 4 suggested modifications, as set forth in this ordinance, is necessary to comply with the 5 California Coastal Act and California Administrative Code. 6 NOW, THEREFORE, the City Council of the City of Carlsbad, California does 7 ordain as follows: 1. Modify Section VIII - Specific Plan Administration - Section A as follows: Approval of this Specific Plan signifies acceptance by the City of a general framework as well as specific development standards for the build out of Carlsbad Ranch. It is anticipated that certain amendments to the specific plan may be necessary during the development of the area. Any amendments to the specific plan shall occur in accordance with the Carlsbad General Plan and the amendment process described in this section. Amendments may be initiated by the City Council or the property owner. Amendments to the Carlsbad Ranch Specific Plan shall be subject to the review and approval by the City Council provided public input has been solicited through public hearings. The Planning Commission shall first hear and consider all applications for an amendment to the specific plan. The Planning Commission shall prepare a recommendation and findings on all . applications for an amendment to the City Council. As required by the Government Code and the California Environmental Quality Act, all agencies significantly affected by the amendment to 16 the plan shall also be notified of the proposed action prior to approving the amendment of the specific plan. Depending on the extent and impact of a proposed Specific Plan Amendment, a subsequent Environmental Impact Report or mitigated negative declaration which focuses on the new impacts may be warranted. Two categories of amendments to the Specific Plan can be processed: Minor and Major Specific Plan Amendments. Minor Specific Plan Amendments may be eligible for reduced processing fees. However, all other regulations that apply to 2Q processing a Specific Plan amendment shall remain in place and will apply to both Minor and Major Specific Plan Amendments. 21 All amendments shall be submitted to the California Coastal Commission for its review and 22 approval, prior to their enactment, in accordance with the Coastal Act of 1976 and the California Code of Regulations. 23 2. Modify Section VIII - Specific Plan Administration - Section C as follows: 24 1. MINOR SPECIFIC PLAN AMENDMENTS 25 Minor amendments that meet the criteria noted below shall bo reviewed for approval 26 administratively by the Planning Director: 27 28 -2- 1 Projects that meet the criteria noted below shall be processed as Minor Specific Plan Amendments. The Planning Director shall make the determination as to whether a project 2 meets the following criteria: 3 a. Expansions or reductions of up to 10% in area may be allowed by the Planning Director. 4 b. Realignment or modification of internal streets serving the project, lot lines, site 5 access locations, easement locations and grading adjustments, if approved by Planning Director and City Engineer. 6 c. Minor modifications that do not change the densities or uses of the subject 7 property as determined by the Planning Director. 8 d. Modification of design criteria such as minor architectural style or detail changes, landscape treatments, fencing, lighting, etc., provided the modifications are in 9 substantial conformance with purpose and intent of the design criteria in the Specific Plan; and with the baseline approval of the subject project. 10 A Local Coastal Program Amendment will not be required for Minor Specific Plan Amendments. 11 This Specific Plan was prepared pursuant to California Government Code Section 65450. et. 12 seq. and is partial implementation of the Mello II Segment of the Local Coastal Program. All Minor Amendments to the Carlsbad Ranch Specific Plan shall be submitted to the California 13 Coastal Commission for its review and certification of a corresponding Local Coastal Program Amendment, prior to their enactment, in accordance with the Coastal Act of 1976 and the 14 California Code of Regulations (Title 14. Division 5.5: California Coastal Commission Administrative Regulations). 15 Minor amendments to the Specific Plan shall be processed in accordance with the applicable 16 requirements of law, which include Section 65450. et. seq. of the California Government Code, the California Coastal Act of 1976. and the California Code of Regulations (Title 14. Division 5.5: 17 California Coastal Commission Administrative Regulations). 18 EFFECTIVE DATE: This ordinance shall be effective no sooner than thirty days19 after its adoption but not until certified by the California Coastal Commission, and the City Clerk shall certify to the adoption of this ordinance and cause it to be published at least once in a publication of general circulation in the City of Carlsbad within fifteen days after its adoption. 23 "' 24 "' 25 '" 26 '" 27 '" 28 -3- 1 INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City 2 Council on the 20th day of October, 2009, and thereafter. 3 PASSED AND ADOPTED at a regular meeting of the City Council of the City of 4 Carlsbad on the day of 2009, by the following vote, to wit: 5 AYES: 6 NOES: 7 ABSENT: 8 ABSTAIN: 9 10 APPROVED AS TO FORM AND LEGALITY 11 12 H RONALD R. BALL, City Attorney 14 15 CLAUDE A. LEWIS, Mayor 16 ii ATTEST: 18 19 LORRAINE M. WOOD, City Clerk 20 (SEAL) 21 22 23 24 25 26 27 28 -4-