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HomeMy WebLinkAbout2016-03-08; City Council; 22233; Adoption of Ordinance Nos. CS-292 and CS-293 approving Zone Change 14-02 and Specific Plan Amendment SP 207(K), Westin Hotel and TimeshareCAA r �Q61FO4N�� CITY OF CARLSBAD - AGENDA BILL AB# 22,233 ADOPTION OF ORDINANCE NOS. CS-292 AND DEPT. DIRECTOR MTG. 3/08/16 CS-293 APPROVING ZONE CHANGE 14-02 AND CITY ATTORNEY - SPECIFIC PLAN AMENDMENT SP 207(K) DEPT. Clerk WESTIN HOTEL AND TIMESHARE CITY MANAGER RECOMMENDED ACTION: Adopt Ordinance No. CS-292, amending Section 21.05.030 of the Carlsbad Municipal Code by an amendment to the Zoning Map to grant a zone change from Exclusive Agriculture, Planned Industrial, and Office to Commercial Tourist with a Qualified Development Overlay for 3.6 acres generally located west of the Crossings Drive and east of Marbrisa Drive in the Mello II Segment of the Local Coastal Program and Local Facilities Management Zone 8; and, Adopt Ordinance No. CS-293, approving a Specific Plan Amendment to annex 3.6 acres into Planning Area 5 as Planning Area 5A and to establish Development Standards for Planning Area 5A within the Carlsbad Ranch Specific Plan located north of Legoland California, south of Cannon Road, east of Legoland Drive, and west of the Crossings Golf Course in Local Facilities Management Zone 8. ITEM EXPLANATION: Ordinance Nos. CS-292 and CS-293 were introduced and first read at the City Council meeting held on February 23, 2016. The second reading allows the City Council to adopt the ordinances which will become effective thirty days after adoption. The City Clerk will have the ordinances or a summary of the ordinances published within fifteen days, if adopted. FISCAL IMPACT: See AB #22,204 on file in the Office of the City Clerk. ENVIRONMENTAL IMPACT: An Environmental Impact Report (EIR) was prepared for the project in accordance with the California Environmental Quality Act (CEQA), the CEQA Guidelines and the Environmental Protection Procedures (Title 19) of the Carlsbad Municipal Code. The EIR addresses the environmental impacts associated with all discretionary applications for the proposed project including ultimate buildout of the entire project. In April 2015 a Notice of Preparation was submitted to the Governor's Office of Planning and Research State Clearing House and Planning Unit. Comments were received regarding the content of the proposed Environmental Impact Report and were incorporated into the document. On July 27, 2015, the Draft EIR was published and the City notified the Public, Responsible and Trustee Agencies, as well as other interested parties and agencies via mailings and newspaper publications. The "Notice of Completion" commenced an initial 45 day public review and comment period expiring on September 8, 2015. Two comment letters were received. ULNAK I IVILN I LUN I AC 1 : Jneila COblan /bU-434-Z6U6 Sneila.Coblan(cOcarlsbadca.l?ov FOR CITY CLERKS USE ONLY COUNCIL ACTION: APPROVED CONTINUED TO DATE SPECIFIC ❑ DENIED ❑ CONTINUED TO DATE UNKNOWN ❑ CONTINUED ❑ RETURNED TO STAFF ❑ WITHDRAWN ❑ OTHER -SEE MINUTES ❑ AMENDED ❑ 5 The "Notice of Completion" advised that the Draft EIR was available for review at four locations: the City of Carlsbad Planning Division; the City Clerk's Office; the Carlsbad Dove Library and the Georgina Cole Public Library. Complete copies were also available for purchase, with or without the Appendices, through the Planning Division. The Draft EIR was also posted in the city website. The analysis contained in the EIR concluded that all potentially significant impacts would be mitigated to below a level of significance. Direct impacts, also referred to as primary effects, are those caused by the project and that occur at the same time and place. In contrast, cumulative impacts refer to two or more individual impacts that, when considered together, are considerable or that compound or increase other environmental impacts. The cumulative impact of several projects is the change in the environment that results from the incremental impact of the project when added to other, closely related past, present, or reasonably foreseeable, probable future projects. The cumulative impacts all arise from the marginal contribution the proposed project will make, when combined with the impacts from existing and other future projects, to pre- existing conditions that fail to meet applicable standards currently. The analysis contained in the EIR also concluded that all potentially significant cumulative impacts would be mitigated to below a level of significance. The CEQA Findings of Fact and Mitigation Monitoring and Reporting Program are attached to Planning Commission Resolution No. 7138 for the EIR. See AB #22,204 on file in the Office of the City Clerk. 1X1:C113iIF 1. Ordinance No. CS-292. 2. Ordinance No. CS-293. U i b i 7k I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. CS-292 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING SECTION 21.05.030 OF THE CARLSBAD MUNICIPAL CODE BY AN AMENDMENT TO THE ZONING MAP TO GRANT A ZONE CHANGE FROM EXCLUSIVE AGRICULTURE (EA), PLANNED INDUSTRIAL (PM), AND OFFICE (0) TO COMMERCIAL TOURIST (C-T) WITH A QUALIFIED DEVELOPMENT OVERLAY (Q) FOR 3.6 ACRES GENERALLY LOCATED WEST OF THE CROSSINGS DRIVE AND EAST OF MARBRISA DRIVE IN THE MELLO II SEGMENT OF THE . LOCAL COASTAL PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE 8. CASE NAME: WESTIN HOTEL AND TIMESHARE CASE NO.: ZC 14-02 The City Council of the City of Carlsbad, California, does ordain as follows: WHEREAS, the City Council did on the 2311 day of February, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, said application constitutes a request for a Zone Change as shown on Exhibit "ZC 14-02" dated December 16, 2015, attached hereto and made a part hereof; and WHEREAS at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said City Council considered all factors relating to the "ZC 14-02 — WESTIN HOTEL AND TIMESHARE." NOW, THEREFORE, the City Council of the City of Carlsbad does ordain as follows: SECTION I: That section 21.05.030 of the Carlsbad Municipal Code, being the zoning map, is amended as shown on the map marked "ZC 14-02" dated December 16, 2015 attached hereto and made a part hereof. SECTION II: That the findings and conditions of the Planning Commission in Planning Commission Resolution No. 7140 shall also constitute the findings and conditions of the City Council. -1- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EFFECTIVE DATE: This ordinance shall be effective no sooner than thirty days after its adoption, 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. Notwithstanding the preceding, this ordinance shall not be effective until approved by the California Coastal Commission. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the 231 day of February 2016, and thereafter. WA 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 8t" day of March, 2016, by the following vote to wit: AYES: Council Members Hall, Wood, Schumacher, Blackburn, Packard. NOES: None. ABSENT: None. ABSTAIN: None. APPROVED AS TO FORM AND LEGALITY CELIA A. BREWER, City Attorney I MATT ALL, Mayor ATTEST: BARBARA ENGLESO , City Clerk (SEAL) ®��� ......, . ��e6f BG64SY� Exhibit "ZC 14-02" December 16, 2015 ZC 14-02 Westin Hotel and Timeshare -N, Y, OS 5 f C-T 1 E A P-M/O U � aR W EXISTING i Os C� T-Q c c l 9C/ ( 0 LLJ PROPOSED Related Case File No(s): GPA 14-03 / LCPA 14-03 / CT 14-08 / PUD 15-01 / SDP 14-11 / CUP 15-03 / CDP 14-29 / HDP 14-06 / V 14-03 / EIR 15-02 Zoning Designation Changes Property From: To: A. 212-271-02-00 P-M/O C-T Q B. 211-023-07-00 E-A C-T-Q C. 6/ nt ft'1*40 VaWn4tibunc CITY OF CARLSBAD - C000474981 1200 Carlsbad Village Dr Carlsbad,CA 92008-1989 ORi t [ . CS•292 f"9;ARrd U, INVUWWAL tMf' , AT U [t1021'111-t JU? 1U 9,UMPIAMLIA fulUMDO tL-Iil Vii1ff A QUALIFIED DEVELOP IEfdT OVERLAY f 0,i FOR 3.6 ACRES GENERALLY LOCATED WEST OF SHE CROSSINGS DRIVE AND EAST OF )VARRR1iSA DRIVE IN, T14Et ELLO 11 SEGMENT OF THE LOCAL COASTAL PROGRAM AND LOCAL FACILITIES MANAGEAlE 3ZORE 8, CASE NAa E� WESTIN HOTEL AND TIMESHARE CASE NO- ZC 14-02, The City Council of the City of Carlsbad, CalJoi nia, does ordain as to ldws N EREAS, the Clcil did on the 23rd day of February, hold a duly lipticed puHallr bears g as pyre rl 'Culey law to consider said request; acid 4EREAS, said application constitutes a request fora Zone Change as, shown on Exhibit Decein, ber 16, 2015, attached hereto and made a Part hereof and WHEREAS at said public hearing, upon hearing and considering all testimony and arguments, It any, of all peons desiring to be heard, said City Council considered all factors rehIting to the ' C 14-02 — WESTHfI HOTEL, AN TIMESHARE." NOW, THE EfOREtl the City Councd of the City of Carlsbad does ordain as follows; SECTION k That section 21,05.030 of the Carlsbad Munlicipal Code,;being the zonri, rn1a , is arnended as shown on the map marked "ZC 14.02" dated O relr bel 16, 2015 attached hereto and made a park hereof, SECTION 11 That the findings and conditions of the Plana"ing Obrr mAssion in Planning Co-f"Misslon Resolution No, 7140 shall also constitute tlxd farrdin s and conditio ris of the City Council. + EFFECTIVE DATEc This ordinance shall be effective no sower than thirty days after its adoption, 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, Notwithstanding anding file preceding, this ordinance shaltnot be eff ective until approved by the California Coastal Commission, INTRODUCED AND FIRST REACT at a regular meeting, of the Carlsbad City Cowicil on U14 231d day of February 2016, and thereafter. PASSED AND ADOPTED at a,regular meeting of the City Council of the City of Carlsbad Oil Vie 8 day off arch, 2016, by the following vote, to wii. ,AYES; Hall, Wood, Schumacher, 8lackbufn,; Patltard, NOES: None. ASSENt None. APPROVED AS TO FORM AND LEGALITY,' fs�CELIA A BREWER„ City ,Attorney � ,s,/ ATTHALL, la or i r A TTI EST afEVARR,AfkA Ef1OLl=S01I, City Clem e 8 PROOF OF PUBLICATION STATE OF ILLINOIS COUNTY OF Cook The Undersigned, declares under penalty of perjury under the laws of the State of California: That he/she is and at all times herein mentioned was a citizen of the United States, over the age of twenty-one years, and that he/she is not a party to, nor interested in the above entitled matter; that he/she is Chief Clerk for the publisher of San Diego Union -Tribune a newspaper of general circulation, printed and published daily in the City of San Diego, County of San Diego, and which newspaper is published for the dissemination of local news and intelligence of a general character, and which newspaper at all the times herein mentioned had and still has a bona fide subscription list of paying subscribers, and which newspaper has been established, printed and published at regular intervals in the said City of San Diego, County of San Diego, for a period exceeding one year next preceding the date of publication of the notice hereinafter referred to, and which newspaper is not devoted to nor published for the interests, entertainment or instruction of a particular class, profession, trade, calling, race, or denomination, or any number of same; that the notice of which the annexed is a printed copy, has been published in said newspaper in accordance with the instruction of the person(s) requesting publication, and not in any supplement thereof on the following dates, to wit: March 17, 2016 I certify under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Dated in the City of Chicago, State of Illinois on this 17th of March 2016. Brittany Ger&/ San Diego Union -Tribune Legal Advertising Order ID: 4041880 Proof of Publication of See Attached nt D. ORDINANCE NO. IDS-29 INCE. OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, .CALIFORNIA SECTtON 2't,IIS, D30 OF Ti4E CARLSBAE) U141CIPAL COE)E Y Atil A%IENDMVE II "G MAP TO GRANT A ZONE CHANGE FROM E CLLISIVE AGRICULTURE ZEAL LOCAL COASTAL PROGRAM ANDLOCALFACILITIES MANAGEMENT,ZONE8. CASE NAME, WESTIN HOT€L. AND TIMESHARE CASE NO-, ZC 14-8 The City Council o(tfre City of Carlsbad, California, does ordain as f011owsy WHEREAS.,, the City Council did on Ilia 23rd day of Febtuary,. hold a duly noticed pr bii hearing as prescribed bylaw to cansider said request; and WHEREAS, said application consti uses a zerluest for a Zone Ctrarrgeas shown on ExhlblE "_ZC 14-02" dated December 16, 2015, attached hereto and niade a part hereof; and WHEREAS at said'public hearing, upon headrtc; and tonsideriairg i li testimony and, arguments, if any, of all persons desiring to be. heard, said City Council considered all factors relating to The `ZC;14-02 ,— WESTIN HOTEL' N TIMESHARE."' NOWP THEREFORE, the City C000cil of Elie Cily of Carlsbad dues ordain as follows SECTi N I. That section 21.05.030 of the Carlsbad Municipal Code, being the zoning reap, is aniended as shown Duthe wrap rr arlsed " C 14.0 " dated Decembea 16, 2015,< attached hereto and made a part Hereof. SECTION 11. That the findings a€id'condataons of the Plannin�g Cool fission in Planning Ccr atii Stott R dlutiorti �t os 7140 shall also constitute sae fi dir s and conditions of the caty Coundl ; WECTIVE. LTATErThis ordinance shale be effective no sooner than thirty days after its aadoption, and the City Clerk, shall`cert4 to The adoption of this ordinance and cause it to be published at least acre m a publication of general circrrlation in the City of Carlsbad- within fifteen days after its adoption, %'otWjtjjLStandiliq the preceding, this ordinarice sliali not be effective until approved by Ilie California Coastal Commission, INTRODUCED AND FIRST READ at a r ular meeting of the Carlsbad City Council on the "J day of February 2016, and thereaft PASSED AND ADOPTED at a regular sire the 817 clay 0f Marcie, 2016,lay the folio AYES, Hall, Wood, Srhurri Cher, Blacktr NOESNone. BSE T,. floner ABSTAIN: Bondy. APPROVED AS TO FORM AND LEGALITY tstCELIA A. BREWER, City Attorney ,�s1MATT HAIL, Mayor es/BARBARA, ENGLESON, City Clerk �SEAL`l er sling of the City Council of the City of Carlsbad orr Nin vote,t�owait. urrr P'asarrd, to Wm It 144 4041880 PROOF OF PUBLICATION This space is for the County Clerk's Filing Stamp (2016.6 C.C.P.) STATE OF ILLINOIS County of Cook I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years and not a party to or interested in the above -entitled matter. I am the principal clerk of the printer of Proof of Publication of The San Diego Union Tribune Formerly known as the North County Times and UT North County and which newspaper has been adjudicated as a newpaper of general circulation by the Superior Court of the County San Diego, State of California, for the City of Oceanside and the City of Escondido, Court Decree numbers 172171, 171349, for the County of San Diego that the notice of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of the said newspaper and not in any supplement thereof on the following dates, to -wit: Mar 17, 2016 I certify (or declare) under the penalty of perjury that the foregoing is true and correct. Dated at Chicago, Illinois on this 17th day of March, 2016 // /V / 1sA M1r`ittany Gerard Legal Advertising See Attached 4041880 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. CS-293 AN ORDINANCE OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A SPECIFIC PLAN AMENDMENT TO ANNEX 3.6 ACRES INTO PLANNING AREA 5 AS PLANNING AREA 5A AND TO ESTABLISH DEVELOPMENT STANDARDS FOR PLANNING AREA 5A WITHIN THE CARLSBAD RANCH SPECIFIC PLAN LOCATED NORTH OF LEGOLAND CALIFORNIA, SOUTH OF CANNON ROAD, EAST OF LEGOLAND DRIVE, AND WEST OF THE CROSSINGS GOLF COURSE IN LOCAL FACILITIES MANAGEMENT ZONE 8. CASE NAME: WESTIN HOTEL AND TIMESHARE CASE NO.: SP 207(K) The City Council of the City of Carlsbad, California, does ordain as follows: WHEREAS, the Carlsbad Ranch Specific Plan (SP 207) was originally adopted by City Council Ordinance No. NS-227 on March 16, 1993 and has been amended several times and contains the uses, development standards and design for the development of the subject property; and WHEREAS, The Carlsbad Ranch Specific Plan is the implementing ordinance for this property which is in the Coastal Zone; and WHEREAS, the amendment is desirable to take advantage of the unique position of Planning Area 5 within the Carlsbad Ranch which is designated for commercial visitor serving uses; and WHEREAS, the City Council of the City of Carlsbad has reviewed and considered Specific Plan Amendment SP 207(K) for the Carlsbad Ranch Specific Plan; and WHEREAS, after procedures in accordance with requirements of law, the City Council has determined that the public interest indicates that said Specific Plan Amendment (SP 207(K)) be approved. follows: NOW, THEREFORE, the City Council of the City of Carlsbad does ordain as 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21i 22 23 24 25 26 27 28 SECTION I: That SP 207(K), on file in the Planning Division, and incorporated herein by reference, is adopted. The Carlsbad Ranch Specific Plan shall constitute the development plan for the property and all development within the plan area shall conform to the plan. SECTION II: That the Carlsbad Ranch Specific Plan (SP 207), as amended to date, and further amended by Specific Plan Amendment 207(K), dated December 16, 2015, is approved. SECTION III: That Specific Plan Amendment 207(K) replaces text in the Carlsbad Ranch Specific Plan, as shown on attachment "PLANNING AREA 5 AND 5A - RESORT." SECTION IV: That the findings and conditions of the Planning Commission in Planning Commission Resolution No. 7142 shall constitute the findings and conditions of the City Council. EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption; and the city clerk shall certify the adoption of this ordinance and cause the full text of the ordinance or a summary of the ordinance prepared bythe City Attorneyto be published at least once in a newspaper of general circulation in the City of Carlsbad within fifteen days after its adoption. (Notwithstanding the preceding, this ordinance shall not be effective until approved by the California Coastal Commission.) INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the 23rd day of February, 2016, and thereafter. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 8th day of March, 2016, by the following vote to wit: AYES: Council Members Hall, Wood, Schumacher, Blackburn, Packard. NOES: None. ABSENT: None. Mew APPROVED AS TO FORM AND LEGALITY CELIA A. BREWER, City Attorney MATT hALL, Mayor ATTEST: BARBARA ENGLESON, y Clerk ���b�aPet®rt� (SEAL) ����.a•;4�••�`�•.,,--� s • ?yap ,:�;��� �: ��, . f� d �r�teta�aet��E� F. PLANNING AREA 5 and 5A - RESORT Planning Areas 5 and 5A are designated as full -service destination resorts proposed on approximately 52-.8 56.4 acres parcel in the northeast corner of the Carlsbad Ranch. This resort(s) will include up to a maximum of 380 timeshare suites and 409 hotel rooms and will target the large group professional and business meeting market as well as the leisure market. The meeting market typically combines business with recreation and increasingly includes family members . of the business representative. The surrounding uses including LEGOLAND Carlsbad, The Crossings municipal golf course, retail facilities and nearby beaches make this a particularly desirable meeting and leisure destination. Accommodations at the resort(s) will vary from single hotel rooms to two - bedroom suites with kitchens integrated into the topography using terraced buildings and featuring ocean views, overlooking extensively landscaped open areas and courtyards. Elevated walkways may be used to connect resort buildings linking meeting facilities, suites, and a selection of dining experiences. °sports Glub may-GernbiRe a fitness GenteF and dining with aR emphasis OR healthy, light Guisine. This faGility Geuld provide sports rnediGine, tennis pre shep, weight traIRR9, raquetball, steam reern&7 saUR s and r+ornhinc The meeting and conference center(s) will offer function space with the ability to mix and match agendas to accommodate groups from 10 to 2,700 guests. Adjacent gardens and landscaped terraces will provide additional meeting and function areas. Most Resort facilities including the tennis-fa^ilitios sperts chub spa and dining will be designed to encourage use by the general public as well as the resort guests. Figure 46 an page 159 ? Ssomo of the pl RiRg features for the Force A pedestrian/bike/golf cart trail shall be provided from the eastern portion of The Crossings municipal golf course along the southerly edge of Planning Area 5 to provide a link f„ rn the spe6fi^ plan golf eaurse to the #unite City golf course to the east The all ho design own on Figure 52 on rune '169 o the specific plan. T„� - �. 1. GENERAL DEVELOPMENT STANDARDS: PLANNING AREAS 5 AND 5A The following are specific development and design guidelines applicable to this Planning Area. However, Section III.A. GENERAL DEVELOPMENT STANDARDS AND DESIGN GUIDELINES beginning on page 63 contains additional development standards and design guidelines that are applicable to all Planning Areas within this Specific Plan Amendment. a. Permitted Uses Hotels; Commercial Living Units (Timeshare) may be permitted by the City Council in conjunction with a hotel(s) project; LANDSCAPE — SETBACK FROM R.O.W. n10 GOLF COURSE 0 1 \'PRIM\AARY r / ACCESS DRIVE LLOCCATED ONousE T RESORT SITE (�r � r 50, BLDG & LANDSCAPE ' SETBACK 1 1 \ BIKE PATH — QATT IN SPDACK) PEDESTRIAN WALK (WITHIN SETBACK) PEDESTRIAN WALK (WITHIN R.O.W.) POINTE PKWY (PUBLIC ROAD) \ l � i 3- I. � OPEN Z SPACE g Z � S RESORT o. L& , v 5 1 N 20' BLDG & \ 1RAIL�2 B PER LANDSCAPE \ • CITY TikAIL PAN SETBACK \ \ LEGOLAND FIGURE 46 PLANNING AREA. 5 f 5.A RE -SORT LAND USE : RESORT NET PARCEL AREA: 52.80 DEVELOPMENT PROGRAM: GOH PA M MAINTENANCE THIN SETBACK) GOLF (ART &MAINTENANCE (MINNSETBACK) J {-, Rv ,�= , 5A PLANNWNG AR 1 p O\ & LOT LINE 1 11' SECONDARY W I 4��� ACCESS 1 SERVICE &' EMERGENCY) ACRES DESTINATION RESORT HOTEL, MEETING SPACE, RESTAURANT, RECREATION AND ASSOCIATED FACILITIES: TOTAL 647,000 SF. Lt I GOLF CART UNDER ; 7— —"�� OR OVER CROSSING (CONNECTION WITH --� POTENTIAL FUTURE CITY GOLF COURSE ! I( WIDD'2w' 4DT {� 1D ACRES �-1 Accessory Uses - The following uses are permitted only as accessory uses when incorporated into the main resort building(s). Retail related to the resort; - Restaurants, not including drive -up or drive-in services; - Health and Fitness Clubs; - Daycare facilities for child care; - Personal Services; Barbers, Beauty Shops, etc.; - Art Galleries/Museums; - Administrative and Business Offices for the resort; - Bars and Nightclubs as a part of the resort or restaurant; - Her -se Sty provided t all stablesare In Cated aleast 40' from aRy bQildiRg used for human habitation and ` 5 from aRi property lino. In addition Gadsbad's Citywide Tr�aRl System must he raged o al��ge3tFi a'r�—use of the nnrtinnc+ of the trail adjacent to the rese b. Building and Lan4sGaipe Parking Setbacks The following building and parking setbacks shall be landscaped and conform to the requirements of the Commercial Tourist (C-T) Zone requirements (Chapter 21.29 of the Carlsbad Municipal Code) `"'hi„h apply to the nrniec+ and as follows: Building and I andsGape Setbacks - From Cannon Road right-of-way: From The Crossings Drive right-of-way: From outer western perimeter boundary and LEGOLAND Carlsbad From outer eastern perimeter boundary From internal lot lines Parking Setbacks - From all outer perimeter boundaries C. Buildinq Height 50 feet 20 feet 50 feet 20 feet Zero 15 feet Building heights shall conform to the building height standards of the Ci y's Zoning OrdinanGe (ChappteF5 21.04 and 21 29 060 of the Carlsbad Municipal GGde) except as rvmodifierl in this section. The habitable portion of buildings shall not exceed a height of 35 feet and/or three levels, and allowed height protrusions as described in C.M.C. Section 21.46.020 shall not exceed 45 feet. Additional habitable building height may be permitted up to a maximum of 45 feet in height and/or four levels, through a Site Development Plan approved by the City Council. Allowed height protrusions as described in C.M.C. Section 21.46.020 shall not exceed 55 feet, with the exception of an elevator tower connecting resort facilities and buildings on PA-5 and PA-5A that may be allowed up to 80 feet in height, subject to the following: i. All required street and perimeter building setbacks shall be increased at a ratio of one horizontal foot for every one foot of vertical construction beyond 35 feet. The cdditieRal setback area will ho T ii. The building conforms to the requirements of Section 18.04.170 of the Carlsbad Municipal Code; and iii. The allowed height protrusions as described in Section 21.46.020 of the Carlsbad Municipal Code (1) do not function to provide usable floor area; (2) do not accommodate and/or screen building equipment; (3) do not adversely impact adjacent properties; (4) are necessary to ensure a building's design excellence. d. Parking Standards i. Joint and common use parking facilities, .up to 15% of the total required onsite, are allowed within the resort(s) based on the potential for shared/off-peak uses. Specific rorJ�,��s percentages allowed of in paFkinrr _,1_­..!8Rt6 shall be determined based on provisions set forth in Section 21.44.050(a)(4) of the Carlsbad Municipal Code. ii. Hotel and Timeshare Units: Conventional 1.2 parking stall Lock -off 1.5 parking stall 2. DESIGN GUIDELINES a. Building Orientation The main building will be located near the resort entrance off Cannon Road. It will be oriented to provide views of Carlsbad Ranch and the ocean beyond from a maximum number of suites. Likewise, the other lodging buildings will be sited on the steeper terrain to the south of the main building to maximize views. b. Architectural Character All buildings shall reflect a Mediterranean vocabulary. Distinctive. architectural features characteristic of this style such as courtyards, arcades, balconies, terraces, arches and arbors shall be encouraged to create richness and visual interest to the buildings. C. Buildina Materials Building materials should incorporate or be generally compatible with a Mediterranean architectural vocabulary and shall be durable and high quality. Exterior wall and roof colors should be of low intensity earth tones. The buildings should be predominantly stucco walls with sloping tile roofs. Other materials which are permitted as accents for exterior walls are ceramic tile, ornamental wrought iron, natural stone, decorative block, wood or other compatible natural building materials. d. Buildina Form and Massi The resort buildings shall be well articulated by changes in horizontal and vertical planes to reduce the appearance of bulk and create interesting building silhouettes. Features such as arches, loggias, balconies, elevated walkways and window and entry recesses will be used to provide additional visual interest and detail. e. Building Roof Tops Sloping roofs, varying roof heights and forms shall be used to provide interesting building silhouettes. Rooftop mechanical equipment, with the exception of photo voltaic systems, shall be screened, enclosed and architecturally incorporated into visually interesting building tops. 1 il FIGURE 10 PLANNING AREAS 1 GEMOLOGICAL INSTITUTE OF AMERICA 6 SPECIALTY RETAIL 2 RESEARCH & DEVELOPMENT/OFFICE 7 FLOWER FIELDS 3 COMMUNITY HOTEL & RETAIL 8a GOLF COURSE 4 LEGO FAMILY PARK 8b GOLF COURSE 5 RESORT 9 NATURAL OPEN SPACE 5a RESORT 10 ACHES of lc# 2w Soo, i'a FIGURE 12 PARCELIZATIQN Parcel Acres (net) 1 - AGRICULTURE 53.42 2 - RETAIL 15.95 3 - GOLF 45.61 4 - G.I.A./ALT. 10.87 5 - GOLF 26.46 6 -R &D 5.78 7 - R&D 5.78 S - R&D 4.84 9 - R&D 4.00 10-R &D 4.95 11-R&D 4.03 12-R&D 3.79 13 - STREET "D" 1.97 14-R&D 3.38 15-R &D 3.46 Parcel Acres (net) 16 - OPEN SPACE 10.00 17 - RESORT 52.80 18 - LEGO 128.32 19 - LEGO DR. (PRIVATE) 0.94 20 - RESORT 3.14 MAP 13078, LOT 3 - RETAIL 10.70 MAP 13078, LOT 5 - G.I.A. 10.30 MAP 13078, LOT 6 - G.I.A 7.76 CT92-7, LOT 14 - HOTEL/RETAIL 10.48 PASEO DEL NORTE 0.08 POINTE PKWY. 0.10 CANNON RD. 3.02 ' LEGO DR. 2.49 ARMADA DR. 10.89 HIDDEN VALLEY RD. 2.84 PALOMAR AIRPORT RD, 2.39 an1Do1 2oa�` 600 fo ACHES u NOTE: REFER TO TENTATIVE MAP FOR PRECISE PARCEL LINES AND ACREAGES. TOTAL SPECIFIC PLAN 450.54 oc PROOF OF PUBLICATION STATE OF ILLINOIS COUNTY OF Cook The Undersigned, declares under penalty of perjury under the laws of the State of California: That he/she is and at all times herein mentioned was a citizen of the United States, over the age of twenty-one years, and that he/she is not a party to, nor interested in the above entitled matter; that he/she is Chief Clerk for the publisher of San Diego Union -Tribune a newspaper of general circulation, printed and published daily in the City of San Diego, County of San Diego, and which newspaper is published for the dissemination of local news and intelligence of a general character, and which newspaper at all the times herein mentioned had and still has a bona fide subscription list of paying subscribers, and which newspaper has been established, printed and published at regular intervals in the said City of San Diego, County of San Diego, for a period exceeding one year next preceding the date of publication of the notice hereinafter referred to, and which newspaper is not devoted to nor published for the interests, entertainment or instruction of a particular class, profession, trade, calling, race, or denomination, or any number of same; that the notice of which the annexed is a printed copy, has been published in said newspaper in accordance with the instruction of the person(s) requesting publication, and not in any supplement thereof on the following dates, to wit: March 17, 2016 I certify under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Dated in the City of Chicago, State of Illinois on this 17th of March 2016. Brittany Gera San Diego Union -Tribune Legal Advertising Order ID:4041994 Proof of Publication of See Attached AN ORDINANCE OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A SPECIFIC P'LA 14 AMENDMENT TO ANNEX 16 ACRES INTO PLANNING ,AREA S AS PLANNING AREA SA AND TO ESTABLISH, DEVELOPMENT STANDARDS FOR PLANNING AREA SA WITHIN THE nRLSB D RANCH SPECIFIC PLAN LOCAItED NORTH OF LE OLJtND CALIFORNIA, SCiIJiH F CANNON ROAD, EAST OF LEGOL,AND DRIVE, AND WET OF THE CRO55INGS GOLF. COURSE IN LOCAL FACILITIES MANAGEMENT ZONE 8. CASE NAME, ME, t ESTIN HOTEL SAND TIMES HAaRE CASE NO. t'Sig 207 IRi The City Counr it of the City of Carlsbad, California., does Ordain asto] Iows WHEREAS, the Cirlsttad Ranch Specific Plan iSP 207,1 was originally adopted by, City Counci► OrdinanceNo.NS- 27 on March T6,1993 and ha,s been amended evefaI tii€ies, and contains the uses, d veltoprirent standards and ties€gn for €1ae devalop.m.ent of the subject to ertyr ;and WHEREAS,,, TI€e Carisbad Ranch Sped tic Plain is the implementing ordinance for this property vvhi l is in the Coastal: Zone„ and WHEREAS, the amendment n5 desirable to take advantage of the unique position of Planning Area 5 within the Cartshad Ranch wtiicb is designated for commercial visitai serving rises, and WFIEREA � the City Council ofthe City of CarlsoaJ has revie, ed and considered Specific Plan Amendment SP 207'(R) for Tree Carlsbad Ranch Specific Plan; and WI-IEREAiS,.after procedures in accordance with regvirernerrts of law, the City Council has deterrivn ed taut the public interest indicates ttiat said; Specific Plan Amend merit iSP 207lltllrbeapproved. No W, THEREFORE, Ihe. Cityr C.unciN of the City of Carlsbad does Ordain as Follows: ECT ON 1� t That 5P Z07iRbx on tile, in the planning Division, and incarpuratoO herein b reference, is adopted, The Carlsbad iRaach'Specific-Plan shall constitute tile de'velopmerit plan for the property and all development within tire plan area s►tal►Conform To the plan. SECIMN it. That the Carlsbad Ranch Specific Plan (SP ZD y, as arnernded to datte� anAd further amended by Specific Plain Amendment ZtiirlK), dated December 16, 3015, is approved. SECTMIN III: That Specific Plan Amendment 207IIT.j replaces text in the Carlsbad Ranch Specific Plan, as shown on attachment "PLANNING AREA 5 AND Sri A RESORT," ECTMIN IV. That the fiordi rigs and conditions of the Planning Commission 41 Planning, Commission Retolutioin;No, 7M2short constitute the findings arad ron ditiorns of the City ' Couocii EFFECTIVE DATE; This ordlrnance. shall be effective thirty days after its adoption; and the cityr clerk Vial certify the aid ption of this ordinance and cause the full tint of the ordnance or a surnrrnary of the ordinance prepared by tire City Attorrneyi to Ire published at least once in a newspaper of general circulatian in The City of Carlsbad within fifteens days after its add firkin, $ Notw �thst�ta,� lira the precedi� 1 this or�iin an e sliall nor e eKctive trrati, �p�� rz�i�� y, the c Ufornid Coos Corn isiirarlaj INTRODUCED AND FIRST READ at a regular meeting of the>Carlsbad City Council on, the, 231d day of Fehruaryr, 2016, and thereafter; PASSED AND ADOPTED at a regular meeting of the City Council of tine City of Carlsbad on, the � days of14arch, 2016, by the following voter to Will: AYES_ itall,Woodi Schumacher, Blackburn, Packard.. NOES:- None ABSENT. None. ABSTAIN:: No no, APR ROVED ,AS TD>FOR NA A NO LEGALITY 'ilf-ELIA BREWER, City Attorney Is/MATTIs/MATT HALL, Mayor 4041994 RIJ PROOF OF PUBLICATION This space is for the County Clerk's Filing Stamp (2015.6 C.C.P.) STATE OF ILLINOIS County of Cook I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years and not a parry to or interested in the above -entitled matter. I am the principal clerk of the printer of Proof of Publication of The San Diego Union Tribune Formerly known as the North County Times and UT North County and which newspaper has been adjudicated as a newpaper of general circulation by the Superior Court of the County San Diego, State of California, for the City of Oceanside and the City of Escondido, Court Decree numbers 172171, 171349, for the County of San Diego that the notice of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of the said newspaper and not in any supplement thereof on the following dates, to -wit: Mar 17, 2016 I certify (or declare) under the penalty of perjury that the foregoing is true and correct. Dated at Chicago, Illinois on this 17th day of March, 2016 7. &Hif any Gerard Legal Advertising See Attached 4041994