HomeMy WebLinkAboutLCPA 90-08B; Carlsbad Ranch Specific Plan; Local Coastal Program Amendment (LCPA) (22)r
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PETE WILSON, Governor +p STATE OF CALIFORNIA-THE RESOURCES AGENCY
CALIFORNIA COASTAL COMMISSION
2/8/96 ,sN DIEGO, CA 92108-1725 Filed:
i 1 9) 521 -8036 49th Day: 3/28/96
180th Day: 8/6/96
Staff Report: 3120196 Hearing Date: 419-12196
5AN DIEGO COAST AREA
sill CAMINO DEL RIO NORTH, SUITE 200
Staff: WNP-SD
REGULAR CALENDAR
Appl i cation No. : 6-96-9
Appl i cant: Carl tas Company Agent: Hofman P1 anni ng
Description: Subdivision of 447.4 acres into 19 parcels (Master Tentative Map for Carlsbad Ranch - C.T 94-09 - Units 1,2 and 3) to allow the development of office, research and development, related light manufacturing, commercial, hotel/timeshare, destination resort, golf course, agriculture, a vocational school campus, and Legol and Carl sbad. Approx. 2,083,900 cu.yds. of grading and installation of roads and drainage improvements is also proposed. Also proposed are provisions ensuring that easements for pub1 ir, access traIlr shall be dedicated to the Ci ty of Carisbad and the installation of d rest/vista point which includes benches an a trash receptacle on the public pedestrianlgolf cart trail located between proposed Lots 5, 17 and 18.
Lot Area 447.5 acres Zoni ng Multiple Commercial Zones
Plan Designation Multiple Designations
Site: East of Paseo del Norte, North of Palomar Airport Road, South of Cannon Road, Car 1 s bad, San Di ego County . 2 1 1-022-01 -03, 07-01 3, 211-023-01-06
Substantive File Documents: Certified Carlsbad LCP Mello I1 segment, Local
Summarv of Staff's Preliminarv Recommendation:
Coastal Program Amendments 2-87, 1-83, 1-93, CDP #6-93-34
Staff is recommending approval of the tentative map and associated improvements subject to a number of special conditions addressing agricultural conversion and controls, recordation of public trail and walkway access
easements, public use of the proposed golf course/open space, future public
access trai 1 improvements, vi sua1 resources, grading and erosion controls, and
future development. This permit application accompanies, and is contingent
upon approval of, an amendment request to the City of Carlsbad Mello I1 LCP segment Land Use Plan and Implementation Program (LCPA #1-96, including Carlsbad Ranch Specific Plan 207(A)), also scheduled for the April 1996 Commi ssi on meeting.
CDP 6-96-9 Page 2
PRELIMINARY STAFF RECOMMENDATION:
The Commission hereby orants a permit for the proposed development, subject to the conditions below, on the grounds that the development, as conditioned, will be in conformity with the adopted Local Coastal Program, and will not have any significant adverse impacts on the environment within the
meaning of ,the Cal i forni a Envi ronmental Qual i ty Act.
11. Sta ndard Co ndi tiont.
See attached page.
111. SD ecial Conditions.
The permit is subject to the following cond tions:
1. Aqricultural Conversion. Prior to the ssuance of the coastal development permit, the applicant shall record a deed restriction against Lots
2,3,5,6,7,8,9,13,14,17 and 18, as shown on Master Tentative Map C.T 94-09. The restriction shall be recorded free of prior liens and encumbrances, except
tax liens, and binding on the permittees' successors in interest and any subsequent purchasers of any portion of the real property. shall indicate the following:
The restriction
a. The agricultural mitigation fee required in option #3 of Policy 2-1 of the certified Mello I1 LCP Land Use Plan is applicable to approximately 202
acres (as shown on Attachment C/Exhibit 8) of the Carlsbad Ranch Specific Plan, and includes Lots 2,6,7,9,13,14,17 and portions of Lots 8 and 18 of Master Tentative Map CT 94-09. In the event the proposed golf course on Lots
3 and 5, as shown on Master Tentative Map CT 94-09, is not exempt from Policy
2-1, or the exemption is voided, then the mitigation fee shall be applicable to Lots 3 and 5 consisting of approximately 74 acres.
Agricultural mitigation fees for any lot shall be paid to the City
upon issuance of a building permit for any improvement constructed on such
lot, except for any fees due for the proposed golf course. Any fee due for the proposed golf course shall be paid upon issuance of a grading permit for golf course purposes or, in the event such golf course is initially exempt
from the payment of mitigation fees and the exemptiom is later voided, then
such fees shall be paid at the time the exemption is voided.
use which is owned, leased or controlled by the City of Carlsbad shall be
exempt from Policy 2-1 of the Mello I1 LCP Land Use Plan.
b.
c. Conversion from agricultural use to a public recreation or open space
d. If at any time in the future, a public recreation or open space use, which was exempt from Pol icy 2-1, is no longer owned, leased or control led by
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CDP 6-96-9 Page 3
the City of Carlsbad, the exemption from Policy 2-1 will be voided and one of the three conversion options shall be implemented for said acreage.
The form and content of the deed restriction shall be subject to review and approval of the Executive Director, prior to the issuance of the coastal development permit.
2. Aaricultural Deed Restriction. Prior to the issuance of the coastal development permit, the applicant shall record a deed restriction against Lot 1 designated Open Space as shown on C.T 94-09, free of prior liens and encumbrances, except tax liens, and binding on the permittees' successors in
interest and any subsequent purchasers of any portion of the real property.
The deed restriction shall indicate that Lot 1 is designated for continued agricultural use under the certified Carl sbad Local Coastal Program Me1 lo I1 Land Use Plan and the Carlsbad Ranch Specific Plan, and that conversion to any use other than a permitted use pursuant to the Carlsbad Ranch Specific Plan shall require an amendment to the LCP and the Specific Plan, and an amendment to this coastal development permit. restriction shall be subject to review and approval of the Executive Di rector.
The form and content of the deed
3. Recordation of Public Trail and Walkwav Access Easements. Prior to the issuance of the coastal development permit, the applicant shall submit to . the Executive Di rector for review and written approval, evidence of compl iance
with the following, as proposed by the applicant:
a. to include notes to the effect that the pedestrian, trail and/or access
easements shown on the Tentative Map, to implement provision of the pedestrian
ways and trails shown on the Dedicated Trail Plan attached as Exhibit 6, shall
be for use by the general public, and that easements for the identified trails
shall' be dedicated to the City of Carlsbad on the final subdivision map
(Master TM 94-09 Units 1,2 and 3) which includes the easement area, or an irrevocable offer to dedicate such trail easements shall be given to the City on or before the date such final map is recorded in the Office of the County Recorder.
Revision to the Master Tentative Map for Carlsbad Ranch (C.T. 94-09)
b. Submittal of evidence of compliance with either the easement dedications or recordation of the offers to dedicate trail easements, prior to
issuance of the coastal development permit for the Unit of the Master TM 94-09
which contains the trail easements.
4. Prior to the issuance of the
the coastal development permit, the applicant shall record a deed restriction
against Lots 3,5 and 17 as shown on C.T 94-09 revised 10/95,,free of prior
liens and encumbrances, except tax liens, and binding on the permittees' successors in interest and any subsequent purchasers of any portion of the real property. The deed restriction shall indicate that the future golf course within the Open Space Lots 3 and 5, if managed by the resort or other
private entity, shall be open to the public on a fee basis. This restriction
is intended to clarify that "open to the public on a fee basis" means the golf
course shall be open to the public on a daily fee basis as well as to resort
patrons or club members. At least 50% of the tee times must be reserved for
Public Use o f Golf Course/ODen Space .
CDP 6-96-9 Page 4
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th general public, as opposed to exclusively for resort patrons or c Irb members. Details regarding operation of the facility and other restrictions
including, but not 1 imi ted to, reservation procedures and attendance monitoring, will be developed through future coastal development permits for
the golf course and the resort to be developed on the adjacent Tourist Recreation Lot 17. Said restriction shall be recorded in a form and content
acceptable to the Executive Director, prior to issuance of this coastal development permit.
5. Future Public Access Trail ImDrovements. Implementation of the Dedicated Trail Plan as shown on attached Attachment A/Exhibit 6, shall occur concurrent with development of the planning areas which contain the trail easements, and improvements shall be installed prior to occupancy of the development within those lots that include the public trail system. addition to the trail improvements identified in the Carlsbad Ranch Specific
Plan, the applicant has proposed the installation of a restlvista point which
includes benches an a trash receptacle on the public pedestrianlgolf cart
trail located between proposed Lots 5, 17 and 18. An illustration of the
concept is attached as Exhibit 7. Installation of the proposed pedestrian
trai 1 improvements on the resort/Legoland trai 1 shall occur prior to occupancy
of the Legoland development on Lot 17.
In
6. Gradina/Erosion Control. Prior to the issuance of the coastal development permit, the applicant shall submit to the Executive Director for
review and written approval, final site and grading plans approved by the City
of Carlsbad which incorporate the following requirements:
a. All grading activity shall be prohibited between October 1st and April
1st of any year.
b. All areas disturbed by grading shall be planted within 60 days of the
initial disturbance and prior to October 1st with temporary or permanent
(in the case of finished slopes) erosion control methods. The use of temporary erosion control measures, such as berms, interceptor ditches, sandbaggi ng, fi 1 tered i nl ets, debri s basins and si 1 t traps, shall be
utilized in conjunction with plantings to minimize soil loss from the
graded areas. Said planting shall be accomplished under the supervision of a licensed landscape architect, shall provide adequate coverage within 90 days, and shall utilize vegetation of species compatible with surrounding native vegetation or agri cul tural crops in designated agri cul tural areas, subject to Executive Director approval.
c. All permanent runoff and erosion control devices shall be developed and installed prior to or concurrent with any on-site grading activities.
7. Final Gradina and Dra inage Plans. Prior to the issuance of the coastal development permit, the applicant shall submit for the review and written approval of the Executive Director, final grading plans approved by the City of Carlsbad for utility, road, and drainage improvements. The plans
shall clearly show the existing and finished contours, the topography of the
areas to be graded or filled, as well as the existing topography of the
CDP 6-96-9 Page 5
agricultural areas to be left in their natural .condition. submit a grading schedule which addresses the proposed phasing of grading and insures that agricultural uses will remain in continous production as long as
feasible prior to being graded. To that end, the grading plan shall clearly i ndi cate a) what agri cul tural areas wi 11 be graded (site prepared) to maintain acceptable grades for continuing agricultural production and b) what existing agricultural areas wi 11 be graded to be permanently converted to accommodate urban uses. The coastal development permit may be released in phases in accordance with the approved grading schedule and the phasing program identified in the Carlsbad Ranch Specific Plan.
the parcels and/or development included in the individual phases shall be complied with prior to the issuance of the permit for those phases.
The plan shall
All conditions applicable to
8. Final Landscape Plans. Prior to the issuance of the coastal
development permit, the appl i cant shall submi t a detai 1 ed 1 andscape plan for
the interim and, if permanent, long-term slope plantings that indicates the
type, size, extent and location of all plant materials, the proposed
irrigation system and other landscape features. Drought tolerant native or
naturalizing plant materials shall be utilized to the maximum extent
feasible. Special emphasis shall be placed on use of specimen size street trees consistent with the requirements of the Carlsbad Ranch Specific Plan for
those permanent slope areas to be landscaped upon completion of the grading associated with this permit, to provide effective screening of the development . from views from major roadways and coastal access routes, i.e. 1-5, Palomar Airport Road and hnnon Rmd. Also, .special emphasis shall be placed on
landscaping the proposed desiTtation basin with native species compatible with the riparian and freshwater marsh vegetation within the existing desiltation basin/drainage area north of Palomar Airport Road. The plant species list and
1 andscape pl an shall be revi ewed by the Executi ve Director, i n consul tati on
with the State Department of Fish and Game, to guard against introduction of
any species which are inherently noxious to, or incompatible with on-site
native vegetation and surrounding agricultural crops and floriculture. Said
plan shall be submitted to, reviewed and approved in writing by the Executive
Di rector.
9. Future Development. This coastal development permit is for the subdivision of the 447.5 acre site and site preparation, including rough
grading, construction of roads, utility, and drainage improvements as shown on
TM 94-09. All other development proposals for the site, including but not
limited to the subsequent development of the hotel or a.ny other structures,
shall require review and approval by the Coastal Commission, or its successor
in interest, under a separate coastal development permi t(s).
10. LCP Effective Certification. Approval of the coastal development
permit is conditioned upon certification of Local Coastal Program Amendment
#1-96(C). Accordingly, prior to issuance of the coastal development permit, the applicant shall obtain a written statement of the Executive Director of
the Coastal Commission confirming that the Coastal Commission has effectively
certi fi ed LCPA #1-96(C) i n accordance wi th Cal i forni a Code of Regulations title 14, section 13544.
CDP 6-96-9
Page 6
IV. Findinas and Declarations.
The Commission finds and declares as follows:
1. Detai 1 ed Proiect DescriDtion/LCP Historv. Proposed is the subdivision and site preparation of 447.5 acres of mostly vacant agricultural land in Carlsbad known as the Carlsbad Ranch (Master Tentative Map for Carlsbad Ranch - C.T 94-09 - Units 1.2 and 3). The site is located east of Paseo Del Norte
and west of the future Hidden Valley Road and between Cannon Road and Palomar
Airport Road to the north and south, respectively, in the Me110 I1 segment of
the Carlsbad LCP. The subdivision would create 19 parcels to allow the development of office, research and development, related light manufacturing, commercial, hotel/timeshare, destination resort, golf course, agriculture, a vocational school campus, and Legoland Carlsbad. Approx. 2,083,900 cu.yds. of grading and installation of roads and drainage improvements is also proposed.
The amended Carlsbad Ranch Specific Plan proposes the creation of nine planning areas.
each planning area. The proposed planning areas are as follows:
Development standards and design guidelines are specified for
1. Planning Area 1 - Gemological Institute of America 2. Planning Area 2 - Research and Development' 3. P1 anni ng Area 3 - Hotel /Retai 1 4. Planning Area 4 - Legoland Carlsbad
5. Planning Area 5 - Resort 6. Planning Area 6 - Specialty Retai 1 7. Planning Area 7 - Flower Fields
8. Planning Area 8 - Golf Course 9. Planning Area 9 - Natural Open Space
The Coastal Commission approved the original Carlsbad Ranch Specific Plan 207 in 1993 (LCPA 1-93, CDP 6-93-34). A comparision of the acreage by use type is provided below of the previously approved Carlsbad Ranch Specific Plan 207 and the proposed amended Specific Plan 207(A):
Total Acreage
Institutional Uses
Offi ce/R&D Uses
Retail Uses
Community Hotel
Resort Legol and
Go1 f
Flower Fi elds/Agri cul ture
Agri cul tural /Open
Space
423.5 acres 17.8 acres
44.4 acres
13.6 acres 11.1 acres
0 acres 0 acres 24.5 acres 39 acres 267.3 acres
ProDosed P1 an
447.4 acres
28.9 acres
40 acres 27.7 acres 9.4 acres 52.8 acres
129.2 acres
72 acres 53.4 acres 10.0 acres
. CDP 6-96-9
Page 7
Comparison of the Building Square Footage by Use Type
Total Square Footage 1,880,000 2,934,830 Institutional Uses 330,000 550,000 Office/R&D 1,120,000 800,000 Retai 1 220,000 320,000
Resort 0 647,000
Legol and 0 425,750
Community Hotel 210,000 (280 rooms) 1 92,080
(700 rooms)
The Carlsbad Ranch is in one ownership and has been held by the Ecke family since the 1950s, during which time the site has been in continuous
agricultural production. Presently, 331 acres of the property are under a Williamson Act agricultural preserve contract; approx. 182 acres of agricultural lands would be removed as a result of the amended specific plan. The agri cul tural /urban boundari es of the contract were amended twice in 1988
as a result of Local Coastal Program Amendments 1-87 and 1-88. In these actions the Commission a1 lowed for adjustments to preserve acreage boundaries involving no net loss of agricultural lands and allowed for urban development
for the remai ni ng 1 ands .
2. Preservation of Aari cul ture/History. Preservation of agricultural
use has been addressed in the Mello I1 Local Coastal Program as follows:
Section 30242 of the Coastal Act states:
All other lands suitable for agricultural use shall not be converted
to nonagricultural uses unless (1 continued or renewed agricultural use is not feasible, or (2) such conversion would preserve prime agricultural
land or concentrate development consistent with Section 30250. Any such
permi tted conversion shall be compatible with continued agri cultural use
on surroundi ng 1 ands .
In an effort to preserve the agricultural lands of the site consistent with
Section 30242 of the Coastal Act, the LCP as originally certified by the
Commission in 1981, included special provisions for use of the contiguous 423.5 acre Ecke (Carltas) holdings. As with all of the agricultural lands of
the Carlsbad LCP, the subject lands were treated as non-prime lands even
though some of the property could h,ave met the "prime" criteria because of the
economic return the land was providing from agricultural production. The Commission's rationale for treating all lands in the LCP as non-prime was that
the majority could not meet the prime status, and to treat those that could
meet the criteria solely based on economic return would penalize owners of such lands and would provide incentives for taking the most productive lands out of production.
Major amendments to the LCP certified by the Commission in 1985 significantly
CDP 6-96-9
Page 8
ch ged the policies of the LCP regarding agricultural preservation. amendments essentially allowed for conversion of all of the agriculturally
designated lands within the City's Mello I and Mello I1 segments. conversion was to be allowed pursuant to either (1) a determination of
infeasibility of continued agricultural use based on area wide studies or, (2) participation in a mitigation program designed to offset the loss of
agricultural lands or (3) payment of an agricultural mitigation fee. The funds accrued from the fees required under the third option are used in the
restoration and enhancement of natural resources, pub1 i c access opportuni ties, and agricultural preservation in Carlsbad.
However, at the request of the subject owner, the Carltas property was not
included in the LCP amendments approved by the Commission for the remainder of
the Mello I and Mello I1 segment agricultural lands. Subsequently, the Commission has approved the Carlsbad Ranch Specific Plan 208 (LCPA #1-93) and now, Carl sbad Ranch Specific Plan 207(A) LCPA #1-96C, which address
agricultural use on the subject property.
Those
Such
In addition to the LCP provisions regarding agricultural preservation, the site i s a1 so subject to Wi 11 iamson Act Agricultural Preserve contracts which
provide for tax assessment at a rate lower than fair market value for those acres retained in agricultural use. Prior to this amendment, the contract has been amended twice. addition to adding botanical gardens, farmer's markets, and a floral auction
to the list of permitted uses.
boundary resulting in the present configuration of the preserve.
time, the Carltas acreage under contract was the same as that designated for
continued agricultural use in the "mixed use" option of the LCP.
The first amendment adjusted the contract boundary in
The second amendment adjusted the contract At that
The companion LCP amendment to this coastal development permit at this Commission meeting has revised the Mello I1 LUP Policy 2-1 (Conservation of
Agricultural Lands) to apply it to the area of the Carlsbad Ranch within the
agricultural preserve, with the exception of approximately 52.4 acres to be
retained for agricultural use and would provide that any acreage under the
control of a public entity for use as public recreation or open space will be
exempt from policy 2-1.
exempt from the agricultural mitigation program. Thus, this amendment
proposes to a1 low development of lands previously under Wi 1 liamson Act
Agricultural Contract provided compl i ance wi th the agricultural conversion
mitigation requirements applied to other properties in the Mello I1 segment is
achi eved.
This would allow the proposed golf course to be
To that end the City states that the proposed conversion of agricultural land
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. has identified that the Flower Fields shall remain in flower production in perpetuity. year. If the landowner proposes to change this obligation, a five-year advance notice must be provided along with an alternative agricultural use
proposal which must be initiated at the end of the five years.
be analyzed to allow the continuation of flower production.
The City
The landowner must plant an open-field flowering crop every
Methods must
The above is
CDP 6-96-9
Page 9
formalized in a deed restriction and CC&R's restricting Planning Area 7 to
agricultural use. In addition, the City retains the right to purchase the Flower Fields should the landowner elect to sell them.
The Commission notes that while only 52+ acres of agricultural lands would
remain on the Carlsbad Ranch, these lands would be preserved in perpetuity. Additionally, the majority of the agricultural lands would be converted to tourist-serving uses, priority land uses under the Coastal Act. These uses wi 11 provide recreation and pub1 i c access opportunities on an unprecedented
scale in Carlsbad, particularly the projected 2.2 million visitors that will
visit the Legoland facility. Thus, the Commission finds the conversion of
agricultural lands can be supported subject to the agricultural mitigation
requirements of the Carlsbad LCP.
The applicant has chosen the third option designated in Policy 2-1 of the
certified Mello I1 LCP to mitigate the loss of agricultural land on the
subject property. The option requires the payment of an agricultural
mitigation fee of between $5,000 and $10,000 per acre of land converted from
agricultural to urban use. The funds accrued from the fees are to mitigate
the loss of agricultural land and are used for preservation of agricultural
lands in Carlsbad, as well as other uses identified in the certified Mello I1
LCP land use plan and Section 30171.5 of the Coastal Act..
Special Condition #1 provides that prior to the issuance of the coastal
development perffit, the applicant shall record a deed restriction against Lots
2,3,5,6,7,8,9,13,14,17 and 18, as shown on Master Tentative Map C.T 94-09. The agricultural mitigation fee required in option #3 of Policy 2-1 of the
certified Mello I1 LCP Land Use Plan is applicable to approximately 202 acres
of the Carlsbad Ranch Specific Plan. However, in the event the proposed golf
course on Lots 3 and 5, as shown on Master Tentative Map CT 94-09, is not
exempt from Policy 2-1, or the exemption is voided, then the mitigation fee
shall be applicable to Lots 3 and 5 consisting of approximately 74 acres.
The condition also provides that the agricultural mitigation fees for any lot
shall be paid to the City upon issuance of a building permit for any
improvement constructed on such lot, except for any fees due for the proposed golf course. Any fee due for the proposed golf course shall be paid upon
issuance of a grading permit for golf course purposes or, in the event such golf course is initially exempt from the payment of mitigation fees and the exemption is later voided, then such fees shall be paid at the time the exempt! on i s voided.
Special Condition #2 provides that prior to the issuance of the the coastal development permit, the applicant shall record a deed restriction against Lot 1 designated Open Space as shown on C.T 94-09. The deed restriction shall
indicate that Lot 1 is designated for continued agricultural use under the
certified Carlsbad Local Coastal Program Mello I1 Land Use Plan and the Carlsbad Ranch Specific Plan, and that conversion to any use other than a permitted use pursuant to the Carlsbad Ranch Specific Plan shall require an
amendment to the LCP and the Specific Plan, and an amendment to this coastal development permi t.
COP 6-96-9 Page 10
Therefore, based on the above and only as conditioned as above, can the
Commission find the proposed tentative map and associated grading consistent
with the agricultural preservation policies of the certified Mello I1 LCP, the Carlsbad Ranch Specific Plan.
5. Vi si tor Accommodations/Priori tv Uses
In carrying out the requirement of Section 4 of Article X of the
California Constitution, maximum access, which shall be conspicuously posted, and recreational opportunities shall be provided for all the people consistent with public safety needs and the need to protect public rights, rights of private property owners, and natural resource areas from overuse.
Section 30211 (in part)
Lower cost visitor and recreational facilities shall be protected
encouraged, and, where feasible, provided. Development providing public recreational faci 1 i ties are preferred.
The Coastal Act promotes and preserves a full range of public access
opportunities to and along the shoreline, including the provision of lower
cost vi si tor-serving faci 1 i ties which serve and support coastal vi si tors.
Section 30222 gives priority for the use of private lands suitable for
vi si tor-serving commercial recreational facilities to the exclusion of
residential, general commercial, and other uses. Section 30223 provides that upland areas necessary to support coastal recreational uses shall be reserved.
The Coastal Act mandates that affordable.vi si tor accommodations, as we1 1 as
low-cost recreational facilities, be provided. Section 30213 addresses both the provision of lower cost visitor and recreational facilities and it
establishes a preference for those developments which provide public
recreational facilities. The Coastal Commission has had recent concerns over the privatization of visitor-serving uses and public recreational facilities.
The Commission has emphasized the need for the Specific Plan to incorporate
lower cost public recreational facilities to the fullest extent possible. The
Cornmission recognizes that the Legoland Park is a commercial recreational use,
however, i t does not address public recreational needs directly. The specific
plan proposes that the proposed resort's golf course would be open to the general public and as such begins to address Section 30213 of the Act more
directly. However, golfing is not the sport for everyone and tends to be.
quite costly considering both equipment and playing fees. Therefore, staff
urged the City and project proponent to consider ways in which broader public
recreational opportunities could be provided. An extensive public trail
system was suggested, with lagoon overlooks, intermittent seating areas and
appropri ate support faci 1 i ti es , which could be designed i n concert wi th the
proposed golf course as a public recreational use.
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CDP 6-96-9
Page 11
Th os d master t tative map incorporates a public access trail system that' basically follows street and sidewalks on the perimeter of the Carlsbad
Ranch and at some key interior streets. A pedestrian promenade and its associated public viewpoints are proposed adjacent to Armada Drive near the
ridgeline which will give the public a panoramic view of the ocean to the west. Also, a pathway from Planning Area 6 near Paseo Del Norte to the
ridgeline across the flower fields is proposed which will give the public immediate visual and physical access to the flower fields. However, while the master tentative map proposes the trai'l system the Commission finds a number of special conditions are warranted to insure that public access will be maintained on the Carlsbad Ranch in perpetuity.
Speci a1 Condition #3 requi res recordation of publ i c trai 1 and walkway access easements.
project desription for the proposed tentative map approval and is being memorialized through the attached special condition. That is the master
tentative map shall include notes to the effect that the pedestrian, trail and/or access easements shown on the Tentative Map, to implement provision of the pedestrian ways and trails shown on the Dedicated Trail Plan attached as
Exhibit 6, shall be for use by the general public, and that easements for the
identified trails shall be dedicated to the City of Carlsbad on the final
subdivision map which includes the easement area (C.T. 94-09), or an
irrevocable offer to dedicate such trail easements shall be given to the City '
on or before the date such final map is recorded in the Office of the County
Recorder. The condition requires submittal of evidence of compliance with either the easement dedications or recordation of the offers to dedicate trail
easements prior to issuance of the coastal development permit for the unit of
TM 94-09 containing the easements.
The following has been proposed by the applicant as part of the
Special Condition #5 requires that implementation of the trail shall occur
concurrent with development of the planning areas which contain the trail
easements, and improvements shall be installed prior to occupancy of the
development within those lots that include the public trail system.
addition to the trail improvements identified in the Carlsbad Ranch Specific
Plan, the applicant has proposed the installation of a rest/vista point which
includes benches an a trash receptacle on the public pedestrian/golf cart
trail located between proposed Lots 5, 17 and 18. An illustration of the
concept is attached as Exhibit 7.
trail improvements on the pedestrian/golf cart trail shall occur prior to
occupancy of the Legoland development on Lot 17. This requirement is
consistent wiht the City of Carlsbad approval of the Tentative Map which specifies the pedestrian promenade and other improvements shall be constructed
with the respective phases of development they are located within, to obtain
the goals and objectives of the Specific Plan.
As noted, another concern is an increasing privatization of public facilities or vi si tor-oriented uses. In both expansions to or redevelopment of existing public recreational sites or visitor uses (ie. Pebble Beach and Marineland Resort), the Coastal Commission has begun to question changes in use or operation, such as exclusionary membership requirements or restricted public
accessi bi 1 i ty, which serve to privatize an otherwi se proposed publ i c faci 1 i ty
In
Installation of the proposed pedestrian
4
CDP 6-96-9
Page 12
or visitor accommodation. Therefore, when a facility is proposed as a public use or visitor accommodation open to the public, the Commission wants to assure the facility will operate and remain as a use available to the general public without limitations. Therefore, the Coastal Commission is requiring a deed restriction to be recorded against the property clarigying what the
phrase open to the public on a fee basis means.
Special Condition #4 requires that the applicant shall record a deed restriction against Lots 3,5 and 17 to indicate that the future golf course within the Open Space Lots 3 and 5, if managed by the resort or other private entity, shall be open to the public on a fee basis, consistent with the
language in the Carlsbad Ranch Specific Plan. This restriction is intended to
clarify that "open to the public on a fee basis" means the golf course shall be open to the public on a daily fee basis as well as to resort patrons or club members. At least 50% of the tee times must be reserved for the general public, as opposed to exclusively for resort patrons or club members. regarding operation of the facility and other restrictions including, but not
1 imi ted to, reservation procedures and attendance monitoring, wi 11 be
developed through future coastal development permits for the golf course and
the resort to be developed on the adjacent Tourist Recreation Lot 17. If the
golf course is owned, leased or controlled by the City of Carlsbad, the above
restrictions will not apply. Only as conditioned, can the the Commission find
the proposed subdivision consistent with the certified LCP.
Details
3. Protect ion of Sensitive Habitat. The certified Mello I1 LCP requires that sensitive habitat areas be protected from adverse impacts from new
development. Because of ongoing agricultural activities, only 16 acres of
sensitive vegetation is present on the Carlsbad Ranch. (naturally vegetated steep slopes, freshwater marsh, riparian habitat) except a mature stand of willows and some cattails in an existing desiltation basin located north of Palomar Airport Road in Planning 4 are well removed from any
development that would take place at this time.
was that the riparianlfreshwater marsh area be preserved as open space, and that deed restriction has been recorded.
All the resources
A requirement of CDP #6-93-34
In addition, the previous approval reserved the sensitive resources located in
the northeast portion of the site (Lot 16) as open space and that deed restriction has been recorded. enviromentally sensitive Macario Canyon. appropriate to protect these resources at the subdivision stage consistent with the riparian habitat protection policies contained in the Specific Plan. Additionally, the Commission found that the Specific Plan is supplemented by
the resource protection policies in the Mello I1 LCP which provide for protection of natural ly-vegetated steep slope areas. Therefore, preservation of these sensitive areas from future development, at this time, is consistent
with the resource protection policies of the Mello I1 segment of the certified LCP.
This portion of the site connects to the The Commission found it was
4. Scenic Resources/Visual Imoact. The site is composed of gently roll i ng topography and contai ns three north-south trending ridges. range from a high of 280 mean sea level (msl) in the northeastern portion of
Elevations
I ., .
.. CDP 6-96-9
Page 13
the site to a low of 60 feet MS1 in the southwestern portion of the site.
Much of the site is currently in agricultural production.
Development is approved for the top of the ridge, and buildings would be
visible along the top of the ridge from many points along 1-5, Palomar Airport Road, and Cannon Road, all listed as Scenic Highways in the LCP. The site is
a Carlsbad landmark in the spring when the ranunculus' are in bloom; therefore, any development on the site would draw viewer attention,
particularly in the spring. Other factors that affect visual resources include grading, which is proposed at 2,045,000 cubic yards. Grading and building simulations have been performed from key viewpoints. simulations indicate the proposed development is compatible with views of similar urban uses in the adjacent area which include Pea Soup Anderson, Car Country Carlsbad, and other development along Paseo del Norte, Palomar Airport Road, and Cannon Road. In addition, the proposed building setbacks,
agricultural buffers, and landscape features provide screening from many
vi ewpoi nts. The Speci fi c P1 an contains development standards and design
guidelines (i.e., building coverage standards, agricultural setbacks, building
and landscape setbacks, tree planting standards, varied height and rooflines
to reduce appearance of bulk, varied compositional elements of street level
storefronts to create pedestrian interest, color buildings to surrounding
areas, etc.), that will protect the visual quality of the area. The visual impact of the buildout of the Carlsbad Ranch will also be mitigated during the spring by the blooming ranuncules' of the Flower Fields. finds the amendment can be found consistent with certified LCP.
These
Thus the Commission
The project proposes grading in four phases, beginning with the Paseo Center to be followed by north, south, and central phased grading. The EIR states that agricultural uses are anticipated to continue in the central and southern
sections until development of those phases begins. Grading for the southern phase will also result in excess earth to be placed in the central area.
Again, the EIR states that agricultural uses in the central area area expected
to continue while the southern phase is being developed, but notes that
agricultural operations may be temporarily interrupted during grading
operations. The Commission wants the assurance that agricultural uses will
continue as long as possible. Therefore, the Commission finds that approval
of the grading in phases is necessary. Special Condition #7 requires final grading plans approved by the City of Carlsbad for utility, road, and drainage improvements. The plans shall clearly show the existing and finished contours, the topography of the areas to be graded or filled, as well as the existing topography of the agricultural areas to be left in their natural condition. The plan shall submit a grading schedule which addresses the proposed phasing of grading and insures that agricultural uses will remain in continous production as long as feasible prior to being graded. To that end, the grading plan shall clearly indicate a) what agricultural areas will be graded (site prepared) to maintain acceptable grades for continuing agricultural production and b> what existing agricultural areas wi 11 be graded to be permanently converted to accommodate urban uses.
Special condition #8 requires a final landscape plan to assure that visual impacts are addressed, particularly from views looking from west to east
CDP 6-96-9 Page 14
across the site. The plan must include the use of specimen size trees around
the proposed 3-story structures and the hotel to intermittently screen these
developments from public views from the major roadways, coastal access routes and significant resources of the area as much as feasible.
Special Condition #9 requires that all future development on the site,
including but not limited to the subsequent development of the hotel or any other structures, shall require review and approval by the Coastal Commission,
or its successor in interest, under a separate coastal development permit(s1.
5. Erosion/Sedimentation. The certified Mello I1 LCP calls for the
preservation of sensitive habitat in the coastal zone, including lagoons, through the regulation of upstream development.
The project site is located about 1,000 yards from Agua Hedionda Lagoon, one of 19 wetland areas of significant importance as referenced in Coastal Act section 30233. to be balanced on-site. The grading and improvement of Cannon Road on the north boundary of the project site raises the concern for sedimentation
impacts to the lagoon.
grading, Special Condition #6 has been attached to the permit.
The proposed project involves 2,045,900 cubic yards of grading
To guard againtt adverse impacts of the proposed
Special Condition #6 addresses the potential impacts of the proposed grading on the downstream resources of the Agua Hedionda Lagoon. applicant to submit a grading and erosion control plan.for the project. The
condition also requires that all grading be limited to the non-rainy season,
defined as October 1st to April 1st of each year. As conditioned, the
proposed grading is found to be consistent with the grading and erosion
control provisions contained in the certified LCP.
It requires the
7. Local Coastal Program. As mentioned, the subject permit
application was submitted with a corresponding application from the City of
Carl sbad to amend the Land Use P1 an and Imp1 ementi ng Ordinances of the Me1 lo
I1 segment of the LCP regarding the Carltas property.
As amended by companion LCPA #1-96, the LCP allows the conversion of all but
52.4 acres of the Carlsbad Ranch to urban uses.
proposed for development appropriate for conversion to urban uses under the mi xed use concept. The proposed subivi sion i s consi stent with the combination
district designations given to the site in the LCP. With the attached special
conditions regarding the preservation of agriculture, preservation of pub1 ic
access, control of erosion and sedimentation etc., the Commission finds that
the approved subdivision and grading will be consistent with the local coastal
program, as amended, and that a permit may be issued.
The LCP designates the areas
STANDARD COND I TIONS:
1. Notice of ReceiDt a nd Acknowledaement. The permit is not valid and development shall not commence until a copy of the permit, signed by the permittee or authorized agent, acknowledging receipt of the permit and
acceptance of the terms and conditions, is returned to the Commission
.'
off i ce.
COP 6-96-9
Page 15
2. ExDiration. If development has not commenced, the permit will expire two
years from the date on which the Commission voted on the application.
Development shall be pursued in a diligent manner and completed in a
reasonable period of time.
be made prior to the expiration date.
Application for extension of the permit must
3. co mDliance. All development must occur in strict compliance with the proposal as set forth below. Any deviation from the approved plans must be reviewed and approved by the staff and may require Commission approval.
4. Interoretation. Any questions of intent or interpretation of any
condition will be resolved by the Executive Director or the Commission.
5. InsDect iqu. The Commission staff shall be allowed to inspect the site
6. Assianrnent.
and the development during construction, subject to 24-hour advance notice.
assignee files with the Commission an affidavit accepting all terms and conditions of the permit.
7. Terms and Conditions Run with the Land. These terms and conditions shall ~ be perpetual, and it is the intention of the Commission and the permittee to bind all future owners and possessors of the subject property to the
terms and conditions.
The permit may be assigned to any qualified person, provided
(6009R)
City of Oceanside
of Marcos
Figure 2
CITY CONTEXT
3
LOCATION MAP
CARLSBAD RANCH SPECIFIC PLAN
AMENDMENT
EIR 94-01 /GPA 94-03/LCPA
SP 207(A)/SP 144(G)/LFMP
AP 76-01 (D)/CT 94-09/PUD
HDP 94-07/DEVELOPMENT
9 4 -0 3/zc
87-1 3(B)/
94-071
94-021
EXHIBJT NO. 3 AGREEMEN' 1-1
a California Coastal Commission
EXHIBIT NO. -1
DEVELOPMENT SUMMARY
......... .......... ........... .......... ........... .......... ........... .......... DEVELOPMENT AREAS ........... ..........
NUMBER LAND USE
E] --- AGRICULTURAL GOLF COURSE
ACRES (NET) DEVELOPMENT PROGRAM
1
2a,b
3 4a,b,c 5
6-1 2,14- 15 13
16
17
18
19
20
AGR I C U LTU RE
SPECIALTY RETAIL
GOLF
G.I.A. VOCATIONAL SCHOOL
GOLF
RESEARCH & DEV'T
STREET "D" (PRIVATE)
OPEN SPACE
RESORT
LEGO FAMILY PARK
LEGO DRIVE (PRIVATE)
COMMUNITY HOTEL & RETAIL
PUBLIC ROADS
53.42
26.65
45.6 1
28.93
26.46
40.01
1.97
10.00
52.80
128.32
0.94 10.48
21.81
EXISTING FLOWER FIELDS
300,000 SF
4 HOLES OF GOLF
550,000 SF
3 HOLES OF GOLF
800.000 SF
PRESERVE IN NATURAL STATE
700 SUITES; 647,000 SF
425,750 S.F.
212,080 SF; 280 ROOMS
TOTAL SPECIFIC PLAN: 447.40 AC
6
2,934,830 SF
0 I
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 LEG0 FAMILY PARK 8b GOLF COURSE
5 RESORT
,-
I @ California Coastal Commission
I'
Figure 5
WILLIAMSON ACT LANDS
NON-WILLIAMSON ACT LANDS 121.08 Acre8
WILLIAMSON ACT LANDS REMAINING UNDER CONTRACT 149.7 Acres
WILLIAMSON ACT LANDS TO BE REMOVED 181.2 Acres
14
shall be given lo ths City)
cI Oesignates access points only and no dedicated trail easement ou!sde the boundary oftne
Master Tentative Map for Carlsbad Ranch (C.T. 94-09!
42' Water & Trail Ecsement . i. U I
Attachment B ' i-
Plan View L Bike & Golf Cad Poth I Pedestrian Poth
Rest Area wtth Eenches and Trash Receptccle
Rest area
locciion
Location Map I
c
Figure
TRAIL REST AREA
ai California Coastal Commission I
l
1 SCO'
1 0- I! 800'
.
sw. 1" = 800' I!
Attachment C
h ---
EXHIBIT NO. $? '
e California coastal Comrnisslon 1
ACREAGE ON WHICH CONVERSION MlTlGATlON FEE WILL BE PAID (202.1 1 ACRES)
GOLF COURSE LANDS (73.74 ACRES! . I - ! LCT NL'MBE? AREA {Acres) LClT NUMGE? AX4 (Acrta) LOT NUMBEFi AREA (ACrsSf i
c.00
7 5.9s
46.57 c.00
27.1 7
5.76 5.78
C.45 4.00 C.00 0.00 0.00
1.47 3.38
5 6 7 8' 9
0.00 0.00 53.75
109.53 0.9:
~MADA OR 0.00
EGO DR &