HomeMy WebLinkAboutLCPA 90-08B; Carlsbad Ranch Specific Plan; Local Coastal Program Amendment (LCPA) (29).. . _- .
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SAN DIEGO COAST AREA
31 11 CAMINO DEL RIO NORTH, SUITE 200
SAN DIEGO, CA (619) 521-8036 92 108-1 725
TO: COMMISSIONERS AND INTERESTED PARTIES
FROM: PETER DOUGLAS, EXECUTIVE DIRECTOR
SUBJECT : EXECUTIVE DIRECTOR'S DETERMINATION that the City of Carlsbad's
actions, certifying its Local Coastal Program Amendments #2-95
(Development Agreements) and #1-96C (Carlsbad Ranch) are adequate to effectively certify its local coastal program amendments (for
Coriimission review at its meetin? of August 12 - 16, 1996)
BACKGROUND
At its October 10, 1995 meeting, the Coastal Commission certified, with suggested modifications, the City of Carlsbad's Local Coastal Program Amendment #2-95 amending the implementation plan of the City's LCP. amendment addressed the processing of development agreements and the Commission action reflected how that process would be integrated with the LCP's administration. At its April 11, 1996 meeting, the Coastal Commission
certified, with suggested modifications, the City of Carlsbad's Local Coastal
Program Amendment #1-96(C) amending the Mello I1 and Agua Hedionda land use
plans and the City's implementation plan. This LCP amendment involved an
updated Carlsbad Ranch Specific Plan which now covers a proposed destination resort and the Legoland theme park in its expanded acreage.
The LCP
By their actions adopting Ordinance NS-360, addressing development agreements,
and Resolution 96-209, addressing the Carlsbad Ranch development, on June 11, 1996, the City Council has acknowledged and accepted all of the Commission's
suggested modifications exhibits.
As provided for in Sect Executive Di rector must legally sufficient to f
These actions are reflected in the attached
on 13544 of the Commission's Code of Regulations, the determine if the action of the City of Carlsbad is nalize Commission review of the LCP amendments. The
City's actions have been reviewed and determined to be legally adequate by the
Executive Director.
then requires this determination be reported to the Commission for its
concurrence.
Section 13544 of the Commission's Code of Regulations
RECOMMENDATION
Staff recommends that the Commission CONCUR with the Executive Director's determination as set forth in the attached letter (to be sent after Commission endorsement).
PETE WllSOI\1, Covernor STATE OF CALIFORNIA-THE RESOURCES AGENCY
CALIFORNIA COASTAL COMMISSION
SAN DIEGO COAST AREA
31 11 CAMINO DEL RIO NORTH, SUITE 200
SAN DIEGO, CA 921 oa- I 725
(619) 521-ao36
Honorable Bud Lewis, Mayor Ci ty of Carl sbad 2075 Las Palmas Carlsbad, CA 92009
August 19, 1996
Re: Certification of the City of Carl sbad' s Local Coastal Program Amendments #2-95 (Development Agreements) and #1-96C (Carlsbad Ranch)
Dear Mayor Lewi s,
The Cal i forni a Coastal Commi ssion has reviewed the City' s Ordinance NS-360 and
Resolution No. 96-209, together with the Commission's actions on October 10, 1995 and Apri 1 11, 1996, certifying City of Carlsbad Local Coastal Program
Amendments #2-95 (Development Agreements) pertaining to all segments of the City's LCP and #1-96C (Carlsbad Ranch/Legoland) pertaining to the Mello I1 and
Agua Hedionda land use plans, as well as the City's implementation plan.
In accordance with Section 13544 of the Commission's Code of Regulations, I
have made the determination that the City's actions are legally adequate and
the Commission has concurred at its meeting of August 13-16, 1996. By its actions on June 11, 1996, the City has formally acknowledged and accepted the Commission's certification of the two referenced local coastal program amendments, including a1 1 suggested modifications.
In conclusion, I would like to congratulate you and all other elected or
appointed officials, staff and concerned citizens for continuing to work towards full implementation of the Coastal Act. We remain available to assist
you and your staff in any way possible as you continue to develop and
imp1 ement the City' s local coastal program.
Sincerely,
Peter Doug1 as
Executive Di rector
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follows:
ORDINANCE NO. NS-360
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
0 OF CARLSBAD, CALIFORNIA AMENDING TITLE 21,
CHAPTER 21.70 OF THE CARLSBAD MUNICIPAL CODE BY AMEXDING SECTIOXS X70.080(b)( 1) .kIVD 21.70.090 OF THE DEVELOPMENT AGREEMENTS CHAPTER TO
ACCEPT THE SUGGESTED MODIFICATIONS I APPROVED BY THE CALIFORNIA COASTAL co M M ISS I 0 N *
C4SE NAME: C 0 A S T A L C 0 M M I S S I 0 N
MODIFICATIONS TO THE
DEVELOPMENT AGREEbfENTS I
CIIAPrnR I
CASE NO-: XA 96-03 1
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The City Council of the City of Carlsbad, California docs ordain :is
SECTION 1: That Title 21. Chaprer 21.70 of the Carlsbad blrrnicipal Code
is amended by the amendment of Section 21.70.080@)(1) to read as follows:
"21..70.080 (b)(l)t
Is consistent with thc objcctivcs, policies, general land uses and programs spedjcci ;
in the general plan, the certified IocaI coastal program and my applicable specific plan;" i
1 SECI'ION 2: That Title 21, Chapter 21.70 of the Carlsbacl Municipal Code i
is amended by the amendment of Section 21.70.090 to read as follows:
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If the city council approves the development agreement, it shail adopt an ordinance,
approving the agreement and directing the mayor to execute the agreement after the: effective date of the ordinance on behalf of rhe city. Before esecution, each agreement shall
be approved as to form by the city attorney.
For projects located within the coastal zone, the City shall forward copies of any
proposed development agreement to the California Coastal Commission for review and invite comments as to its consistenq with the certified locsl coastal program.
"2 1.70.090. I
EFFECTIVE DATE: This ordinance shaIl be effective thirry dilys after its
adoption, and the City Clcrk shaIl certify fo rhc adoption of this ordinance and cause it
I be puhlistltd at least onic in a publication of gcncral circulation in thc City of Carlsb:1$
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within fifteen days aftcr its adoption.
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CITY OF ChRLSBAD COMM DE FAX NO, 43808gil .- JED 06:02 F, 0;
IhTRODUCED .AND FIRST READ at a regular mccting of rile Cclrlibad
City Council held on the 11 ch Jay of JUNE , 19 96 , and thcrcrlftcr
' PASSED AND ADOPTED at a reyuiar meeting of said City Council held on
the 18th day of JUNE A 19 96 , by the following vow, to wit:
AYES: Council Xembers LewisJ Nygsard. Kulchln, Finnila, La11
NOES: None
ABSENT: None
ATTEST:
(SEAL)
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SO
RESOLUTION NO. 9 6 - 2 0 9
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ACCEP"G SUGGESTED
MUDiFlCATIONS TO THE AGUA HEDIONDA LAND
USE PLAN AND THE MELLO I1 SEGMENT LAND USE
PLAN WHICH WERE APPROVED BY THE CALTFORiiTA
COASTAL COMMISSION AS PART OF THEIR ACTION
CASE NAME: CARLSBAD RANCH/LEGOLAND
ON THE CXRL$BAD RANCH. PROJECT (LCPA 1-96C)
SPECIFIC PLAN AMENDMENT I I CASE NO: LCPA 90-08(B) I
WHEREAS, California State law requires that the Local Coastal Program,
General Plan, and zoning designations for properties in the Coastal Zone be in;
conformance;
WHEREAS, on April 11,1996 the CaIifornia Coastal Commission approved
an amendment to the Agua Hedionda Land Use Plan and the Mello I1 Sebment land Use
Plan with five suggested modifications;
WHEREAS, betore the ortginal amendment request can become effectively
certified, the Executive Director of the California Coastal Commission mut recelve
documentation that the City has accepted the suggested modifications;
WHEREAS, the City Council did on the 11th day of JUNE 1
1996, hold a duly noticed public hearing as prescribed by law to consider the proposed
suggested modifications to the Agua Hedionda Land Use Plan and the h.fello I1 Se, Omen1
Land Use Plan shown on Exhibit "LCPA 9O-OS(S)", dated April 11, 1996, attached hereto
and
WHEREAS, at said public hearing, upon hearing and considering ai1 testimon!
and arguments, if any, of all persons desiring to be heard, thc City Council considered a1
factors relating to rhe Local Coastal Program Amendment.
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NOW, THEFEFORE, BE IT RESOLVED by the Ciry Council of the Ciry
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of Carlsbad as follows:
1. Tha~ the above recitations are correct.
2. That based on the evidence presented at the public hearing, the Ciry Council
ACCEPTS the suggested modifications adopted by the California Coasial
Commission for Local Coastal Program Amendment 1-96C (Carlsbad Ranch)
'and directs staff to incorporate the modifications into the Local Coastal
Program..
PASSED, APPROVED Ai ADOPTED at a regular meeting of the City i
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Council of the city of Carlsbad, CaIifornia, on the llzh day cf JUNE 1996, ! 1 by the foIlowing vote, to wit: i
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I I AYES: Council Xembers Lewis. Nyssard, Kulchin, Finnila, Hall
NOES: None
ABSENT: None
ABSTAIN: No
ATTEST:
IChRZN R. KWmTZ,&hc:anr: Clcy Clerk
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tr6808EP 'OM XW1 34 WHO3 (IW8SliW3 A0 A113
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&a Hedionda La nd Use PI an
1. Policy 2.2 of .the Agua Hedionda Land Use Plan shall be tevlsed to read:
The south shore agricultural lands shall be designated "Open Space". This area Shall be Zoned "Exclusive Agriculture" except for the 24.2 acre area adjacent to and north of Cannon Road to be utilized as a golf course wnich shall be zoned "@pen Space" in the implementation phase of the plan.
Within the atooosed ao If course. a aub lic trail with a vista mint sha 11 be orovided from C ann o n R oad to the northern edae o fh t e qg lf course a 1 onc;
the weste r nmos t s P c t Ion. The Dub1 ic trail and vista DO int s hall be 5 i - aneQ 20 facilitate a nd enhance oub lic use and sha 1 Dined and ooe nu the Dub lic. The trail locat ion and vista DO int may be tel_ocated or
removed i f necessa rv in coniunction with develooment of adwent a reas grovided an alte mate t rail and vista D . oint lQcat ion is
faci 1 i ti es (be nches. seat ina atcrar. trash recea tac les) s ha1 1 brl aravi dPd N the vista oo i nt.
roved. Sum r
Me110 I1 Spa ment lallge P1 an
Policy 2-l(a)(l) CONSERVATION Of AGRICULTURAL LANDS shall be revised to read:
2.
(a) Basic Agricultural Policies
( 1 ) Coastal Agri cul tute:
Consistent with the provisions of Sections 30241 and 30242 of the Coastal Act, it is the policy of the City to contribute to the
preservation of the maximum amount of prime agricultural land throughout the coastal zone by providlng for the balanced, orderly
conversion of designated non-prime coastal agricultural lands. Non-ptfme agtlculturai lands identified on Map X, including the 301.38 acre Carl tas Property, are designated Coastal Agriculture and shall be permitted to convert to urban uses subject tQ the agricultural mitigation or feasibility provisions set forth in the LCP . Any acreage drldltl tnd! tddttdl /df 1 i/$dkU I t / drltj f 3 pwned leased o r controllpd bv t he City o f Carlsbad for d public recreation or open space use shall he exempt from Policy 2-1 and be permitted to convert from an agricultural use without satisfying one of the three conversion options. However. Should ac re* for a Dub lic rerrmt ion
sir ooe n soace use no loncler be o wnpd . lmed o r controlled bv t he citv o f Carlsbad at so me time in the future. the excmution from Policv 2-1 will be voided a nd one of the three co nversion oDt ions dall helmblement~d for,said ac reaaa.
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Carl sbad LCPA 1-96CKatl $bad Ranch Adopted Suggested Modi ficatians (411 1/96) Page 2
3. Option 1 Of Policy 2-.1(a)(3), WFRVATZON 0 F ACRICULTU RAL LANOS, Conversion Options, shall be corrected to read:
Option 1 - Mitiaation (Prime Land Exrhaae)
Non-prime coastal agricultural lands shall be converted to urban use consistent with the Catlsbad General Plan if, prior to approval of a subdivision map, a mitigation program it in effect that permanently preserves one acre of prime agricultural land within the statewide Coastal Zone for each acre of net impacted agricultural land in the LCP that is converted. impacted agricultural lands are the parcels and acreages deslgnated on Map
(252 or a r- 1 and areas containing sensitive coastal resources that would preclude development.
For purposes of calculating required mi tigation acreage, net
I-- - i:: 5"- s vue~ X and the 301 -38 acre Carl tas Property, minus the act re
4. The first paragraph of Policy 2-2 LCPA 90-08 CARLSBAO RANCH SPECIFIC PLAN
WFD-IjCE" OFVFl r)pm shall be revised to read:
Thi s policy provides conditional development standards for the area of approximately 423 acres north of Palomar Airport Road, east of Paseo del Norte, and east of Car Country Drive (See Exhibit 4.3* Page 93). All such lands owned either by Carltas or Ecke or their successor in interest shall be permitted, pursuant to approval of a Specific Plan to convert certain agricultural lands to residential andlor non-residential (including tourist-serving commercial) development as a means of providing supplementary uses which Will assist in the retention of agricultural and
public recreation uses on the remaining portions of these parcels. &y mroved Snec ific Plan tea . the Car lsbad Ranrh Satvific Plan) w ill be i ncoraca ted herein bv reference as aart of the rert ified Me1 lo I1 Lana Use Plan. It should be noted that residential uses are possible only where they do not conflict with the Airport Influence Area and where they are compatible with adjacent uses.
Within the "Recreation and Vlsitor Serving Uses" section of the Mello I1 Land Use Plan. a new policy shall be added to read: 5. .
Policy 6-10 RESTRICTION ON CONVERSION OF PUBLIC FACILITIES, USES OR VISITOR COMMERCIAL USES
Any facilitv. use or vi si tot-servi nu commerci a1 devel wt am rowd as be in Q ouen to the Pub 1' IC shau 1r d ~mn * available to ttw aeneral pub; ic, Use co nversions or testt ictions that se rve to be exr lusionarv s ha1 1 sauire Driar review throuah a local uta 1 Droarirn amendment and/or a
Juch Droiects bv t he recordation of a deed ws tt ictian Prior to t he issCLQnce o f a bu ildina De rmi t.
ate c -1 devP1 -mrf4[JUlrPmPnt 1' shall be naticpd On
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