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HomeMy WebLinkAbout1995-12-06; Planning Commission; ; EIR 94-01|GPA 94-03|LCPA 90-08B|ZC 94-02|SP 207A|SP144G|LFMP 87-13B|CT 94-09|PUD 94-07|HDP 94-07|DA 94-01 - CARLSBAD RANCH/LEGOLAND SPECIFIC PLAN AMENDMENTHe tty 4 Cuttarf A REPORT TO THE PLANNING COMMISSION Item No. f 1 P.C. AGENDA OF: December 6, 1995 Application complete date: August 15, 1994 Project Planner Don Neu Project Engineer Jim Davis SUBJECT: EIR 94^1/GPA 94-03/LCPA 90-08(BVZC 94-02/SP 207(A)/SP 144fG)/LFMP 87-13(BV/CT 94-09/PUD 94-07/HDP 94-07/DA 94-01 - CARLSBAD RANCH/ LEGOLAND SPECIFIC PLAN AMENDMENT - Request for the certification of a Program Environmental Impact Report, and approval of Candidate Findings of Fact, Statement of Overriding Considerations, Mitigation Monitoring and Reporting Program, General Plan Amendment, Local Coastal Program Amendment, Zone Change, Specific Plan Amendments, Local Facilities Management Plan Amendment, Tentative Tract Map, Nonresidential Planned Unit Development, Hillside Development Permit, and Development Agreement. Proposed land uses include LEGOLAND, destination resort, hotel/timeshare, golf course, commercial, office, research and development, related light manufacturing, a vocational school campus, and agriculture on a total of 471.6 acres. The project site is generally located north of Palomar Airport Road, south of the future Cannon Road extension (except for an area of approximately 24.2 acres located on the north side of Cannon Road), east of Paseo Del Norte, and west of the boundary of Local Facilities Management Zones 5 and 8. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 3844 RECOMMENDING CERTIFICATION of EIR 94-01, ADOPT Planning Commission Resolution Nos. 3845, 3846, 3847, 3848, 3849, 3850, and 3854, RECOMMENDING APPROVAL of GPA 94-03, LCPA 90-08(B), ZC 94-02, SP 207(A), SP 144(G), LFMP 87- 13(B), and DA 94-01, and ADOPT Planning Commission Resolution Nos. 3851, 3852, and 3853, APPROVING CT 94-09, PUD 94-07, and HDP 94-07, based on the findings and subject to the conditions contained therein. II. INTRODUCTION' This application proposes an amendment to the Carlsbad Ranch Specific Plan to significantly reduce the office/research and development component of the plan and add recreational, retail, and visitor serving land uses. Development in areas restricted to agricultural uses in the existing plan is proposed. Proposed land uses for the Specific Plan Amendment reflect a mix of compatible and complementary non-residential uses, including EIR 94-01/GPA 94-OlRpA 90-08(B)/ZC 94-02/SP 207(A)/SP LFMP 87-13<B)/Cr 94-09/PUD 94-07/HDP 94-07/DA 94-01 - CARLSBAD RANCH/LEGOLAND SPECIFIC PLAN AMENDMENT DECEMBER 6,1995 PAGE 2 office, research and development, related light manufacturing, commercial, hotel/timeshare, destination resort, golf course, agriculture, a vocational school campus and LEGOLAND Carlsbad. The amendment proposes increasing the land area of the original specific plan from 423.51 acres to 447.40 acres an increase of 23.89 acres. Related discretionary approvals to implement the specific plan amendment are also proposed. The proposed project actions are in compliance with all applicable plans, ordinances, standards and policies. III. PROJECT DESCRIPTION AND BACKGROUND The Carltas Company is requesting several discretionary approvals for an area totaling 471.6 acres. Approval of the project will 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, on a total of 447.40 acres. Additionally, the proposed project will involve the development of a portion of the proposed golf course on a 24.2 acre parcel under SDG&E ownership, and improvements to the I-5/Cannon Road interchange. The following is a list of the approvals requested as part of this project: 1. Certification of the Environmental Impact Report. A Program Environmental Impact Report (EIR) was prepared for the project. The EIR analyzed the potential impact of development pursuant to the proposed specific plan and related actions. The environmental issue areas analyzed in the EIR are Agricultural Resources; Air Quality; Archaeological and Paleontological Resources; Biological Resources; Traffic/Circulation; Hazardous Waste/Pesticide Residue; Land Use Compatibility; Noise; Public Services and Utilities; Solid Waste; Visual Aesthetics/Grading; and Water Quality. 2. General Plan Amendment. The applicant is requesting an amendment to the General Plan Land Use Map as follows: Existing General Plan Land Use Designations: Office/Planned Industrial (O/PI) Community Commercial/Office/Planned Industrial (C/O/PI) Travel/Recreation Commercial/Community Commercial (T-R/C) Community Commercial (C) Planned Industrial (PI) Open Space (OS) Unplanned Area (UA) Proposed General Plan Land Use Designations: • Office/Planned Industrial (O/PI) • Regional Commercial (R) • Travel/Recreation Commercial/Community Commercial (T-R/Q EIR 94-01/GPA 94-OslcPA 90-08(B)/ZC 94-02/SP 207(A)/SP LFMP 87-13(B)/CT 94-09/PUD 94-07/HDP 94-07/DA 94-01 - CARLSBAD RANCH/LEGOLAND SPECIFIC PLAN AMENDMENT DECEMBER 6,1995 PAGE 3 • Travel/Recreation Commercial (T-R) • Open Space (OS) The exhibits attached to the Planning Commission Resolution for the General Plan Amendment show the proposed changes graphically. Included is an adjustment to the official open space and conservation map to adjust the open space boundary placed over the golf driving range area to be consistent with the new land use boundaries. An amendment to the circulation element is also proposed to replace Hidden Valley Road as a circulation element road with Armada Drive. 3. Local Coastal Program Amendment. The proposal includes amendments to the text of the Agua Hedionda and Mello II Segments of the Local Coastal Program as well as amendments to the Mello II Land Use Plan Map. Also proposed are amendments to the implementation plan which consist of zone changes as well as text amendments to the Carlsbad Ranch Specific Plan and the Coastal Agricultural Overlay Zone. . These actions will make the General Plan, Zoning, and Carlsbad Ranch Specific Plan consistent with the Local Coastal Program. Acceptance of suggested modifications for Local Coastal Program Amendment 90-08 previously approved by the California Coastal Commission is also proposed. 4. Zone Change. A zone change is proposed to make the zoning consistent with the proposed General Plan and Local Coastal Program land use designations. The requested zone change is as follows: Existing Zoning Designations: • Office/Planned Industrial, Qualified Development Overlay Zone (O-Q/P-M-Q) • General Commercial/Office/Planned Industrial, Qualified Development Overlay Zone (C-2-Q/O-Q/P-M-Q) • Commercial-Tourist/General Commercial, Qualified Development Overlay Zone (C-T-Q/C-2-Q) • General Commercial, Qualified Development Overlay Zone (C-2-Q) Planned Industrial (P-M) • Exclusive Agricultural (E-A) Open Space (OS) Public Utility (P-U) Proposed Zoning Designations: • Office/Planned Industrial, Qualified Development Overlay Zone (O-Q/P-M-Q) • Commercial-Tourist/General Commercial, Qualified Development Overlay Zone (C-T-Q/C-2-Q) • General Commercial, Qualified Development Overlay Zone (C-2-Q) • Commercial-Tourist, Qualified Development Overlay Zone (C-T-Q) • Open Space (OS) EIR 94-01/GPA 9™/LCPA 90-08(B)/ZC 94-02/SP 207(A)/SPlK(G)/ LFMP 87-13(B)/CT 94-09/PUD 94-07/HDP 94-07/DA 94-01 - CARLSBAD RANCH/LEGOLAND SPECIFIC PLAN AMENDMENT DECEMBER 6,1995 PAGE 4 The exhibits attached to the Planning Commission Resolution for the Zone Change show the proposed changes graphically. 5. Carlsbad Ranch Specific Plan Amendment. An amendment to the adopted specific plan is proposed which increases the land area of the original specific plan by 23.89 acres. This increase includes the transfer of 20.56 acres from Zone 5 to Zone 13 which is located along the southeast boundary of the project and the inclusion of 3.33 acres south of Cannon Road. The amendment also changes the proposed land uses for the Specific Plan. Although some of the uses will be similar in type to the original Carlsbad Ranch Specific Plan, there will be a reduced office/research and development component and the focus of the project will be recreational, retail, and visitor serving land uses. Development in areas previously retained for agricultural use is proposed. 6. SDG&E Specific Plan Amendment. An amendment is proposed to the boundaries of the SDG&E Encina Specific Plan to remove 24.2 acres from the specific plan area. The existing Encina Specific Plan consists of an approving ordinance and a land use map. The revised land use map will supersede the current map and become a part of the existing Encina Specific Plan. 7. Local Facilities Management Plan Amendments (Zones 13 and 5). The amendment is proposed to reflect the changes in land use and adjustments to the Zone 13 boundary. The boundary adjustment incorporates an area which was formerly within Zone 5 and transfers it into Zone 13. 8. Master Tentative Tract Map. Approval of a Master Tentative Map for the area covered by the Carlsbad Ranch Specific Plan is proposed. The tentative map proposes 18 lots and one private street lot. Four lots created by the previous Final Maps recorded on the property are labeled as existing and will not be re-mapped. 9. Non-Residential Planned Unit Development Permit A Non-residential Planned Unit Development Permit is proposed to allow for Street "D" within Planning Area 2 (Research and Development/Office) to be a private street with special design features. 10. Hillside Development Permit. Proposed grading of the project site must be in conformance with the City's Hillside Development Ordinance. The purpose of this permit is to review this conformance. 11. Development Agreement LEGO Park Planning, Incorporated is requesting approval of a Development Agreement for Planning Area 4 (LEGOLAND Carlsbad). Approval of a Development Agreement would provide the City and the applicant certain assurances that, during the specified term of the Development Agreement, LEGOLAND can be developed in accordance with the Specific Plan and other City EIR 94-01/GPA-9^3/LCPA 90-08(B)/ZC 94-02/SP 207(A)/SP^5{G)/ LFMP 87-13(B)/CT 94-09/PUD 94-07/HDP 94-07/DA 94-01 - CARLSBAD RANCH/LEGOLAND SPECIFIC PLAN AMENDMENT DECEMBER 6,1995 PAGES : rules, regulations and requirements in effect on the effective date of the Development Agreement. Cancellation of a Land Conservation Contract (Williamson Act) Actions also required for the project but which are subject to City Council approval only include: (1) an amendment to the Land Conservation Contract to make it consistent with existing government code requirements, (2) cancellation of a Land Conservation (Williamson Act) Contract on portions of the property, and (3) an amendment to the agricultural preserve boundaries. The proposed project includes a request for cancellation of the Williamson Act Land Conservation Contract on approximately 182.49 acres of the total 328.84 acres under contract. The Carlsbad Ranch Specific Plan contains an exhibit showing the areas proposed for contract cancellation. The boundaries of the agricultural preserve will be revised to cover only the acres remaining under contract. The approvals necessary for the project have been conditioned to require the approval of the contract cancellation. General Plan, Zoning & Existing Land Use For Adjacent Properties The existing general plan and zoning designations for the site were listed under preceding items 2 and 4. The following table lists the General Plan, Zoning, and existing land use for the adjacent properties: North South East West General Plan OS T-R, R, PI PI, OS R,T-R Zoning P-U C-T-Q, C-2-Q, L-C P-M, OS C-2-Q, C-T-Q Existing Land Use Agriculture 7-11, Nurseryland, Price Club, Vacant Vacant Car Country, Vacant, Pea Soup Anderson's Site Description The project site is composed of gently rolling topography and contains three north-south trending ridges. Almost all of the site has been disturbed by agricultural operations. Cultivation still occurs on areas of the site. Environmentally constrained areas of the site consist of approximately 12 acres of steep slopes exceeding 25% in the northeast and southeast corners of the property. The steep slopes in the northeastern portion.of the site adjacent to Macario Canyon contain coastal sage scrub and mixed chaparral. The elevations of the project site range from 260 feet above mean sea level at the eastern boundary of the site to 60 feet above mean sea level along Paseo Del Norte south of Car Country Drive. EIR 94-01/GPA 9HJ/LCPA 90-08(B)/ZC 94-02/SP 207(A)/SP W(G)/ LFMP 87-13(B)/CT 94-09/PUD 94-07/HDP 94-07/DA 94-01 - CARLSBAD RANCH/LEGOLAND SPECIFIC PLAN AMENDMENT DECEMBER 6, 1995 PAGE 6 _ _ Prior Actions on The Carlsbad Ranch Specific Plan (SP 207) was originally approved by the City Council on March 16, 1993. A number of discretionary actions were approved concurrently with the Specific Plan including a General Plan Amendment, Local Coastal Plan Amendment, Zone Change, Tentative Map, Hillside Development Permit, Land Conservation Contract Amendment, and a Local Facilities Management Plan Amendment for Zone 13. A Program Environmental Impact Report (EIR 91-03) was prepared for the project and certified by the City Council on March 16, 1993. The approved Specific Plan allows for development on approximately 92.6 acres of the 423.5 acre planning area. The remaining 330.9 acres is restricted to agricultural uses until an amendment to the Specific Plan is approved. The section of this report addressing the Carlsbad Ranch Specific Plan Amendment will include a comparison of development potential between the approved plan and the proposed amendment. Three of the four units of the approved tentative map have been followed through to recordation of final maps. The Gemological Institute of America (GIA) received Planning Commission approval of a Site Development Plan on December 7, 1994 under the approved specific plan. Grading has occurred to implement the recorded final map for units 1 and 2. The GIA facility is presently under construction. This proposed project is subject to the following plans, ordinances, standards and policies: A. Environmental Protection Procedures (Title 19) and the California Environmental Quality Act (CEQA). B. General Plan C. Agua Hedionda and Mello II Segments of the Local Coastal Program D. Carlsbad Municipal Code, Title 21, Chapter 21.52, Zoning Amendments E. Carlsbad Ranch Specific Plan (SP 207) F. SDG&E Encina Power Plant Specific Plan (SP 144) G. Growth Management Ordinance (Local Facilities Management Plan Zones 5 and 13) H. Subdivision Ordinance (Title 20 of the Carlsbad Municipal Code) I. Non-residential Planned Development Ordinance (Chapter 21.47 of the Zoning Ordinance) EIR 94-01/GPA 94P-CPA 90-08(B)/ZC 94-02/SP 207(A)/SP UFMP 87-13(B)/Cr 94-09/PUD 94-07/HDP 94-07/DA 94-01 - CARLSBAD RANCH/LEGOLAND SPECIFIC PLAN AMENDMENT DECEMBER 6,1995 PAGE? J. Hillside Development Ordinance (Chapter 21.95 of the Zoning Ordinance) K. Development Agreement Ordinance (Chapter 21.70 of the Zoning Ordinance) IV. ANALYSIS The recommendation of approval for this project was developed by analyzing the project's consistency with the applicable policies and regulations listed above. The following analysis section discusses compliance with each of these regulations/policies utilizing both text and tables. A. ENVIRONMENTAL PROTECTION PROCEDURES (TITLE 19) AND THE CALIFORNIA ENVIRONMENTAL QUALITY ACT A Program Environmental Impact Report (EIR) was prepared for the project in compliance with the Environmental Protection Procedures (Title 19) of the Carlsbad Municipal Code and the California Environmental Quality Act (CEQA). The EIR addresses the environmental impacts associated with all discretionary applications for the proposed project including ultimate buildout of the entire project. In addition to the sections required by CEQA the EIR analyzed the following areas of potential environmental impact: 1. Agricultural Resources 2. Air Quality 3. Archaeological and Paleontological Resources 4. Biological Resources 5. Traffic/Circulation 6. Hazardous Waste/Pesticide Residue 7. Land Use Compatibility 8. Noise 9. Public Services and Utilities 10. Solid Waste 11. Visual Aesthetics/Grading 12. Water Quality The conclusion reached on the 12 areas of potential environmental impact fell into one of three different categories. The three categories are (1) unavoidable significant environmental impacts, (2) significant environmental impacts that can be avoided or mitigated, and (3) impacts considered in the EIR but found to be less than significant. Unavoidable Significant Environmental Impacts Based on the data and conclusions of the EIR it has been found that the project will result in significant cumulative impacts to air quality, agriculture, and traffic which cannot be fully mitigated. These cumulative impacts are regional in nature and occur in areas outside the EIR 94-01/GPA 94WLCPA 90-08(B)/ZC 94-02/SP 207(A)/SP LFMP 87-13(B)/Cr 94-09/PUD 94-07/HDP 94-07/DA 94-01 - CARLSBAD RANCH/LEGOLAND SPECIFIC PLAN AMENDMENT DECEMBER 6,1995 PAGES jurisdiction of the "City. Cumulative unavoidable traffic impacts occur on certain segments of SR-78 and 1-5. Significant Environmental Impacts That Can Be Avoided or Mitigated Mitigation measures are proposed for the following environmental impact areas to mitigate significant environmental impacts: (1) Air Quality, (2) Archaeological and Paleontological Resources, (3) Biological Resources, (4) Traffic Circulation, (5) Hazardous Waste/Pesticide Residue, (6) Land Use Compatibility, (7) Noise, (8) Public Services and Utilities, (9) Solid Waste, and (10) Visual Aesthetics/Grading. The mitigation measures are contained in the EIR as well as the Mitigation Monitoring and Reporting Program attached to the EIR Resolution. Impacts Found To Be Less Than Significant The following environmental impact areas were analyzed in the EIR but found to have impacts which are less than significant: (1) Agricultural Resources at the project level, (2) Public Services and Utilities - Fire Protection Services, Sewer and Wastewater Treatment Facilities, Schools, Gas and Electric, and Effect on City Emergency Response Plans, and (3) Water Quality. In order to approve the project, a Statement of Overriding Considerations must be adopted pursuant to Sections 15093 and 15126(b) of the CEQA Guidelines. A Statement of Overriding Considerations has been prepared and is attached to the Planning Commission Resolution for the EIR. Staff is requesting that the Planning Commission recommend that the City Council Certify the EIR and adopt the proposed CEQA Findings and Statement of Overriding Considerations. B. GENERAL PLAN Development of the land uses proposed in the Carlsbad Ranch/LEGOLAND Specific Plan Amendment requires approval of a General Plan Amendment. The proposed amendment consists of changing designations on the land use map as indicated on the exhibits attached to the Planning Commission Resolution for General Plan Amendment 94-03, as well as an amendment to the circulation element to replace Hidden Valley Road with Armada Drive. Because the amendments to the land use map include an adjustment to the boundaries of the official open space and conservation map additional findings are required and-have been made in the General Plan Amendment Resolution. The three major General Plan issue areas identified for this project are in regard to land use compatibility, circulation impacts and improvements, and agricultural land conversion. The proposed nonresidential land uses are appropriate for the site given the property's location relative to Palomar Airport, Interstate 5 and adjacent Circulation Element roads. The proposed land uses will ultimately allow development which will impact the circulation EIR 94-01/GPA 94cPA 90-08(B)/ZC 94-02/SP 207(A)/SP LFMP 87-13(B)/CT 94-09/PUD 94-07/HDP 94-07/DA 94-01 - CARLSBAD RANCH/LEGOLAND SPECIFIC PLAN AMENDMENT DECEMBER 6,1995 PAGE 9 system and require the construction of roads in the vicinity of the project identified on the Circulation Element. The other actions associated with the project detail the required circulation improvements which are necessary, their cost, and the timing for completion. The replacement of Hidden Valley Road north of Palomar Airport Road with Armada Drive and LEGO Drive is environmentally superior. Hidden Valley Road will still be constructed to provide secondary access to the Veterans Memorial Park property and the Resort and LEGOLAND Planning areas. The conversion of agricultural land for the project 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. The proposed designations will allow for a mix of non-residential land uses which are compatible with each other as well as General Plan designations on adjacent properties. The table included in the project description section of this report lists the General Plan Land Use Designation on adjacent properties. The proposed land uses are appropriate for the site given the location of the property near the geographic center of the city with access from a Prime and Major Arterial to Interstate 5. Table 5-17 in the Carlsbad Ranch Specific Plan Amendment Program EIR 94-01, prepared by Cotton/Beland/Associates, compares the relationship of the proposed project to General Plan Goals, Objectives, and Policies. Table 5-17 and the findings contained in the Planning Commission Resolution for GPA 94-03 demonstrate that the proposed land use designations and the project are consistent with the General Plan. C. AGUA HEDIONDA & MELLO II SEGMENTS OF THE LOCAL COASTAL PROGRAM Amendments are proposed to the Local Coastal Program (LCP) to allow for development of the project and establish consistency with the General Plan, Zoning, and Carlsbad Ranch/LEGOLAND Specific Plan Amendment. The majority of the project is within the Mello II Segment with the exception of the acreage north of Cannon Road which is within the Agua Hedionda Segment Suggested modifications approved by the California Coastal Commission as part of Local Coastal Program Amendment 90-08 are recommended for acceptance. This will assist the City in obtaining effective certification within the Mello II Segment This Local Coastal Program Amendment subsequently modifies many of the suggested modifications. Agua Hedionda Segment The amendment to the Agua Hedionda Segment includes a revision to Policy 2-2 (Agriculture) to permit a 24.2 acre area adjacent to and north of Cannon Road to be utilized as part of a proposed golf course and allowing for it to be zoned as Open Space (O- S) rather than Exclusive Agriculture (E-A). In addition a zone change from Public Utility (P-U) to Open Space (O-S) is proposed on this 24.2 acre area. EIR 94-01/GPA sWI/LCPA 90-08(B)/ZC 94-02/SP 207(A)/SP TO( LFMP 87-13(B)/CT 94-09/PUD 94-07/HDP 94-07/DA 94-01 - CARLSBAD RANCH/LEGOLAND SPECIFIC PLAN AMENDMENT DECEMBER 6,1995 PAGE 10 Mello II Segmenr "" Proposed amendments to die Mello II Segment include revisions to Policy 2-1 (Conservation of Agricultural Lands) to: (1) Apply Policy 2-1 to die area of die Carlsbad Ranch within die agricultural preserve with die exception of die approximately 53.42 acres to be retained for agricultural use and (2) Provide that any acreage under die control of a public entity for use as public recreation or open space will be exempt from Policy 2-1. This amendment provides die process to allow development of lands previously under Williamson Act Agricultural Contract provided compliance with die agricultural conversion mitigation requirements applied to odier properties in die Mello II Segment is achieved. The Coastal Commission established precedent for this approach when they applied Policy 2-1 to die 24.5 acre golf driving range approved in die existing specific plan. Policy 2-2 is applicable to die Carlsbad Ranch property only and allowed a limited amount of development which was not subject to die conservation of agricultural lands Policy 2-1. Also proposed are amendments to Policy 2-2 (Carlsbad Ranch Specific Plan "Mixed-Use" Development) to: (1) Provide that development of land witiiin die agricultural preserve will be subject to approval of a Local Coastal Program Amendment, Specific Plan Amendment and compliance with Policy 2-1 and (2) Reducing die structure setback from 50 feet to a minimum of 25 feet from die adjacent agricultural area. Revision number 1 to this policy serves to tie die requirements of Policy 2-1 to die areas of die Carlsbad Ranch not allowed to develop under die Carlsbad Ranch "Mixed-Use" Development policy. The second revision to diis policy dial deals widi reducing die structure setback from die agricultural area to 25 feet is supported by analysis conducted by Soil and Plant Laboratory, Inc. The structural setback from die agricultural area is proposed to provide a buffer to mitigate (1) die impact of dust and other air borne materials on developed areas and die associated conflicts between agricultural and urban development, (2) die risk of uninvited human intrusion into die agricultural area, and (3) where relevant die impacts of light and shadow on agriculture. It has been concluded that each of these functions is fulfilled by die proposed use of walls, benning with landscaping, and a 25 foot development setback. The development areas adjacent to die agricultural area are limited as roadways will create die majority of die perimeter for die Flower Fields. The soil texture on die flower field site is low in silt and clay content and, dierefore, low in potential for dust generation, particularly if soil is moist during operations. The agricultural operation will also utilize a service road along its perimeter of between 15 and 20 feet providing additional separation. Prevailing air movement is from west to east but is normally gentie. The amendments to die implementation plan consist of revisions to die Coastal Agricultural Overlay to apply die overlay to die Carlsbad Ranch property widiin die agricultural preserve, with die exception of die approximately 53.42 acres which are to be retained for agricultural use. EIR 94-01/GPA 9H3/LCPA 90-08(B)/ZC 94-02/SP 207(A)/SP ^H LFMP 87-13(B)/CT 94-09/PUD 94-07/HDP 94-07/DA 94-01 - CARLSBAD RANCH/LEGOLAND SPECIFIC PLAN AMENDMENT DECEMBER 6,1995 PAGE 11 Amendments to tne Mello II Land Use Plan Map to revise land use designations to be consistent with the proposed General Plan land uses are proposed. The amendments are shown graphically on the exhibits attached to the Planning Commission Resolution for the Local Coastal Program Amendment. Zone changes to achieve consistency with the proposed Land Use Plan designations are proposed. The Carlsbad Ranch Specific Plan which is the implementation plan for this area of the Mello II Segment of the LCP is proposed to be revised to accommodate the land use changes. Considering the above, the proposed project is consistent with the applicable policies of the appropriate Local Coastal Program Segments, as amended. D. CARLSBAD MUNICIPAL CODE, TITLE 21, CHAPTER 21.52, ZONING AMENDMENTS The applicant is requesting approval of a zone change as described in the project description and background section of this report. The zone change is necessary to achieve consistency with the proposed General Plan, Local Coastal Program, and Specific Plan Amendment designations. The nonresidential uses allowed by the proposed zone change are compatible with surrounding existing and proposed agricultural and nonresidential uses. The Q-Overlay Zone made a part of the proposed zone change, provides the City with discretionary review over development of the site to assure that allowed uses are compatible with surrounding land uses and conform to the requirements of the Carlsbad Ranch Specific Plan Amendment. This supports the specific plan requirement that a Site Development Plan be approved for each parcel by alerting persons checking the zoning map that such an application is required. The Carlsbad Ranch Specific Plan Amendment takes precedence over the proposed zones as it contains a modified list of permitted uses as well as design guidelines not found in the zoning ordinance. The proposed zone change is consistent with the goals and policies of the various elements of the General Plan, in that rezoning the site to the proposed designations will: a. preserve the flower field area east of 1-5 to the first ridgeline between Cannon Road and Palomar Airport Road as well as preserve additional open space as part of a larger open space system consistent with Policy C.4 (Agricultural Policies) of the Land Use Element and Goal A.1 of the Open Space and Conservation Element; b. provide for the development of a variety of land uses which have been carefully planned to maximize the best use of the site, and contribute to the economic viability of the city in compliance with Goal A.3 of the Land Use Element; EIR 94-01/GPA 9JH/LCPA 90-08(B)/ZC 94-02/SP 207(A)/SP W(G)/ LFMP 87-13(B)/CT 94-09/PUD 94-07/HDP 94-07/DA 94-01 - CARLSBAD RANCH/LEGOLAND SPECIFIC PLAN AMENDMENT DECEMBER 6,1995 PAGE 12 c. permit the development of recreational and tourist oriented land uses which serve visitors, employees of the industrial and business centers as well as residents of the city in conformance with Goal A.4 (Commercial Goals) of the Land Use Element. E. CARLSBAD RANCH SPECIFIC PLAN Government Code Section 65451 governs the content of specific plans. The Carlsbad Ranch Specific Plan Amendment contains all information required by state law. The plan consists of both a text and diagrams which specify the following in detail: (1) distribution and location of land uses, (2) infrastructure, (3) development standards, (4) implementation measures including financing measures, and (5) a statement of the relationship of the specific plan to the general plan. The amended specific plan is intended to replace the Carlsbad Ranch Specific Plan approved in 1993. The amendment proposes retaining several of the uses and features of the original plan with the addition of development of primarily tourist oriented land uses in areas presently limited to agricultural uses. The original specific plan proposed development only in those areas not subject to a Williamson Act Land Conservation Contract. The original specific plan acknowledged on page 16 that, "Given the nature and restrictions of the Land Conservation Contract, planning for the area within the Agricultural Preserve is premature at this time. However, future development within the Agricultural Preserve has been anticipated and planned for by the Zone 13 Local Facilities Management Plan (LFMP)." The amendment also proposes increasing the land area of the original specific plan by 23.89 acres. The amended specific plan proposes the creation of nine planning areas. Development standards and design guidelines are specified for each planning area. The proposed planning areas are as follows: 1. Planning Area 1 - Gemological Institute of America 2. Planning Area 2 - Research and Development 3. Planning Area 3 - Hotel/Retail 4. Planning Area 4 - LEGOLAND Carlsbad 5. Planning Area 5 - Resort 6. Planning Area 6 - Speciality Retail 7. Planning Area 7 - Flower Fields 8. Planning Area 8 - Golf Course - 9. Planning Area 9 - Natural Open Space The development standards and design guidelines provided in the specific plan amendment are adequate to properly develop the property. The standards and design guidelines will be implemented when the required site development plans for each parcel are submitted. The proposed standards address typical zoning issues such as permitted uses, setbacks, building 207(A)/SP W((EIR 94-01/GPA 9W/LCPA 90-08(B)/ZC 94-02/SP 207(A)/SP W(G)/ LFMP 87-13(B)/CT 94-09/PUD 94-07/HDP 94-07/DA 94-01 - CARLSBAD RANCH/LEGOLAND SPECIFIC PLAN AMENDMENT DECEMBER 6,1995 PAGE 13 height, parking requirements, etc. The design guidelines in contrast address character and urban design issues relative to the proposed development program such as building orientation, building form and massing, architectural character, building materials, and landscape materials. The following tables compare the development acreage and building square footage by use type of the approved specific plan with the proposed amendment. A comparison of the traffic generation of the approved specific plan with the proposed amendment is contained in the Growth Management section of this staff report. COMPARISON OF THE ACREAGE BY USE TYPE OF THE APPROVED CARLSBAD RANCH SPECIFIC PLAN (SP 207) TO THE PROPOSED AMENDMENT (SP 207(A)) Total Acreage of Project Total Acreage of Institutional Uses (GIA) Total Acreage of Office/R&D Uses Total Acreage of Retail Uses Community Hotel Resort LEGO LAND Golf Flower Fields Agricultural Land/Native Open Space SP207 (PLAN APPROVED IN 1993) 423.5 Acres* 17.8 Acres 44.4 Acres 13.6 Acres 11.1 Acres 0.0 Acres 0.0 Acres 24.5 Acres (Driving Range) 39.1 Acres 267.3 Acres SP 207(A) (PROPOSED AMENDMENT) 447.40 Acres* 28.93 Acres 40.01 Acres 27.75 Acres 9.38 Acres 52.80 Acres 129.26 Acres 72.07 Acres (7 Holes plus 2 on SDG&E Property) 53.42 Acres 10.00 Acres * Acreages do not equal totals shown as public road acreage is not included. COMPARISON OF THE BUILDING SQUARE FOOTAGE BY USE TYPE . Total Plan Square Footage Total Sq. Ft of Institutional Uses (GIA) Total Sq. Ft of Office/R&D Uses 1,880,000 Sq. Ft* 330,000 Sq. Ft 1,120,000 Sq. Ft 2,934,830 Sq. Ft 550,000 Sq. Ft 800,000 Sq. Ft EIR 94-01/GPA 9-^LCPA 9(M)8(B)/ZC 94-02/SP 207(A)/SP LFMP 87-13(B)/CT 94-09/PUD 94-07/HDP 94-07/DA 94-01 - CARLSBAD RANCH/LEGOLAND SPECIFIC PLAN AMENDMENT DECEMBER 6, 1995 PAGE 14 Total Sq. Ft of Retail Uses Total Sq. Ft of Community Hotel Total Sq. Ft of Resort LEGOLAND 220,000 Sq. Ft. 210,000 Sq. Ft (280 Rooms) OSq. Ft OSq. Ft 320,000 Sq. Ft 192,080 Sq. Ft 647,000 Sq. Ft (700 Rooms) 425,750 Sq. Ft development on the Carlsbad Ranch Property for facilities planning purposes. A total of 2,766,100 square feet of development was projected for the Carlsbad Ranch. If approved the Carlsbad Ranch Specific Plan Amendment will become the controlling document for the site. It implements the General Plan, Zoning, applicable policies governing the site, and complies with LCP requirements for the property requiring the development of a specific plan. The plan provides a comprehensive program for development of the Carlsbad Ranch property. F. SDG&E ENCINA POWER PLANT SPECIFIC PLAN (SP 144) The proposed amendment to the SDG&E Encina Specific Plan is to modify the boundaries of the plan area to remove approximately 24.2 acres from the specific plan. The Encina Specific Plan applies to the SDG&E power plant on the west side of Interstate 5 as well as property north of Cannon Road on the east side of the freeway. The area involved in the boundary change is north of Cannon Road, east of Interstate 5 and south of the existing utility corridor. The Encina Specific Plan consists of an approving ordinance and a land use map. The area involved is not a part of the Hub Park Lease area. The 24.2 acre area is proposed to be utilized as part of the golf course development planned on the Carlsbad Ranch Property as well as to provide access to the Resort Planning Area. It provides a connection between Golf Course Planning Areas 8 a and 8 b. Connections to this area will be made by constructing either over or under crossings at Cannon Road. No further amendments are proposed to be made to the Encina Specific Plan. The General Plan designation for the property is Open Space and the zoning designation is Public Utility. The zone change proposal for die project will change the zoning on this 24.2 acre area to Open Space. Approval of a conditional use permit will then be needed to proceed with development of the golf course use. • G. LOCAL FACILITIES MANAGEMENT PLAN AMENDMENT (ZONE 13 AND 5) An amendment is proposed to the Zone 13 Local Facilities Management Plan (LFMP) to reflect the proposed changes in land use and to adjust the boundary of the facilities zone to remove 20.66 acres from Zone 5 and place it within Zone 13. The amended zone plan is consistent with the maximum build out possible under the Carlsbad Ranch Specific Plan Era 94-01/GPA 9^6/LCPA 90-08(B)/ZC 94-02/SP LFMP 87-13(B)/CT 94-09/PUD 94-07/HDP 94-07/DA 94-01 - CARLSBAD RANCH/LEGOLAND SPECIFIC PLAN AMENDMENT DECEMBER 6,1995 PAGE 15 Amendment A5~with the existing buildout projections the proposed buildout is less than what would be permitted utilizing a 30 percent yield for the General Plan Land Use Designations. This is done so that development of the site can be adequately accommodated by future circulation facilities. The impacts of the proposed project and compliance with the adopted performance standards are summarized below: STANDARD City Administration Library Waste Water Treatment Parks Drainage Circulation Fire Open Space Schools Sewer Collection System Water IMPACTS N/A N/A 1,341.2 EDU $.40/sq. ft. Agua Hedionda and Canyon de las Enemas Water- sheds 49,582 ADT Station #4 119.03 Acres N/A 1,341.2 EDU 716,035 GPD COMPLIANCE W/STANDARDS Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes As indicated the primary issue in regard to the facilities plan for zone 13 is traffic generation. The following table compares the traffic generation of the approved Local Facilities Management Plan for Zone 13 with the proposed amendment: TRAFFIC GENERATION COMPARISON OF ZONE PLANS* TOTAL ADT (Average Daily Trips) A.M. PEAK HOUR TOTAL ADT P.M. PEAK HOUR TOTAL ADT APPROVED ZONE 13 LFMP 51,455 5,516 6,289 PROPOSED ZONE 13 LFMP 49,582 3,070 5,119 DIFFERENCE -1,873 -2,446 -1,170 * ADT for the SDG&E property is not included in this comparison as the numbers for that property remain the same in both facilities plans. EIR 94-01/GPA !^&/LCPA 90-08(B)/ZC 94-02/SP 207(A)/SP^!(G)/ LFMP 87-13(B)/Cr 94-09/PUD 94-07/HDP 94-07/DA 94-01 - CARLSBAD RANCH/LEGOLAND SPECIFIC PLAN AMENDMENT DECEMBER 6,1995 PAGE 16 The approved Z0ne"13 LFMP assumed development in the agricultural area for facilities planning purposes. Therefore, the total amount of development analyzed is greater than what was permitted under the original Carlsbad Ranch Specific Plan approved in 1993. As is evident from the comparison of traffic generation the proposed project will result in a reduction of traffic generation from what was previously planned for. The amended Zone 13 LFMP is intended to replace in its entirety the previously approved zone plan. All growth management performance standards will be complied with. H. SUBDIVISION ORDINANCE (TITLE 20 OF THE CARLSBAD MUNICIPAL CODE) The Carlsbad Municipal Code requires a tentative tract map to be filed in accordance with Title 20 for the division of property into five or more lots. The applicant is requesting approval of a Master Tentative Map for the area covered by the Carlsbad Ranch Specific Plan Amendment. A total of 19 lots are proposed on 406.7 acres. The total acreage in the tentative map is less than the acreage of the specific plan as four parcels created under the previous map approved for the site have recorded and are not a part of the proposed subdivision. Those parcels are labeled as existing, not a part, on the key map found on page 1 of the tentative map. The proposed tentative map is not a Revised Tentative map under Title 20 but rather is a new replacement tentative map for the majority of the area covered by the prior tentative map. The tentative map proposes separating the map into three units for the purpose of final map recordation. Tentative Map 94-09 would create 19 lots that include, 14 lots for future development, 4 open space lots, and 1 private street lot. The 14 development lots range in size from 3.38 acres to 128.32 acres. The four open space lots total 135.49 acres and include 2 golf course lots, the flower field lot, and a lot to be preserved as native open space. As designed and conditioned the tentative tract map complies with all city requirements, including the Subdivision Ordinance, and the State Map Act. The lots proposed to remain under Williamson Act Contract also comply with the minimum lot area requirement of 10 acres in the agricultural preserve. The project as conditioned would provide all necessary improvements and all findings required by Title 20 can be made and are contained in the Planning Commission Resolution for CT 94-09. The project is therefore consistent with Title 20, the Subdivision Ordinance. I. NON-RESIDENTIAL PLANNED DEVELOPMENT ORDINANCE (CHAPTER21.47 OF THE ZONING ORDINANCE) The applicant is requesting approval of a non-residential planned development permit to allow for Street "D" (Lot 13 of CT 94-09) within Planning Area 2 (Research and Development/Office) to be a private street with special design features. Planning Area 2 of the Carlsbad Ranch Specific Plan is located between Armada Drive on the west and LEGO Drive on the east. The proposed private street is located entirely within Planning Area 2 and intersects Armada Drive at the north end and at the south end of the planning EIR 94-01/GPA 9HitCPA 90-08(B)/ZC 94-02/SP 207(A)/SP LFMP 87-13(ByCr 94-09/PUD 94-07/HDP 94-07/DA 94-01 - CARLSBAD RANCH/LEGOLAND SPECIFIC PLAN AMENDMENT DECEMBER 6,1995 PAGE 17 area. Since LEGO Drive is the main access to LEGOLAND, access to the lots within the eastern portion of Planning Area 2 is not permitted from LEGO Drive. The private street will provide the necessary access to the lots on the east side of Planning Area 2. This will reduce the possible traffic conflicts with vehicles entering LEGOLAND. The street sections contained on sheet 2 of Master Tentative Map 94-09 and the Carlsbad Ranch Specific Plan depict the street cross section for Street "D". A 40 foot curb to curb width is proposed which will allow parking only on the east side of the street. A meandering sidewalk is proposed on the east side of the street. This is based on the fact that lots on the west side of the street front on Armada Drive which contains a public sidewalk providing pedestrian access to the promenade on the west side of the road. A twenty foot building and landscape setback measured from the face of curb for Street "D" is proposed. This setback is in comparison to the 30 foot building and landscape setback from Armada Drive and the 35 foot building and landscape setback from the eastern lot line of lots adjacent to LEGO Drive. The proposed setbacks in combination with the proposed private street provide for the greatest building separation in areas where a different land use is proposed or where seen from primary access ways. J. HILLSIDE DEVELOPMENT ORDINANCE (CHAPTER 21.95 OF THE ZONING ORDINANCE) A Hillside Development Permit is required for the project as the property contains slopes of 15 percent or more and has an elevation differential greater than 15 feet. The purpose of this permit is to review the project for conformance with the Hillside Development Ordinance. The development proposal is in conformance with the overall intent, purpose and requirements of the Hillside Development Ordinance. The project does not propose alteration of significant hillside natural resource areas. Recontouring several previously graded areas of the site is proposed to establish a more naturally appearing hillside along Palomar Airport Road. Manufactured 2 to 1 cut and fill slopes will not exceed 30 feet in height and all will be visually screened with landscaping. The project's grading volume of 6,118 cubic yards per graded acre is defined as "acceptable" pursuant to Zoning Ordinance Section 21.95.060 (j)(3). The project's hillside slope Conditions and undevelopable areas have been identified on the constraints map. Natural slopes over 40 percent in grade containing native vegetation will remain undisturbed. The manufactured and isolated slopes to be graded are being recommended for exclusion from the requirements of the Hillside Development Ordinance as provided in Section 21.95.090. K. DEVELOPMENT AGREEMENT ORDINANCE (CHAPTER21.70 OFTHE ZONING ORDINANCE) A Development Agreement is being requested for the LEGO portion of the Carlsbad Ranch Specific Plan (Parcel 18). None of the other portions of the Ranch project are proposed Era 94-01/GPA 9™/LCPA 90-08(B)/ZC 94-02/SP 207(A)/SPW( LFMP 87-13(B)/CT 94-09/PUD 94-07/HDP 94-07/DA 94-01 - CARLSBAD RANCH/LEGOLAND SPECIFIC PLAN AMENDMENT DECEMBER 6,1995 PAGE 18 to be covered by"tlie Agreement. The Development Agreement would give LEGO the Vested" right to develop their portion of the project in accordance with the Amended Specific Plan, the related approvals and the conditions imposed on the approvals in return for certain commitments being made to the City as discussed later in this portion of the staff report. Normally, rights for a project vest when a building permit is issued and substantial expenditures are made in reliance on the permit. With a Development Agreement, however, rights to develop the project for the length (term) of the agreement are vested when the project approvals are given. A Development Agreement is a contract that binds both the City and the developer, setting forth the applicable terms and conditions under which the project may proceed. So long as the developer is not in default, the City may not change the City's land use rules applicable to the project (except as provided in the Development Agreement). In return, the developer is obligated to perform its obligations as set forth in the agreement. This is the first Development Agreement considered by the City other than ones for affordable housing projects. The Development Agreement Ordinance (Chapter 21.70 of the Carlsbad Municipal Code) was recently amended by the City Council based on a recommendation from the Planning Commission to allow for consideration of this type of agreement. Prior to that time, the City's ordinance only allowed for consideration of Development Agreements in conjunction with affordable housing projects. The amendment to the Ordinance was processed as a result of strategies considered by the City Council regarding Economic Development and the fact that state law mandates the City to have procedures and requirements for Development Agreements in place when one is requested by an applicant 'for any type of project. Subsequent to the adoption of the amended Ordinance, the City Council also adopted a policy (Policy No. 56) which provides additional guidance to the City in negotiating a Development Agreement. The Planning Commission has previously been provided with a copy of both the amended Development Agreement Ordinance and City Council Policy No. 56. The proposed Development Agreement was drafted and negotiated by a staff review committee consisting of the City Manager, City Attorney, Financial Management Director, Community Development Director and the Planning Director. A legal consultant/attorney was also utilized by staff. In addition, a two-member subcommittee of the City Council provided some policy input into the negotiations. Attachment Number 20 to the staff report is a more detailed summary of the provisions of the proposed Development Agreement, however, the major features or elements of the Agreement are highlighted and summarized below. 1. The Agreement requires LEGO Park Planning Inc. (LPPI) to open LEGOLAND within 5 years. LPPI can request 2 one-year extensions to the required opening date upon the payment of an extension fee of $450,000 per year. (Section 4.2.1) EIR 94-01/GPA 9WLCPA 90-08(B)/ZC 94-02/SP 207(A)/SP LFMP 87-13(B)/CT 94-09/PUD 94-07/HDP 94-07/DA 94-01 - CARLSBAD RANCH/LEGOLAND SPECIFIC PLAN AMENDMENT DECEMBER 6,1995 PAGE 19 2. If LPPT decides not to open LEGOLAND, it is required to make a "donation" to the City in the amount of $500,000 to cover City expenses for processing the project. (Section 3.1.4.10) 3. The land use approvals for the LEGO Project are vested during the time required for the opening of the Park and additionally, the Agreement provides for vesting of the approvals for 5 years of operation after the Park is opened. Although LPPI has indicated its intention to open LEGOLAND by the end of 1999, the Agreement gives them 5 years to open after the Agreement is approved which would allow them until approximately January 2001. They also could request the 2 one-year extensions upon the payment of the extension fee. Therefore, since the agreement would be in effect for 5 years after opening, the total term of the Agreement would be for approximately 9 years to a maximum of 12 years. (Section 4.2.2) 4. During the term of the Agreement, LPPI has the right to develop and use Parcel 18 in accordance with the land uses, densities and intensities, the zoning, and the development standards, conditions and improvement requirements specified in the Specific Plan, the other Project Approvals and the Applicable Rules (collectively, "Vested Rules"). The Vested Rules shall include the standards and requirements for public facilities, parking, open space, setbacks, landscaping and signage set forth in the Specific Plan. (Section 3.1.1) 5. LPPI is required to process a Site Development Plan for the actual site design of the LEGOLAND Park and the City has the right to condition the plan as long as those conditions are not inconsistent with the Specific Plan, the other previous approvals and the Vested Rules. Subject to certain exemptions such as an emergency or state or federal preemption, the City cannot apply any new or amended ordinances, resolutions, rules, regulations, requirements or policies that are inconsistent with the Vested Rules, so as to prevent or materially, adversely affect development, construction or operation of Parcel 18 in accordance with the Vested Rules. (Section 3.1.2) 6. Development Impact fees are not vested by the Agreement. The fees paid for the development of LEGOLAND shall be those in effect at the time the fees are normally charged. Increased or new fees are permitted as long as they are not applied only to LEGOLAND in a discriminatory manner and no other project or use in the City. (Section 3.3) 7. The agreement requires ongoing compliance with the Growth Management Plan. During the 5 year term of the Development Agreement after LEGOLAND is open and operating, the Agreement requires and LPPI has agreed to be subject to full compliance with the Growth Management Plan. EIR 94-01/GPA 94cPA 90-08(B)/ZC 94-02/SP 207(A)/SP LFMP 87-13(B)/Cr 94-09/PUD 94-07/HDP 94-07/DA 94-01 - CARLSBAD RANCH/LEGOLAND SPECIFIC PLAN AMENDMENT DECEMBER 6,1995 PAGE 20 Should there be any unforeseen Growth Management problems, LPPI will pay its fair share to resolve the problems. (Section 3.1.2.12) 8. Should the annual attendance at LEGOLAND exceed the 2.2 million projection during the term of the Development Agreement, the Agreement requires and LPPI has agreed to pay a "Quality of Life Fee" on each admission exceeding 2.2 million annual admissions (attendance). There is an accumulated cap on the fee of $3 million. The fee would be used on programs that enhance the quality of life in Carlsbad and which are consistent with the values of LEGO and the City. (Section 3.1.4.8) 9. The Development Agreement provides a description of what LEGOLAND means, the park components that must be included and the operational conditions. (Section 3.1.4.7) 10. Any assignment of LEGOLAND or Parcel 18 to another entity other than one affiliated with and controlled by LPPI requires the approval of the City Council. In any case, any entity owning the Park can only operate it as a LEGOLAND. (Section 3.1.5) 11. If LEGOLAND ceases operations or does not complete construction, LPPI is required to clear the land (Parcel 18) of all theme park-type structures and facilities. (Section 3.1.4.9) The proposed Development Agreement is required to be in compliance with Section 65864 et seq. of the California Government Code and Chapter 21.70 of the Carlsbad Municipal Code. It must be reviewed for consistency with City Council Policy No. 56. Staff believes that the proposed Development Agreement does conform with all the applicable state laws and City Ordinances and Policies. The City Attorney has reviewed the Agreement and has determined as with all state and city ordinances proposed, it legally conforms. The Development Agreement has been prepared and processed in compliance with State Law and the City's Development Agreement Ordinance which provides the procedures and standards for an agreement The Agreement implements and legally references the other project approvals being considered. It does not permit anything that is inconsistent or does not conform to these other actions. It does not change or modify the zoning, General Plan designations or Specific Plan regulations being considered under the other project actions. It will not become effective unless the other project approvals are given. Therefore, it is consistent with the General Plan, the zoning and the applicable Specific Plan for the property. The proposed development (LEGOLAND) for which the Development Agreement is being requested will require a substantial expenditure by the applicant in terms of time, design and holding costs and risk between the time of entitlement and construction. The development , 94-RcPA 90-08{B)/ZC 94-02/SP 207(A)/SP 1&(G)/EIR 94-01/GPA LFMP 87-13(B)/Cr 94-09/PUD 94-07/HDP 94-07/DA 94-01 - CARLSBAD RANCH/LEGOLAND SPECIFIC PLAN AMENDMENT DECEMBER 6,1995 PAGE 21 is a large, comprehensive one that will require significant time to design and construct Major public facilities and infrastructure will be required in order to open the development Therefore, a degree of certainty is needed so that if the project is approved, it can proceed forward to construction and operation in accordance with existing rules and regulations and project approvals. This is the primary reason why the applicant is requesting a Development Agreement. It is also the reason why the state law was enacted enabling cities to enter into this type of Agreement As stated previously, the Development Agreement contains a provision requiring compliance with the Growth Management Plan. The applicant has agreed that if during the term of the Agreement there are any unforeseen Growth Management problems, they will be subject to the same rules and regulations as any other property in the City and will do their fair share to resolve the problem. Therefore, approval of the Development Agreement is entirely consistent with the City's Growth Management Plan. Staff believes the proposed Development Agreement includes legally binding commitments by the applicant to provide substantial public benefits over and above those which the applicant would otherwise be obligated to provide as a normal condition of project approval. These commitments include: 1. A legal requirement to construct and open LEGOLAND within five years. Normally, a project approval expires within a specified period of time but the City cannot require the project to be built. 2. If the applicant decides not to build the LEGOLAND project, they are required to make a financial payment to the City. This cannot be required as a normal-type condition of approval. 3. If the construction of the project is not completed or the operations are ceased, the property must be cleared of all theme-type structures. Again, this is not a normal condition of approval. 4. The applicant has agreed to make a payment to the City if annual attendance exceeds 2.2 million during the term of the Development Agreement. These conditions will be in effect for the term of the proposed Development Agreement Without a Development Agreement or upon the expiration of the Agreement, these conditions would not be applicable to the project. Staff believes that the project will result in substantial economic benefits to the City. The Financial Management Director has prepared a fiscal impact analysis of the project addressing the benefits. The project itself will generate revenues for the City. In addition, it will stimulate the development of other uses and parts of the Carlsbad Ranch project such as the resort hotel which will generate substantial revenues for the City. It is highly unlikely EIR 94-01/GPA 9JB/LCPA 90-08(B)/ZC 94-02/SP 207(A)/SP TO( LFMP 87-13(B)/CT 94-09/PUD 94-07/HDP 94-07/DA 94-01 - CARLSBAD RANCH/LEGOLAND SPECIFIC PLAN AMENDMENT DECEMBER 6,1995 PAGE 22 that a resort hotef would develop at this time and at this location if it were not for the proposal to have a LEGOLAND adjacent to it. Staff also believes that the project will provide substantial public benefit to the community in terms of recreational, cultural and social factors. A significant number of job opportunities will be created by the project. For all these reasons, staff believes that a Development Agreement which provides more certainty that the project will be built and which allows the applicant to proceed with the project in accordance with existing policies, rules and regulations and project conditions is justified. V. ENVIRONMENTAL REVIEW A Program Environmental Impact Report was prepared for the project as described previously in this report. The Program EIR was prepared in accordance with the California Environmental Quality Act (CEQA) of 1970; the Guidelines for the Implementation of the California Environmental Quality Act (CEQA Guidelines) published by the Resources Agency of the State of California; and the City of Carlsbad Environmental Protection Ordinance (Chapter 19.04 of the Carlsbad Municipal Code). Twelve environmental issue areas were analyzed. Significant cumulative impacts to air quality, agriculture, and traffic were identified. A statement of overriding considerations must be adopted to approve the project and has been prepared. ATTACHMENTS 1. Planning Commission Resolution No. 3844 2. Planning Commission Resolution No. 3845 3. Planning Commission Resolution No. 3846 4. Planning Commission Resolution No. 3847 5. Planning Commission Resolution No. 3848 6. Planning Commission Resolution No. 3849 7. Planning Commission Resolution No. 3850 8. Planning Commission Resolution No. 3851 9. Planning Commission Resolution No. 3852 10. Planning Commission Resolution No. 3853 11. Planning Commission Resolution No. 3854 12. Location Map 13. Background Data Sheet 14. Local Facilities Impact Assessment Form 15. Disclosure Statements 16. Full Size Exhibits "A" - "W", dated December 6, 1995 (previously distributed; copy on file in the Planning Department) DN:kr November 1,1995 EIR 94-01/GPA 94x3»A 90-08(B)/ZC 94-02/SP 207(A)/SP LFMP 87-13{B)/CT 94-09/PUD 94-07/HDP 94-07/DA 94-01 - CARLSBAD RANCH/LEGOLAND SPECIFIC PLAN AMENDMENT DECEMBER 6,1995 PAGE 23 . 17. Carlsbad Ranch Specific Plan, dated October 1995 (previously distributed; copy on file in the Planning Department) 18. Zone 13 Local Facilities Management Plan, dated October 1995 (previously distributed; copy on file in the Planning Department) 19. Carlsbad Ranch Specific Plan Amendment Final Program Environmental Impact Report, dated November 1995 (previously distributed; copy on file in the Planning Department) 20. LEGO Development Agreement Summary. DN:kr November 1,1995 - LOCATION MAP BACKGROUND DATA Snem CASE NO: EIR 94-01/GPA 94-03/LCPA 90-08(BVZC 94-02/SP 207f A")/SP 144(G1/LFMP 87- 13(BVCT 94-09/PUD 94-07/HDP 94-07 DA 94-01 CASE NAME: CARLSBAD RANCH/LEGOLAND SPECIFIC PLAN AMENDMENT APPLICANT: Carltas Company REQUEST AND LOCATION: Certification of a Program EIR. approval of a Specific Plan Amendment and related actions on property located north of Palomar Airport Road, south of future the future Cannon Road extension (except for an area of approximately 24.2 acres located on the north side of Cannon Road), east of Paseo Del Norte. and west of the boundary of Local Facility Management Zones 5 and 8. LEGAL DESCRIPTION: A portion of Lots "G" and "H" of Rancho Agua Hedionda. in the City of Carlsbad. County of San Diego. State of California, according to the map thereof No. 823. APN: 211-022-01.02.03.07.08.09. 10. 11. 12. 13:211-023-01.02.03.04.05.06:212-041-05 (Assessor's Parcel Number) Acres 471.6 Proposed No. of Lots/Units 19 GENERAL PLAN AND ZONING Land Use Designation O/PL R> T-R/C T-R. OS Density Allowed N/A Density Proposed N/A Existing Zone O-O/P-M-Q. C-2-Q/0-Q/P-M- O. C-T-Q/C-2-0. C-2-O. P-M. E-A. OS. P-U Proposed Zone O-O/P-M-O. C-T-O/C-2-O. C-2- Q. C-T-Q. OS Surrounding Zoning and Land Use: (See attached for information on Carlsbad's Zoning Requirements) Zoning Land Use Site See above Agriculture, GIA Construction North P-U Agriculture South C-T-Q, C-2-Q, L-C 7-11, Nurseryland, Price Club, Vacant East P-M, OS Vacant West C-2-Q, C-T-q Car Country, Vacant, Pea Soup Anderson's PUBLIC FACILITIES School District Carlsbad Water District Carlsbad Sewer District Carlsbad Equivalent Dwelling Units (Sewer Capacity) 1.341.2 Public Facilities Fee Agreement, dated July 5. 1994 ENVIRONMENTAL IMPACT ASSESSMENT Negative Declaration, issued X Certified Environmental Impact Report, dated November 1995 Other, CITY OF CARLSBAD GROWTH MANAGEMENT PROGRAM LOCAL FACILITIES IMPACTS ASSESSMENT FORM - *~ (To be Submitted with Development Application) PROJECT IDENTITY AND IMPACT ASSESSMENT: FILE NAME AND NO: CARLSBAD RANCH/LEGOLAND SPECIFIC PLAN AMENDMENT - EIR 94-Q1/GPA 94-03/LCPA 90-08rBVZC 94-Q2/SP207(AVSP 144(GVLFMP 87-13(B)/CT 94-09/PUD 94- 07/HDP 94-07/DA 94-01 LOCAL FACILITY MANAGEMENT ZONE: 13 GENERAL PLAN: O/PI, R, T-R/C, T-R, OS ZONING: O-O/P-M-O. C-T-O/C-2-O. C-2-O. C-T-O. OS DEVELOPER'S NAME: Carltas Company ADDRESS: 5600 Avenida Encinas. Suite 100. Carlsbad. CA 92008 PHONE NO.: (619) 431-5600 ASSESSOR'S PARCEL NO.: 211-022-01.02. 03. 07. 08. 09. 10. 11. 12. 13: 211-023-01. 02. 03. 04. 05. 06: 212-041-05 QUANTITY OF LAND USE/DEVELOPMENT (AC, SQ. FT., DU): 471.6 Acres ESTIMATED COMPLETION DATE: Year 2010 A. City Administrative Facilities: Demand in Square Footage B. Library: Demand in Square Footage C. Wastewater Treatment Capacity (Calculate with J. Sewer) D. Park: Demand in Acreage = E. Drainage: Demand in CFS = Identify Drainage Basin = (Identify master plan facilities on site plan) F. Circulation: Demand in ADTs = (Identify Trip Distribution on site plan) G. Fire: Served by Fire Station No. •• H. Open Space: Acreage Provided - I. Schools: - (Demands to be determined by staff) J. Sewer: Demand in EDUs - Identify Sub Basin - (Identify trunk line(s) impacted on site plan) K. Water: Demand in GPD - N/A N/A 1.341.2 EDU S.40/SO. FT. N/A N/A 49.582 APT STATION #4 119.03 ACRES N/A 1.341.2 EDU South Agua Hedionda and Buena /Vallecitos 716.035 GPD City of Carlsbad Planning Department DISCLOSURE STATEMENT (Pl APPLICANTS STATEMENT OF DISCLOSURE OF CERTAIN OWNERSHIP INTERESTS ON ALL APPLICATIONS WHICH WU. REQUIRE DISCRETIONARY ACTION ON THE PART OF THE CTTY COUNOL. OR ANY APPOINTED BOARD, COMMISSION OR COMMITTEE. p^ rrrr*"—* The following information must be disclosed: APP"c*" 1 JUL051994 CITY OF CARLSBAD PLANNING DFPTList the names and addresses of all persons having a financial interest in the application. "*-<-,. Planning Associates 2386 Faraday Ave. Suite 120 Carlsbad, CA 92008 2. Owner List the names and addresses of all persons having any ownership interest in the property involved. Carltas Company 5600 Avenida Encinas 1100 Paul Ecke, Jr.Carlsbad, California 92008 Elisabeth K. Ecke Paul Ecke, III Lizbeth A.Ecke Sara Ecke May If any person identified pursuant to (1) or (2) above is a corporation or partnership, list the names and addresses of all individuals owning more than 1 0% of the shares in the corporation or owning any partnership interest in the partnership. /A «. If any person identified pursuant to (1) or (2) above is a non-profit organization or a trust, Jist the names and addresses of any person serving as officer or director of the non-profit organization or as trustee or beneficiary of the trust FRM0007 4/91 2O75 Las Palmas Drive • Carlsbad. California 92OO9-1576 - (619)438-1161 (OV9T) Disclosure Statement Page 2 5. Have you had more than $250 worth of business transacted with any member of City staff, Boards, Commissions, Committees and Council within the past twelve months? Yes No \s If yes, please indicate person(s) Ptf»on m defined M: 'Any IndMdual, flm. copeitwrthlp, joint venture. eteodeUon. todej dub, fraltmd org^iutkxi, aetporatton, MUM, f«c«w«». tyndtect*. thto «od any ctttw eeurty, e»y «nd eour*y, c«y munieip^lty, dU*k* w fllh«f poUbeal «ubdM«Jo^ or «ny o«h«» youp or <xxnb«wtton acting M • unit* (NOTE: Attach addlttonil pagw M CARLTAS COMPANY SignatUfB dT&wfier/date f Signature of applicant/date Christopher C. Calkins. Manager Bill Hofinan Print or type name of owner Print or type name of applicant FRM0007 4/91 City of Carlsbad DISCLOSURE STATEMENT *.Pt»UCANT$ STATSMENT OF DISCLOSURE Of CERTAIN OWNERSHIP INTERESTS ON AU. APPLICATIONS WHICH WIU. REQUIRE OlSCRETiONARY ACTION ON THS PART OF THi CITY COUNCIL OB ANY APPOINTED 9OAPO. COMMISSION OB COMMITTEE. *'»!»• Print) rhe following information must be di»clo««d: ' Applicant List the names and addresses of all persons having a financial interett in the application. Bill Hofman Hofman Planning Assoyiataa _2386 Faraday Avenue, Suite 120 92008 2 Owner List the names and addresses of all persons having any ownership interest in the property involved. Gemoloaical Institute of America, Inc. 1660 Stewarr Street - - - - Santa Monica/ CA 904176 !<jlA IS a bul^CM-J) nonpirbf it COrpUl dLlUll) 3. if any person identified pursuant to (1) or (2) aoove is a corporation or partnership, list the names and addresses of ail Individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership. 4 If any person identified pursuant to (1) or (2) above is a non-profit organization or a trust, list the names anc addresses of any person serving as officer or director of the non-prom organization or as trustee or beneficiary ct th*tfUSt> PLEASE REFER TO ATTACHED 4/91 jT-28 '94 10 = 39 Dj^U 0/«c/osu« Statement Page 2 5. Hava you had more than $250 worth of business transacted with any member of City staff, Boards, Commissions, Committees and Council within the past twelve months? No xxx if yes, please indicate person(s) . 3«f*en » a»<iri»d u: 'Any individual, firm. eop«nn»tihlp, iemi v»mui*. »Moci«Ben, toeial club. fr««m*i orgtnixctien. eerperwien, *«ttt», *ru»t. r*ctiv«>. , >ynaie«t», tbn ind kny other county, city and county, city municipality, dlft/ict or otn«c pcliticu *ubdivi»ion. or tny othtr group or eomointtion «ctmg it i j '-nit1 iS'OIE: Attacn ifldtiionai pages u n«ce«s«<y.) By; Signature o(Signature of ap(5licant/date Courtney A. Walker Print or type name of owner Bill Hofman Print or type name of applicant =RM0001 4/91 07.2= '94 10:.10 ID^In CORP AD GIA Board of GovernTFn: Frank Maier, Jr., Executive Chairman Richard T. Liddicoat, Chairman James C. Clark, K/c* Chairman Eli Haas, Secretary Paul G. Bailey, Treasurer Arnold Bockstruck CarletonG.Broer Gordon Brown, Ph.D. Paul Campbell J. F. Ellis, Jr. Kurt Nassau, Ph.D. Glenn R. Nord Joseph H. Samuel, Jr. Robert E. Spratford Ben Krashes Ralph Destine G1A - Executive Officers: William E. Boyajian, President Dennis Foltz, Vice President of Education Courtney A. Walker, Vice President/ Chief Financial Officer/Secretary/Treasurer City of Carlsbad Planning Department DISCLOSURE STATEMENT APPLICANTS STATEMENT Of DISCLOSURE Of CERTAIN OWNERSHIP INTERESTS ON AU. APPLICATIONS WHKX WILL REQUIRE DISCRETIONARY ACTION ON THE PART OF THE OTY COUNCIL. OR ANY APPOINTED BOARD. COMMISSION OR COMMfTTEE. (PIMM Print) The following information must be disclosed: n "nrd --"^1. Applicant List the names and addresses of all persons having a financial interest in the application. HOFMAN PLANNlNti ASSOCIATES 2386 FARADAY AVENUE, STE 120 CARLSBAD, CA 92008 2. Owner List the names and addresses of ail persons having any ownership interest in the property involved. SAN DIEGO GAS & ELECTRIC 101 ASH STREET SAN DIEGO, CA 92101 3. If any person identified pursuant to (1) or (2) above is a corporation or partnership, list the names and addresses of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership. NONE 4. If any person identified pursuant to (1) or (2) above is a non-profit organization or a trust, list the names and addresses of any person serving as officer or director of the non-profit organization or as trustee or beneficiary of the trust NONE FRM0007 4/91 2O75 Las Palmas Drive • Carlsbad, California 92OO9-1576 • (619) 438-1161 Disclosure Statement (Over) Page 2 5. Have you had more than $250 worth of business transacted with any member of City staff, Boards, Commissions, Committees and Council within the past twelve months? Yes No jf2. If yes, please indicate person(s) Paraen » dafinad aa: 'Any Individual, firm. copa/toarahip, Joint vantura. aaaerlaflen. aocial dub, fmlamal organization, corporation. Mtata, truat r*e«iv«f, •yndicato, «M« *nd wiy oth«r county, oty and county, city municipality, dttrict or ottwr political Mibdiviaion. or any otttar group or combination •cting aa a unit* (NOTE: Attach additional pages as nscassary.) Print or type name of owner Signature of aip^ficant/date BILL HOIMAN Print or type name of applicant MARS 0 1995 :;>2GDI?T. FRM0007 4/91 City of Oarlsbari DISCLOSURE STATEMENT APPUCANTS STATEMENT OF DISCLOSURE OF CERTAIN OWNERSHIP INTERESTS ON ALL APPLICATIONS WHICH WILL REQUIRE DISCRETIONARY ACTION ON THE PART OF THE CITY COUNCIL, OR ANY APPOINTED 8OAPD. COMMISSION OR COMMOTEE. fP/ease Print) The following information must be disclosed: 1. Applicant List the names and addresses of all persons having a financial interest in the application. Hofman Planning Associates 2386 Faraday Ave.. Suite 120 Carlsbad, CA 92008 List the names and addresses of all persons having any ownership interest in the property involved. 3. If any person identified pursuant to (1) or (2) above is a corporation or partnership, list the names addresses of all individuals owning more than 10% of the shares in the corporation or owning any partner: interest in the partnership. 4. if any person identified pursuant to (1) or (2) above is a non-profit organization or a trust, list the names addresses of any person serving as officer or director of the non-profit organization or as trustee or benefic of the trust (Over) Disclosure Statement Page 2 5. Have you had more than $250 worth of business transacted with any member of City staff, Soar: Commissions, Committees and Council within the past twelve months? Yes No tf yes, please indicate person (s) Person is defined as: 'Any individual, firm, copartnership, joint venture, association, social club, fraternal organization, corporation, estate, trust receiver, syndicate, this and any other county, city and county, city municipality, district or other political subdivision, or any other group or combination acting as a unit.' (NOTE: Attach additional pages as necessary.) Signature of Owner/date Signature of applipant/date ~7J-.~/y 7/3 :<Z n.^cA/ Bill Hofman Print or type name of owner Print or type name of applicant Carlsbad Estate Holding, Inc. A California Corp. 5600 Avenida Encinas, Suite 130 Carlsbad, CA 92008 INTERLEGO AG A Swiss Company Teknisk Forskning og Udvikling Bachtalen 33 CH-6332 Hagendorn Having an interest as an optionee: LEGO Park Planning, Inc. A California Corporation 5600 Avenida Encinas, Suite 130 Carlsbad, CA 92008 100% owned by LEGO A/S A Denmark Corporation 7190Billund Denmark Of Oiarlsbart DISCLOSURE STATEMENT APPUCANTS STATEMENT OF DISCLOSURE OF CERTAIN OWNERSHIP INTERESTS ON ALL APPLICATIONS WHICH WILL REQUIRE DISCRETIONARY ACTION ON THE PART OF THE CITY COUNCIL OR ANY APPOINTED BOARD. COMMISSION OR COMMfTTEE. (Please Print) The following information must be disclosed: 1. Applicant Ust the names and addresses of all persons having a financial interest in the application. Hofman Planning Associates 2386 Faraday Ave., Suite 120 Carlsbad. CA 92008 2. Owner List the names and addresses of all persons having any ownership interest in the property involved. National Association of Music Merchants Avenida Enemas Carlsbad. CA 92008 3. If any person identified pursuant to (1) or (2) above is a corporation or partnership, list the names addresses of all individuals owning more than 10% of the shares in the corporation or owning any panne interest in the partnership. 4. if any person identified pursuant to (1) or (2) above is a non-profit organization or a-trust, list the name; addresses of any person serving as officer or director of the non-profit organization or as trustee or bene' of the trust. Larry R. Linkin, President/CEO Warner Paige, Chairman Rerson Rnsenbloom. Vice-Chairman Paul Murphy, Treasurer Steve West, Secretary 'Over) Disclosure Statement Page 2 5 Have you had more than $250 worth of business transacted with any member of City staff, Bear Commissions, Committees and Council within the past twelve months? Yes No tf yes, please indicate person(s)_ n is defined as: 'Any individual, firm, copartnership, joint venture, association, social club, fraternal organization, corporation, estate, trust receiver, syndicate, this and any other county, city and county, city municipality, district or other political subdivision, or any other group or combination acting as a unit.' (NOTE: Attach additional pages as necessary.) Signature of Owner/date Signatureof applicantWate Larry R. Linkin, President /CEO fJAHH Bill Hofman Print or type name Q\ ffltfaf officer Print or type name of applicant ATTACHMENT "20" LEGO DEVELOPMENT AGREEMENT SUMMARY Section(s) 1 and 2 3.1.1 to 3.1.1.7 3.1.2.1 to 3.1.2.11 3.1.2.12 3.1.3 3.1.4.1 to 3.1.4.6 3.1.4.7 • Page(s) 1 to 6 6 to 8 k 8 to 10 11 11 to 12 12 to 14 14 to 15 Summary of Provisions Standard preamble, recital language and definitions. Important definitions include "Applicable Rules", "Opening Date", and "Project Approvals". Describes vesting and what rights are vested. During term of Agreement, City cannot change vested rules and project approvals. Some exceptions *e allowed such as emergencies and certain limited rule changes which do not affect the project approvals and which are not inconsistent with the Specific Plan. Describes the process and requirements for approving a Site Development Plan for LEGOLAND after the Development Agreement is in effect. The City has the right to condition the Site Development Plan as long as the conditions are not inconsistent with the previous project approvals. The City cannot deny the Site Development Plan unless the Plan does not conform to previous project approvals. Once the Plan is approved, it also becomes vested. Provides for compliance with the Growth Management Plan during the term of the Development Agreement. LPPI agrees to pay its reasonable fair share, to the extent required by the Growth Management Plan, in solving any problems and meeting all the performance standards of the Growth Management Plan. Describes additional conditions which must be fulfilled prior to actual construction including evidence of title to Parcel 18, evidence of no hazardous waste and cancellation of Williamson Act contract. Describes additional vesting provisions as they relate to amendments to the Site Development Plan and modifications to the LEGOLAND Park. Included are provisions relating to City provided utilities and services and rates for same. Provides a description of LEGOLAND and its operational characteristics. These include conditions relating to minimum components and days of operation of the Park as required by the City. LEGO DEVELOPMENT AGREEMENT SUMMARY Section (s) 3.1.4.8 3.1.4.9 3.1.4.10 3.1.4.11 to 3.1.4.12 3.1.5 3.2.1 to 3.2.2.4 3.2.3 3.2.4 to 3.2.6 3.2.7 Page(s) 15 to 16 17 to 18 18 19 19 to 20 20 to 21 22 22 to 23 23 to 24 Summary of Provisions Provides for a "Quality of Life Fee" if annual attendance exceeds 2.2. million during the term of the Agreement. The fee would be $ .50 for each admission exceeding 2.2 million up to 2.5 million and $ 1.00 per admission exceeding 2.5 million. There is a $3 million aggregate cap on the amount of fee paid. The fee would be used for quality of life enhancement programs as determined by the City Council.f Requires the clearance of Parcel 18 if LEGOLAND ceases operations. Requires LPPI to make a $500,000 donation/payment to the City if they decide not to open a LEGOLAND. Provides for City to support LEGOLAND's request to CalTrans for signage and allows the naming of the interior street serving LEGOLAND as Legoland Drive or a similar name. Addresses assignment of LEGOLAND or Parcel 18 to another entity. Requires City approval of any transfer or assignment and requires the Park to still be operated as a LEGOLAND. Describes the City's obligations related to the financing and construction of the I-5/Cannon Road Interchange improvements. Requires LEGO to perform all applicable mitigation measures required by the EIR which relate to Parcel 18 and to conform to CEQA. Standard legal language regarding dedications, subdividing and improvement security. Acknowledges that certain parts of the infrastructure needed to open LEGOLAND will be funded by district financing. Allows LPPI to apply to the City to extend the time for opening of LEGOLAND if the required infrastructure improvements are not completed at no fault of LEGO. LEGO DEVELOPMENT AGREEMENT SUMMARY Section(s) 3.3 3.4 3.5 6 3.6 4.1 4.2 4.2.1 to 4.2.3 4.3 to 4.4.2.7 4.4.3 4.4.4 to 4.5 4.6 4.7 • , 4.8 to 4.30 Page(s) 24 to 25 25 to 26 26 to 27 * 27 to 28 28 28 28 to 30 30 to 32 33 34 to 38 38 to 39 39 to 40 40 to 46 Summary of Provisions Provides that development impact fees for the construction of LEGOLAND shall be those in effect when building permits are issued. The fees are not frozen (vested) and can increase as long as the increase applies to everyone in the City and are not just directed at LEGOLAND. Standard legal language regarding mortgagee protection. 1 Requires quarterly progress meetings between the City and LPPI during construction of LEGOLAND to insure that timing for opening is met. Standard legal language regarding insurance coverage. Standard legal language regarding processing of the Agreement. Provides for the term (length) of the agreement which is 5 years from the opening date of LEGOLAND. Describes the process and the requirements regarding the opening date of LEGOLAND. The park must be open within 5 years of the effective date of the agreement. Two one year extension are allowed if LEGO pays an extension fee of $450,000 per year. Other reasons for extending the opening date are also described. Standard legal language regarding legal items such as enforcement, default and legal challenges. Provides for an annual review for determining performance and compliance with the Agreement. Legal language regarding litigation, remedies and noticing. Describes the rights of the City and the reasons to terminate the Agreement. Requires consistency with the Local Coastal Program and Coastal Commission approval. Standard legal language regarding a number of miscellaneous items.