HomeMy WebLinkAboutSDP 2024-0017; LEGOLAND DUPLO 2025; Admin Decision Letter{city of
Carlsbad
February 4, 2025
PAIGE BROCKMAN
LEGOLAND CALIFORNIA RESORT
1 LEGOLAND DRIVE
CARLSBAD, CA 92008
SUBJECT: SDP 2024-0017 /CDP 2024-0026 (DEV2024-0082)-LEGOLAND DU PLO 2025 -Request for
approval of a Minor Site Development Plan and Minor Coastal Development Permit for
the development of a themed area, "DUPLO Across the World". The themed area is
targeted to children between two and six years of age. The proposed attractions and
structures within the land include an outdoor train ride with a covered queueing area and
enclosed space for equipment and operations and an outdoor theater with stage and
covered seating, with an approximately 900-square-foot theater building including
restrooms. Total project site area is 38,821 square feet (0.89 acres), all located within the
Inner Park Area of Legoland California at 1 Legoland Drive, in the Carlsbad Ranch Specific
Plan, the Mello II Segment of the Local Coastal Program, and Local Facilities Management
Zone 13.
Dear Paige Brockman,
The City Planner has completed a review of your application for a Minor Site Development Plan (SDP
2024-0017) and Coastal Development Permit (CDP 2024-0026) located at 1 Legoland Drive. A notice was
sent to property owners within a 300-foot radius of the subject property requesting comments regarding
the above request. No comments were received within the ten-day notice period (ending on December
28, 2024). After careful consideration of the circumstances surrounding this request, the City Planner has
made a decision pursuant to Section 21.06.070 of the City of Carlsbad Municipal Code to APPROVE this
request based on the following findings and subject to the conditions listed below.
Findings:
Minor Site Development Plan, SDP 2024-0017
1. That the proposed development or use is consistent with the general plan and any applicable master
plan or specific plan, complies with all applicable provisions of Chapter 21.06 of the Carlsbad
Municipal Code, and all other applicable provisions ofthis code; in that the project is consistent with
the Visitor Commercial (VC) General Plan Land Use designation and is subject to the development
standards of the Carlsbad Ranch Specific Plan. The Specific Plan is found to be consistent with the
various elements of the General Plan, and the project design complies with the requirements of the
Carlsbad Ranch Specific Plan. The development of a themed area, "DU PLO Across the World", which
Community Development Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600
SDP 2024-0017 /CDP 2024-0026 (DEV 2024-0082)-LEGOLAND DU PLO 2025
February 4, 2025
Page 2
is targeted to children between two and six years of age with attractions and structures that include
an outdoor train ride and an outdoor theater with a stage, covered seating, and restrooms, within
the Inner Park Area is consistent with the goals and vision of the Specific Plan for Legoland
California, and the project design complies with all applicable development standards.
2. That the requested development or use is properly related to the site, surroundings and
environmental settings, will not be detrimental to existing development or uses or to development or
uses specifically permitted in the area in which the proposed development or use is to be located, and
will not adversely impact the site, surroundings or traffic circulation; in that the development of a
themed area, "DUPLO Across the World", which is targeted to children between two and six years
of age with attractions and structures that include an outdoor train ride and an outdoor theater
with stage, covered seating, and restrooms will not be detrimental to existing uses since the area
immediately surrounding the project site is also within the theme park, and there is significant
distance between the proposed project and existing development to the east and west of Legoland
California them park. The development of the themed area, "DU PLO Across the World", within the
park will not generate any additional traffic and will not adversely impact the site or surroundings
because it is part of the developed theme park.
3. That the site for the intended development or use is adequate in size and shape to accommodate the
use; in that the site is already developed with existing attractions within the theme park, and the
proposed change to the attractions fits within the area of the theme park and meets all applicable
codes and standards.
4. That all of the yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the
requested development or use to existing or permitted future development or use in the
neighborhood will be provided and maintained; in that the development of a themed area, "DUPLO
Across the World", with attractions and structures that include an outdoor train ride and an outdoor
theater with stage, covered seating, and restrooms is within the interior of the theme park and will
not have any impact on existing or permitted future developments or uses in the neighborhood. All
features, structures and landscaping associated with the project will be maintained as part of the
theme park.
5. That the street system serving the proposed development or use is adequate to properly handle all
traffic generated by the proposed use; in that there is no traffic increase associated with the
proposed development of the themed area, "DUPLO Across the World", within the existing
developed theme park.
Minor Coastal Development Permit, CDP 2024-0026
6. That the proposed development requires no discretionary approvals other than a Minor Coastal
Development Permit and a Minor Site Development Plan consistent with the Carlsbad Ranch Specific
Plan for the Inner Park Area of Legoland California.
7. That the development is in conformity with the public access and public recreation policies of Chapter
3 of the Coastal Act, in that no opportunities for coastal access are ava ilable from the subject site, nor
Community Development Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600
SDP 2024-0017 /CDP 2024-0026 (DEV 2024-0082) -LEGOLAND DU PLO 2025
February 4, 2025
Page 3
are public recreation areas required of the project in that the site is a developed theme park that is
not in proximity to the shoreline.
8. The proposed development will have no adverse effect on coastal resources, in that the location of
the property is not immediately adjacent to any body of water and is already disturbed and
developed with theme park attractions.
9. That the proposed development is in conformance with the Certified Local Coastal Program and all
applicable policies in that the development of a themed area, "DUPLO Across the World", which is
targeted to children between two and six years of age with attractions and structures that include
an outdoor train ride and an outdoor theater with stage, covered seating, and restrooms is within,
and a part of, the theme park use, which is a permitted use in the Visitor Commercial (VC) land use
designation as identified in the Local Coastal Program land use plan for the Mello II Segment; no
agricultural activities, sensitive resources, geological instability, flood hazard or vertical coastal
access opportunities exist onsite; and the proposed themed area, "DUPLO Across the World", will
not obstruct views of the coastline as seen from public lands or public right-of-way or otherwise
damage the beauty of the coastal zone.
10. The project is consistent with the provisions of the Coastal Resource Protection Overlay Zone (Chapter
21.203 of the Zoning Ordinance) in that the project will adhere to the city's Master Drainage Plan,
Grading Ordinance, Storm Water Ordinance, BMP Design Manual and Jurisdictional Runoff
Management Program (JRMP} to avoid increased urban runoff, pollutants, and soil erosion. No steep
slopes or native vegetation is located on the subject property and the site is not located in an area
prone to landslides, or susceptible to accelerated erosion, floods, or liquefaction.
General
11. The City Planner has determined that the project belongs to a class of projects that the State Secretary
for Resources has found do not have a significant impact on the environment, and it is therefore
categorically exempt from the requirement for the preparation of environmental documents
pursuant to Section 15301 -Existing Facilities of the state CEQA Guidelines. In making this
determination, the City Planner has found that the exceptions listed in Section 15300.2 of the state
CEQA Guidelines and Section 19.04.070 (B) of the Carlsbad Municipal Code do not apply to this
project.
12. That the requests for a Minor Site Development Plan and a Minor Coastal Development Permit were
adequately noticed at least ten (10) calendar days before the date of this decision pursuant to Section
21.54.060 of the Carlsbad Municipal Code.
13. That the project is consistent with the City's Landscape Manual and Water Efficient Landscape
Ordinance (Carlsbad Municipal Code Chapter 18.50).
14. The project is consistent with the adopted Airport Land Use Compatibility Plan for the McClellan-
Palomar Airport (ALUCP), dated December 1, 2011. The project is compatible with the projected noise
levels of the ALUCP in that areas of the site are within the 60 and 65 CNEL noise contours and the
park was considered a compatible land use at these noise levels. Based on the land use compatibility
Community Development Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600
SOP 2024-0017/CDP 2024-0026 (DEV 2024-0082)-LEGOLAND DUPLO 2025
February 4, 2025
Page 4
matrix of the ALUCP, the proposed land use is compatible with the airport, in that it is located within
Safety Zone 6 and considered a conditionally compatible use.
15. The City Planner has reviewed each of the exactions imposed on the Developer contained in this
approval letter, and hereby finds, in this case, that the exactions are imposed to mitigate impacts
caused by or reasonably related to the project, and the extent and the degree of the exaction is in
rough proportionality to the impact caused by the project.
Conditions:
NOTE: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of a
building permit.
1. Approval is granted for SOP 2024-0017 /CDP 2024-0026 as shown on Exhibits "A" -"II" dated February
4, 2025, on file in the Planning Division and incorporated herein by reference. Development shall
occur substantially as shown unless otherwise noted in these conditions.
2. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented and
maintained over time, if any of such conditions fail to be so implemented and maintained according
to their terms, the city shall have the right to revoke or modify all approvals herein granted; deny or
further condition issuance of all future building permits; deny, revoke, or further condition all
certificates of occupancy issued under the authority of approvals herein granted; record a notice of
violation on the property title; institute and prosecute litigation to compel their compliance with said
conditions or seek damages for their violation. No vested rights are gained by Developer or a
successor in interest by the city's approval of this Minor Site Development Plan and Minor Coastal
Development Permit.
3. Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the Minor Site Development Plan and Minor Coastal Development Permit
documents, as necessary to make them internally consistent and in conformity with the final action
on the project. Development shall occur substantially as shown on the approved Exhibits. Any
proposed development, different from this approval, shall require an amendment to this approval.
4. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations
in effect at the time of building permit issuance.
5. If any condition for construction of any public improvements or facilities, or the payment of any fees
in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this
approval shall be suspended as provided in Government Code Section 66020. If any such condition is
determined to be invalid, this approval shall be invalid unless the City Council determines that the
project without the condition complies with all requirements of law.
6. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold harmless
the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and
against any and all liabilities, losses, damages, demands, claims and costs, including court costs and
attorney's fees incurred by the city arising, directly or indirectly, from (a) City's approval and issuance
Community Development Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600
SOP 2024-0017 /CDP 2024-0026 (DEV 2024-0082) -LEGOLAND DU PLO 2025
February 4, 2025
Pa e 5
of this Minor Site Development Plan and Minor Coastal Development Permit, (b) City's approval or
issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the
use contemplated herein, and (c) Developer/Operator's installation and operation of the facility
permitted hereby, including without limitation, any and all liabilities arising from the emission by the
facility of electromagnetic fields or other energy waves or emissions. This obligation survives until all
legal proceedings have been concluded and continues even if the city's approval is not validated.
7. Prior to submittal of the building plans, improvement plans, grading plans, or final map, whichever
occurs first, developer shall submit to the City Planner, a 24" x 36" copy of the (Site Plan or other),
conceptual grading plan and preliminary utility plan reflecting the conditions approved by the final
decision-making body. The copy shall be submitted to the City Planner, reviewed and, if found
acceptable, signed by the city's project planner and Project Engineer. If no changes were required by
these conditions, the approved exhibits shall fulfill this condition.
8. Prior to the issuance of a building permit, the Developer shall provide proof to the Building Division
from the Carlsbad Unified School District that this project has satisfied its obligation to provide school
facilities.
9. This project shall comply with all conditions and mitigation measures which are required as part of
the Zone 13 Local Facilities Management Plan and any amendments made to that Plan prior to the
issuance of building permits.
10. Developer shall report, in writing, to the City Planner within 30 days, any address change from that
which is shown on the permit application.
11. This approval shall become null and void if building permits are not issued for this project within 24
months from the date of project approval.
12. Prior to the issuance of the building permit, Developer shall submit to the city a Notice of Restriction
to be filed in the office of the County Recorder, subject to the satisfaction of the City Planner, notifying
all interested parties and successors in interest that the City of Carlsbad has issued a Minor Site
Development Plan and Minor Coastal Development Permit on the property. Said Notice of
Restriction shall note the property description, location of the file containing complete project details
and all conditions of approval as well as any conditions or restrictions specified for inclusion in the
Notice of Restriction. The City Planner has the authority to execute and record an amendment to the
notice which modifies or terminates said notice upon a showing of good cause by the Developer or
successor in interest.
13. Developer shall make a separate formal landscape construction drawing plan check submittal to the
Planning Division and obtain City Planner approval of a Final Landscape and Irrigation Plan showing
conformance with the approved Preliminary Landscape Plan and the city's Landscape Manual.
Developer shall construct and install all landscaping and irrigation as shown on the approved Final
Plans. All landscaping shall be maintained in a healthy and thriving condition, free from weeds, trash,
and debris. All irrigation systems shall be maintained to provide the optimum amount of water to the
landscape for plant growth without causing soil erosion and runoff.
Community Development Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600
SDP 2024-0017 /CDP 2024-0026 (DEV 2024-0082) -LEGOLAND DU PLO 2025
February 4, 2025
Page 6
14. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plancheck
process on file in the Planning Division and accompanied by the project's building, improvement, and
grading plans
15. Developer shall submit and obtain City Planner approval of an exterior lighting plan including parking
areas. All outdoor lighting shall be designed to reflect downward and avoid any impacts on adjacent
property. When warranted, the lights should be used in conjunction with cut-off shields (fully
shielded/full cutoff lighting). Such shields shall eliminate the horizontal and upward projection of
light and direct the light downward, eliminating excess illumination.
16. Prior to the commencement of any ground disturbing activities that may impact native soil, the
project developer shall enter into a Pre-Excavation Agreement, otherwise known as a Tribal Cultural
Resources Treatment and Tribal Monitoring Agreement, with the San Luis Rey Band of Mission
Indians or other Luisefio tribe. This agreement will address provision of a Luisefio Native American
monitor and contain provisions to address the proper treatment of any tribal cultural resources
and/or Luisefio Native American human remains inadvertently discovered during the course of the
project. The agreement will outline the roles and powers of the Luisefio Native American monitors
and the archaeologist.
Engineering Conditions:
General
17. Prior to hauling dirt or construction materials to or from any proposed construction site within this
project, developer shall apply for and obtain approval from, the city engineer for the proposed haul
route.
18. This project is approved upon the express condition that building permits will not be issued for the
development of the subject property, unless the district engineer has determined that adequate
water and sewer facilities are available at the time of permit issuance and will continue to be available
until time of occupancy.
Fees/ Agreements
19. Developer shall cause property owner to execute and submit to the city engineer for recordation, the
city's standard form Geologic Failure Hold Harmless Agreement.
20. Developer shall cause property owner to execute and submit to the city engineer for recordation the
city's standard form Drainage Hold Harmless Agreement.
Grading
21. Based upon a review of the proposed grading and the grading quantities shown on the site plan, a
grading permit for this project is required. Developer shall prepare and submit plans and technical
studies/reports as required by city engineer, post security and pay all applicable grading plan review
and permit fees per the city's latest fee schedule.
Community Development Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600
SDP 2024-0017 /CDP 2024-0026 (DEV 2024-0082)-LEGOLAND DU PLO 2025
February 4, 2025
Pa e 7
Storm Water Quality
22. Developer shall comply with the city's Stormwater Regulations, latest version, and shall implement
best management practices at all times. Best management practices include but are not limited to
pollution control practices or devices, erosion control to prevent silt runoff during construction,
general housekeeping practices, pollution prevention and educational practices, maintenance
procedures, and other management practices or devices to prevent or reduce the discharge of
pollutants to stormwater, receiving water or stormwater conveyance system to the maximum extent
practicable. Developer shall notify prospective owners and tenants of the above requirements.
23. Developer shall complete and submit to the city engineer a Determination of Project's SWPPP Tier
Level and Construction Threat Level Form pursuant to City Engineering Standards. Developer shall
also submit the appropriate Tier level Storm Water Compliance form and appropriate Tier level Storm
Water Pollution Prevention Plan (SWPPP) to the satisfaction of the city engineer. Developer shall pay
all applicable SWPPP plan review and inspection fees per the city's latest fee schedule.
24. This project is subject to 'Priority Development Project' requirements and trash capture
requirements. Developer shall prepare and process an addendum to the Regional Storm Water
Quality Management Plan (SWQMP), subject to city engineer approval, to comply with the Carlsbad
BMP Design Manual latest version. The addendum shall incorporate the revisions for this project
and identify trash capture measures that shall be or have been implemented for the regional basin
located at the south side of the Legoland parking lot to comply with Carlsbad BMP Design Manual
latest version. The final SWQMP required by this condition shall be reviewed and approved by the
city engineer with final grading plans. Developer shall pay all applicable SWQMP plan review and
inspection fees per the city's latest fee schedule.
Dedications/Improvements
25 . Developer shall design the private drainage systems, as shown on the site plan to the satisfaction of
the city engineer. All private drainage systems (12" diameter storm drain and larger) shall be
inspected by the city. Developer shall pay the standard improvement plan check and inspection fees
for private drainage systems.
Utilities
26 . Developer shall meet with the fire marshal to determine if fire protection measures (fire flows, fire
hydrant locations, building sprinklers) are required to serve the project
27. The developer shall agree to design landscape and irrigation plans utilizing recycled water as a source
and prepare and submit a colored recycled water use map to the Planning Department for processing
and approval by the district engineer.
Code Reminders
The project is subject to all applicable provisions of local ordinances, including but not limited to the
following:
Community Development Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600
SDP 2024-0017 /CDP 2024-0026 {DEV 2024-0082) -LEGOLAND DU PLO 2025
February 4, 2025
Page 8
28. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and Section 13.10 of
the City of Carlsbad Municipal Code, respectively. The Average Daily Trips (ADT) and floor area
contained in the staff report and shown on the site plan are for planning purposes only.
NOTICE
Please take NOTICE that approval of your project includes the "imposition" of fees, dedications,
reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions."
You have 90 days from the date of final approval to protest imposition of these fees/exactions. If you
protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and
file the protest and any other required information with the City Manager for processing in accordance
with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any
subsequent legal action to attack, review, set aside, void, or annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT
APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other
similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any
fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute
of limitations has previously otherwise expired.
This decision may be appealed by you or any other member of the public to the Planning Commission
within ten days of the date of this letter. Appeals must be submitted in writing to the Planning Division
at 1635 Faraday Avenue in Carlsbad, along with a payment of $930. The filing of such appeal within such
time limit shall stay the effective date of the order of the City Planner until such time as a final decision
on the appeal is reached . If you have any questions regarding this matter, please feel free to contact Kyle
Van Leeuwen at (442) 339-2611.
Sincerely,
CLIFF JONES
Principal Planner
CJ:KVL: CF
c: Kurt Stocks, Legoland, 1 Legoland Drive, Carlsbad, CA 92008
Richard Apel, R. W. Landscape Architects, Inc., 571 Hygeia Ave, Unit B, Encinitas, CA, 92024
Nichole Fine, Project Engineer
Eric Lardy, City Planner
Laserfiche/File Copy
Data Entry
Community Development Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600