HomeMy WebLinkAboutSDP 96-14F; LEGOLAND WATERWORKS CLUSTER; Admin Decision LetterFILE COPY
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City of Carlsbad
February 10, 2010
San Diego County Recorded
Attn: Linda Kesian
P.O. Box 121750
San Diego, CA 92112-1750
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SUBJECT: NOTICE OF DETERMINATION -LEGOLAND WATERWORKS
CLUSTER-SOP 96-14(F)
Ms. Kesian,
Per your request, please find attached the original Notice of Determination for the Legoland
Theme Park (SDP 96-14) and copy of the Environmental Filing Fee cash receipt for same.
Sincerely,
s2C-
Senior Planner
C: file
1635 Faraday Avenue• Carlsbad, CA 92008-7314 • (760) 602-4600 ° FAX (760) 602-8559 • www.ci.carlsbad.ca.us @
January 28, 201 O .
-City
Hofman Planning and Engineering
Attn: Natalie Roderick
3152 Lionshead Avenue
Carlsbad, CA 92010
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of Carlsbad
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SUBJECT: MINOR SITE DEVELOPMENT PLAN SOP 96-14(F)/MINOR COASTAL
DEVELOPMENT PERMIT CDP 96-16{F) -LEGOLAND WATERWORKS CLUSTER -Request
for approval of a Minor Site Development Plan and Minor Coastal Development Permit (SOP
96-14(F)/CDP 96-16(F)) to construct a 7.3 acre water park attraction within Expansion Area 2 of
the Legoland California Theme Park on property generally located north of Palomar Airport
Road, south of Cannon Road, east of Armanda Drive and west of The Crossings Drive in the
Mello II Segment of the Local Coastal Program and in Local Facilities Management Zone 13.
Dear Ms. Roderick,
The Planning Director has completed a review of your application for a Minor Site Development
Plan and Minor Coastal Development Permit (SOP 96-14(F)/CDP 96-16(F)) to construct a 7.3
acre water park -attraction within Expansion Area 2 of the Legoland California Theme Park on
property generally located north of Palomar Airport Road, south of Cannon Road, east of
Armanda Drive and west of The Crossings Drive in the Mello II Segment of the Local Coastal
Program and in Local Facilities Management Zone 13. A notice was sent to property owners
within a 100' radius of the subject property requesting comments regarding the above request.
No comments were received within the ten day notice period (ending on January 25, 2010).
After careful consideration of the circumstances surrounding this request, the Planning Director
has determined that the findings required for granting a Minor Site Development Plan and Minor
Coastal Development Permit can be made and therefore, APPROVES this request based on
the following findings and conditions. •
Findings:
1. That the requested use is properly related to the site, surroundings and environmental
settings, is consistent with the various elements and objectives of the General Plan, will
not be detrimental to existing uses or to uses specifically permitted in the area in which
the proposed use is to be located, and will not adversely impact the site, surroundings or
traffic circulation, in that development will be required to comply with the
development standards of the Carlsbad Ranch Specific Plan which is found to be
consistent with the various elements of the General Plan and that the project
design complies with the requirements of the Carlsbad Ranch Specific Plan.
Development of the proposed area will not encroach into the required building
and landscape setbacks for the perimeter of the site. The required building and
landscape setbacks provide an appropriate buffer between the LEGOLAND Park
and existing, as well as future, development. There is not a significant traffic
increase associated with the proposed waterworks cluster and any additional
1635 Faraday Avenue• Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us @
' . . •• -SOP 96-14(F)/CDP 96-16(F)-LEGOLAND WATERWORKS-CLUSTER
January 28, 2010
Pa e 2
traffic would not exceed the original projected traffic generation for the project.
No traffic impacts are associated with the proposed inner park improvement.
2. That the site for the intended use is adequate in size and shape to accommodate the
use, in that all applicable code requirements have been met. All required parking
has been constructed and the infrastructure needs of the inner park development
were planned for the with the initial park construction.
3. That all yards, setbacks, walls, fences, landscaping, and other features necessary to
adjust the requested use to existing or permitted future uses in the neighborhood will be
provided and maintained, in that screen walls, berming and landscaping have been
constructed to screen service areas for the· park. The project design includes
additional berming and landscaping in the area proposed for development
adjacent to the service road to screen views from within the visitor areas of the
Inner Park to necessary park facilities and infrastructure not intended to be
viewed by guests. Adequate vehicle and bus turning movements were included
on-site with the construction of initial improvements. A service road was
constructed around the perimeter of the Inner Park for operational needs and
emergency vehicle access. Several access points were provided to the service
road for emergency vehicles. Pedestrian connections were also constructed to
the overall pedestrian circulation system of the Carlsbad Ranch.
4. That the street systems serving the proposed use is adequate to properly handle all
traffic generated by the proposed use, in that the proposed expansion areas were
included in the original circulation analysis prepared for program EIR 94-01 for
the Carlsbad Ranch Specific Plan. The circulation analysis considered the
buildout of the park and the corresponding attendance levels with park buildout.
5. The Planning Director has determined that:
a. the project is a subsequent activity of a project for which a program EIR was
prepared, and a notice for the activity has been given, which includes statements
that this activity is within the scope of the program approved earlier, and that the
program EIR adequately describes the activity for the purposes of CEQA)
[15168(c)(2) and (e)] and/or
b. this project is consistent with the project cited above;
c. Program Environmental Impact Report (EIR 94-01) for Carlsbad Ranch Specific
Plan Amendment was certified in connection with the prior project or plan;
d. the project has no new significant environmental effect not analyzed as
significant ill, the prior EIR;
e. none of the circumstances requiring a Subsequent EIR or a Supplemental EIR
under CEQA Guidelines Sections 15162 or 15163 exist;
6. The Planning Director finds that the project, as conditioned herein, is in
conformance with the Elements of the City's General Plan and Carlsbad Ranch
Specific Plan SP 207.
SOP 96-14(F)/CDP 96-16--LEGOLAND WATERWORKS CLU-R
January 28, 201 O
Pa e 3
7. The project is consistent with the Citywide Facilities and Improvements Plan, the
Local Facilities Management Plan for Zone 13 and all City public facility policies and
ordinances. The project includes elements or has been conditioned to construct or
provide funding to ensure that all facilities and improvements regarding sewer
collection and treatment; water; drainage; circulation; fire; schools; parks and other
recreational facilities; libraries; government administrative facilities; and open space,
related to the project will be installed to serve new development prior to or
concurrent with need. Specifically,
a. The project has been conditioned to provide proof from the Carlsbad School
District that the project has satisfied its obligation for school facilities.
b. A growth management park fee of 40 cents per square foot of non-
residential development will be collected at the time of building permit
issuance. This fee will be used to construct recreational facilities to offset
the demand created by employees within Zone 13.
c. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and
will be collected prior to issuance of building permit.
d. The Public Facility fee is required to be paid by Council Policy No. 17 and will be
collected prior to the issuance of building permit.
8. The project is consistent with the adopted Airport Land Use Compatibility Plan for
the McClellan-Palomar Airport (ALUCP), dated October 2004, in that the project is
compatible with the projected noise levels of the ALUCP; and, based on the
noise/land use compatibility matrix of the ALUCP, the proposed land use is
compatible with the airport 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.
9. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal
Code Section 14.28.020 and Landscape Manual Section I B).
10. That the proposed development is in conformance with the Certified Local Coastal
Program and all applicable policies in that the project is in compliance with the
relevant policies of the Mello II Segment of the Local Coastal Program, the
Carlsbad Ranch Specific Plan which serves as partial implementation for the
Mello II Segment for the project site, and the Coastal Resources Protection
Overlay Zone, as the agricultural conversion policy has been satisfied, the
only area of sensitive vegetation on the property has been preserved and is
subject to a Coastal Deed Restriction, and all necessary drainage detention
facilities are in plape.
11. The proposal is in conformity with the public access and recreation policies of
Chapter 3 of the Coastal Act in that pedestrian walkway connections to the
Carlsbad Ranch Trail System have already been constructed with the initial
construction of the park and no existing public access ways are affected by
development of the inner park area.
SOP 96-14(F)/CDP 96-161-LEGOLAND WATERWORKS CLU,ER
January 28, 2010
Pae 4
12. 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, Standard Urban Storm Water Mitigation Plan (SUSMP), and
Jurisdictional Urban Runoff Management Program (JURMP) 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.
13. The Planning Director has reviewed each of the exactions imposed on the Developer
contained in this resolution, 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:
1. Approval is granted for SOP 96-14(F) and CDP 96-16(F) LEGOLANO WATERWORKS
CLUSTER as shown on Exhibits "A" -"AA" dated January 28, 2010 on file in the
Planning Department 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 SOP 96-14(F)/CDP 96-16(F) Legoland
Waterworks Cluster 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. The 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, il'lcluding court costs and attorney's fees incurred by the City arising,
directly or· indirectly, from (a) City's approval and issuance of this Site Development
Plan and Coastal Development Permit, (b) City's approval or issuance of any permit
or action, whether discretionary or non-discretionary, 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.
SOP 96-14(F)/CDP 96-16. LEGOLAND WATERWORKS CLU-R
January 28, 2010 •
Pa e 5
5. The Developer shall comply with all applicable provisions of federal, state, and local
ordinances in effect at the time of building permit issuance.
6. Developer shall submit to the Planning Director, a reproducible 24" x 36", mylar copy of
the Site Plan and Conceptual Grading & Utilities Plan C-1 through C-4, reflecting the
conditions approved by the final decision making body. The reproducible shall be
submitted to the Planning Director, reviewed and, if acceptable, signed by the City's
project engineer and project planner prior to submittal of the building plans,
improvement plans, grading plans, or final map, whichever occurs first.
7. 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.
8. Prior to the issuance of a permit, the Developer shall provide proof to the Director from
Carlsbad Unified School District that this project has satisfied its obligation to provide
school facilities.
9. Developer shall submit and obtain Planning Director 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 as
shown on the approved Final Plans, and maintain all landscaping in a healthy and
thriving condition, free from weeds, trash, and debris.
10. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the
landscape plancheck process on file in the Planning Department and accompanied by
the project's building, improvement, and grading plans.
11. All roof appurtenances, including air conditioners, shall be architecturally integrated and
concealed from view and the sound buffered from adjacent properties and streets, in
substance as provided in Building Department Policy No. 80-6, to the satisfaction of the
Directors of Community Development and Planning.
12. 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
residential housing 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.
13. Prior to the issuance of a building permit, owner/applicant 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 Planning Director, notifying all interested parties and successors in
interest that the City of Carlsbad has issued a Site Development Plan and Coastal
Development Permit on the real property owned by the owner/applicant. 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 Planning Director 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 owner/applicant or
successor in interest.
SOP 96-14(F)/CDP 96-161-LEGOLAND WATERWORKS CLU,ER
January 28, 2010
Pa e 6
14. This approval shall become null and void if building permits are not issued for this
project within 36 months from the date of project approval.
15. Developer shall report, in writing, to the Planning Director within 30 days, any address
change from that which is shown on the permit application.
Engineering:
General
16. 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.
17. 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.
Fees/Agreements
18. Developer shall cause property owner to process, execute and submit an executed copy
to the City Engineer for recordation a City standard Permanent Stormwater Quality Best
Management Practice Maintenance Agreement for the perpetual maintenance of all
treatment control, applicable site design and source control, post-construction
permanent Best Management Practices prior to the issuance of a grading permit or
building permit, whichever occurs first for this Project.
Grading
19. 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 treatment 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.
20. Prior to the issuance of grading permit or building permit, whichever occurs first,
Developer shall submit for City approval a Tier 3 Storm Water Pollution Prevention Plan
(TIER 3 SWPPP). The TIER 3 SWPPP shall be in compliance with current
requirements and provisions established by the San Diego Region of the California
Regional Water Quality Control Board and City of Carlsbad Requirements. The TIER 3
SWPPP shall address measures to reduce to the maximum extent practicable storm
water pollutant runoff during construction of the project.
21. Prior to issuance of a building permit, Developer shall submit for City approval a "Storm
Water Management Plan (SWMP)." The SWMP shall demonstrate compliance with the
City of Carlsbad Standard Urban Stormwater Mitigation Plan (SUSMP), Order R9-2007-
SOP 96-14(F)/CDP 96-16--LEGOLAND WATERWORKS CLU-R
January 28, 2010
Pa e 7
0001 issued by the San Diego Region of the California Regional Water Quality Control
Board and City of Carlsbad Municipal Code all to the satisfaction of the City Engineer.
22. Developer shall incorporate Low Impact Development (LID) design techniques, on all
final design plans submitted to the City, to reduce the amount of run-off by mimicking
the natural hydrologic function of the site by preserving natural open-spaces and natural
drainage channels, minimizing impervious surfaces, promoting infiltration and
evaporation of run-off before run-off leaves the site. Developer shall incorporate LID
techniques using current County of San Diego Low Impact Development Handbook
(Stormwater Management Strategies). LID techniques include, but are not limited to:
vegetated swale/strip, rain gardens, and porous pavement, which can greatly reduce the
volume, peak flow rate, velocity and pollutants.
23. Prior to issuance of a building permit, Developer shall design the private drainage
systems, as shown on the site plan to the satisfaction of the City Engineer.
Utilities
24. 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.
Code Reminders:
25. Approval of this request shall not excuse compliance with all applicable sections of the
Zoning Ordinance and all other applicable City ordinances in effect at time of building
permit issuance, except as otherwise specifically provided herein.
26. 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.
27. Prior to the issuance of a building permit, Developer shall pay a Public Facility fee as
required by Council Policy No. 17.
28. Prior to the issuance of a building permit, Developer shall pay the Local Facilities
Management fee for Zone 13 as required by Carlsbad Municipal Code Section
21.90.050. A growth management park fee of 40 cents per square foot of non-
residential development will be collected at the time of building permit issuance.
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
SOP 96-14(F)/CDP 96-16'-LEGOLAND WATERWORKS CLU,ER
January 28, 201 O
Pa e 8
follow that procedure will bar any subsequent legal a_ction 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 Department at 1635 Faraday Avenue in Carlsbad, along with a payment of
$613.00. The filing of such appeal within such time limit shall stay the effective date of the
order of the Planning Director 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 Van Lynch at (760)
602-4613.
a:~
CHRIS DeCERBO
Principal Planner
CD:VL:sm
c: Merlin Entertainment Group, 1 Legoland Dr., Carlsbad, CA 92008
Michele Masterson, Senior Management Analyst
Frank Jimeno, Project Engineer
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