HomeMy WebLinkAboutSDP 15-24; LEGOLAND MAINTENANCE YARD; Admin Decision LetterApril 4, 2016
Chris Romero
LEGOLAND California
Orie Legoland Drive
Carlsbad,CA 92008
SUBJECT: SDP 15-24/CDP 15-44 -LEGOLAND MAINTENANCE YARD -Request for approval of a
Minor Site Development Plan and Minor Coastal Development Permit (SDP 15-24/CDP 15-44) for the
development of four pre-fabricated metal shade structures, each approximately 16 feet in height, totaling
6,300 square feet within the e)(isting maintenance yard of the Lego land California Resort theme park. The
subject property is located within the existing Legoland California Resort theme park at 1 Legoland Drive,
Carlsbad, adjacent to the entrance off The Crossings Drive, on property generally located northerly of
Palomar Airport Road, south of Cannon Road, east of Armada 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 Mr. Romero,
The City Planner has completed a review of your application for a Minor Site Development Plan and Minor
Coastal Development Permit (SDP 15-24/CDP 15-44) for new shade structures within the existing Legoland
California Resort theme park maintenance yard. The project includes the addition of four separate,
prefabricated metal shade structures painted to match existing adjacent structures. Each of the shade
structures will be approximately 16 feet in height, and will range between 1,200 and 1,800 square feet in
size. The maintenance yard is located adjacent to the entrance off The Crossings Drive, on property
generally located northerly of Palomar Airport Road, south of Cannon Road, east of Armada 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 300 foot radius and occupants within
a 100 foot radius of the subject property requesting comments regarding the above request. No
comments were received within the ten day notice period (ending on March 28, 2016). After careful
consideration of the circumstances surrounding this request, the City Planner has determined that the
project is consistent with Section 21.06.070 of the City of Carlsbad Municipal Code, applicable Coastal
Development Regulations (Chapters 21.201 -21.205), and with all other applicable City ordinances and
policies. The City Planner, therefore, APPROVES this request based upon the following and subject to the
conditions listed below.
Community & Economic Development
Planning Division I 1635 Faraday Avenue Carlsbad, CA 92008-7314 I 760-602-4600 I 760-602-8560 f \ www.carlsbadca.gov
Findings:
SDP 15-24
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 the project is
consistent with the Visitor Commercial General Plan Land Use designation and development
complies with 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 proposed shade structures
will not encroach into the required building and landscape setbacks for the perimeter of the site.
The required building and landscape setbacks, and upgraded landscape maintenance that will be
conducted with the project, all provide an appropriate buffer between the Legoland maintenance
yard and existing, as well as future, commercial tourist development. There ns no traffic increase
associated with the proposed shade structures since they cover existing equipment and material
within the maintenance yard and do not generate additional traffic. The parking needs of the
maintenance yard have already been constructed, and the project does not require any additional
parking since square footage is not being added.
2. That the site for the intended use is adequate in size and shape to accommodate the use, in that the
maintenance yard is an existing service area of Legoland Park, and the proposed shade structures
cover existing equipment and material and do not expand the maintenance yard beyond its existing
boundary.
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 already been constructed to screen
the maintenance yard service area of the park. The proposed shade structures will cover and
further screen maintenance yard equipment and material. The decorative screen above the existing
perimeter wall, as well as the upgraded landscape maintenance that will be conducted with the
project, will additionally enhance the screening and visual appearance qualities of this area of the
Legoland theme park as viewed from The Crossings Drive and the entrance drive into the theme
park.
4. That the street system serving the proposed use is adequate to properly handle all traffic generated
by the proposed use, in that there is no traffic increase associated with the proposed shade
structures since they cover existing equipment and material within the maintenance yard and do
not add habitable square footage.
5. That the request for a Minor Site Development Plan was 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.
SOP 15-24/CDP 15-44 -LEGOL.AND MAINTENANCE YARD
March 31, 2016
Pa e 3
CDP 15-44
6. That the total cost of the proposed development is less than $60,000.
7. That the proposed development requires no discretionary approvals other than a Minor Coastal
Development Permit.
8. 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 available from the subject site, nor
are public recreation areas required of the project because the site is a developed theme park that
is not in proximity to the shoreline.
9. 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 it is already disturbed and
developed with the maintenance and service yard of an amusement park.
10. That the proposed development is in conformance with the Certified Local Coastal !Program and all
applicable policies in that the project is consistent with the Mello II Segment of thEi Certified Local
Coastal Program in that the proposed shade structures for the existing maintenance yard are not
precluded in the Visitor Commercial (VC) land use designation identified on the Loical Coastal Plan
land use plan; no agricultural activities, sensitive resources, geological instability, flood hazard or
vertical coastal access 01pportunities exist onsite; and the proposed shade structures 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.
11. That the request for a Minor Coastal Development permit was adequately noticed at least ten (10)
working days before the date of this decision pursuant to Section 21.201.080(B) and (C) of the
Carlsbad Coastal Development Regulations.
General
12. 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 1the park was considered a compatible land use at these nc>ise levels.
13. That 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 15061(b)(3) of the state CEQA Guidelines. In making this
determination, the City Planner has found that the activity is covered by the genercll rule, where it
can be seen with certainty that there is no possibility that the project may have a significant effect
on the environment.
SDP 15-24/CDP 15-44 -LEGOLAND MAINTENANCE YARD
March 31, 2016
Pa e 4
14. The City Planner 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:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of building
permits.
1. Approval is granted for SOP 15-24/CDP 15-44 as shown on Exhibits "A" -"D" dated March 31, 2016,
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 Pla111 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
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
SDP 15-24/CDP 15-44-LEGOL.AND MAINTENANCE YARD
March 31, 2016
Pa e 5
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. Developer shall submit to the City Planner a reproducible 24" x 36," mylar copy of the Site Plan
reflecting the conditions approved by the final decision-making body.
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 pay the citywide Public Facilities Fee imposed by City Council Policy #17, the License
Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFD #1 special
tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code S1ection 5.09.040.
Developer shall also pay any applicable Local Facilities Management Plan fee for Zone 13, pursuant to
Chapter 21.90. All such taxes/fees shall be paid at issuance of building permit. If the taxes/fees are
not paid, this approval will not be consistent with the General Plan and shall become void.
11. Developer shall report, in writing, to the City Planner within 30 days, any address clhange from that
which is shown on the permit application.
12. 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.
13. 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.
14. Prior to issuance of the building permit, Developer shall demonstrate to the satisfaction of the City
Planner or designee that the decorative fence and additional plantings shown on the approved
plans have been installed on the existing wall and within the existing landscaped areas,
respectively, to upgrade the softening and screening of the maintenance yard area as viewed from
the adjacent street and entrance drive.
SDP 15-24/CDP 15-44 -LEGO LAND MAINTENANCE YARD
March 31, 2016
Pa e 6
Engineering:
15. 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.
16. Developer shall complete and submit to the city engineer a Project Threat Assessment Form (PTAF)
pursuant to City Engineering Standards. Concurrent with the PTAF, developer shall also submit the
appropriate Tier level Storm Water Compliance form and appropriate Tier level Storm Water Pollution
Prevention Plan (SWPPP) as determined by the completed PTAF all 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.
17. 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.
18. 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.
SDP 15-24/CDP 15-44-LEGOL.AND MAINTENANCE YARD
March 31, 2016
Pa e 7
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.11
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 Cairlsbad, along with a payment of $673.00 plus notice fees. 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 Teri Delcamp cit (760) 602-4611.
Sincerely,
VAN LYNCH
Principal Planner
VL:TD:fn
c: Don Neu, City Planner
Kyrenne Chua, Project Engineer
California Coastal Commission (NoFA)
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