HomeMy WebLinkAboutSDP 16-25; LEGOLAND WP17 WATER SLIDE; Admin Decision Letter~~ 1 ·A4• \ :\
8FllE COPY
-("Cityof
Carlsbad
January 23, 2017
Daniel Stewart
Ethos Architecture, Inc.
24542 Creekview Drive
Laguna Hills, CA 92653
SUBJECT: SDP 16-25/CDP 16-48 -LEGOLAND WP17 WATER SLIDE (DEV 2016-0028) -Request for
approval of a Minor Site Development Plan and Minor Coastal Development Permit (SDP
16-25/CDP 16-48) for the development of a new water slide attraction area with
interactive water play, seating areas and a restroom building adjacent to the existing
waterpark to be located in the area of the former Flight Squadron ride within the Inner
Park of Legoland California Resort Theme Park. The subject property is located at 1
Legoland Drive, on property generally located north of Palomar Airport Road, south of
Cannon Road, east of Armada Drive, and west of The Crossings Drive in the Carlsbad
Ranch Specific Plan, Mello II Segment of the Local Coastal Program and in Local Facilities
Management Zone 13.
Dear Mr. Stewart,
The City Planner has completed a review of your application for a Minor Site Development Plan and Minor
Coastal Development Permit (SDP 16-25/CDP 16-48) located at 1 Legoland Drive within the Legoland
California Resort Theme Park. 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 December 30, 2016).
After careful consideration of the circumstances surrounding this request, the City Planner has made a
decision pursuant to Section 21.06.070 and 21.201 of the City of Carlsbad Municipal Code to APPROVE
this request based on the following findings and subject to the conditions listed below.
Findings:
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 of this code; in that the project is consistent with
the Visitor Commercial 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
C~rlsbad Ranch Specific Plan. The replacement of existing Interior Park attraction areas with a new
attraction is consistent with the goals and vision of the Specific Plan for the Legoland Interior Park,
and the project design complies with all applicable Specific Plan development standards.
Community & Economic Development
Planning Division I 1635 Faraday Avenue Carlsbad, CA 92008-7314 I 760-602-4600 I 760-602-8560 f I www.carlsbadca.gov
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SDP 16-25/CDP 16-48 -LEGOLAND WP17 WATER SLIDE (DEV 2016-0028)
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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 replacement of
existing Interior Park attraction areas with a new attraction will not be detrimental to existing uses
since the area surrounding the project site is also within the theme park. The proposed water slide
attraction 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 theme park attraction areas, and the
proposed replacement attraction 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 proposed replacement attraction is within
the interior of the theme park, and will not be visible or 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 replacement attraction within the existing developed theme park.
CDP 15-44
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 Legoland Interior Park.
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 available from the subject site, nor
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 it is already disturbed and
developed with the theme park attractions.
9. 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 the Certified Local
Coastal Program in that the proposed replacement attraction is a permitted and necessary use of a
theme park in the Visitor Commercial (VC) land use designation identified on the Local Coastal Plan
land use plan; no agricultural activities, sensitive resources, geological instability, flood hazard or
vertical coastal access opportunities exist onsite; and the proposed replacement attraction 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.
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General
10. That the project is consistent with the City's Landscape Manual and Water Efficient Landscape
Ordinance (Carlsbad Municipal Code Chapter 18.50}.
11. 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.
12. That the request for a Minor Site Development Plan and 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 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(a)-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 do not apply to this project.
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 grading
permits or building permits, whichever comes first.
1. Approval is granted for SDP 16-25/CDP 16-48 as shown on Exhibits "A" -"Q" dated January 23, 2017,
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.
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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
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 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.
8. 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.
9. 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 Section 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.
10. Developer shall submit 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.
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11. 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.
12. Developer shall report, in writing, to the City Planner within 30 days, any address change from that
which is shown on the permit application.
13. 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.
14. 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.
Engineering:
General
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. This project is approved upon the express condition that building pern:iits 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
17. 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.
18. Developer shall cause property owner to execute and submit to the city engineer for recordation the
city's standard form Drainage Hold Harmless Agreement.
19. Developer shall cause property owner to execute and submit to the city engineer for recordation the
city standard Permanent Stormwater Quality Best Management Practices (BMP) Maintenance
Agreement.
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Grading
20. Based upon a review of the proposed grading and the grading quantities shown on the tentative map,
a grading permit for this project is required. Developer shall prepare and submit plans and technical
studies/reports for city engineer review, post security and pay all applicable grading plan review and
permit fees per the city's latest fee schedule.
21. 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.
22. 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.
23. This project is subject to 'Priority Development Project' requirements. Developer shall prepare and
process a Storm Water Quality Management Plan (SWQMP), subject to city engineer approval, to
comply with the 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.
24. Developer is responsible to ensure that all final design plans (grading plans, improvement plans,
landscape plans, building plans, etc.) incorporate all source control, site design, treatment control
BMP, applicable hydromodification measures, and Low Impact Design (LID) facilities.
Dedications/Improvements
25. Developer shall design the private drainage systems, as shown on the tentative map 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.
26. Developer shall design the on-site fire services as shown on the site plan, to the satisfaction of the
Fire Marshal.
Utilities
27. Developer shall meet with the fire marshal to determine fire protection measures (fire services, fire
flows, fire hydrants and building sprinklers) required to serve the project.
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28. Prior to issuance of building permits, developer shall pay all fees, deposits, and charges for connection
to public facilities.
29. The developer shall 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.
30. Developer shall install potable water and/or recycled water services at locations approved by the
district engineer. The locations of said services shall be reflected on the grading plans.
31. The developer shall agree to install sewer laterals and clean-outs at locations approved by the city
engineer. The locations of sewer laterals shall be reflected on grading plans.
32. Water and access plans for fire department review required at time of grading plan submittal. In
addition, water and access plans shall be submitted as a deferred submittal directly to the fire
department for review and approval prior to issuance of building permits. This deferred submittal
shall show only water and access details including fire flow from Appendix B of the California Fire
Code. Submittals shall comply with California Fire Code, 2016 edition, including all applicable
referenced standards.
Code Reminders:
33. 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.
34. Developer shall pay a landscape plancheck and inspection fee as required by Section 20.08.050 of the
Carlsbad Municipal Code.
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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 $850.00. 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 at {760) 602-4611.
Sincerely,
J~
VAN LYNCH
Principal Planner
VL:TD:dh
c: Tecla Levy, Project Engineer
Don Neu, City Planner
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