Loading...
HomeMy WebLinkAbout2007-12-05; Planning Commission; ; LEGOLAND INNER PARK--The City of Carlsbad Planning Department A REPORT TO THE PLANNING COMMISSION P.C. AGENDA OF: December 5, 2007 ItemNo. G) Application complete date: February 9, 2007 Project Planner: Van Lynch Project Engineer: Frank Jimeno SUBJECT: SP 207{F)/LCP A 90-08(E) -LEGO LAND INNER PARK -Request for a determination that the project is within the scope of the previously certified Carlsbad Ranch EIR and that the Program EIR adequately describes the activity for the purposes of CEQA and approval of a Specific Plan Amendment and a Local Coastal Program Amendment to amend the Carlsbad Ranch Specific Plan to allow for an administrative approval process for Legoland Inner Park improvements, modify the allowed uses to include overnight uses and to define Minor and Major Specific Plan Amendments on property generally located north of Palomar Airport Road, south of Cannon Road, east of Paseo Del Norte and west of The Crossings Drive in the Mello II Segment of the Local Coastal Program and in Local Facilities Management Zone 13. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolutions No. 6356 and 6357 RECOMMENDING APPROVAL of Specific Plan Amendment 207(F) and Local Coastal Program Amendment 90-08(E) based .on the findings and subject to the conditions contained therein. II. INTRODUCTION The project consists of a request_ to amend the Carlsbad Ranch Specific Plan: to allow for the administrative approval of future Inner Park development projects within Legoland; to expand the allowed uses within the Legoland theme park to include overnight uses; and to add definitions and procedures for Minor and Major Specific Plan Amendments. The Carlsbad Ranch Specific Plan area is generally located north of Palomar Airport Road, south of Cannon Road, east of Paseo Del Norte and Car Country Drive and west of The Crossings Drive. III. PROJECT DESCRIPTION AND BACKGROUND The Legoland theme park is located within Planning Area Four of the Carlsbad Ranch Specific Plan. The Specific Plan regulates both the uses and development standards within the plan area. The applicant is requesting approval of amendments to the Specific Plan which would: add an administrative permit for the future development of the Legoland Inner Park development, expand the allowed uses within the theme -park to include overnight uses, and to add definitions and procedures for Minor and Major Specific Plan amendments. The inner park is defined as the passive and active attraction area and the outer park is defined as the parking lot and landscape buffers. SP 207(F)/LCPA 90-0S(E) -'GOLAND INNER PARK December 5, 2007 Pae 2 Presently, the Legoland Inner Park development requires the processing of a Site Development Plan for improvements for Inner Park rides and attractions. The applicant is proposing that the permit type required be changed to an administrative permit for ease of processing projects within the Inner Park. A Coastal Development Permit (CDP) is also required for development within the Coastal Zone. The CDP requirement is proposed to be amended to require a Minor CDP for improvements within the Inner Park area. Legoland is also requesting approval of additional overnight uses for the theme park. Legoland would like to add an overnight stay option as part of the Legoland visitor/guest package. This would be for kid and group events as well as for nightly guest stay for families available only as a package with park admission. The overnight uses would include: Tents/shelters on site, bathroom facilities, hospitality tent, central fire ring (staff monitored), and a small outdoor amphitheater. The anticipated number of people could be up to 275. The area would be located in the future Expansion Area Two in the northwestern park of the park. Access would be through Legoland only and vehicular access would not be permitted. The last of the three requested revisions is the addition of definitions and procedures for Minor and Major Specific Plan Amendments. Presently the Specific Plan administration section only refers to amendments in general. Any amendment to the Specific Plan would presently be considered a regular, or major amendment. The Minor amendment would allow for administrative approvals of minor changes, which will be defined later in this report. Most Specific Plans in Carlsbad have provisions for Minor and Major amendments. The entire Legoland Inner park area is roughly 35 acres in size. Only the area identified as the Northern Expansion Area Two, which is roughly 10 acres in size, remains to be developed. Expansion Area Two is the area furthest from the park visitor entrance and is located at the northern end of the theme park. Planning Area Five of the Carlsbad Ranch Specific Plan is located adjacent to the north ( currently vacant -designated as Open Space), resort/timeshare to the east (under construction), and to the west is the Legoland Drive main entrance with Planned Industrial uses beyond. The existing improvements to the Inner Park are: Miniland, DUPLO Village, Fun Town, Pirates, The Garden, Castle Hill, East Expansion Area Three ( developed), Imagination Center, Expansion Area Four (Corporate Picnic area), The Lagoon and The Ridge. No changes are proposed to the Outer Park area of the project. Any development proposals in the Outer Park area would require additional discretionary permits. The original Carlsbad Ranch Specific Plan was approved in 1993. The first amendment to the Specific Plan was to allow the Legoland theme park in 1996. There have been two other significant amendments for the development of the Museum of Making Music and the development of Planning Area 5 for the hotel/timeshare project. IV. ANALYSIS The proposed project is subject to the following plans, ordinances and standards as analyzed within the following section of this staff report: -SP 207(F)/LCP A 90-0S(E) -LEGO LAND INNER PARK December 5, 2007 Pae 3 A. General Plan Land Use Element -Travel Recreation/Commercial (TR) General Plan Land Use Designation; B. Tourist Commercial Zone -Qualified Development Overlay (C-T-Q) (Carlsbad Municipal Code Chapter 21.29); C. Carlsbad Ranch Specific Plan (SP 207(E); D. Mello II Segment of the Local Coastal Program -Carlsbad Municipal Code, Chapter 21.203, the Coastal Resource Protection Overlay Zone; E. Comprehensive Land Use Plan for McClellan-Palomar Airport; F.· Growth Management Ordinance (Local Facilities Management Plan Zone 13). The recommendation for approval of this project was developed by analyzing the project's consistency with the applicable regulations and policies. The project's compliance with each of the above regulations is discussed in detail in the sections below. A. General Plan The General Plan Land Use designation for Planning Area Four of the Carlsbad Ranch Specific Plan area is Travel Recreation/Commercial (TR). The TR designation allows uses such as visitor attractions and commercial uses that serve the travel and recreational needs of the tourist, residents and employees of the business and industrial centers. The Carlsbad Ranch Specific Plan limits the amount of development within the Legoland theme park. The proposed Specific Plan Amendment does not increase the size or significantly alter the allowed uses within the theme park. • The Carlsbad Ranch Specific Plan was found to comply with all applicable General Plan Goals, Objectives and Policies. This project is in conformanc~ with the Specific Plan and therefore is also in compliance with the General Plan. B. Tourist Commercial Zone -Qualified Development Overlay The project is within the Carlsbad Ranch Specific Plan and all properties within the Legoland Planning area are Zoned Tourist Commercial with the Qualified Development Overlay (CT-Q). Development within the Specific Plan area is subject to the development standards of the Specific Plan rather than the City's Zoning Ordinance. The Specific Plan maps and text define the allowable type and intensity of land uses in each planning area and provides detailed development and design standards, requirements, development phasing and timing, and the method by which the Specific Plan will be implemented. The proposed Specific Plan Amendments do not alter the development standards of the Specific Plan. C. Specific Plan A.mendment 207(F) The applicant is requesting three amendments to the Carlsbad Ranch Specific Plan. The first is to add an administrative permit for the development of the Legoland Inner Park area. Presently two discretionary permits, a Site Development Plan and Coastal Development Permit, are required for any development within Planning Area Four (Legoland) of the Specific Plan. The proposal is to create an administrative permit, a Minor Site Development Plan (MSDP), for the review and approval for development only within the Inner Park area of Legoland. This MSDP would be reviewed against the ·development standards of the Carlsbad Ranch Specific Plan and SP 207(F)/LCPA 90-08(E) -'GOL~ND INNER PARK December 5, 2007 Page 4 • acted upon by the Planning Director. An administrative Minor Site Development Plan approval by the Planning Director would allow adequate review of Inner Park development against the development standards established within the Carlsbad Ranch Specific Plan. The development of the future Expansion Area Two of the Lego land theme park is contained entirely within the inner . park of the theme park and will not be readily visible from outside the park. The previous Inner Park developments were completed without issues or impacts to uses outside the park boundaries. Future improvements will be of the same scale and nature as the existing development within the Inner Park area. A waiver of the CDP requirement for development within the Inner Park is also being requested. The Inner Park development is fully contained within the confines of the Legoland theme park and physically separated from other uses by landscaped buffers. There is no potential for coastal impacts as a result of Inner Park development. The Carlsbad Ranch Specific Plan establishes the development standards for any development within the park and the original CDP and Local Coastal Program Amendment anticipated the development of the Inner Park area as a theme park. Any development within the Inner Park in conformance with the development standards established by the Carlsbad Ranch Specific Plan would be in compliance with all the requirements of the Mello II Segment of the LCP. The second Specific Plan Amendment is to allow for an overnight stay program and limited overnight stay for traveling guests. This would expand on the allowance of indoor and outdoor facilities for children related to entertainment and education to include overnight uses. The amenities provided include: tents/shelters on site, bathroom facilities, hospitality tent (with microwave for warming beverages/baby formula), central fire ring (monitored by staff) and a small outdoor amphitheater. The area would only be accessible from the park visitor entrance and no vehicular access would be allowed. It is anticipated that up to 275 persons could be accommodated. The inclusion of an overnight program would not be disruptive to surrounding uses. The industrial/office uses to the west are typically closed in the evening and the resort to the northeast is buffered from Legoland by a significant (> 100 feet) distance with open space in between. Open space and a timeshare resort parking lot are adjacent to the north of Expansion Area Two. The third Specific Plan Amendment is the addition of definitions and procedures for Minor and Major Specific Plan Amendments. Presently the Specific Plan administration section only refers to amendments in general. Any amendment to the Specific Plan would presently be considered a regular, or major amendment which must be reviewed and acted upon by the City Council after a recommendation by the Planning Commission. The Minor amendment would allow for administrative approvals of minor changes, which would include: a. Expansions or reductions of up·to 10% in area may be allowed by the Planning Director. b. Realignment or· modification of internal streets serving the project, lot lines, site access locations, easement locations and grading adjustments, if approved by the Planning Director. • c. Minor modifications that do not change the densities or uses of the subject property as determined by the Planning Director. d. Modifications of design criteria such as minor architectural style or detail changes. Landscape treatments, fencing, lighting, etc., provided the modifications are in SP 207(F)/LCP A 90-08(E) -IGOLAND INNER PARK • December 5, 2007 Pae 5 substantial conformance with the purpose and intent of the design criteria in the Specific Plan and with the baseline approval of the subject project. All other amendments that do not meet the criteria of a Minor Amendment would require a Major Specific Plan Amendment, which would continue to be reviewed and acted upon by the City Council after a recommendation by the Planning Commission. Most Specific Plans in Carlsbad have provisions for Minor and Major amendments and the degree of amendments allowed are similar. The Specific Plan has existing language for minor amendments to Site Development Plans within Planning Area Four (Legoland) which allows for minor modifications to landscaping, parking, relocation of attractions, architectural changes and other similar revisions determined to be minor by the Planning Director. D. Mello II Segment of the Local Coastal Program The project is consistent with the relevant policies of the Mello II Segment of the Local Coastal Program and the Coastal Resource Protection Overlay Zone. The Specific Plan implements the intent of the Travel/Recreation Commercial (TR) General Plan Land Use designation and TR Local Coastal Program Land Use designation. With regard to consistency with the Local Coastal Program, the Specific Plan is the implementing ordinance for the LCP. The LCP Amendment is necessary to ensure consistency between the LCP and the Specific Plan. The proposed amendment will not result in any conflict with the provisions of the LCP. The proposed amendment would not affect any of the Mello II Land Use Policies related to grading, landscaping, erosion, steep slopes, landslides and slope instability, seismic hazards, erosion control practices, or removal of native vegetation. Additional Mello II Land Use Policies that are applicable to this site include Policy 1-1 Allowable Land Uses, Policy 2-2 Carlsbad Ranch Specific Plan "Mixed-Uses" Development, Policy 6-4 Overnight camping, Policy 7-10 Parking and Policy 8-5 Signage. The proposed amendment would not affect Policy 1-1, allowable land uses, since the proposed addition of overnight stay is a use to be included within the specific list of allowed uses in the Specific Plan and that the Overnight program is consistent with the General Plan and Carlsbad Ranch Specific Plan as a Travel/Recreation Commercial Land Use. Policy 2-2 of the LCP provides conditional development standards for the Specific Plan area to preserve and protect agricultural uses. The proposed amendments would not affect the standards as the proposed improvements are within the Legoland Inner Park. Policy 6-4 addresses a need for additional overnight camping as a source of lower cost visitor and recreational facilities. The overnight stay program has the potential to partially fulfill this policy. Policy 7-10 addresses parking standards which would not be reduced by the proposed amendments. The proposed amendments would not affect Policy 8- 5, since no modifications are proposed to the existing Sign Program. A six-week LCPA public notice of availability period (September 21, 2007 -November 2, 2007) was required for the project. No comments were received as of the date of preparation of this report. SP 207(F)/LCPA 90-0S(E)-,GOLAND INNER PARK December 5, 2007 Page 6 • E. Comprehensive Land Use Plan for McClellan-Palomar Airport The project site is located approximately a mile westerly of the airport and is within the Airport Influence Area for McClellan-Palomar Airport. The northerly portion of Legoland which consists of the Inner Park is within the 60 to 65 CNEL noise contour. The Carlsbad Ranch Specific Plan EIR identified the Legoland entertainment use a compatible use with the airport. A request for a consistency determination was sent to the Airport Land Use Commission (ALUC) for review. The ALUC made a determination on November 1, 2007 that the proposed Specific Plan Amendment was consistent with the Comprehensive Airport Land Use Plan. F. Growth Management Ordinance The proposed project is located within Local Facilities Management Zone 13. The proposed Specific Plan Amendment modifications regarding project permitting, amendment processing procedures or overnight stay do not impact public facilities. V. ENVIRONMENTAL REVIEW The proposed project has been reviewed pursuant to the California Environmental Quality Act (CEQA). Staff has reviewed the project and concluded that no potentially significant impacts would result with the implementation of the project that was not previously examined and evaluated in the Final Program Environmental Impact Report for the Carlsbad Ranch Specific Plan (EIR 94-01), dated January 9, 1996. EIR 94-01 evaluates the potential environmental effects of the development and operation of the "Carlsbad Ranch Specific Plan" and associated actions inclusive of the proposed planning area projects reviewed herein. The City Council certified EIR 94-01 on January 9, 1996. At that time CEQA Findings of Fact, a Statement of Overriding Considerations, and a Mitigation Monitoring and Reporting Program were approved. All mitigation measures contained in the adopted Mitigation Monitoring and Reporting Program from EIR 94-01 applicable to the proposed Planning Area project have been completed, incorporated into the project design or are required as conditions of approval for the project. The EIR 94-01 "Findings of Fact and Statement of Overriding Considerations" applies to all subsequent projects covered by the Carlsbad Ranch Specific Plan Final Program EIR. The proposed activities would have no effects beyond those analyzed in the program EIR, as they are a part of the program analyzed earlier. The area of the Legoland Inner Park development will not be increased and the proposed uses are similar to existing uses and do not expand the scope of the project. This project is within the scope of Final Program EIR 94-01 and no further CEQA compliance is required. EIR 94-01 is available for review at the Planning Department. ATTACHMENTS: 1. Planning Commission Resolution No. 6356 (SP 207(F)) 2. Planning Commission Resolution No. 6357 (LCPA 90-0S(E)) 3. Location Map 4. Background Data Sheet 5. Disclosure Statement SITE MAP • N NOT TO SCALE Legoland .Inner Park SP 207(F)/LCPA 90-08(E) ( "'"" ~ -- •1 i1Eoo..:Jo : CALIFORNIA I \~ I r ' I ' I I I ' North ~- 0 300' r...r, CASE NO: ~ACKGROUND DATA SHEET • SP 207(F)/LCPA 90-08(E) CASE NAME: LEGO LAND INNER PARK APPLICANT: MERLIN ENTERTAINMENTS GROUP U.S. HOLDING INC REQUEST AND LOCATION: A Specific Plan Amendment and a Local Coastal Program Amendment to amend the Carlsbad Ranch Specific Plan (207(E)) to allow for an administrative approval process for Legoland Inner Park improvements, modify the allowed uses to include overnight uses and to define Minor and Major Specific Plan Amendments. LEGAL DESCRIPTION: Lots 18 and 19 of City of Carlsbad Tract 94-09, Carlsbad Ranch- Units 2 and 3, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 13408, recorded in the Office of the County Recorder of San Diego County on A ril 1 1997. APN: 211-100-09-00 Acres: 128 Proposed No. of Lots/Units: N::....;.a..::/A-=----------- GENERAL PLAN AND ZONING Existing Land Use Designation: Travel/Recreation Commercial (T-R) Pr~posed Land Use Designation:N -~/A~------------------ Dens_ity Allowed: NI A Density Proposed: N::....;.a..::/ A-=----------- Exi~ting Zone: Commercial To~ist-Q Overlay (C-T-O) Surrounding Zoning, General Plan and Land Use: Zoning General Plan Site C-T-Q T-R North C-T-Q O-S/T-R South O-S/P-M-Q O-S East P-M PI West P-M/O O/PI LOCAL COASTAL PROGRAM Proposed Zone: NI A Current Land Use Theme Park Open space Open Space/ Office Golf Course Office Coastal Zone: l?sJ Yes D No Local Coastal Program Segment: =M=--e=ll=-o-=Ilc--__ _ Within Appeal Jurisdiction: D Yes l?sJ No Coastal Development Permit: D Yes l?sJ No Local Coastal Program Amendment: l?sJ Yes D No Existing LCP Land Use Designation: T-R Existing LCP Zo;ne: C-T-O Proposed LCP Land Use Designation: N~/ A __ _ Proposed LCP Zone: N_/A _______ _ Revised O 1/06 PUBLIC FACILITIES School District: Carlsbad Water District: Carlsbad Sewer District: Carlsbad -==:==------- Equivalent Dwelling Units (Sewer Capacity): N~/A _______________ _ ENVIRONMENTAL IMPACT ASSESSMENT D Categorical Exemption, _____________________ _ D Negative Declaration, issued ___________________ _ ~ Certified Environmental Impact Report, EIR 94-01, dated January 9, 1996 D Other, _____________________ _ Revised O 1/06 City of Carlsbad ■:;Fi,i,i•h·l•i§•IUIU,l§hl DISCLOSURE STATEMENT Applicant's statement or 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 Committee. The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. 1. APPLICANT (Not the applicant's agent) Provide the COMPLETE, LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership. include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation. include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person N{-A Corp/Part if.GaLAt\.J D CCil \i+ornig, ~ Title___________ Title D.p~ro..+-oc • Address________ Address One l£GOLAND Dr.1 Car/sb:-J CA c; ·li::1:56 2. OWNER (Not the owner's agent) Provide the COMPLETE, LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e, partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership, include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person hJ/A Corp/Part tfed,o £[1:t-ec-fc'linnfn1S Grbup o.s Title_________ Title Ht>ft:li()3S,:f'nc. (owner) Address________ Address One.,/.gJQL AND Qr. Coiirtsh:tt:L, C:A 9woi :Presid.--e-fl+ -:::rohn ~k.obSq':) S::'.-ifi • -r' 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (76lSfr~r6~ 602A5~~ba~;.,,-* 3. NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonorofit organization or a trust, list the names and addresses of ANY person serving as an officer or director of the non-profit organization or as trustee or beneficiary of the. Non Profit/Trust~------Non Profit/Trust ________ _ Title___________ Title ____________ _ Address Address ---------------------- 4. Have you had more than $250 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? D Yes ~ No If yes, please indicate person(s):. __________ _ NOTE: Attach additional sheets if necessary. I certify that all the above information is true and correct to the best of my knowledge. ~ Signa~ :Prcs(den+ \j~/o7 Print or type name of owner Print or type name of applicant Signature of owner/applicant's age'nt if applicable/date H:ADMIN\COUNTER\DISCLOSURE STATEMENT 5/98 Page 2 of 2