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HomeMy WebLinkAboutSDP 96-14H; Legoland 2015 Friends; Site Development Plan (SDP)'',(t~ CITY OF ¥CARLSBAD Community & Economic Development January 6, 2015 Chris Romero Merlin Entertainment Group 1 Legoland Drive Carlsbad,CA 92008 www.carlsbadca.gov SUBJECT: SOP 96-14(H)/CDP 96-16(G) -LEGOLAND 2015 FRIENDS -Request for approval of a Minor Site Development Plan Amendment and Minor Coastal Development Permit Amendment (SOP 96-14(H)/CDP 96-16(G)) for the reconfiguration of the existing Legoland "DUPLO Village" within the confines of the Legoland California theme park to introduce a new "LEGO Friends" theme. The 1.1 acre inner park improvements include minor renovations to the existing retail building (door and window configurations), an outdoor open air LEGO brick build area, removal of existing at-grade water fountain features and replacement with new heart shaped at-grade water fountain, addition of a smoothie kiosk, refurbishment of the existing puppet theater, an added themed tree house with viewing platform and slide, the addition of a new carrousel and queue line and landscaping modifications within 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 Mr. Romero, The City Planner has completed a review of your application for a Minor Site Development Plan Amendment and Minor Coastal Development Permit (SDP 96-14(H)/CDP 96-16(G)) for the reconfiguration of the existing Legoland "DUPLO Village" within the confines of the Legoland California theme park to introduce a new "LEGO friends" theme. The 1.1 acre inner park improvements include minor renovations to the existing retail building (door and window configurations), an outdoor open air LEGO brick build area, removal of existing at-grade water fountain features and replacement with new heart shaped at-grade water fountain, addition of a smoothie kiosk, refurbishment of the existing puppet theater, an added themed treehouse with viewing platform and slide, the addition of a new carrousel and queue line and landscaping modifications within 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 September 20, 2014). After careful consideration of the circumstances surrounding this request, the City Planner has determined that the findings required for granting a Minor Site Development Plan Amendment and Minor Coastal Development Permit Amendment can be made and therefore, APPROVES this request based on the following findings and conditions. · ··. Planning Division ~r ~·~1~6~3~5~F~a~r:a:d~a~y~A~v~e~n~u~e~.-C~a~rl~sb~a-d-.-,~C:A~9~2~0~0~8~-~7~3~1~4~T~7~6~0-~6~0~2~-~4~6-0_0 __ F_7~6-0 ___ 6_0_2--8-5_5_9 ____________ ® SDP 96-14{H)/CDP 96-16{G)-LEGOLAND 2015 FRIENDS i '"l i -~~9ua. ry 6, 2015 ! I '"'Pa e"2' ' Findings: 1. That the requested use is properly related to the site, surroundings and environmental setting, 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 Travel Recreation General Plan Land Use designation and development complies 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, commercial tourist development. Thet ~ is not a significant traffic increase associated with the proposed attraction revisions and any additional traffic would not exceed the original projected traffic generation for the project. 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 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 proposed project is a revision to an existing inner park attraction and will not be readily visible from the perimeter of the park. Adequate vehicle and bus parking and 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 system serving the proposed use is adequate to properly handle all traffic ,:enerated 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 City Planner 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)]; 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; SDP 96-14(H)/CDP 96-16(G)-LEGOLAND 2015 FRIENDS January 6, 2015 Pa e 3 d. the project has no new significant environmental effect not analyzed as significant in the prior EIR; e. none of the circumstances requiring a Subsequent EIR or a Supplemental EIR ur.ier CEQA Guidelines Sections 15162 or 15163 exist. 6. The City Planner 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 in that the project is consistent with the Travel Recreation General Plan Land Use designation and development complies 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. 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-r ,Jsidential 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 "II applicable policies in that the project consists of revisions to an existing 1.1 acre attraction within the Legoland California theme park on a lot designated as Travel Recreation Commercial (TR), by the Mello II Land Use Plan. The proposed revisions and new project features will not obstruct views of the coastline as seen from public lands or the public right-of-way, nor otherwise damage the visual beauty of the coastal zone. No agricultural uses currently exist on the ~'ite, nor are there any sensitive resources located on the property. In addition, the proposed att~action is not located in an area of known geologic instability or flood hazards. Since the site,r'does not have / / ./ SDP 96-14(H)/CDP 96-16(G)-LEGOLAND 201S FRIENDS January 6, 2015 Pa e4 frontage along the coastline, no public opportunities for coastal shoreline access are available from the subject site. Furthermore, the Travel Recreation Commercial-designated site is not suited for open water-oriented recreation activities. 11. The proposal is in conformity with the public access and recreation policies of Chapfer 3 of the Coastal Act in that the site is not located adjacent to the shore. Therefore, the project will not interfere with the public's right to physical access to the sea and the site is not suited for open water-oriented recreation activities. 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 development is proposed in areas of steep natural slopes (<: 25% gradient); no 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 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: 1. Approval is granted for SOP 96-14(H) and COP 96-16(G) LEGOLAND 2015 FRIENDS as shown on Exhibits''A"-"M" dated January 6, 2015 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 yiolation. No vested rights are gained by Developer or a successor in interest by the City's approval of this Minor Site Development Plan Amendment and Minor Coastal Development Permit Amendment. 3. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the SOP 96-14(H) and COP 96-16(G) -LEGOLAND 2015 FRIENDS documents, as n'eFessary 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 devel~\oment different from this approval shall require an amendment to this approval. '( 4. The De~~~l0per/Operator shall and does hereby agree to indemnify, protect, defend and hold harmless ~\le City of Carlsbad, its Council ·members, officers, employees, agents, and ' . \ \ ,, SDP 95-14(H)/CDP 95-15(G)-LEGOLAND 2015 FRIENDS January 5, 2015 Pa e 5 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 Amendment and Minor Coastal Development Permit Amendment, (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. 5. The Developer shall comply with all applicable provisions of federal, state, and local ordinances in effect at the time of building permit issuance. 5. 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. 7. 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. 8. 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 as shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving condition, free from weeds, trash, and debris. 9. 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. 10. 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. 80-5, to the satisfaction of the Director of Community and Economic Development and the City Planner. 11. 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 55020. 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. 12. 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 Re-corder, 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 Pian Amendment and Minor Coastal Development Permit Amendment 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 City Planner has the authority to execute and record an amendment to the SDP 96-14(H)/CDP 96-16(G)-LEGOLAND 2015 FRIENDS January 6, 2015 Pa e 6 notice, which modifies or terminates said notice upon a showing of good cause by the owner/applicant or successor in interest. 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. Developer shall report, in writing, to the City Planner within 30 days, any address change from that which is shown on the permit application. Engineering: NOTE: Unless specifically stated in the condition, all of the following conditions, upon the approval of this proposed development, must be met prior to approval of a building permit. Agreements 1. Developer shall cause property owner to submit an executed copy to the city engineer for recordation a city standard Permanent Stormwater Quality Best Management Practice Maintenance Agreement. Grading 2. 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. 3. This project is subject to 'Priority Development Project' requirements. Developer shall prepare and process a Storm Water Management Plan (SWMP), subject to city engineer approval, to demonstrate how this project meets new/current storm water treatment requirements per the city's Standard Urban Storm Water Management Plan (SUSMP), latest version. In addition to new treatment control BMP selection criteria in the SUSMP, the developer shall use low impact development (site design) approaches to ensure that runoff from impervious areas (roofs, pavement, etc.) are drained through landscaped (pervious) areas prior to discharge. Developer shall pay all applicable SWMP plan review and inspection fees per the city's latest fee schedule. 4. 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 I 1' SDP 96-14(H)/CDP 96-16(G)-LEGOLAND 2015 FRIENDS January 6, 2015 Pa e 7 5. Developer is responsible to ensure that all final design plans (building plans, etc.) incorporate all source control, site design, treatment control BMP, and Low Impact Design (LID) facilities. Utilities 6. Developer shall meet with the fire marshal to determine if fire protection measures (building sprinklers, etc.) are required to serve the project. 7. Prior to issuance of building permits, developer shall pay all fees, deposits, and charges for connection to public facilities. 8. Developer shall install potable water and/or recycled water services locations approved by the district engineer. 9. The developer shall install sewer laterals and clean-outs at locations approved by the city engineer. 10. The developer shall design and construct public water, sewer, and recycled water facilities substantially as shown on the site plan to the satisfaction of the district engineer and city engineer. Code Reminders: The project is subject to all applicable provisions of local ordinances, including but not limited to the following: 11. 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. 12. Developer shall exercise special care during the construction phase of this project to prevent offsite siltation. Planting and erosion control shall be provided in accordance with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction of the City Engineer. 13. Prior to the issuance of a building permit, Developer shall pay a Public Facility fee as required by Council Policy No. 17. 14. 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. 15. 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 shown on the site plan are for planning purposes only. 16. Any signs proposed for this development shall at a minimum be designed in conformanc,;, with the City's Sign Ordinance and shall require review and approval of the City Planner prior to installation of such signs.