HomeMy WebLinkAboutSDP 2018-0017; PROJECT 2020; Admin Decision LetterFILE
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Carlsbad
February 19, 2019
Bill Hofman
Hofman Planning and Engineering
3152 Lionshead Avenue
Carlsbad, CA 92010
SUBJECT: SDP 2018-0017 /CDP 2018-0043 (DEV2018-0163)-PROJECT 2020-Request for approval
of a Minor Site Development Plan (SDP 2018-0017) and Coastal Development Permit (CDP
2018-0043) for the removal of existing attractions and construction of new attractions,
exterior remodel of select existing structures, and landscape/hardscape modifications in
an active cluster within the Inner Park area of Legoland California. The subject property
is located at 1 Lego land Drive, in the Carlsbad Ranch Specific Plan, Mello II Segment of t he
Local Coastal Program, Commercial Tourist (C-T-Q) zone, and Local Facilities Management
Zone 13.
Dear Mr. Hofman,
The City Planner has completed a review of your application for a Minor Site Development Plan (SDP
2018-0017) and Coastal Development Permit (CDP 2018-0043) located at 1 Lego land Drive. A not ice was
sent to property owners within a 300-foot radius and occupants \Vithin a 100-foot radius of t he subject
property requesting comments regarding the above request. No comments were received within the ten-
day notice period (ending on February 16, 2019). After careful consideration of the circumstances
surrounding this request, the City Planner has made a decision pursuant to Section 21.06.070 of the City
of Carlsbad Municipal Code to APPROVE this request based on the following findings and subject to the
conditions listed below.
Findings:
SDP 2018-0017
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 (VC) 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 Carlsbad Ranch Specific Plan. The replacement of existing Inner
Park attraction areas with new attractions is consistent with the goals and vision of the Specific
Plan for the Legoland Inner Park, and the project design complies with all applicable Specific
Plan development standards.
Community & Economic Development
Planning Division J 1635 Faraday Avenue Carlsbad, CA 92008-7314 J 760-602-4600 J 760-602-8560 f J www.carlsbadca.gov
SDP 2018-0017/CDP 2018-0043 (DEV2018-0163) -·PROJECT 2020
February 19, 2019 •
Page 2
2. That the requested development or use is properly related to the site, su rroundings 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 Inner Park attraction areas with new attractions will not be
detrimental to existing uses since the area immediately surrounding the project site is also
within the theme park, and there is significant distance between the proposed project and
existing development to the west of Legoland Drive. The proposed attractions 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 t hat the site is already developed with existing theme park attraction areas, and the
proposed replacement attractions fit within the area of the theme park and meet 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 attractions are
within the interior of the theme park, and will not 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 t~ere is no traffic increase associated with the
proposed replacement attractions within the existing developed theme park.
CDP 20t8-0043
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 Inner 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 attractions are 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.
SOP 2018-0017/CDP 2018-0043 (DEV2018-0163)-PROJECT 2020
February 19, 2019
Pa e 3
General
10. 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/plan cited above;
c. EIR 94-01 was certified by the City Council on January 9, 1996, in connection with the prior
project or plan.
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 under CEQA
Guidelines Sections 15162 or 15163 exist. ·
11. The request for a Minor Site Development Plan and Coastal Development Permit was adequately
noticed at least ten (10) calendar day~ before the date of this decision pursuant to Section
21.54.060 of the Carlsbad Municipal Code.
12. That the project is consistent with the City's Landscape Manual and Water Efficient Landscape
Ordinance (Carlsbad Municipal Code Chapter 18.50).
13. The project is consistent with the adopted Airport Land Use Compatibility Plan for the McClellan-
Palomar Airport (ALUCP), dated March 4, 2010. The project is compatible with the projected noise
levels of the ALUCP 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. Based on the land use
compatibility matrix of the ALUCP, the proposed land use is compatible with the airport, in that it
is located within Safety Zone 6 and considered a conditionally compatible use.
14. 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:
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 2018-0017 /CDP 2018-0043 as shown on Exhibits "A" -"XX" dated
February 19, 2019 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
SOP 2018-0017/CDP 2018-0043 (DEV2018-0163}-PROJECT 2020
February 19, 2019
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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 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 prov1s1ons 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 shall implement, or cause the implementation of, the Carlsbad Ranch Project
Mitigation Monitoring and Reporting Program (EIR 94-01), including but not limited to
requirements for archeological and paleontological monitoring for ground disturbing activities
that may impact native soil.
7. 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.
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.
SOP 2018-0017/CDP 2018-0043 (DEV2018-0163)-PROJECT 2020
February 19, 2019
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10. Developer shall pay th~ citywide Public Facilities Fee imposed by City Council Policy No. 17, the
License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFO
#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 consiste_nt with the General Plan and shall
become void.
11. 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.
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.
15. Developer shall submit and obtain City Planner approval of an exterior lighting plan including
parking areas. All outdoor lighting shall be designed to reflect downward and avoid any impacts
on adjacent property. When warranted, the lights should be used in conjunction with cut-off
shields (fully shielded/full cutoff lighting). Such shields shall eliminate the horizontal and
upward projection of light and direct the light downward, eliminating excess illumination.
16. Prior to the commencement of any ground disturbing activities that may impact native soil, the
project developer shall enter into a Pre-Excavation Agreement, otherwise known as a Tribal
Cultural Resources Treatment and Tribal Monitoring Agreement, with the San Luis Rey Band of
Mission Indians or other Luiseiio tribe. This agreement will address provision of a Luiseiio
Native American monitor and contain provisions to address the proper treatment of any tribal
cultural resources and/or Luiseiio Native American human remains inadvertently discovered
during the course of the project. The agreement will outline the roles and powers of the Luiseiio
Native American monitors and the archaeologist.
SOP 2018-0017/CDP 2018-0043 (DEV2018-0163)-PROJECT 2020
February 19, 2019
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Engineering:
General
17. 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.
18. 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 and will continue
to be available until time of occupancy.
Fees/ Agreements
19. 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.
20. Developer shall cause property owner to execute and submit to the City Engineer for recordation
the city's standard form Drainage Hold Harmless Agreement.
Grading
21. Based upon a review of the proposed grading and the grading quantities shown on the site plan,
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.
22. 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.
23. 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 (SW.PPP) 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. ·
24. Provide a written narrative as addendum to the Legoland Regional SWQMP titled 'Legoland
Regional Water Quality/Hydromodification BMP' by Luis Parra, REC, Consultants, Inc. dated
March 5, 2018 that explains how this project complies with the current city storm water
requirements. Include an update to Table A of the said Regional SWQMP to include this project
and determine the remaining equivalent BMP area available for water quality compliance of
future Legoland redevelopment projects.
SOP 2018-0017/CDP 2018-0043 (DEV2018-0163)-PROJECT 2020
February 19, 2019
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25. 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 measu res, and Low Impact Design (LID) facilities.
26. Concurrent with the grading plans, Developer shall include shoring plans as part of the grading
plans to the satisfaction of the City Engineer and building official. Structural calculations for all
shoring shall be submitted for review and approval by the building division. Developer shall
·pay all deposits necessary to cover any 3rd party review.
Improvements
27. Developer shall design the private drainage systems, as shown on the site 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.
28. Developer shall design the on-site fire services as shown on the site plan, to the satisfaction of the
Fire Marshal.
Utilities
29. Developer shall meet with the fire marshal to determine fire protection measures (fire services,
fire flows, fire hydrants and building sprinklers) required to serve t he project.
30. Prior to issuance of building permits, developer shall pay all fees, deposits, and charges for
connection to public facilities.
31. 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.
32. Developer shall install potable water and/or recycled water services at locations approvep by the
district engineer. The locations of said services shall be reflected on the grading plans.
33. 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.
Code Reminders:
34. Approval of this request shall not excuse com pliance with all applicable sections of t he Zoning
Ordinance and all other applicable city ordinances in effect at time of building permit issuance,
except as otherwise specifically provided herein.
35. The project sha ll comply with the latest nonresidential disabled access requirements pursuant to
Title 24 of the California Building Code.
SDP 2018-0017 /CDP 2018-0043 (DEV2018-0163) -PROJECT 2020
February 19, 2019
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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 a'nnul 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 $876. 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
Esteban Danna at {760) 602-4629.
Sincerely,
TERI DELCAMP
Principal Planner
TD:ED:dh
c: Tecla Levy, Project Engineer
Don Neu, City Planner
HPRM/File Copy
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