Loading...
HomeMy WebLinkAboutSDP 16-24; LEGOLAND JD18 DARK RIDE; Admin Decision Letter• May 10, 2017. Daniel Stewart Ccityof Carlsbad Ethos Architecture, Inc. 24542 Creekview Drive Laguna Hills, CA 92653 SUBJECT: SDP 16-24/CDP 16'47 (DEV2016-0029) -LEGOLAND JD18 DARK RIDE -Request for approval of a Minor. Site Development Plan and Minor Coastal Development Permit (SDP 16-24/CDP 16-47) for the development of a new indoor submarine ride with indoor and outdoor queue areas housed within an approximately 12,600 square foot building located in the area of the former Wild Woods Miniature Golf Course 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 ofThe 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 16-24/CDP 16-47) 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 March 13, 2017). After careful consideration of the circumstances surrounding this request, the City Planner has made a decision pursµant 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 Carlsbad 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 SOP 16-24/CDP 16-47 (DEV2016-0029) -LEGOLAND JD18 DARK RIDE May 10, 2017 Page 2 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 interior ride 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. • SDP 16-24/CDP 16-47 (DEV2016-0029} -LEGOLAND JD18 DARK RIDE May 10, 2017 Pa e 3 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 16-24/CDP 16-47 as shown on Exhibits "A" -"T" dated May 10, 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. SOP 16~24/CDP 16-47 (DEV2016-0029) -LEGOLAND JD18 DARK RIDE May 10, 2017 Page4 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 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 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 o1 SDP 16-24/CDP 16-47 (DEV2016-0029} -LEGOLAND JD18 DARK RIDE May 10, 2017 Page 5 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. 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 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 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. SOP 16-24/CDP 16-47 {DEV2016-0029) -LEGOLAND JD18 DARK RIDE May 10, 2017 Page 6 Grading 20. 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. 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 1-imited 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 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. 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. I SDP 16-24/CDP 16-47 (DEV2016-0029) -LEGOLAND JD18 DARK RIDE May 10, 2017 Pa e 7 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. 35. Prior to the issuance of a building permit, Developer shall pay a Public Facility fee as required by Council Policy No. 17. 36. 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. SOP 16-24/CDP 16-47 (DEV2016-0029) -LEGOLAND JD18 DARK RIDE May 10, 2017 Page 8 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 foHow 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, TERI DELCAMP Principal Planner TD:sc c: Tecla Levy, Project Engineer Don Neu, City Planner File Copy Data Entry '