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HomeMy WebLinkAbout1997-04-16; Planning Commission; Resolution 40831 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 PLANNING COMMISSION RESOLUTION NO. 4083 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF SITE DEVELOPMENT PLAN NO. SDP 96-14 FOR A LEGOLAND THEME PARK WHICH INCLUDES THEME PARK ATTRACTIONS, RETAIL, FOOD AND BEVERAGE SERVICE, ASSOCIATED SUPPORT FACILITIES, AND PARKING ON 129 ACRES GENERALLY LOCATED ON THE NORTH SIDE OF PALOMAR AIRPORT ROAD EAST OF FUTURE ARMADA DRIVE AND WEST OF FUTURE HIDDEN VALLEY ROAD WITHIN PLANNING AREA 4 OF THE CARLSBAD RANCH SPECIFIC PLAN IN THE COASTAL ZONE AND LOCAL FACILITIES MANAGEMENT ZONE 13 CASE NAME: LEGOLAND Carlsbad CASE NO.: SDP 96- 14 WHEREAS, LEGOLAND Carlsbad, Inc., “Developer”, has filed a ve application with the City of Carlsbad regarding property owned by LEGOLAND Carlr Inc., “Owner”, described as Lots 18 and 19 of Carlsbad Tract 94-09 of Carlsbad Ranch Units 2 & 3 (“the Property”); and WHEREAS, said verified application constitutes a request for a Site Develop. Permit as shown on Exhibits “1”-“157” dated April 16, 1997, on file in the Plar Department, SDP 96-14 as provided by Chapter 21.06 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 16th day of April 1997 , a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testin and arguments, if any, of all persons desiring to be heard, said Commission considered all fa relating to the Site Development Plan. ... I 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Pla Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Plan Commission RECOMMENDS APPROVAL of Site Development Plan, 96-14 based on the following findings and subject to the following condition Findings: 1. That the requested use is properly related to the site, surroundings and envirom settings, is consistent with the various elements and objectives of the General Plan not be detrimental to existing uses or to uses specifically permitted in the area in I the proposed use is to be located, and will not adversely impact the site, surroundir traffic circulation, in that the project design complies with the requirements a Carlsbad Ranch Specific Plan and all other requirements applicable to the significant building and landscape setbacks have been provided arounc perimeter of the site including a 140 foot landscape setback from the right-of-w Palomar Airport Road on the south. The project is consistent with numt policies of the General Plan including Commercial Policy C.8 which recomm orienting travelhecreation commercial areas along the 1-5 corridor, in the Vi1 or near resort/recreation areas. The Carlsbad Ranch Specific Plan was found in compliance with the General Plan and contains a detailed description o plan’s compliance with the General Plan in Section I. H. 2. That the site for the intended use is adequate in size and shape to accommodate the ut that all applicable code requirements have been met as well as the landscapir approximately 47.5 percent of the total site area, the provision of all reqt parking as well as a parking expansion area on site, and building coveraj proposed at approximately 3 percent. Approximately 5.3 percent of the par area will be landscaped while a minimum of 3 percent is required. The parkin is divided into cells separated by 28 to 30 foot wide landscape areas which run i east/west direction. The central pedestrian spine in the parking lot is 80 feet 1 with a significant area devoted to landscaping. 3. That all yards, setbacks, walls, fences, landscaping, and other features necessary to a( the requested use to existing or permitted future uses in the neighborhood wil provided and maintained, in that screen walls, berming and landscaping are prop to screen service areas for the park. Adequate vehicle circulation has been prov to accommodate vehicle, truck, recreational vehicle and bus turning movemenl site. In addition a service road has been provided around the perimeter of the IJ Park for operational needs. Several access points have been provided to the ser road for emergency vehicles. Pedestrian connections to the overall pedest circulation system of the Carlsbad Ranch have been provided. ~ 1 PC RES0 NO. 4083 -2- 0 * 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4. That the street systems serving the proposed use are adequate to properly hand traffic generated by the proposed use, in that the proposed use is consistent with tl analyzed in the circulation analysis prepared for Program EIR 94-01 fo Carlsbad Ranch Specific Plan. With required street improvements the pr specific impacts can be mitigated to a level less than significant. Over1 considerations were previously adopted for the cumulative impact to 1-5 and S: Visitors will be directed by signage to reach the park using Cannon Road to L Drive. The private section of LEGO Drive south of the roundabout will co four lanes and toll plaza structures with a total of six windows. An analysi been prepared for the proposed private section of LEGO Drive by K Associates the firm which completed the traffic analysis for the Carlsbad R Specific Plan Amendment Program EIR and the Zone 13 Local Fac Management Plan. The analysis concluded that a total of 5,695 feet of stc would be needed to accommodate the anticipated conditions along LEGO L The proposed design of LEGO Drive utilizing reversible lanes would function VI inbound lanes and one outbound lane during the peak inbound period. proposed design will provide a total of 7,310 feet of storage therefore, all vel will be ab'le to stack on site. 5. The Planning Commission finds that: a. there was an EIR certified in connection with the prior Specific Amendment (SP 207(A)) and related actions and a Statement of Overr Considerations was adopted for cumulative impacts to air qui agriculture, and traffic which cannot be fully mitigated. The cumul impacts are regional in nature and occur in areas outside the jurisdictic the City; b. the project has no new significant environmental effect not analyzed as signil in the prior EIR ; and c. none of the circumstances requiring Subsequent or a Supplemental EIR 1 CEQA Guidelines Sections 15 162 or 15 163 exist. 6. The Planning Commission finds that all feasible mitigation measures or pr alternatives identified in EIR 94-01 which are appropriate to this Subsequent Pr have been incorporated into this Subsequent Project. 7. The project is consistent with the City-Wide Facilities and Improvements Plan applicable local facilities management plan and all City public facility policies ordinances since: a. The project has been conditioned to ensure the building permits will not be is for the project unless the District Engineer determines that sewer servic available, and building cannot occur within the project unless sewer se~ remains available, and the District Engineer is satisfied that the requiremen PC RES0 NO. 4083 -3- 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 the Public Facilities Element of the General Plan have been met insofar a! apply to sewer service for this project. b. Statutory School fees will be paid to ensure the availability of school facilii the Carlsbad Unified School District. c. All necessary public improvements have been provided or are requirt conditions of approval. d. The Developer has agreed and is required by the inclusion of an appro. condition to pay a public facilities fee. Performance of that contract and pa; of the fee will enable this body to find that public facilities will be ava concurrent with need as required by the General Plan. 8. The project has been conditioned to pay any increase in public facility fee, 01 construction tax, or development fees, and has agreed to abide by any addil requirements established by a Local Facilities Management Plan prepared pursua Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availabil public facilities and will mitigate any cumulative impacts created by the project. 9. This project has been conditioned to comply with any requirement approved as part ( Local Facilities Management Plan for Zone 13. 10. The project is consistent with the Comprehensive Land Use Plan (CLUP) fo McClellan-Palomar Airport, dated April 1994, in that, as conditioned the appl: shall record a notice that the property is subject to overflight, sight and sour aircraft operating from McClellan-Palomar Airport. The project is compatible the projected noise levels of the CLUP; and, based on the noise/land use compati matrix of the CLUP, the proposed land use is compatible with the airport, in tha project site falls inside the 60 and 65 CNEL noise contours and the proposed use is a compatible use at these noise levels. 11. A growth management park fee of 40 cents per square foot of non-reside development will be collected at the time of building permit issuance. This fee be used to construct recreational facilities to offset the demand created by empla within Zone 13. 12. The Planning Commission has reviewed each of the exactions imposed on the Deve: contained in this resolution, and hereby finds, in this case, that the exactions are imp to mitigate impacts cause by or reasonably related to the project, and the extent an degree of the exaction is in rough proportionality to the impact caused by the project. 13. That the project is consistent with the City’s Landscape Manual, adopted by City Cot Resolution No. 90-384. 14. The project complies with the development standards and design guidelines oj Carlsbad Ranch Specific Plan (SP 207(A)) and the Development Agreement (DP 0 1). PC RES0 NO. 4083 -4- 0 e 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Conditions: 1. The Planning Commission does hereby RECOMMEND APPROVAL of the Development Plan for the project entitled “SDP 96-14” (Exhibits “1”-157” dated , 16, 1997, on file in the Planning Department and incorporated by this reference, SL to the conditions herein set forth). Staff is authorized and directed to make, or re Developer to make, all corrections and modifications to the Site Development document(s), as necessary, to make them internally consistent and in conformity final action on the project. Development shall occur substantially as shown i approved Exhibits. Modifications to the types and locations of facilities inch rides, attractions and structures within the Inner Park may be made bJ applicant subject to the approval of the Planning Director, provided thal proposed revisions are in accordance with the Development Standards and DI Guidelines of the Carlsbad Ranch Specific Plan. All conditions shall be satisfied prior to finish grading or building permit issu: whichever comes first unless otherwise specified. 2. The Developer shall comply with all applicable provisions of federal, state, and ordinances in effect at the time of building permit issuance. 3. The Developer/Operator shall and does hereby agree to indemnify, protect, defend hold harmless the City of Carlsbad, its Council members, officers, employees, agents representatives, from and against any and all liabilities, losses, damages, demands, cl and costs, including court costs and attorney’s fees incurred by the City arising, dir or indirectly, from (a) City’s approval and issuance of this Site Development Plar City’s approval or issuance of any permit or action, whether discretionary or discretionary, in connection with the use contemplated herein, and Developer/Operator’s installation and operation of the facility permitted he] including without limitation, any and all liabilities arising from the emission bq facility of electromagnetic fields or other energy waves or emissions. 4. The Developer shall provide the City with a reproducible 24“ x 36”, mylar copy o Site Development Plan as approved by the final decision making body. The Development Plan shall reflect the conditions of approval by the City. The Development Plan copy shall be submitted to the City Engineer and approved pric building, grading, final map, or improvement plan submittal, whichever occurs first. 5. The Developer shall include, as part of the plans submitted for the first building pe. plan set, a reduced legible version of the approving resolutions on a 24” x 36” bluc drawing. Said blueline drawing(s) shall also include a copy of any applicable Co Development Permit and signed approved site plan. 6. Building permits will not be issued for development of the subject property unless District Engineer determines that sewer facilities are available at the time of applics for such sewer permits and will continue to be available until time of occupancy. PC RES0 NO. 4083 -5- I 0 (I) 1 2 3 4 5 6 7 8 9 10 11 7. The Developer shall pay the public facilities fee adopted by the City Council on Ju 1987, (amended July 2, 1991) and as amended from time to time, and any develo] fees established by the City Council pursuant to Chapter 21.90 of the Carlsbad Mur Code or other ordinance adopted to implement a growth management system or Fac and Improvement Plan and to fulfill the subdivider’s agreement to pay the 1 facilities fee dated December 17,1996, a copy of which is on file with the City Cler is incorporated by this reference. If the fees are not paid, this application will 1: consistent with the General Plan and approval for this project will be void. 8. The Developer shall provide proof of payment of statutory school fees to mi conditions of overcrowding as part of the building permit application. The am01 these fees shall be determined by the fee schedule in effect at the time of building F application. 9. This project shall comply with all conditions and mitigation measures which are req that Plan prior to the issuance of building permits, including, but not limited t following: I as part of the Zone 13 Local Facilities Management Plan and any amendments mz ~ 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 a. A growth management park fee of 40 cents per square foot of non-resid4 development will be collected at the time of building permit issuance. fee will be used to construct recreational facilities to offset the del created by employees within Zone 13. 10. Approval of SDP 96-14 is granted subject to the approval of CDP 96-16. SDP 96- subject to all conditions contained in the Planning Commission Resolution for CDI 16. 11. Prior to the issuance of the Building Permit, Developer shall submit to the City a N of Restriction to ‘be filed in the office of the County Recorder, subject to the satisfa of the Planning Director, notifying all interested parties and successors in interest th City of Carlsbad has issued a Site Development Plan and Coastal Development Pt by Resolutions No. 4083 and 4084 on the real property owned by the Developer. Notice of Restriction shall note the property description, location of the file contaj complete project details and all conditions of approval as well as any conditior restrictions specified for inclusion in the Notice of Restriction. The Planning Direct0 the authority to execute and record an amendment to the notice which modifit terminates said notice upon a showing of good cause by the Developer or success interest. 12. Trash receptacle areas adjacent to the service road which could be visible : adjacent properties shall be enclosed by a six-foot high masonry wall with t pursuant to City standards. Location of said receptacles shall be approved by Planning Director prior to building permit issuance. Enclosure shall be shown or building plans to be of similar colors and/or materials to the project to the satisfactic the Planning Director prior to building permit issuance. PC RES0 NO. 4083 -6- 0 @ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 13. An exterior lighting plan including parking areas shall be submitted for Planning Di. approval prior to building permit issuance. All lighting shall be designed to r downward and avoid any impacts on adjacent homes or property. 14. No outdoor storage of materials shall occur onsite unless required by the Fire Chie such instance a storage plan will be submitted for approval by the Fire Chief an Planning Director. 15. The Developer shall prepare a detailed landscape and irrigation plan in conformance the approved Preliminary Landscape Plan and the City’s Landscape Manual. The ( Park Landscape Plan must be submitted and approved prior to issuance o finish grading permit. The Inner Park Landscape Plans must be Submitted approved prior to the issuance of building permits for the Inner Park cluste which building permits are being requested. The Developer shall construct and i~ all landscaping as shown on the approved plans, and maintain all landscaping in a he and thriving condition, free from weeds, trash, and debris. 16. The first submittal of detailed landscape and irrigation plans shall be accompanied k project’s building, improvement, and grading plans. 17. Building identification and/or addresses shall be placed on the Service Administration Building so as to be plainly visible from the street or access road; 1 of identification and/or addresses shall contrast to their background color. 18. Prior to the issuance of building permits the Developer shall prepare and record a N that this property is subject to overflight, sight and sound of aircraft operating McClellan-Palomar Airport, in a form meeting the approval of the Planning Direct0 the City Attorney (see Noise Form #2 on file in the Planning Department). 19. The Developer is aware that the City is preparing a non-residential housing impac (linkage fee) consistent with Program 4.1 of the Housing Element. The applica further aware that the City may determine that certain non-residential projects may to pay a linkage fee, in order to be found consistent with the Housing Element o General Plan. If a linkage fee is established by City Council ordinance and/or resoll and this project becomes subject to a linkage fee pursuant to said ordinance al. resolution, then the Developer, or hishedtheir successor(s) in interest shall pay linkage fee. The linkage fee shall be paid at the time of issuance of building pen except for projects involving a request for a non-residential planned development fc existing development, in which case, the fee shall be paid on approval of the final 1 parcel map or certificate of compliance, required to process the non-residential P whichever pertains. If linkage fees are required for this project, and they are not paid, project will not be consistent with the General Plan and approval for this project become null and void. ... PC RES0 NO. 4083 -7- I 0 0 20. Prior to the issuance of building permits, the Agricultural Conversion Mitig Fee shall be paid by the developer for approximately 93.35 acres as required 1: Mello I1 Segment of the Local Coastal Program. 21. Prior to building permit issuance the Developer shall submit a solid I management plan for review and approval by the Planning Director. The plan provide the following: a. The approximate location, type and number of containers to be us1 collect refuse and recyclables. b. Refuse and recyclable collection methods to be used. c. A description and site plan for any planned on-site processing faciliti equipment (balers, compactors). d. A description of the types of recycling services to be provided contractual relationships with vendors to provide these services. e. The estimated quantity of waste generated and estimated qbantitil recyclable materials. This plan shall also evaluate the feasibility of the following dive] programs/measures: 1. Source separated green waste collection. .. 11. Cardboard recycling. 111. Programs which provide for the separation of wet (disposable) ... dry (recoverable) materials. iv. Where feasible, providing compactors for non-recyclables to re1 the number of trips to disposal facilities. v. Glass recycling in restaurants. 22. Prior to occupancy of Inner Park guest facilities, the developer shall submit a 1 security plan for review and approval of the Carlsbad Police Department. The shall include information about internal security programs, security systems devices and any other information required by the Police Department. 23. Prior to occupancy of Inner Park guest facilities, the developer shall submit tc Planning Director for review and approval an air quality mitigation plan that implement the following air quality mitigation measures for the life of the projec a. Provide commuter information areas on site for employees. ~ PC RES0 NO. 4083 -8- 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ~ b. Implement flexible or staggered employee shift start and finish times in t to reduce the number of vehicle trips generated by the project durin morning and evening peak hour commute. c. Develop an employee trip reduction plan to achieve 1.5 AVR (Avl vehicle riders). d. Provide shuttles to local major rail transit centers and multi-modal stal The shuttle service shall be maintained for the life of the project unless demonstrated to the Planning Director that it is infeasible based on ridel data. 24. Prior to occupancy the developer shall submit to and obtain Planning Dir approval of a parking plan that demonstrates that directed parking will be ut: during peak season days and how such a program will be implemc operationally for the life of the project. 25. Prior to occupancy the following minimum number of parking spaces mu! paved and striped: a. 3,410 automobile spaces b. 45 handicapped spaces c. 45 recreational vehicle spaces d. 600 employee spaces e. 60 bus spaces 26. The City may require the paving and striping of the parking expansion area F warranted by traffic usage in the opinion of the Planning Director and Engineer as listed in the Carlsbad Ranch Specific Plan. The parking expansion must accommodate a minimum of 1,150 parking spaces unless a portion of this 1 has been provided previously. The City may conduct traffic counts periodical1 determine the adequacy of the parking lot with respect to health and si standards to determine if the expansion area needs to be paved. The City ! advise the developer/operator of any health and/or safety problems and, at direction of the Planning Director and City Engineer, may require any neces remedies to correct the problems including paving of the entire expansion area. 27. Any offsite signage proposed for LEGOLAND Carlsbad must be in compli; with the standards contained in the Carlsbad Ranch Specific Plan which reqt that all such signage be shown as part of the Carlsbad Ranch Specific 1 Community Directional Signage Program. The Carlsbad Ranch Specific 1 PC RES0 NO. 4083 -9- e 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Community Directional Signage Program must be submitted and receive Plar Director approval prior to the issuance of any sign permits. Engineering: 28. The developedproperty owner shall comply with the requirements of the ( anti-graffiti program for wall treatments if and when such a program is forL established by the City, prior to the issuance of any building permit. 29. The developedproperty owner shall, prior to the issuance of building per provide an acceptable means for maintaining the private easements withir project boundaries and all private: streets, curbs, gutters, sidewalks, street li traffic control and traffic control signage, storm drain facilities, sewer facil water facilities, fire service facilities, reclaimed water facilities, landscaping irrigation facilities and pollution control facilities associated with the storm 1 system located therein. Adequate provision for such maintenance shall be incl with all assignments or sale of property subject to the approval of the City Engi These facilities are to be maintained by the developer/property owner for the 1, the project. 30. All concrete terrace drains shall be maintained by the developerlproperty owner fo life of the project. An appropriately worded statement clearly identifying responsibility shall be placed in all assignments or sale of property and on any f grading plans, improvement plans and site plans associated with the bui: permit. The facilities are to be maintained by the developer/property owner fo life of the project. 3 1. Prior to hauling dirt or construction materials to or from any proposed constructio~ within this project, the developer shall submit to and receive approval from the Engineer for the proposed haul route. The developer shall comply with all condition: requirements the City Engineer may impose with regards to the hauling operation. 32. The developer/property owner shall provide for sight distance corridors a1 street/driveway intersections in accordance with Engineering Standards for the li the project and shall place the following statement on the improvement, f grading, landscape and building permit plans in addition to any mainten documents: “No structure, fence, wall, tree, shrub, sign, or other object over 30 inches above the street level may be placed or permitted to encroach within the area identified as a sight distance corridor in accordance with City Standard Public Street Design Criteria, Section 8.B.3. The underlying property owner shall maintain this condition.” ... I ~ PC RES0 NO. 4083 -10- 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 33. Prior to issuance of a building permit for any buildable pad within the projec developer/property owner shall pay a one-time special development tax (Cornm Facilities District #1) in accordance with City Council Resolution No. 91-39 and 93. 34. The developedproperty owner shall pay all current fees and deposits required. 35. The developedproperty owner of the subject property shall execute an agreement ho the City harmless regarding drainage across the adjacent property prior to the issu of any finish grading permit or building permit whichever occurs first. 36. The subject property is within the boundaries of Assessment District No. ! (Carlsbad Ranch). Any subdivision of the property will require a segregatic assessment. It is estimated that an assessment lien will be placed on the pro] after June 3, 1997, and if not paid in full, the first payment will be due Dece: 1997 with the County tax bill. 37. The developedproperty owner shall execute a hold harmless agreement for geo failure prior to the issuance of a building permit or finish grading permit whicl: occurs first. 38. Based upon a review of the finish grading plan and finish grading quantities SI on the site development plan, a finish grading permit for this project is requ The grading for this project is defined as the finish grading required for the pu~ of this project. The finish grading shall be done as a construction change tc rough grading plans for Carlsbad Ranch Unit 3, City drawing number DWG 2Y. The plans shall be done at 40 scale or better to provide the necessary detai separate Grading Plan Approval Letter shall be provided and the finish gra shall not be permitted until all items associated with the finish grading plan provided. The finish grading plan shall be a minimum of two phases. Additj phasing may be permitted with the approval of the City Engineer and Plan Director. The first phase of finish grading construction change shall include the outer 1 (perimeter slopes and the parking lot), LEG0 Drive and the service Administration Cluster. This phase shall include the design for the parking lot drainage system. The second phase of the finish grading construction change shall include the il park clusters and expansion areas. The finish grading plan shall show the fi grading for the major building structures that require pad certification in building permit process or as may be required to provide building hc verification by the Planning Department in the building permit process. All o finish grading required for minor structures, out-buildings, pathways landscaping will be shown on the building permit site plan and will not requi grading permit or pad certification. Finish grading as required to revise the exis grading plan to the elevations approved with the site development shall be permi PC RES0 NO. 4083 -1 1- 0 e 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 with the approval of the Planning Director and the City Engineer. All inner drainage not identified on the site development plan is private and will nc planchecked or inspected by the City. Plancheck, permit and inspection fees shall be paid by the developer. The i grading plancheck and permit fees for each phase shall be the difference bet the overall plancheck and permit fees for City drawing number DWG 333-2’1 those previously paid. The improvement plancheck and inspection fees fol parking lot, private drainage system in the outer park, the public utilities anc private portion of LEGO Drive shall be the difference of the overall project fees those previously paid. Appropriate securities shall be required. 39. The developer/property owner shall provide for the design and finish grading drainage system that shall ensure that runoff resulting from 10-year frequency ston 6 hours and 24 hours duration under developed conditions, is equal to or less tha runoff from a storm of the same frequency and duration under existing deve conditions now and forever prior to the issuance of the first building permit. developer/property owner shall analyze the 6 hour and 24 hour storm duratio, determine the detention basin capacities necessary to accomplish the desired results. 40. The developer shall submit proof that a Notice of Intention has been submitted tl State Water Resources Control Board. 41. The developer, upon completion of finish grading, shall ensure that an “as-grz geologic plan is submitted to the City Engineer. The plan shall clearly show a1 geology as exposed by the finish grading operation, all geologic corrective measur actually constructed and must be based on a contour map which represents both th and post site finish grading. This plan shall be signed by both the soils engineer an engineering geologist. The plan shall be prepared on a 24” x 36” mylar or si1 drafting film and shall become a permanent record. 42. No finish grading for private improvements shall occur outside the limits of the prc unless a finish grading or slope easement is obtained from the owners of the affi properties and recorded. If the developer is unable to obtain the finish grading or z easement no finish grading permit will be issued. In that case the developer must e amend the site development plan or modify the plans so finish grading will not c outside the project site in a manner which substantially conforms to the approved development plan as determined by the City Engineer and Planning Director. The tc slope west of LEGO Drive between Planning Area 2, the Research and Develop] lots, and Lot 18 and 19 (LEGO Drive and LEGOLAND Carlsbad) meanders off on property that the project developer/property owner do not have legal tit11 The developer shall negotiate, execute and record with the adjacent prop owner(s) a private drainage and maintenance easement which is required beb the property owners. A recorded copy of the easement is required prior to issuance of the finish grading permit for the finish grading of the outer park. easement wording shall include maintenance and irrigation provisions to 1 PC RES0 NO. 4083 -12- e e 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 satisfaction of the City Engineer. The developer shall show the easement loc; on all associated finish grading, improvement, landscape and building permit pl 43. The developer shall install or agree to install and secure with appropriate securi provided by law desiltatioddetentiodurban pollutant basin(s) of a type and a size a location(s) as approved by the City Engineer. The developer shall enter into a 1 maintenance agreement and submit a maintenance bond satisfactory to the City Eng prior to the approval of finish grading or building permit whichever occurs first fo: project. Each basin shall be serviced by an all-weather access/maintenance road. basin maintenance agreement for the construction of the project will be includl the grading and erosion control agreement. After the construction period permanent facilities will be maintained in a functional manner for the life o project. 44. Additional drainage easements may be required. Drainage structures shall be provid installed prior to or concurrent with any finish grading or building permit as m: required by the City Engineer and be maintained for the life of the project. 45. The owner shall make an offer of dedication to the City for all public street: easements required by these conditions or shown on the site development plan. offer shall be made prior to issuance of any building permit for this project. All so offered shall be granted to the City free and clear of all liens and encumbrance without cost to the City. Streets and easements that are already public are not req to be rededicated. 46. The following dedications are required prior to issuance of any building permit fo project: a. Right-of-way for Hidden Valley Road from Palomar Airport Road to L northern property line as shown on the tentative map for Carlsbad Trac 94-09. b. Easement for public utilities within LEG0 Drive from Lot 18 non property line to utilities intersection with Armada Drive as shown 01 tentative map for CT 94-09. 47. The developer shall apply for and obtain from Carlsbad Municipal Water Dist quitclaim for the existing 20 foot water pipeline easement file number 83959 pr~ the issuance of any building permit that crosses the easement. 48. The developer/property owner shall apply for and obtain release of the stoc agreement prior to the issuance of any building permit within the inner park the exception of the service and administration cluster. ... I I PC RES0 NO. 4083 -13- 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 49. The developer/property owner shall prepare and obtain: a. Approval of a Storm Water Pollution Prevention Plan (SWPPP) addresses the day to day activities of the park and shall comply wit1 City’s requirements of the National Pollutant Discharge Elimination Sy (NPDES) permit. The developer/property owner shall implement SWPl provide best management practices as referenced in the “California S Water Best Management Practices Handbook” to reduce surface pollu to an acceptable level prior to discharge to sensitive areas and the s drain system. The SWPPP and associated improvements shall be prep and submitted for approval by the City Engineer in the following phases: 1. Phase I of the SWPPP shall include the Outer Park and the par lot. Approval of the SWPPP shall be obtained prior to the issuan the finish grading permit for the Outer Park and the parking lot. 2. Phase I1 of the SWPPP shall include the Service and Administr’ cluster. Approval of the amendments to the SWPPP shall be obt: prior to the issuance of the first building permit within the cluster 3. Phase I11 of the SWPPP shall include the remaining clusters il Inner ParMattraction areas. Approval of the amendment sha obtained prior to the issuance of the first building permit i! within the Inner ParMattraction areas. b. The requirements of said SWPPP shall be followed and implemc throughout the life of the project. The SWPPP may be amended to COI with adopted City standards from time to time as necessary followin! approval of the SWPPP. All future amendments shall be approved b! City Engineer. c. The SWPPP shall include, but not be limited to addressing, the following 1. The developer, all owners, operators and tenants shall coordinate e to establish or work with established disposal programs to removt properly dispose of toxic and hazardous waste products. 1 2. Toxic chemicals or hydrocarbon compounds such as gasoline, mot0 antifreeze, solvents, paints, paint thinners, wood preservatives, and 1 such fluids shall not be discharged into any street, public or private, 01 storm drain or storm water conveyance systems. Use and dispos pesticides, fungicides, herbicides, insecticides, fertilizers and other chemical treatments shall meet Federal, State, County and requirements as prescribed in their respective containers. 1 PC RES0 NO. 4083 -14- ll e * 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3. Best Management Practices (BMPs) shall be used to eliminate or re surface pollutants when planning any changes to the landscaping surface improvements. 4. A section specifically addressing the daily wash down operation trash collection system. 5. Collection and use of data to maintain water quality for all the F features, and the treatment of water prior to discharge into the s drain system. A discharge permit from the Regional Water QL Board may be required for the water features that drain intc storm drain system. 6. The use of dry cleanup measures shall be implemented where feas 7. General BMPs to include at a minimum: training, educa housekeeping practices, preventative maintenance, spill preve~ and control. 50. Plans, specifications, and supporting documents for all public improvements sh prepared to the satisfaction of the City Engineer. In accordance with City Standard, developer shall install, or agree to install and secure with appropriate security as pro by law, improvements shown on the site development plan and the follc improvements: a. Public utilities in LEGO Drive south of the roundabout. b. The backbone on-site drainage system shall be designed to public w standards with the exception that the use of PVC pipe will be perm below the parking lot and within the inner park. RCP is required within the NPDEWdesiltation basin located adjacent to Palomar Ail Road. Plancheck and inspection fees will be required and securities sha posted. Improvements listed above shall be constructed within 24 months of approval a secured improvement agreement or such other time as provided in said agreement. 51. If the Developer/Owner of CT 94-09 does not construct the following in accord with City standards and the Conditions of Approval for Carlsbad Ranch CT 9, the work may be done by the Developer, prior to opening date of the park tc public or the opening date may be extended: a. Cannon Road full improvements to major arterial standards from Country Drive to LEGO Drive. b. Traffic signal at Cannon Road and LEGO Drive. PC RES0 NO. 4083 -1 5- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 e e c. LEGO Drive full improvements from Cannon Road through and inclu the roundabout as shown on the tentative map for Carlsbad Tract (CT 09. d. Full median improvements, sidewalks, landscaping and street lighting o north side of Palomar Airport Road from Armada Drive to Hidden V Road. e. Conversion of overhead electric to underground along Palomar Ail Road, from Armada Drive to Hidden Valley Road. f. Palomar Airport Roadmidden Valley Road intersection, including m( reconfiguration and new traffic signal. g. Hidden Valley Road full improvements from Palomar Airport Road tc 18 northern property line as shown on the tentative map for CT 94-09. h. Public utilities in Armada Drive from optional emergency access at Ll Drive to Palomar Airport Road as shown on the tentative map for CT 94 1. All- public water lines deemed necessary by the Water District Engine serve Lot 18 as shown on Exhibits 1-157. 52. The following improvements are required by the Environmental Impact Repor 01 and shall be constructed prior to the opening of LEGOLAND Carlsbad tl public: a. Cannon Roadfl-5 interchange ramp widening and signalization. The has entered into a Cooperative Agreement with CalTrans dated Janua 1997. If CalTrans does not finance and construct the improvemen accordance with the Cooperative Agreement, the work may be done b: developer prior to the opening date of the park to the public or the ope date may be extended. b. The Cannon Road widening from Paseo Del Norte to Car Country Dri major arterial standards. The City has agreed to perform 1 improvements and has scheduled the project in the City Ca Improvement Program. If the City does not finance and construcr improvements in accordance with the Capital Improvement Program work may be done by the developer, prior to the opening date of the pa the public or the opening date may be extended. 53. Except as provided below, the developer shall install street lights along the private frontage (LEGO Drive from the roundabout to the Parking Control Booth conformance with City of Carlsbad Standards. As allowed by the Specific Pla PC RES0 NO. 4083 -16- 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 access prior to the approval of any finish grading plans, improvement p construction changes or building permits for the project. The developer may d access off Hidden Valley Road. The City Engineer may allow access aftel construction of a fully actuated signal at the intersection of Hidden Valley Road Palomar Airport Road including the loop detectors in Hidden Valley Road. 58. The developer/property owner shall provide the traffic index, structural se requirement and turning radius of the proposed trash collection system withil service and administration cluster parking lot. The parking lot shall be design adequately handle all vehicles associated with the trash collection system pri the issuance of the building permit for the Service and Administration cluster. 59. Phasing of the construction of the parking lot and the inner park clusters w permitted with the approval of the Planning Director and the City Engineer. Fire: 60. Prior to issuance of building permit, the Developer shall obtain Fire Department app of an Emergency Response Plan. The plan shall state the manner in which management will respond to emergent events such as fires, medical emerge1 earthquakes, etc. The plan will specifically describe: a. The manner by which the exact location of the emergency will be determined communicated to municipal emergency responders. b. How site emergency staff will interface with City emergency responders. C Method of transportation of municipal emergency responders from the site perimeter to the emergency scene. d. Level of emergency medical service to be provided on site by the applicant. e. The manner in which patrons will be protected, evacuated, relocated or direct1 during such emergencies. 61. Developer shall submit a plan to the Fire Department for approval, which de location of required, proposed and existing water mains and fire hydrants. The plan include off-site fire hydrants within 200 feet of the project. 62. Developer shall provide and maintain during construction an all we: unobstructed access road suitable for emergency service vehicles. When in the opini the Fire Chief, the access road has become unserviceable due to inclement weath other reasons, he may in the interest of public safety, require that construction opera cease until the condition is corrected. 27 28 PC RES0 NO. 4083 -1 8- 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 63. Required water mains, fire hydrants and appurtenances shall be operational tc locations where combustible building materials are located on the construction site. 64. All security gate systems controlling vehicular access shall be equipped with a “K: key-operated emergency entry device. Developer shall contact the Fire Preve Bureau for specifications and approvals prior to installation. 65. Private roads and driveways which serve as required access for emergency se vehicles shall be posted as fire lanes in accordance with the requirements of st 17.04.020 of the Carlsbad Municipal Code. 66. Plans and/or specifications for fire alarm system, fire hydrants, automatic fire spri systems and other fire protection systems shall be submitted to the Fire Departmer approval prior to construction. All buildings shall be sprinklered. Water: 67. The LEGOLAND project shall use reclaimed water for irrigation purposes only in locations shown on the approved reclaimed water use area map (Exhibits 5 and 6) 68. The developer shall design, construct, install and permanently maintain eitl separate looping fireflow pipeline system from the potable water system o integrated system combining the potable water system with the building spri~ system, to the satisfaction of the District Engineer and Fire Marshal. 69. The developer shall design, construct, install and permanently maintain the e private potable water system, reclaimed water system and sewer system of the to Carlsbad Municipal Water District Standards for the required capa pressure, and flow demand. The Developer shall engage a licensed Civil Engine submit supporting calculations and plans for the private potable water reclaimed water system to the District Engineer prior to the approval of the PI water system. The design shall consider a system that facilitates the recycled P shut down test. The developer shall engage the services of an appropri qualified person to certify to the District Engineer that the system has been inst to the required specifications prior to occupancy of Inner Park guest facilities. 70. The developer shall be responsible for all fees, deposits and charges which wi. collected before and/or at the time of issuance of the building permit. The San C County Water Authority capacity charge will be collected at issuance of applicatiol meter installation. ’ 71. This project is approved upon the expressed condition that building permits will nc issued for development of the subject property unless the water district serving development determines that adequate water service and sewer facilities are availat PC RES0 NO. 4083 -1 9- 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I, the time of application for such water service and sewer permits will continue 1 available until time of occupancy. 72. The private sewer system, potable water system and reclaimed water system shall E responsibility of the developer for maintenance and operation as shown on the app~ exhibits for the life of the project. General: 73. If any of the foregoing conditions fail to occur; or if they are, by their terms, 1 implemented and maintained over time, if any of such conditions fail to b implemented and maintained according to their terms; the City shall have the rig revoke or modify all approvals herein granted; deny or further condition issuance ( future building permits; deny, revoke or further condition all certificates of occul issued under the authority of approvals herein granted; institute and prosecute litigati compel their compliance with said conditions or seek damages for their violation. vested rights are gained by Developer or a successor in interest by the City’s appro7 this Site Development Plan. Standard Code Reminders: 74. The Developer shall pay a landscape plan check and inspection fee as required by Se 20.08.050 of the Carlsbad Municipal Code. 75. This approval shall become null and void if a building permit is not issued for this pr within 3 years from the date of project approval as specified in Section 3.1.2 Development Agreement 94-01. 76. Approval of this request shall not excuse compliance with all applicable sections o Zoning Ordinance and all other applicable City ordinances in effect at time of buil permit issuance, except as otherwise specifically provided herein. 77. The project shall comply with the latest non-residential disabled access requiren pursuant to Title 24 of the State Building Code. 78. All roof appurtenances, including air conditioners, shall be architecturally integratec concealed from view and the sound buffered from adjacent properties and street substance as provided in Building Department Policy No. 80-6, to the satisfaction o Directors of Community Development and Planning. 79. All landscape and irrigation plans shall be prepared to conform with the Lands Manual and submitted per the landscape plan check procedures on file in the Plan Department. 80. Any signs proposed for the Outer Park shall, at a minimum, be designel conformance with the City’s Sign Ordinance and the Carlsbad Ranch Specific : PC RES0 NO. 4083 -20- 9 11, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 and shall require review and approval of the Planning Director prior to installatic such signs. Inner Park signage shall not be subject to City review unless such , exceed 20 feet in height. 8 1. The developer shall exercise special care during the construction phase of this projt prevent offsite siltation. Planting and erosion control shall be provided in accorc with the Carlsbad Municipal Code and be approved by the City Engineer. 82. LEGOLAND will have both a potable water distribution system and a recycled 1 distribution system. As a result a “Recycled Water Shut Down Test” is required. test will require shutting down the potable water distribution system. The test period may take a week to complete. PASSED, APPROVED AND ADOPTED at a regular meeting of the plar Commission of the City of Carlsbad, California, held on the 16th day of April 1997 , b following vote, to wit: AYES: Chairperson Nielsen, Commissioners Compas, Heine Monroy, Noble, Savary, Welshons NOES: None ABSENT: None ABSTAIN: None +y+-=-=J ,,// /d.’ ( /K, /3- ROB(33 NIELS-alrperson CARLSBAD PLANNING COMMISSION ,*p=-- . ___” .”_ - ~ ’i C‘, .,.-4,-, ~ . . *.,,k3, ATTEST: Planning Director ~ PC RES0 NO. 4083 -21-