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HomeMy WebLinkAbout1997-04-16; Planning Commission; Resolution 4084.?. L L 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 PLANNING COMMISSION RESOLUTION NO. 4084 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF COASTAL DEVELOPMENT PERMIT NO. CDP 96-16 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 IN LOCAL FACILITIES MANAGEMENT ZONE 13. CASE NAME: LEGOLAND Carlsbad CASE NO.: CDP 96-16 WHEREAS, LEGOLAND Carlsbad, Inc., “Developer”, has filed a ve application with the City of Carlsbad regarding property owned by LEGOLAND Carl 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 Cc Development Permit as shown on Exhibits “1”-“157” dated April 16, 1997, on file i Planning Department, CDP 96-16 as provided by Chapter 21.201.040 of the Carlsbad Mu Code; and WHEREAS, the Planning Commission did, on the 16th day of April 1997,l ~ duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testi~ and arguments, if any, of all persons desiring to be heard, said Commission considered all f: relating to CDP 96-16. ... 4 c 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 a e 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 Commi RECOMMENDS APPROVAL of Coastal Development Permit CDP 9 based on the following findings and subject to the following conditions: Findings: 1. That the proposed development is in conformance with the Certified Local Cc Program and all applicable policies in that the project is in compliance wit1 relevant policies of the Mello I1 Segment of the Local Coastal Program, Carlsbad Ranch Specific Plan which serves as partial implementation for the TI I1 Segment for the project site, and the Coastal Resource Protection Overlay Zo 2. The proposal is in conformity with the public access and recreation policies of Char of the Coastal Act in that pedestrian walkway connections to the Carlsbad R Trail System have been provided and no existing public accessways affecl project site. 3. The project complies with the requirements of the Coastal Resource Prote Overlay Zone as the project site has been approved for grading pursuant tc Master Tentative Map (CT 94-09) for Carlsbad Ranch. The conversio agricultural land to the proposed use has been previously approved througk City of Carlsbad and California Coastal Commission approval of the Carl Ranch Specific Plan and related permit. The project has been conditioned to pq agricultural conversion mitigation fee prior to the issuance of a building pel The area at the northeast corner of Palomar Airport Road and Armada I subject to a Coastal Deed Restriction is being preserved and a 50 foot b. provided around its perimeter. Drainage improvements will be constrt including detention basins so that there is no increase in the peak runoff rate 1 the developed site over the greatest discharge expected from the exi! undeveloped site as a result of a 10-year frequency storm. Drainage facilitic remove pollutants from site runoff are also provided. The time limitation; grading in the Coastal Zone have been applied as a condition of this permit. Conditions: 1. The Planning Commission does hereby RECOMMEND APPROVAL of the Cc Development Permit for the project entitled CDP 96-16 (Exhibits “1”-“157” dated A to the conditions herein set forth). Staff is authorized and directed to make, or re( Developer to make, all corrections and modifications to the Coastal Developr Permit document(s), as necessary, to make them internally consistent and in confor with final action on the project. Development shall occur substantially as shown ir 1 16, 1997, on file in the Planning Department and incorporated by this reference, sul PC RES0 NO. 4084 -2- .J n 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 a 0 approved Exhibits. Any proposed development substantially different from this app shall require an amendment to this approval. 2. Approval of CDP 96-16 is granted subject to the approval of SDP 96-14. CDP 96 subject to all conditions contained in the Planning Commission Resolution for SD 14. 3. All grading activity shall be prohibited between October 1st and April 1st 0: year, or as otherwise allowed by the Mello I1 Local Coastal Plan. 4. 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 b Mello I1 Segment of the Local Coastal Program. 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 I ABSENT: None , ABSTAIN: None 22 23 24 25 26 27 28 ATTEST: z k\&M4 .! ,c JJ& j ” MICHAEL J. HOLZMILLER Planning Director PC RES0 NO. 4084 -3 -