HomeMy WebLinkAbout2000-04-19; Planning Commission; Resolution 47550 0
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PLANNING COMMISSION RESOLUTION NO. 4755
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CARLSBAD, CALIFORNIA,
RECOMMENDING APPROVAL OF A SITE
INCREASE THE MAXI?” BUILDING HEIGHT,
PERMIT DEVELOPMENT OF EXPANSION AREAS 1 AND
3, AND PERMIT THE CONSTRUCTION OF THE
BATFLYER RIDE IN THE CASTLE HILL CLUSTER OF
LEGOLAND CALIFORNIA ON PROPERTY GENERALLY
LOCATED ON THE NORTH SIDE OF PALOMAR
AIRPORT ROAD EAST OF ARMADA DRIVE AND WEST
OF HIDDEN VALLEY ROAD WITHIN PLANNING AREA
4 OF THE CARLSBAD RANCH SPECIFIC PLAN IN THE
COASTAL ZONE AND IN LOCAL FACILITIES
MANAGEMENT ZONE 13.
CASE NAME: LEGOLAND CALIFORNIA EXPANSION
CASE NO.: SDP 96- 14(A)
DEVELOPMENT PLAN AMENDMENT SDP 96-14(A) TO
AREAS 1 AND 3
WHEREAS, LEGOLAND California, Inc., “Developer”, has filed a verifi
application with the City of Carlsbad regarding property owned by LEGOLAND Estates, AI
“Owner”, described as
Lots 18 and 19 of City of Carlsbad Tract No. 94-09, Carlsbad
Ranch Units 2 and 3, in the City of Carlsbad, County of San
Diego, State of California, according to map thereof No.
13408, recorded in the Office of the County Recorder of San
Diego County on April 1,1997
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Site Developme
Plan Amendment as shown on Exhibits “A” - “T” dated April 19,2000, on file in the Plannil
Department, LEGOLAND CALIFORNIA EXPANSION AREAS 1 AND 3, SDP 96-14(A)
provided by Chapter 21.06/Section 21.06.030 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 19th day of April, 2000, hc
a duly noticed public hearing as prescribed by law to consider said request; and
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WHEREAS, at said public hearing, upon hearing and considering all testimc
and arguments, if any, of all persons desiring to be heard, said Commission considered all fact1
relating to the Site Development Plan Amendment.
WHEREAS, on May 20, 1997, the City Council approved, SDP 96-14,
described and conditioned in City Council Resolution No. 97-670 .
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plann
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 Plannir
Commission RECOMMENDS APPROVAL of LEGOLAND CALIFORNI
EXPANSION AREAS 1 AND 3, SDP 96-14(A) based on the followir
findings and subject to the following conditions:
Findinps:
1. That the requested use is properly related to the site, surroundings and environmen
settings, is consistent with the various elements and objectives of the General Plan, P
not be detrimental to existing uses or to uses specifically permitted in the area in wh
the proposed use is to be located, and will not adversely impact the site, surroundings
traffic circulation, in that the project design complies with the requirements of 1
Carlsbad Ranch Specific Plan. Development of the proposed expansion areas P
not encroach into required building and landscape setbacks established for 1
perimeter of the site. The required landscaped setbacks provide an appropri:
buffer between the LEGOLAND Park and existing as well as future development.
2. That the site for the intended use is adequate in size and shape to accommodate the use,
that all applicable code requirements have been met. Total building coverage on t
site is only 3.4 percent and total landscape coverage is 49 percent of the total s
area. All required parking has been constructed and the infrastructure needs oft
expansion areas were planned for with the initial park construction.
3. That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjl
the requested use to existing or permitted future uses in the neighborhood will
provided and maintained, in that screen walls, berming and landscaping have be
constructed to screen service areas for the park. The project design incluc
additional berming and landscaping in the areas of proposed development adjacr
to the service road to screen views from within the visitor areas of the Inner Park
necessary park facilities and infrastructure not intended to be viewed by gues
Adequate vehicle circulation has been provided to accommodate vehicle, truc
recreational vehicle and bus turning movements on-site with the construction
existing improvements. A service road was constructed around the perimeter off
Inner Park for operational needs and emergency vehicle access. Several accc
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points were provided to the service road for emergency vehicles. Pedestri
connections were also constructed to the overall pedestrian circulation system of 1
Carlsbad Ranch.
4. That the street systems serving the proposed use is adequate to properly handle all tral
generated by the proposed use, in that with the addition of a mitigation meast
requiring payment of the project’s fair share for the “short-term improvements”
the El Camino ReaVPalomar Airport Road intersection prior to the issuance o
building permit all new traffic impacts are mitigated. The proposed expansi
areas were included in the original circulation analysis prepared for Program E
94-01 for the Carlsbad Ranch Specific Plan. The circulation analysis considered 1
buildout of the park and the corresponding attendance levels with park buildout.
5. The Planning Commission finds that the project, as conditioned herein, is
conformance with the Elements of the City’s General Plan and the Carlsbad Ran
Specific Plan based on the facts set forth in the staff report dated April 19,2000.
6. The project is consistent with the City-Wide Facilities and Improvements Plan, the Lo
Facilities Management Plan for Zone 13 and all City public facility policies s
ordinances. The project includes elements or has been conditioned to construct
provide funding to ensure that all facilities and improvements regarding: sewer collectj
and treatment; water; drainage; circulation; fire; schools; parks and other recreatio:
facilities; libraries; government administrative facilities; and open space, related to
project will be installed to serve new development prior to or concurrent with ne’
Specifically,
A. The project has been conditioned to provide proof from the Carlsbad Unifi
School District that the project has satisfied its obligation for school facilities.
B. The Public Facility fee is required to be paid by Council Policy No. 17 and will
collected prior to the issuance of building permit.
7. A growth management park fee of 40 cents per square foot of non-resident
development will be collected at the time of building permit issuance. This fee P
be used to construct recreational facilities to offset the demand created by employc
within Zone 13.
8. The project is consistent with the Comprehensive Land Use Plan (CLUP) for
McClellan-Palomar Airport, dated April 1994, in that a Notice Concerning Aircr
Environmental Impacts was previously required as a condition of approval and P
recorded on August 14, 1997. The project is compatible with the projected noise lev
of the CLUP; and, based on the noise/land use compatibility matrix of the CLUP,
proposed land use is compatible with the airport, in that areas of the site are within I
60 and 65 CNEL noise contours and is a compatible land use at these noise levels
determined by staff of the San Diego Association of Governments in their review
the project for consistency with the CLUP.
9. That the project is consistent with the City’s Landscape Manual (Carlsbad Munici.
Code Section 14.28.020 and Landscape Manual Section I B). 11 PC RES0 NO. 4755 -3-
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10. The project complies with the development standards and design guidelines of
Carlsbad Ranch Specific Plan (SP 207(A)) and the Development Agreement (DA
01).
11. The following findings are made to permit the building height on the project sitc
exceed a height of 35 feet as provided for in the Carlsbad Ranch Specific Plan:
A. Buildings do not contain more than three levels as shown on the pro.
exhibits.
B. All required setbacks have been increased at a ratio of one horizontal foot
every one foot of vertical construction beyond thirty-five feet. The additio
setback area will be maintained as landscaped open space, except where
existing service/emergency vehicle access road encroaches into the increar
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C. The buildings and attractions conform to the requirements of Sect
18.04.170 of the Carlsbad Municipal Code.
D. The allowed height protrusions as described in Section 21.46.020 of
Carlsbad Municipal Code do not exceed 45 feet with the exception
architectural features and exhibits which are permitted to and do not excl
a maximum height of 55 feet.
12. The Planning Commission has reviewed each of the exactions imposed on the Develo]
contained in this resolution, and hereby finds, in this case, that the exactions are impo:
to mitigate impacts caused by or reasonably related to the project, and the extent and .
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 o
grading permit.
1. If any of the following conditions fail to occur; or if they are, by their terms, to
implemented and maintained over time, if any of such conditions fail to be
implemented and maintained according to their terms, the City shall have the right
revoke or modi@ all approvals herein granted; deny or fixther condition issuance of
future building permits; deny, revoke or further condition all certificates of OCCUP~I~
issued under the authority of approvals herein granted; institute and prosecute litigation
compel their compliance with said conditions or seek damages for their violation. 1
vested rights are gained by Developer or a successor in interest by the City’s approval
this Site Development Plan Amendment.
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2. Staff is authorized and directed to make, or require the Developer to make, all correctic
and modifications to the Site Development Plan Amendment documents, as necess:
to make them internally consistent and in conformity with the final action on the proje
28 Development shall occw substantially as shown on the approved Exhibits. Any propos
development different from this approval, shall require an amendment to this approval.
PC RES0 NO. 4755 -4-
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3. The Developer shall comply with all applicable provisions of federal, state, and 1c
ordinances in effect at the time of building permit issuance.
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4. If any condition for construction of any public improvements or facilities, or the payrr
of any fees in-lieu thereof, imposed by this approval or imposed by law on this Pro.
are challenged, this approval shall be suspended as provided in Government Code Seci
66020. If any such condition is determined to be invalid this approval shall be inv,
unless the City Council determines that the project without the condition complies F
all requirements of law.
5. 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, cla
and costs, including court costs and attorney’s fees incurred by the City arising, dire
or indirectly, from (a) City’s approval and issuance of this Site Development P
Amendment, (b) City’s approval or issuance of any permit or action, whe
discretionary or non-discretionary, in connection with the use contemplated herein,
(c) Developer/Operator’s installation and operation of the facility permitted her<
including without limitation, any and all liabilities arising from the emission by
facility of electromagnetic fields or other energy waves or emissions.
6. The Developer shall submit to the Planning Director a reproducible 24” x 36”, q
copy of the amended Site Plan reflecting the conditions approved by the final decis
making body.
7. Prior to the issuance of a building permit, the Developer shall provide proof to
Director from the School District that this project has satisfied its obligation to proT
school facilities.
18 8. This project shall comply with all conditions and mitigation measures which are requ:
that Plan prior to the issuance of building permits, including, but not limited to 19 as part of the Zone 13 Local Facilities Management Plan and any amendments mad1
20 II following:
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A. A growth management park fee of 40 cents per square foot of non-residen
development will be collected at the time of building permit issuance. 1
fee will be used to construct recreational facilities to offset the dem
created by employees within Zone 13.
9. Building permits will not be issued for this project unless the local agency provic
water and sewer services to the project provides written certification to the City
adequate water service and sewer facilities, respectively, are available to the project at
time of the application for the building permit, and that water and sewer capacity
facilities will continue to be available until the time of occupancy.
10. This approval is granted subject to the approval of CDP 96-16(A) and is subject tc
conditions contained in the Planning Commission Resolution 4756 for those o
approvals.
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11. The Developer shall implement, or cause the implementation of, the LEGOLA:
California Expansion Areas 1 and 3 Project Mitigation Monitoring and Report
Program.
12.
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The Developer is aware that the City is preparing a non-residential housing impact
(linkage fee) consistent with Program 4.1 of the Housing Element. The applican
further aware that the City may determine that certain non-residential projects may hi
to pay a linkage fee, in order to be found consistent with the Housing Element of
General Plan. If a linkage fee is established by City Council ordinance and/or resolut
and this project becomes subject to a linkage fee pursuant to said ordinance and
resolution, then the Developer, or hiskerltheir successor(s) in interest shall pay
linkage fee. The linkage fee shall be paid at the time of issuance of building perm
except for projects involving a request for a non-residential planned development for
existing development, in which case, the fee shall be paid on approval of the final m
parcel map or certificate of compliance, required to process the non-residential PI
whichever pertains. If linkage fees are required for this project, and they are not paid, 1
project will not be consistent with the General Plan and approval for this project I
become null and void.
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13. The Developer shall submit and obtain Planning Director approval of a Final Landscl
and Irrigation Plan showing conformance with the approved Preliminary Landscape P
and the City's Landscape Manual. The Final Landscape and Irrigation Plan sh
show all landscaping and irrigation for the increased setbacks areas depicted on 1
Site Development Plan Amendment exhibits required to allow the greater buildi
height. The Developer shall construct and install all landscaping as shown on '
approved Final Plans, and maintain all landscaping in a healthy and thriving conditil
free from weeds, trash, and debris.
14. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to '
landscape plan check process on file in the Planning Department and accompanied by t
project's building, improvement, and grading plans.
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22 16. The Developer shall construct trash receptacle and recycling areas enclosed by a six-fi
high masonry wall with gates pursuant to City Engineering Standards and Carlsk 23 Municipal Code Chapter 21.105. Location of said receptacles shall be approved by 1
24 Planning Director. Enclosure shall be of similar colors and/or materials to the project
the satisfaction of the Planning Director.
25 17. No outdoor storage of materials shall occur onsite unless required by the Fire Chi1
26 When so required, the Developer shall submit and obtain approval of the Fire Chief a
27 the Planning Director of an Outdoor Storage Plan, and thereafter comply with t
approved plan.
28 18. Building permits for at least one of the buildings or attractions shown on this s
development plan amendment must be issued within 24 months of the date on whi
15. Required modifications to the parking lot and landscape areas shown on the projc
plans shall be constructed prior to the granting of a Certificate of Occupan
permit for any improvements shown on the Site Development Plan Amendment.
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this Site Development Plan Amendment receives City Council approval or t
approval shall expire. Building permits for any remaining buildings or attractic
shown on the Site Development Plan Amendment must be issued within 5 years
the date on which the Site Development Plan Amendment received City Cour
approval or the Site Development Plan Amendment will expire as it pertains to a
buildings or attractions not constructed.
19. Approval of SDP 96-14(A) supplements the approval of SDP 96-14. All conditic
of approval found in Planning Commission Resolution No. 4083 dated April
1997 remain in full force and effect except as modified herein.
EnPineering:
20. Prior to hauling dirt or construction materials to or from any proposed construction z
within this project, Developer shall apply for and obtain approval from the City Engin
for the proposed haul route.
21. Develop shall cause property owner to execute and submit to the City Engineer
recordation, the City’s standard form Geologic Failure Hold Harmless Agreement.
22. Prior to the issuance of a grading permit or building permit, whichever occurs fi
Developer shall submit to the City Engineer proof that a Notice of Intention for the SI
of work has been submitted to the State Water Resources Control Board.
23. Upon completion of grading, Developer shall file an “ as-graded” geologic plan with 1
City Engineer. The plan shall clearly show all the geology as exposed by the gradi
operation, all geologic corrective measures as actually constructed and must be based
a contour map which represents both the pre and post site grading. The plan shall
signed by both the soils engineer and the engineering geologist, and shall be submitted
a 24” x 36” mylar or similar drafting film format suitable for a permanent record.
24. Based upon a review of the proposed grading and the grading quantities shown on the s
plan, a grading permit for this project is required. Developer shall apply for and obtail
grading permit from the City Engineer prior to issuance of a building permit for 1
project .
25. If a Grading Permit is required, all grading activities shall be planned in units that can
completed by October 1st. Grading activities shall be limited to the “dry season”, AI
1st to October 1st of each year. Grading activities may be extended to November 1:
upon written approval of the City Engineer, obtained in advance, and only if all erosi
control measures are in place by October 1 st.
26. Developer shall provide the design of all drainage systems to the satisfaction of the C
Engineer. All drainage systems shall be inspected by the City. Developer shall p
standard improvement plancheck and inspection fees.
27. Developer shall comply with the City’s requirements of the National Pollutant Dischar
Elimination System (NPDES) permit. Developer shall provide improveme]
constructed pursuant to best management practices as referenced in the “California Sto;
Water Best Management Practices Handbook” to reduce surface pollutants to 11 PC RES0 NO. 4755 -7-
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acceptable level prior to discharge to sensitive areas. Plans for such improvements SI
be submitted to and subject to the approval of the City Engineer. Said plans shall incl
but not be limited to notifylng prospective owners and tenants of the following:
A. All owners and tenants shall coordinate efforts to establish or work v
established disposal programs to remove and properly dispose of toxic :
hazardous waste products.
B. Toxic chemicals or hydrogen compounds such as gasoline, motor oil, antifret
solvents, paints, paint thinners, wood preservatives, and other such fluids shall
be discharged into any street, public or private, or into storm drain or storm w:
conveyance systems. Use and disposal of pesticides, fungicides, herbicic
insecticides, fertilizers and other such chemical treatments shall meet Fede
State, County and City requirements as prescribed in their respective container:
C. Best Management Practices shall be used to eliminate or reduce surface polluta
when planning any changes to the landscaping and surface improvements,
Fire:
28. All buildings and enclosed accessory structures shall be protected throughout
automatic fire sprinklers, including, but not limited to restaurants, retail stores, tr;
enclosures, and attached shade structures having solid roof systems.
29. Buildings shall be identified on their exteriors in accordance with requirements of Pk
number 1.
Water:
30. The Developer shall show all existing fire hydrants and all proposed fire hydrants and 1
water lines that supply water to them. If the developer has not already done so, they sh
coordinate with the Fire Marshal to determine location of hydrants and sprinkler systerr
3 1. Any landscaping shall be designed to be irrigated with reclaimed water in accordar
with CMWD requirements.
Standard Code Reminders:
The project is subject to all applicable provisions of local ordinances, including but not limited
the following:
32. Approval of this request shall not excuse compliance with all applicable sections oft
Zoning Ordinance and all other applicable City ordinances in effect at time of buildi
permit issuance, except as otherwise specifically provided herein.
33. The Developer shall pay a landscape plan check and inspection fee as required by Sectic
20.08.050 of the Carlsbad Municipal Code.
34. The project shall comply with the latest non-residential disabled access requiremer
pursuant to Title 24 of the State Building Code. 1) PC RES0 NO. 4755 -8-
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35. All roof appurtenances, including air conditioners, shall be architecturally integrated ,
concealed from view and the sound buffered from adjacent properties and streets:
substance as provided in Building Department Policy No. 80-6, to the satisfaction of
Directors of Community Development and Planning.
36. Any signs proposed for the Outer Park shall, at a minimum, be designed in confonna
with the City’s Sign Ordinance and the Carlsbad Ranch Specific Plan and shall reqL
review and approval of the Planning Director prior to installation of such signs. In]
Park signage shall not be subject to City review unless such signs exceed 20 feet
height.
37. Developer shall exercise special care during the construction phase of this project
prevent offsite siltation. Planting and erosion control shall be provided in accorda~
with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfact
of the City Engineer.
NOTICE
Please take NOTICE that approval of your project includes the “imposition” of fe
dedications, reservations, or other exactions hereafter collectively referred to for convenience
“fees/exactions.”
You have 90 days from date of final approval to protest imposition of these feedexactions.
you protest them, you must follow the protest procedure set forth in Government Code Secti
66020(a), and file the protest and any other required information with the City Manager
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timc
follow that procedure will bar any subsequent legal action to attack, review, set aside, void,
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified feedexactio
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor plannir
zoning, grading or other similar application processing or service fees in connection with tl
project; NOR DOES IT APPLY to any fees/exactions of which you have previously been giv
a NOTICE similar to this, or as to which the statute of limitations has previously othenv:
expired.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the plam
Commission of the City of Carlsbad, California, held on the 19th day of April, 2000, by
following vote, to wit:
AYES: Chairperson Compas, Commissioners Baker, Heineman,
L’Heureux, and Nielsen
NOES:
ABSENT: Commissioners Segall and Trigas
ABSTAIN:
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CARLSBAD PLANNING COMMISSION
ATTEST:
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- MICHAEL J. HOLZMILGR
Planning Director
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