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HomeMy WebLinkAbout2000-04-19; Planning Commission; Resolution 47560 0 ., I /I PLANNING COMMISSION RESOLUTION NO. 4756 2 3 4 5 6 7 8 9 10 11 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF COASTAL DEVELOPMENT PERMIT BTJILDING 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 ARMANDA DRIVE AND WEST OF HIDDEN VALLEY ROAD IN LOCAL FACILITIES MANAGEMENT ZONE 13. CASE NAME: LEGOLAND CALIFORNIA EXPANSION CASE NO.: CDP 96- 16(A) AMENDMENT CDP 96-1 6(A) TO INCREASE THE MAXIMUM AREAS 1 AND3 12 I1 WHEREAS, LEGOLAND California, Inc., “Developer”, has filed a verif 13 14 “Owner”, described as application with the City of Carlsbad regarding property owned by LEGOLAND Estates, A 15 16 17 18 19 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 20 WHEREAS, said verified application constitutes a request for a Coa! 21 Development Permit Amendment as shown on Exhibits 44A” - “T” dated April 19,2000, on 22 in the Planning Department, LEGOLAND CALIFORNIA EXPANSION AREAS 1 AND 23 CDP 96-16(A) as provided by Chapter 21.201.040 of the Carlsbad Municipal Code; and 24 25 26 WHEREAS, the Planning Commission did, on the 19th day of April, 2000, h a duly noticed public hearing as prescribed by law to consider said request; and 27 II WHEREAS, at said public hearing, upon hearing and considering all testimc 28 and arguments, if any, of all persons desiring to be heard, said Commission considered all fac1 relating to the CDP. 0 0 % 1 2 3 4 5 6 7 8 9 10 11 12 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 Commissi RECOMMENDS APPROVAL of LEGOLAND CALIFORN EXPANSION AREAS 1 AND 3, CDP 96-16(A) based on the following findir and subject to the following conditions: Findings: 1. That the proposed development is in conformance with the Certified Local Coa5 Program and all applicable policies in that the project is in compliance with 1 relevant policies of the Mello I1 Segment of the Local Coastal Program, t Carlsbad Ranch Specific Plan which serves as partial implementation for the Me I1 Segment for the project site, and the Coastal Resource Protection Overlay 20 because the agricultural conversion policy has been satisfied, the only area sensitive vegetation on the property has been preserved and is subject to a Coas Deed Restriction, and necessary drainage detention facilities are in place. l3 14 2. The proposal is in conformity with the public access and recreation policies of Chaptel of the Coastal Act in that pedestrian walkway connections to the Carlsbad Ran public accessways are affected by development of the expansion areas. 15 Trail System have been constructed with the initial construction and no existi. 16 17 18 19 20 21 22 23 24 25 26 27 28 3. The project complies with the requirements of the Coastal Resource Protectic Overlay Zone as the site has been previously graded and contains no steep slop with sensitive vegetation. The area at the northeast corner of Palomar Airport Ror and Armada Drive which is subject to a Coastal Deed Restriction has bel preserved and will not be impacted by the proposed site improvements. Majs drainage improvements were completed with the initial park construction includil detention basins so that there is no increase in the peak runoff rate from tl developed site over the greatest discharge expected from the undeveloped site as result of the 10-year frequency storm. Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of grading permit. 1. If any of the following conditions fail to occur; or if they are, by their terms, to 1 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 1 revoke or modify all approvals herein granted; deny or further condition issuance of a future building permits; deny, revoke or further condition all certificates of occupanc issued under the authority of approvals herein granted; institute and prosecute litigation ' compel their compliance with said conditions or seek damages for their violation. h /I PC RES0 NO. 4756 -2- 0 0 * 1 2 3 4 5 6 vested rights are gained by Developer or a successor in interest by the City's approva: this Coastal Development Permit Amendment. 2. Staff is authorized and directed to make, or require the Developer to make, all correctit and modifications to the Coastal Development Permit Amendment documents, necessary to make them internally consistent and in conformity with the final action the project. Development shall occur substantially as shown on the approved Exhib Any proposed development different from this approval, shall require an amendment this approval. 7 8 3. The Developer shall comply with all applicable provisions of federal, state, and lo ordinances in effect at the time of building permit issuance. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 4. If any condition for construction of any public improvements or facilities, or the paym of any fees in-lieu thereof, imposed by this approval or imposed by law on this Proj are challenged, this approval shall be suspended as provided in Government Code Sect 66020. If any such condition is determined to be invalid this approval shall be invl unless the City Council determines that the project without the condition complies m all requirements of law. 5. The DeveloperDperator shall and does hereby agree to indemnify, protect, defend a hold harmless the City of Carlsbad, its Council members, officers, employees, agents, a representatives, fiom and against any and all liabilities, losses, damages, demands, clail and costs, including court costs and attorney's fees incurred by the City arising, direc or indirectly, from (a) City's approval and issuance of this Coastal Development Peru Amendment, (b) City's approval or issuance of any permit or action, whet1 discretionary or non-discretionary, in connection with the use contemplated herein, a (c) Developer/Operator's installation and operation of the facility permitted herel: including without limitation, any and all liabilities arising from the emission by t facility of electromagnetic fields or other energy waves or emissions. ~ 6. The Developer shall submit to the Planning Director a reproducible 24" x 36", my1 copy of the amended Site Plan reflecting the conditions approved by the final decisic making body. 7. Prior to the issuance of a building permit, the Developer shall provide proof to t Director from the School District that this project has satisfied its obligation to provi school facilities. 24 8. This project shall comply with all conditions and mitigation measures which are requir as part of the Zone 13 Local Facilities Management Plan and any amendments made 25 that Plan prior to the issuance of building permits, including, but not limited to tl 26 ll following: 27 28 A. A growth management park fee of 40 cents per square foot of non-residenti development will be collected at the time of building permit issuance. Th fee will be used to construct recreational facilities to offset the demar created by employees within Zone 13. 11 PC RES0 NO. 4756 -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 9. Building permits will not be issued for this project unless the local agency provid water and sewer services to the project provides written certification to the City 1 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 I facilities will continue to be available until the time of occupancy. 10. This approval is granted subject to the approval of SDP 96-14(A) and is subject to conditions contained in the Planning Commission Resolution for those other approv; 11. Building permits for at least one of the buildings or attractions shown on this coas development permit amendment must be issued within 24 months of the date which this Coastal Development Permit receives City Council approval or t approval shall expire. Building permits for any remaining buildings or attractic shown on this Coastal Development Permit Amendment must be issued withi] years of the date on which the Coastal Development Permit Amendment receiv City Council approval or the Coastal Development Permit Amendment will exp as it pertains to any buildings or attractions not constructed. 12. Prior to the issuance of building permits, the applicant shall apply for and obtair grading permit issued by the City Engineer. 13. 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 1 st to October 1st of each yeas. Grading activities may be extended to November 11: upon written approval of the City Engineer and only if all erosion control measures are place by October 1st. 14. The Developer shall implement, or cause the implementation of, the LEGOLAP California Expansion Areas 1 and 3 Project Mitigation Monitoring and Reporti Program. 15. Approval of CDP 96-16(A) supplements the approval of CDP 96-16. All conditio of approval found in Planning Commission Resolution No. 4084 dated April 1 1997 remain in full force and effect except as modified herein. NOTICE Please take NOTICE that approval of your project includes the “imposition” of fet 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 Sectic 66020(a), and file the protest and any other required information with the City Manager f; processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to time follow that procedure will bar any subsequent legal action to attack, review, set aside, void, I annul their imposition. PC RES0 NO. 4756 -4- a 0 P 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 You are hereby FURTHER NOTIFIED that your right to protest the specified feedexactj DOES NOT APPLY to water and sewer connection fees and capacity charges, nor plann zoning, grading or other similar application processing or service fees in connection with project; NOR DOES IT APPLY to any fees/exactions of which you have previously been gi. a NOTICE similar to this, or as to which the statute of limitations has previously otherv expired. 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: WILLIAM COMPAS, Chaiberson CARLSBAD PLANNING COMMISSION ATTEST: I Planning Director ~ )I PC RES0 NO. 4756 -5-