HomeMy WebLinkAbout2003-01-15; Planning Commission; Resolution 53411
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PLANNING COMMISSION RESOLUTION NO. 5341
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIAy APPROVING
OF EXCESS PARKING SPACES LOCATED AT THE
LEGOLAND PARKING LOT, FOR THE STORAGE OF
VEHICLES AS NEEDED BY CAR DEALERSHIPS OF CAR
COUNTRY CARLSBAD, LOCATED AT 1 LEGOLAND DRIVE
IN LOCAL FACILITIES MANAGEMENT ZONE 13.
CASE NAME: LEGOLAND VEHICLE STORAGE
CASE NO.: CUP 02-20
WHEREAS, LEGOLAND Estates AG “Developer/Owner,” has filed a verified
CONDITIONAL USE PERMIT CUP 02-20 TO ALLOW THE USE
application with the City of Carlsbad regarding property described as
Lot 18 and 19 of Carlsbad Tract No. 94-09 of Carlsbad Ranch
Units 2 & 3
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Conditional Use
Permit as shown on Exhibits “A” dated January 15, 2003, on file in the Carlsbad Planning
Department, LEGOLAND VEHICLE STORAGE - CUP 02-20, as provided by Chapter 21.42
and 21.50 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 15th day of January, 2003,
hold a duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
relating to the CUP.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
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 Commission
APPROVES LEGOLAND VEHICLE STORAGE - CUP 02-20, based on the
following findings and subject to the following conditions:
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FindinPs:
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That the requested use is necessary or desirable for the development of the community, is
essentially in harmony with the various elements and objectives of the General Plan, and
is not detrimental to existing uses specifically permitted in the zone in which the
proposed use is located, in that the proposed use benefits the community by providing
parking spaces to solve a critical shortage of vehicle storage area as faced by the car
dealerships, without impacting the operation of LEGOLAND and the surrounding
community.
That the site for the intended use is adequate in size and shape to accommodate the use, in
that the parking lot is existing and the proposed project does not include any new
improvements or physical changes on-site. There will be no impact on operations of
LEGOLAND due to shared use of excess parking capacity.
That all the yards, setbacks, walls, fences, landscaping, and other features necessary to
adjust the requested use to existing or permitted fbture uses in the neighborhood will be
provided and maintained, in that no adjustments are necessary to allow the proposal to
be located on the subject site. The proposed use is comprised of the use of an
existing parking lot and there will be no physical changes at the site
That the street system serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that the delivery of vehicles will take place from
Cannon Road through Legoland Drive at times when the private drive is not in use
by LEGOLAND visitors. Individual draws of vehicles during LEGOLAND
operating hours will take place through the entrance on Hidden Valley Road.
The Planning Commission finds that the project, as conditioned herein, is in
conformance with the City’s General Plan, based on the facts set forth in the staff report
dated January 15, 2003 and recognizing that use of an existing parking facility for
the storage of vehicles by Car Country Carlsbad Dealership Association is
consistent with the General Plan designation of the subject site.
That the Planning Director has determined that the project belongs to a class of projects
that the State Secretary for Resources has found do not have a significant impact on the
environment, and it is therefore categorically exempt from the requirement for the
preparation of environmental documents pursuant to Section 15301 - operation or
minor alteration of existing facilities of the state CEQA Guidelines. In making this
determination, the Planning Director has found that the exceptions listed in Section
15300.2 of the state CEQA Guidelines do not apply to this project.
The Planning Commission has reviewed each of the exactions imposed on the Developer
contained in this resolution, and hereby finds, in this case, that the exactions are imposed
to mitigate impacts caused by or reasonably related to the project, and the extent and the
degree of the exaction is in rough proportionality to the impact caused by the project.
PC RES0 NO. 5341 -2-
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Conditions:
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Unless otherwise specified herein, all conditions shall be satisfied prior to commencing
the storage of vehicles in the parking lot.
If any of the following conditions fail to occur; or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so
implemented and maintained according to their terms, the City shall have the right to
revoke or modify all approvals herein granted; deny or further condition issuance of all
future building permits; deny, revoke or further condition all certificates of occupancy
issued under the authority of approvals herein granted; institute and prosecute litigation to
compel their compliance with said conditions or seek damages for their violation. No
vested rights are gained by Developer or a successor in interest by the City’s approval of
this Conditional Use Permit.
Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Conditional Use Permit documents, as necessary to make them
internally consistent and in conformity with the final action on the project. Development
shall occur substantially as shown on the approved Exhibits. Any proposed development
different from this approval, shall require an amendment to this approval.
The Developer shall comply with all applicable provisions of federal, state, and local laws
and regulations in effect at the time of building permit issuance.
If any condition for construction of any public improvements or facilities, or the payment
of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are
challenged, this approval shall be suspended as provided in Government Code Section
66020. If any such condition is determined to be invalid this approval shall be invalid
unless the City Council determines that the project without the condition complies with
all requirements of law.
The Developer/Operator shall and does hereby agree to indemnify, protect, defend and
hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims
and costs, including court costs and attorney’s fees incurred by the City arising, directly
or indirectly, from (a) City’s approval and issuance of this Conditional Use Permit, (b)
City’s approval or issuance of any permit or action, whether discretionary or non-
discretionary, in connection with the use contemplated herein, and (c)
Developer/Operator’s installation and operation of the facility permitted hereby, including
without limitation, any and all liabilities arising from the emission by the facility of
electromagnetic fields or other energy waves or emissions. This obligation survives until
all legal proceedings have been concluded and continues even if the City’s approval is not
validated.
The Developer shall submit to the Planning Department a reproducible 24” x 36”,
mylar copy of the Site Plan reflecting the conditions approved by the final decision
making body.
PC RES0 NO. 5341 -3-
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This project shall comply with all conditions and mitigation measures which are required
as part of the Zone 13 Local Facilities Management Plan and any amendments made to
that Plan prior to the issuance of building permits.
This approval is granted subject to the approval of CDP 02-38 and is subject to all
conditions contained in Resolution No. 5342 for that other approval.
This approval shall become null and void if the proposed use of vehicle storage at the
designated parking area has not begun within 24 months from the date of project
approval.
This Conditional Use Permit shall be reviewed by the Planning Director on a yearly basis
to determine if all conditions of this permit have been met and that the use does not have
a substantial negative effect on surrounding properties, operation of the LEGOLAND
theme park or the public health and welfare. If the Planning Director determines that the
use has such substantial negative effects, the Planning Director shall recommend that the
Planning Commission, after providing the permittee the opportunity to be heard, add
additional conditions to reduce or eliminate the substantial negative effects.
This Conditional Use Permit is granted for a period of five (5) years from January 15,
2003 through January 14,2008. This permit may be revoked at any time after a public
hearing, if it is found that the use has a substantial detrimental effect on surrounding land
uses, the LEGOLAND park operations and the public’s health and welfare, or the
conditions imposed herein have not been met. This permit may be extended for a
reasonable period of time not to exceed five (5) years upon written application of the
permittee made no less than 90 days prior to the expiration date. The Planning
Commission may not grant such extension, unless it finds that there are no substantial
negative effects on surrounding land uses or the public’s health and welfare. If a
substantial negative effect on surrounding land uses or the public’s health and welfare is
found, the extension shall be denied or granted with conditions which will eliminate or
substantially reduce such effects. There is no limit to the number of extensions the
Planning Commission may grant.
Prior to commencing the storage of vehicles at the subject site, Developer shall submit
to the City a Notice of Restriction to be filed in the office of the County Recorder, subject
to the satisfaction of the Planning Director, notifying all interested parties and successors
in interest that the City of Carlsbad has issued a Conditional Use Permit, and Coastal
Development Permit by Resolutions No. 5341 and 5342 on the real property owned by
the Developer. Said Notice of Restriction shall note the property description, location of
the file containing complete project details and all conditions of approval as well as any
conditions or restrictions specified for inclusion in the Notice of Restriction. The
Planning Director has the authority to execute and record an amendment to the notice
which modifies or terminates said notice upon a showing of good cause by the Developer
or successor in interest.
Vehicle delivery trucks are restricted to hours of operation when the LEGOLAND
theme park is not in operation. The trucks shall access the subject site only from
Legoland Drive.
PC RES0 NO. 5341 -4-
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14. The storage of vehicles shall terminate if LEGOLAND develops the Inner Park
expansion area and additional parking is needed for LEGOLAND visitors.
Code Reminders:
15. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy
#17, the License Tax on new construction imposed by Carlsbad Municipal Code Section
5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by
Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable
Local Facilities Management Plan fee for Zone 13 pursuant to Chapter 21.90. All such
taxedfees shall be paid at issuance of building permit. If the taxedfees are not paid, this
approval will not be consistent with the General Plan and shall become void.
16. Approval of this request shall not excuse compliance with all applicable sections of the
Zoning Ordinance and all other applicable City ordinances, except as otherwise
specifically provided herein.
NOTICE
Please take NOTICE that approval of your project includes the “imposition” of fees, dedications,
reservations, or other exactions hereafter collectively referred to for convenience as
“fees/exactions.”
You have 90 days from date of final approval to protest imposition of these fees/exactions. If
you protest them, you must follow the protest procedure set forth in Government Code Section
66020(a), and file the protest and any other required information with the City Manager for
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely
follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified feedexactions
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning,
zoning, grading or other similar application processing or service fees in connection with this
project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a
NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired. .. .
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PC RES0 NO. 5341 -5-
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Commission
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
of the City of Carlsbad, California, held on the 15th day of January, 2003 by the
following vote, to wit:
AYES: Chairperson Baker, Commissioners Heineman, Segall, White, and
Whitton
NOES: None
ABSENT: Commissioner Dominguez
ABSTAIN: None
R, Chairperson
PLANNING COMMISSION
ATTEST:
Planning Director
PC RES0 NO. 5341 -6-