HomeMy WebLinkAbout2006-01-18; Planning Commission; Resolution 60241 PLANNING COMMISSION RESOLUTION NO. 6024
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, FOR A
DETERMINATION THAT THE PROJECT IS WITHIN THE
4 SCOPE OF THE PREVIOUSLY CERTIFIED CARLSBAD
5 RANCH SPECIFIC PLAN AMENDMENT PROGRAM EIR
AND THAT THE PROGRAM EIR ADEQUATELY DESCRIBES
6 THE ACTIVITY FOR THE PURPOSES OF CEQA; AND A
REQUEST APPROVING A SITE DEVELOPMENT PLAN
7 AMENDMENT FOR THE LEGOLAND CALIFORNIA THEME
PARK TO PERMIT THE CONSTRUCTION OF NEW RIDES,
8 ATTRACTIONS, AND ACCESSORY STRUCTURES ON AN
9 APPROXIMATELY 128 ACRE SITE LOCATED ON THE
NORTH SIDE OF PALOMAR AIRPORT ROAD EAST OF
10 ARMADA DRIVE AND WEST OF HIDDEN VALLEY ROAD
WITHIN PLANNING AREA 4 OF THE CARLSBAD RANCH
1! SPECIFIC PLAN AND WITHIN THE MELLO II SEGMENT OF
, 2 THE LOCAL COASTAL PROGRAM AND LOCAL FACILITIES
MANAGEMENT ZONE 13.
13 CASE NAME: LEGOLAND CALIFORNIA EXPANSION
AREA 3 AND THE PIRATES CLUSTER
14 CASE NO.: SDP 96-14(6)
15 WHEREAS, LEGOLAND California, LLC, "Developer/Owner," has filed a
16
verified application with the City of Carlsbad regarding property described as
17
Lots 18 and 19 of City of Carlsbad Tract no. 94-09, Carlsbad10 J 'Ranch units 2 and 3, in the City of Carlsbad, County of San
j o Diego, State of California, according to map thereof No. 13408,
recorded in the Office of the County Recorder of San Diego on
20 April 1,1997
21 ("the Property"); and
22 WHEREAS, said verified application constitutes a request for a Site Development
23
Plan Amendment as shown on Exhibits "A" - "P" dated January 18, 2006, on file in the
24
Planning Department, LEGOLAND CALIFORNIA EXPANSION AREA 3 AND THE
26 PIRATES CLUSTER - SDP 96-14(8) as provided by Chapter 21.06/Section 21.53.120 of the
27 Carlsbad Municipal Code; and
28 WHEREAS, the Planning Commission did, on the 18th day of January, 2006,
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
2
and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
3
relating to the Site Development Plan Amendment; and
4
5 WHEREAS, on May 20, 1997, the City Council approved, SDP 96-14, as
6 described and conditioned in Planning Commission Resolution No. 97-670.
7 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
o
Commission of the City of Carlsbad as follows:
9
A) That the foregoing recitations are true and correct.
10
B) That based on the evidence presented at the public hearing, the Planning
11 Commission APPROVES LEGOLAND CALIFORNIA EXPANSION AREA
12 3 AND THE PIRATES CLUSTER - SDP 96-14(8) based on the following
findings and subject to the following conditions:
13
Findings:
14
1. That the requested use is properly related to the site, surroundings and environmental
settings, is consistent with the various elements and objectives of the General Plan, will
jg not be detrimental to existing uses or to uses specifically permitted in the area in which
the proposed use is to be located, and will not adversely impact the site, surroundings or
17 traffic circulation, in that the project design complies with the requirements of the
Carlsbad Ranch Specific Plan. Development of the proposed expansion areas will
1 ° not encroach into the required building and landscape setbacks for the perimeter of
,Q the site. The required building and landscape setbacks provide an appropriate
buffer between the LEGOLAND Park and existing, as well as future, development.
20 2. That the site for the intended use is adequate in size and shape to accommodate the use, in
21 that all applicable code requirements have been met. Total building coverage on the
site is only 3.5 percent and total landscape coverage is 49 percent of the total site
area. All required parking has been constructed and the infrastructure needs of the
~o expansion areas were planned for the with the initial park construction.
24 3. That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust
the requested use to existing or permitted future uses in the neighborhood will be
25 provided and maintained, in that screen walls, berming and landscaping have been
constructed to screen service areas for the park. The project design includes
additional berming and landscaping in the areas proposed for development adjacent
27 to the service road to screen views from within the visitor areas of the Inner Park to
necessary park facilities and infrastructure not intended to be viewed by guests.
28 Adequate vehicle and bus turning movements were included on-site with the
construction of initial improvements. A service road was constructed around the
PC RESO NO. 6024 -2-
perimeter of the Inner Park for operational needs and emergency vehicle access.
2 Several access points were provided to the service road for emergency vehicles.
Pedestrian connections were also constructed to the overall pedestrian circulation
3 system of the Carlsbad Ranch.
4 4. That the street systems serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that the proposed expansion areas were included in
the original circulation analysis prepared for program EIR 94-01 for the Carlsbad
5 Ranch Specific Plan. The circulation analysis considered the buildout of the park
and the corresponding attendance levels with park buildout.
7
5. The Planning Commission finds that the project, as conditioned herein, is in
8 conformance with the Elements of the City's General Plan, and the Carlsbad Ranch
Specific Plan based on the facts set forth in the staff report dated January 18,2006.
JQ 6. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local
Facilities Management Plan for Zone 13 and all City public facility policies and
11 ordinances. The project includes elements or has been conditioned to construct or
provide funding to ensure that all facilities and improvements regarding: sewer collection
12 and treatment; water; drainage; circulation; fire; schools; parks and other recreational
. „ facilities; libraries; government administrative facilities; and open space, related to the
project will be installed to serve new development prior to or concurrent with need.
14 Specifically,
15 a. The project has been conditioned to provide proof from the Carlsbad Unified
School District that the project has satisfied its obligation for school facilities.16
17 b. The Public Facility fee is required to be paid by Council Policy No. 17 and will be
collected prior to the issuance of building permit.
18
7. A growth management park fee of 40 cents per square foot of non-residential
19 development will be collected at the time of building permit issuance. This fee will
be used to construct recreational facilities to offset the demand created by employees
20 within Zone 13.
21 8. The project is consistent with the Comprehensive Land Use Plan (CLUP) for the
22 McClellan-Palomar Airport, dated April 1994, in that a Notice Concerning Aircraft
Environmental Impacts was previously required as a condition of approval and was
23 recorded on August 14, 1997. The project is compatible with the projected noise levels
of the CLUP; and, based on the noise/land use compatibility matrix of the CLUP, the
proposed land use is compatible with the airport, in that areas of the site are within the
25 60 and 65 CNEL noise contours and the park was considered a compatible land use
at these noise levels.
26
9. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal
27 Code Section 14.28.020 and Landscape Manual Section I B).
2° 10. The project complies with the development standards and design guidelines of the
Carlsbad Ranch Specific Plan (SP 207(A)).
PCRESONO. 6024 -3-
11. The Planning Director has determined that
2
a. The project is a subsequent activity of the Carlsbad Ranch Specific Plan for
3 which a program EIR and subsequent Mitigated Negative Declaration was
prepared, and a notice for the activity has been given, which includes statements
that this activity is within the scope of the program approved earlier, and that the
r program EIR adequately describes the activity for the purposes of CEQA);
[15168( c)(2) and (e)], and a project for which a Mitigated Negative Declaration
6 was previously adopted [ 15162].
7 b. This project is consistent with the Specific Plan cited above;
o
c. The Carlsbad Ranch Specific Plan (SP 207(A)) EIR 94-01 was certified
9 January 9, 1996 and a subsequent Mitigated Negative Declaration was adopted
in connection with the prior project or plan;
10
d. The project has no new significant environmental effect not analyzed as
significant in the prior EIR and Mitigated Negative Declaration;
12
e. None of the circumstances requiring a Subsequent EIR and Mitigated Negative
13 Declaration or a Supplemental EIR under CEQA Guidelines Sections 15162 or
15163 exist;14
12. 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
16 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.
17
Conditions:
18
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a
grading permit or building permit, whichever occurs first.
20
1. If any of the following conditions fail to occur; or if they are, by their terms, to be
21 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
23 future building permits; deny, revoke or further condition all certificates of occupancy
issued under the authority of approvals herein granted; record a notice of violation on the
24 property title; institute and prosecute litigation to compel their compliance with said
conditions or seek damages for their violation. No vested rights are gained by Developer
25 or a successor in interest by the City's approval of this Site Development Plan
_ Amendment.2o
27 2. Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Site Development Plan Amendment documents, as necessary
28 to make them internally consistent and in conformity with the final action on the project.
PC RESO NO. 6024 -4-
Development shall occur substantially as shown on the approved Exhibits. Any proposed
2 development different from this approval, shall require an amendment to this approval.
3 3. Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
4
t- 4. 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
6 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
7 unless the City Council determines that the project without the condition complies with
all requirements of law.
o
9 5. 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
10 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 Site Development Plan
Amendment, (b) City's approval or issuance of any permit or action, whether
discretionary or non-discretionary, in connection with the use contemplated herein, and
13 (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
14 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.
16
6. Developer shall submit to Planning Director a reproducible 24" x 36" mylar copy of the
17 amended Site Plan reflecting the conditions approved by the final decision making body.
1 O 7. Prior to the issuance of a building permit, the Developer shall provide proof to the
Director from the School District that this project has satisfied its obligation to provide
school facilities.
20
8. 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, including, but not limited to the
following:
23
a. A growth management park fee of 40 cents per square foot of non-residential
24 development will be collected at the time of building permit issuance. This
fee will be used to construct recreational facilities to offset the demand
created by employees within Zone 13.
9. Building permits will not be issued for this project unless the local agency providing
27 water and sewer services to the project provides written certification to the City that
adequate water service and sewer facilities, respectively, are available to the project at the
28 time of the application for the building permit, and that water and sewer capacity and
facilities will continue to be available until the time of occupancy.
PC RESO NO. 6024 -5-
10. This approval is granted subject to the approval of CDP 96-16(B) and is subject to all
2 conditions contained in Planning Commission Resolution No. 6025 for those other
approvals incorporated herein by reference.
3
11. Developer shall submit and obtain Planning Director approval of a Final Landscape and
4 Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and
the City's Landscape Manual. Developer shall construct and install all landscaping as
shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving
condition, free from weeds, trash, and debris.
7 12. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the
landscape plan check process on file in the Planning Department and accompanied by the
8 project's building, improvement, and grading plans.
13. Developer shall construct trash receptacle and recycling areas enclosed by a six-foot high
, ~ masonry wall with gates pursuant to City Engineering Standards and Carlsbad Municipal
Code Chapter 21.105. Location of said receptacles shall be approved by the Planning
11 Director. Enclosure shall be of similar colors and/or materials to the project to the
satisfaction of the Planning Director.
12
14. No outdoor storage of materials shall occur onsite unless required by the Fire Chief.
When so required, the Developer shall submit and obtain approval of the Fire Chief and
,. the Planning Director of an Outdoor Storage Plan, and thereafter comply with the
approved plan.
15
15. Building permits for at least one of the building or attractions shown on this site
16 development plan amendment must be issued within 24 months of the date on which
this Site Development Plan Amendment receives Planning Commission approval or
this approval shall expire. Building permits for any remaining buildings or
attractions shown on the Site Development Plan Amendment must be issued within
5 years of the date on which the Site Development Plan Amendment received
19 Planning Commission approval or the Site Development Plan Amendment will
expire as it pertains to any buildings or attractions not constructed.
20
16. Approval of SDP 96-14(8) supplements the approval of SDP 96-14 and all
21 subsequent amendments. All conditions of approval found in Planning Commission
22 resolutions No. 4083, dated April 16, 1997, remain in full force and effect except as
modified herein.
23 Engineering:
24
17. Prior to hauling dirt or construction materials to or from any proposed construction site
within this project, Developer shall apply for and obtain approval from, the City Engineer
~ >- for the proposed haul route.
27 18. Developer shall cause property owner to execute and submit to the City Engineer for
recordation, the City's standard form Geologic Failure Hold Harmless Agreement.
28
19. Based upon a review of the proposed grading and the grading quantities shown on the site
PC RESO NO. 6024 -6-
plan, a grading permit for this project is required. Developer shall apply for and obtain a
2 grading permit from the City Engineer prior to issuance of a building permit for the
project.
3
20. The proposed grading operation generates a net earthwork export from the project
site. If the export is not to be trucked to a location outside the city limits, then the
<- receiving site within the city limits must have a valid grading permit to accept the
earthwork.
6
21. Prior to the issuance of a grading permit or building permit, whichever occurs first,
7 Developer shall submit to the City Engineer proof that a Notice of Intention for the start
of work has been submitted to the State Water Resources Control Board.8
9 22. Upon completion of grading, Developer shall file an "as-graded" geologic plan with the
City Engineer. The plan shall clearly show all the geology as exposed by the grading
10 operation, all geologic corrective measures as actually constructed and must be based on a
contour map which represents both the pre and post site grading. The plan shall be signed
by both the soils engineer and the engineering geologist, and shall be submitted on a 24"
, ~ x 36" mylar or similar drafting film format suitable for a permanent record.
13 23. No structure or attraction shall encroach into existing utility easements or
constructed over existing utility lines.
14
24. Developer shall provide the design of all drainage systems to the satisfaction of the City
Engineer. All drainage systems shall be inspected by the City. Developer shall pay the
standard improvement plancheck and inspection fees.
17 25. Developer shall have the entire drainage system designed, submitted to and approved by
the City Engineer, to ensure that runoff resulting from 10-year frequency storms of 6
hours and 24 hours duration under developed conditions, are equal to or less than the
runoff from a storm of the same frequency and duration under existing developed
conditions. Both 6 hour and 24 hour storm durations shall be analyzed to determine the
20 detention basin capacities necessary to accomplish the desired results.
21 26. Developer shall comply with the City's requirements of the National Pollutant Discharge
Elimination System (NPDES) permit. Developer shall provide improvements constructed
pursuant to best management practices as referenced in the "California Storm Water Best
23 Management Practices Handbook" to reduce surface pollutants to an acceptable level
prior to discharge to sensitive areas. Plans for such improvements shall be submitted to
24 and subject to the approval of the City Engineer. Said plans shall include but not be
limited to notifying prospective owners and tenants of the following:
a. All owners and tenants shall coordinate efforts to establish or work with
established disposal programs to remove and properly dispose of toxic and
27 hazardous waste products.
b. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil,
28 antifreeze, solvents, paints, paint thinners, wood preservatives, and other such
fluids shall not be discharged into any street, public or private, or into storm drain
PC RESO NO. 6024 -7-
or storm water conveyance systems. Use and disposal of pesticides, fungicides,
2 herbicides, insecticides, fertilizers and other such chemical treatments shall meet
Federal, State, County and City requirements as prescribed in their respective
3 containers.
c. Best Management Practices shall be used to eliminate or reduce surface pollutants
^ when planning any changes to the landscaping and surface improvements.
27. Prior to the issuance of grading permit or building permit, whichever occurs first,
6 Developer shall submit for City approval a modification to the existing "Storm Water
Pollution Prevention Plan (SWPPP)" to incorporate the proposed new work. The
7 proposed changes have to be coordinated with the city's Public Works - Storm Water
Protection Division.8
9 28. A discharge permit from the Regional Water Quality Board will be required for the water
features that drain into the storm drain system. Information on the water quality of the
10 water features will be required. The water quality information and the discharge permit
will be required prior to the issuance of building permits for any water features.
12 29. The Developer shall show all existing and proposed fire hydrants and the water
lines that supply them. If the developer has not already done so, they shall
13 coordinate with the Fire Marshal to determine location of hydrants and sprinkler
systems.
14
30. All landscaping shall be irrigated with reclaimed water in accordance with CMWD
requirements.
16 Code Reminders:
17
31. Approval of this request shall not excuse compliance with all applicable sections of the
18 Zoning Ordinance and all other applicable City ordinances in effect at time of building
permit issuance, except as otherwise specifically provided herein.
32. Developer shall exercise special care during the construction phase of this project to
prevent offsite siltation. Planting and erosion control shall be provided in accordance
2i with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction
of the City Engineer.
22
33. All roof appurtenances, including air conditioners, shall be architecturally integrated and
23 concealed from view and the sound buffered from adjacent properties and streets, in
substance as provided in Building Department Policy No. 80-6, to the satisfaction of the
Directors of Community Development and Planning.
25 34. Developer shall pay a landscape plan check and inspection fee as required by Section
26 20.08.050 of the Carlsbad Municipal Code.
27 35. The project shall comply with the latest non-residential disabled access requirements
pursuant to Title 24 of the State Building Code.
28
PC RESO NO. 6024 -8-
36. All roof appurtenances, including air conditioners, shall be architecturally integrated and
2 concealed from view and the sound buffered from adjacent properties and streets, in
substance as provided in Building Department Policy No. 80-6, to the satisfaction of the
3 Directors of Community Development and Planning.
4 37. Any signs proposed for the Outer Park shall at a minimum be designed in conformance
with the City's Sign Ordinance and the Carlsbad Ranch Specific Plan and shall require
review and approval of the Planning Director prior to installation of such signs. Inner
5 park signage shall not be subject to City review unless such signs exceed 20 feet in
height.
7
8 NOTICE
9 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
10 "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
12 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
13 follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
15 You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning,
16 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
1' NOTICE similar to this, or as to which the statute of limitations has previously otherwise
,« expired.
19
20
21
22
23
24
25
26
27
28
PC RESO NO. 6024 -9-
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
PASSED, APPROVED AND ADOPTED at a regular meeting of the planning
Commission of the City of Carlsbad, California, held on the 18th day of January 2006, by the
following vote, to wit:
AYES: Commissioners Baker, Dominguez, Heineman, Segal, and Whitton
NOES:
ABSENT: Chairperson Montgomery and Commissioner Cardosa
ABSTAIN:
MARTELL B. MONTGOMERYTChairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
Assistant Planning Director
PC RESO NO. 6024 -10-