HomeMy WebLinkAbout2006-01-18; Planning Commission; Resolution 60251 PLANNING COMMISSION RESOLUTION NO. 6025
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
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 COASTAL DEVELOPMENT
7 PERMIT 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
11 SPECIFIC PLAN AND WITHIN THE MELLO II SEGMENT OF
12 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.: CDP96-16(B)
15 WHEREAS, LEGOLAND California, LLC, "Developer/Owner," has filed a
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verified application with the City of Carlsbad regarding property described as
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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
in 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 Coastal
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Development Permit Amendment as shown on Exhibits "A" - "P" dated January 18, 2006, on
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file in the Planning Department, LEGOLAND CALIFORNIA EXPANSION AREA 3 AND
26 THE PIRATES CLUSTER - CDP 96-16(B) as provided by Chapter 21.201.040 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
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relating to the CDP.4
5 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
6 Commission of the City of Carlsbad as follows:
7 A) That the foregoing recitations are true and correct.
g B) That based on the evidence presented at the public hearing, the Commission
9 APPROVES LEGOLAND CALIFORNIA EXPANSION AREA 3 AND THE
PIRATES CLUSTER - CDP 96-16(8) based on the following findings and
10 subject to the following conditions:
Findings:
12 1. That the proposed development is in conformance with the Certified Local Coastal
13 Program and all applicable policies in that the project is in compliance with the
relevant policies of the Mello II Segment of the Local Coastal Program, the
14 Carlsbad Ranch Specific Plan which serves as partial implementation for the Mello
II Segment for the project site, and the Coastal Resources Protection Overlay Zone,
as the agricultural conversion policy has been satisfied, the only area of sensitive
•it vegetation on the property has been preserved and is subject to a Coastal Deed
Restriction, and all necessary drainage detention facilities are in place.
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2. The proposal is in conformity with the public access and recreation policies of Chapter 3
18 of the Coastal Act in that pedestrian walkway connections to the Carlsbad Ranch
Trail System have already been constructed with the initial construction of the park
and no existing public accessways are affected by development of the expansion
20"areas.
21 3. The project is consistent with the provisions of the Coastal Resource Protection Overlay
Zone (Chapter 21.03 of the Zoning Ordinance) in that the project will adhere to the City's
22 Master Drainage Plan, Grading Ordinance, Storm Water Ordinance, Standard Urban
Storm Water Mitigation Plan (SUSMP) and Jurisdictional Urban Runoff Management
Program (JURMP) to avoid increased urban run off, pollutants and soil erosion. No steep
24 slopes or native vegetation is located on the subject property and the site is not located in
an area prone to landslides, or susceptible to accelerated erosion, floods or liquefaction.
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4. The Planning Commission has reviewed each of the exactions imposed on the Developer
26 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.
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PC RESO NO. 6025 -2-
Conditions:
2 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a
3 grading permit or building permit, whichever occurs first.
^ 1. If any of the following conditions fail to occur; or if they are, by their terms, to be
r 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
6 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
7 issued under the authority of approvals herein granted; record a notice of violation on the
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
9 or a successor in interest by the City's approval of this Coastal Development Permit
Amendment.
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2. Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Coastal Development Permit Amendment documents, as
12 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.
13 Any proposed development different from this approval, shall require an amendment to
this approval.
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- <. 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.
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4. If any condition for construction of any public improvements or facilities, or the payment
17 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
jg unless the City Council determines that the project without the condition complies with
all requirements of law.
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5. Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold
21 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
23 or indirectly, from (a) City's approval and issuance of this Coastal Development Permit
Amendment, (b) City's approval or issuance of any permit or action, whether
24 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
26 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
27 approval is not validated.
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PCRESONO. 6025 -3-
6. This approval is granted subject to the approval of SDP 96-14(B) and is subject to all
2 conditions contained in Planning Commission Resolution No. 6024 for those other
approvals incorporated herein by reference.
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7. Prior to the issuance of building permits, the applicant shall apply for and obtain a
grading permit issued by the City Engineer.
8. All construction activities shall be planned so that grading will occur in units that can be
6 easily completed within the summer construction season. All grading operations shall be
limited to April 1 to October 1 of each year. All areas disturbed by grading shall be
7 planted within 60 days of initial disturbance and prior to October 1 with temporary or
permanent (in the case of finished slopes) erosion control methods. The October 1
grading season deadline may be extended with the approval of the City Engineer subject
9 to implementation by October 1 of erosion control measures designed to prohibit
discharge of sediments offsite during and after the grading operation is completed.
10 Extensions beyond November 15 may be allowed in areas of very low risk of impact to
sensitive coastal resources and may be approved either as part of the original coastal
development permit or as a formal amendment to an existing coastal development permit.
12 9. Approval of CDP 96-16(B) supplements the approval of CDP 96-16 and all
13 subsequent amendments. All conditions of approval found in Planning Commission
resolutions No. 4084 dated April 16, 1997 remain in full force and effect except as
14 modified herein.
15 NOTICE
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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."
19 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
22 annul their imposition.
23 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,
zoning, grading or other similar application processing or service fees in connection with this
25 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
26 expired.
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PC RESO NO. 6025 -4-
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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. MONTGOMERY, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
Assistant Planning Director
PC RESO NO. 6025 -5-