HomeMy WebLinkAbout2007-12-05; Planning Commission; Resolution 63561 PLANNING COMMISSION RESOLUTION NO. 6356
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF SPECIFIC PLAN AMENDMENT NO. 207(F)
4 TO ALLOW FOR AN ADMINISTRATIVE APPROVAL
, PROCESS FOR LEGOLAND INNER PARK IMPROVEMENTS,
MODIFY THE ALLOWED USES TO INCLUDE OVERNIGHT
6 USES AND TO DEFINE MINOR AND MAJOR SPECIFIC
PLAN AMENDMENTS ON PROPERTY GENERALLY
7 LOCATED NORTH OF PALOMAR AIRPORT ROAD, SOUTH
OF CANNON ROAD, EAST OF PASEO DEL NORTE AND
8 WEST OF THE CROSSINGS DRIVE IN THE MELLO II
9 SEGMENT OF THE LOCAL COASTAL PROGRAM AND IN
LOCAL FACILITIES MANAGEMENT ZONE 13.
10 CASE NAME: LEGOLAND INNER PARK
CASE NO.: SP 2Q7(F)
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WHEREAS, Merlin Entertainments Group US Holdings, Inc.,
13 "Developer/Owner," has filed a verified application with the City of Carlsbad regarding property
14 described as
15 Lots 18 and 19 of City of Carlsbad Tract 94-09, Carlsbad
,g Ranch-Units 2 and 3, in the City of Carlsbad, County of San
Diego, State of California, according to map thereof No. 13408,
17 recorded in the Office of the County Recorder of San Diego
County on April 1,1997
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("the Property"); and
2Q WHEREAS, said verified application constitutes a request for a Specific Plan
21 Amendment as shown on Exhibit "X" dated December 5,2007, attached hereto, and on file in
22 the Carlsbad Planning Department, LEGOLAND INNER PARK - SP 207(F) as provided by
SP 207(E) and Government Code Section 65.453; and
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WHEREAS, the Planning Commission did, on the 5th day of December 2007,
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hold a duly noticed public hearing as prescribed by law to consider said request; and26
27 WHEREAS, at said public hearing, upon hearing and considering all testimony
28 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
relating to the Specific Plan Amendment; and
1 WHEREAS, on October 19, 2004, the City Council approved SP 207(E), as
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described and conditioned in Planning Commission Resolution No. 5693 and City Council
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Ordinance No. NS-727.4
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.
o B) That based on the evidence presented at the public hearing, the Commission
9 RECOMMENDS APPROVAL of LEGOLAND INNER PARK - SP 207(F)
based on the following findings and subject to the following conditions:
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Findings:
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1. The proposed development as described by the Specific Plan Amendment (SP 207(F)) is
consistent with the provisions of the General Plan in that the General Plan Land Use
13 designation for Planning Area Four (Legoland) of the Carlsbad Ranch Specific Plan
area is Travel/Recreation Commercial (TR) and the TR designation allows uses
14 such as visitor attractions and commercial uses that serve the travel and
recreational needs of the tourist, residents, and employees of the business and
15 industrial centers.
2. The proposed plan would not be detrimental to the public interest, health, safety,
17 convenience, or welfare of the City in that the proposed overnight stay program is
consistent with the existing entertainment use and the procedural changes within
18 the Specific Plan area will not impact the public interest, health, safety, convenience,
or welfare of the City.19
3. All necessary public facilities can be provided concurrent with need, and adequate
provisions have been provided to implement those portions of the capital improvement
2\ program applicable to the subject property in that the project is served by existing
roads (Cannon Road and The Crossings Drive) which operate at acceptable levels of
22 service and all other public facilities are in place.
23 4. The proposed Travel/Recreational uses will be appropriate in area, location, and overall
design to the purpose intended. The design and development standards are such as to
create an environment of sustained desirability and stability. Such development will
2<j meet performance standards established by this title in that development will be
required to comply with the development standards of the Carlsbad Ranch Specific
26 Plan which is found to be consistent with the various elements of the General Plan.
27 5. In the case of institutional, recreational, and other similar nonresidential uses, such
development will be proposed, and surrounding areas are protected from any adverse
° effects from such development in that adequate buffer standards in the form of
required setbacks, physical barriers and landscaping have been incorporated into
the Specific Plan to accommodate the proposed overnight stay use.
PC RESO NO. 6356 -2-
6. The streets and thoroughfares are suitable and adequate to carry the anticipated traffic
2 thereon as there is not a significant traffic increase associated with the proposed
overnight stay program and any additional traffic would not exceed the original
3 projected traffic generation for the project. No traffic impacts are associated with
the proposed Specific Plan Amendment.
7. Any proposed commercial development can be justified economically at the location
proposed and will provide adequate commercial facilities of the types needed at such
location proposed.
7 8. The area surrounding the development is or can be planned and zoned in coordination
and substantial compatibility with the development.
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9. The Planning Director has determined that:
.„ a. the project is a(n) subsequent activity of the Carlsbad Ranch Specific Plan (SP
207(A)) for which a program EIR was prepared, and a notice for the activity has
\ i been given, which includes statements that this activity is within the scope of the
program approved earlier, and that the program EIR adequately describes the
12 activity for the purposes of CEQA); [15168(c)(2) and (e)]; and
1 3J b. this project is consistent with the Carlsbad Ranch Specific Plan cited above; and
14 c. the Carlsbad Ranch Specific Plan EIR 94-01 was certified by the City Council
15 on January 9, 1996 in connection with the prior plan; and
16 d. the project has no new significant environmental effect not analyzed as significant
in the prior EIR; and
e. none of the circumstances requiring a Subsequent EIR or a Supplemental EIR
under CEQA Guidelines Sections 15162 or 15163 exist; and
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f. all feasible mitigation measures or project alternatives identified in the Carlsbad
Ranch Specific Plan EIR 94-01, which are appropriate to this Subsequent
Project, have been incorporated into this Subsequent Project.
22 10. 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
23 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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Conditions;
_, 1. 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
27 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
28 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
property title; institute and prosecute litigation to compel their compliance with said
PC RESO NO. 6356 -3-
conditions or seek damages for their violation. No vested rights are gained by Developer
2 or a successor in interest by the City's approval of this Specific Plan Amendment.
3 2. Staff is authorized and directed to make, or require Developer to make, all corrections
and modifications to the Specific Plan document(s) necessary to make them internally
4 consistent and in conformity with final action on the project. Development shall occur
substantially as shown in the approved Exhibits. Any proposed development, different
from this approval, shall require an amendment to this approval.
3. Developer shall comply with all applicable provisions of federal, state, and local laws and
7 regulations in effect at the time of building permit issuance.
8 4. If any conditions 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.
12 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
representatives, from and against any and all liabilities, losses, damages, demands, claims
14 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 Specific Plan Amendment,
15 (b) City's approval or issuance of any permit or action, whether discretionary or
nondiscretionary, in connection with the use contemplated herein, and
16 (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
17 facility of electromagnetic fields or other energy waves or emissions. This obligation
i o survives until all legal proceedings have been concluded and continues even if the City's
approval is not validated.
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6. This project shall comply with all conditions and mitigation measures which are required
20 as part of the Zone 13 Local Facilities Management Plan and any amendments made to
that Plan prior to the issuance of building permits.
22 7. This approval is granted subject to the approval of LCPA 90-08(E) and is subject to all
conditions contained in Planning Commission Resolutions No. 6357 for the other
23 approval incorporated herein by reference.
24 8. Prior to the issuance of any permits for the project, the applicant shall submit to the
Planning Director a digital copy and a camera-ready master copy of the Carlsbad
Ranch Specific Plan SP 207(F), in addition to the required number of bound copies.
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PC RESO NO, 6356 -4-
1 NOTICE
2
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
A "fees/exactions."
5 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
6 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 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
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
12 expired.
13 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
14 Commission of the City of Carlsbad, California, held on the 5th day of December, 2007, by the
following vote, to wit:
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AYES: Chairperson Baker, Commissioners Boddy, Cardosa, Dominguez,
17 Douglas, and Montgomery
18 NOES:
19 ABSENT: Commissioner Whitton
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ABSTAIN:
21 "
23 \J^/». (\ <y JL
24 JULIE BAKER, Chairperson
CARLSSAD PLANNING COMMISSION
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26 ATTEST:
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28 n DONNEU
Planning Director
PC RESO NO. 6356 -5-
Exhibit "X"
December 5, 2007
1 ORDINANCE NO.
2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, ADOPTING AN AMENDMENT TO
3 THE CARLSBAD RANCH SPECIFIC PLAN (SP 207(E)) TO
ALLOW FOR AN ADMINISTRATIVE APPROVAL PROCESS FOR
4 LEGOLAND INNER PARK IMPROVEMENTS, MODIFY THE
ALLOWED USES TO INCLUDE OVERNIGHT USES AND TO
5 DEFINE MINOR AND MAJOR SPECIFIC PLAN AMENDMENTS
ON PROPERTY GENERALLY LOCATED NORTH OF PALOMAR
6 AIRPORT ROAD, SOUTH OF CANNON ROAD, EAST OF
PASEO DEL NORTE AND WEST OF THE CROSSINGS DRIVE
7 IN THE MELLO II SEGMENT OF THE LOCAL COASTAL
PROGRAM AND IN LOCAL FACILITIES MANAGEMENT ZONE
8 13.
CASE NAME: LEGOLAND INNER PARK
9 CASE NO.: SP 207(F)
10 The City Council of the City of Carlsbad, California, does ordain as follows:
11 WHEREAS, the Carlsbad Ranch Specific Plan was originally adopted by City
Council Ordinance No. NS-277 on March 16, 1993 and has been amended several times and
contains the uses, development standards and design guidelines for the development of the
subject property; and
I5 WHEREAS, the City Council of the City of Carlsbad has reviewed and
considered a Specific Plan Amendment (SP 207(F)) for the Carlsbad Ranch Specific Plan; and
17 WHEREAS, after procedures in accordance with requirements of law, the City
1 O Council has determined that the public interest indicates that said Specific Plan Amendment (SP
19 207(F)) be approved.
90 NOW, THEREFORE, the City Council of the City of Carlsbad does ordain as
21 follows:
22 SECTION 1: That Specific Plan SP 207(F), on file in the Planning Department,
23 and incorporated herein by reference, is adopted. The Carlsbad Ranch Specific Plan (SP
24 207(F)) shall constitute the development plan for the property and all development within the
25 plan area shall conform to the plan.
SECTION 2: That the Carlsbad Ranch Specific Plan (SP 207), as amended to
27 date, and further amended by Specific Plan Amendment 207(F), dated December 5, 2007, is
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approved.
1 SECTION 3: That Specific Plan Amendment SP 207(F) replaces text in the
2 Carlsbad Ranch Specific Plan, as shown on Attachment SP 207(F).
3 SECTION 4: That the findings and conditions of the Planning Commission in
4 Planning Commission Resolution No. 6356 shall constitute the findings and conditions of the
5 City Council.
6 EFFECTIVE DATE: This ordinance shall be effective thirty days after its
7 adoption, but not until Local Coastal Program Amendment LCPA 90-08(E) is approved by the
8 California Coastal Commission, and the City Clerk shall certify to the adoption of this ordinance
and cause it to be published at least once in a publication of general circulation in the City of
10 Carlsbad within fifteen days after its adoption.
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1 INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City
2 Council on the day of 2007, and thereafter.
3 PASSED AND ADOPTED at a regular meeting of the City Council of the City of
4 Carlsbad on the day of 2007, by the following vote, to wit:
5 AYES:
6 NOES:
7 ABSENT:
8 ABSTAIN:
9
10 APPROVED AS TO FORM AND LEGALITY
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12 RONALD R. BALL, City Attorney
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14 n
CLAUDE A. LEWIS, Mayor
16 ATTEST:
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18 LORRAINE M. WOOD, City Clerk
19 (SEAL)
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SP 207(F)
Figures 8, 9, 10, 11 and 12, found on pages 23 through 27, identify the proposed
location of land uses and the development program to be achieved on the developable
portion of the Carlsbad Ranch, which is expected to build out over a 10 to 15 year time
period.
The acreage contained in the Parcelization map on page 27 does not directly
correspond with the land use acreage as contained in the Zone 13 LFMP. The
Parcelization map provides separate lots for the developable land and the roadways. While
the land use maps contained in the Zone 13 LFMP provides acreage that includes the
adjacent roadways in the land use area.
The plans and maps provided in this specific plan are conceptual in nature only. Site
Development Plans and/or Conditional Use Permits will be required prior to development in
any of the Planning Areas within the Carlsbad Ranch Specific Plan, or as otherwise
stated within the Implementation section of each Planning Area?
Carlsbad Ranch Specific Plan 22
E. PLANNING AREA 4 - LEGOLAND Carlsbad
The focus of LEGOLAND Carlsbad will be on the provision of fun and creative,
educational experiences for children in the age group 2 through 13 and their families. The
planning and design shall comply with the following criteria:
Establish the child as the focal point
Provide for family interaction and fun
Provide Environmental sensitivity including designing with nature, energy
conservation, reuse, and recycling
Create a "park within a park"
Facilitate participation and creativity
Create a world of learning
Develop theme areas corresponding to LEGO brands
Provide comfort and quality for guests and staff
Create synergy with the local community and environment
The overall concept of LEGOLAND Carlsbad may be described as a "park within a
park". A significant portion of LEGOLAND Carlsbad will consist of attractive landscape
areas with an emphasis on native and water conserving landscapes. Figure 36 on page
116 provides an overall planning summary of LEGOLAND Carlsbad.
1. PLANNING AREAS
The general planning areas and acreages, which make up LEGOLAND
Carlsbad are shown on Figure 35 on page 115. The approximately 128-acre site
consists of feuf-two..-(24) distinct planning areas. These consist of the Inner Park
and7 the Outer Park, the Parking and Circulation and the Service and Administration.
A brief description of the approximate size and location of each of the planning
areas is provided below.
a. Inner Park
The Inner Park is approximately 3§-70_acres in s'ze and includes both
Active Clusters and Passive Clusters. The Inner Park planning area is
located in the eefrtfaJ-northern portion of the LEGO property and serves as
the core of LEGOLAND Carlsbad.
The Inner Park is accessed through an entrance structure with
ticketing booths and turnstiles, an entrance building with guest related
facilities and retail uses, restaurant/cafe buildings, public toilets and comfort
rooms, and the themed attractions buildings.
Carlsbad Ranch Specific Plan 111
The key elements of LEGOLAND Carlsbad are the "Active Clusters"
and "Passive Clusters". These key elements are shown on Figure 36 on
page 116.
Active Clusters will include LEGO attraction areas such as
MINILAND and will be distinguished by plantings, paving, site furnishings,
water features, pedestrian trails and landscape lighting. Rides created for
these areas will be designed to allow the child and his/her family to view and
interact with the LEGO models and attractions. High-speed thrill rides will not
be a part of LEGOLAND Carlsbad.
It is anticipated that LEGOLAND Carlsbad will include approximately
five (5) Active Clusters. The size of each Active Cluster is expected to be at
the range of 2 and 5 acres. Examples of activities which may occur in the
Active Clusters include the following:
Miniland - Miniland will be the heart of LEGOLAND Carlsbad. This
area will illustrate the creative uses of LEGO bricks in a garden
setting. Miniland will be alive with movement and sound and will
create landmarks and scenes from the world, North America and
California. It will include famous buildings and towns surrounded by
landscape settings.
DUPLO Play Town - DUPLO Play Town will focus on younger
children. Children can enjoy attractions that will feature DUPLO
theme areas and will offer plenty of creative play opportunities. Rides
designed for and controlled by small children will allow them to interact
with DUPLO model creations. DUPLO buildings will allow children to
explore and interact with their surroundings in unique ways.
LEGO Building Workshops - LEGO building workshop areas will be
incorporated in several areas of the Park to allow children at different
age levels to build their own LEGO creations. Master-classes led by
LEGO model designers will offer groups of children and families
opportunities to participate in guided building tasks with LEGO bricks
and elements.
LEGO Driving School - Among other educational elements will be a
driving school for children to learn the rules of the road. The driving
school will offer group instructions and testing of skills on a driving
course with LEGO instructors. Following this driving experience,
children will be awarded their own LEGO driver's license.
LEGO Attraction Areas - Other attractions in LEGOLAND Carlsbad
emphasize LEGO themes such as Town, Castle, and Pirates.
Carlsbad Ranch Specific Plan 112
Activities created for these areas will be designed to allow the child
and his/her family to view and interact with the theme LEGO models
and attractions.
Passive Clusters will be located next to the Active Clusters within the
Inner Park. The Passive Clusters are characterized by unobstructed park
like plantings with occasional walkways and limited paving, site furnishings,
garden features and landscape lighting. The key objective of the passive
clusters is to allow families to picnic, relax, and enjoy the park atmosphere.
Service and Administration
The Service and Administration planning area is located on the
eastern end of the project site. The service and administrative buildings will
include storage, workshops, staff, educational and administrative facilities.
External waste and storage facilities will be established in connection with the
storage building.
b. Outer Park
The Outer Park contains landscape areas and parking facilities for
LEGOLAND Carlsbad. - which may accommodate future Inner Park
expansion.—The Outer Park also contains landscaped buffers which lie
between LEGOLAND Carlsbad and the adjacent LEGO Drive.—T-fce
landscaped service road will be located within the Outer Park.
The actual boundaries of both the Inner Park and Outer Park as well
as the acreage of the Planning Areas may vary and will be precisely
determined at the time of the Site Development Plan review.
Carlsbad Ranch Specific Plan 113
Parking and Circulation
Proposed parking consists of areas for guest parking, bus parking,
recreation vehicle and employee parking. Guest parking includes provisions
for handicap parking in accordance with the Americans with Disabilities Act.
In an effort to work with the existing topography of the site and maximize
views within LEGOLAND Carlsbad, the parking area is designated for the
southern portion of the LEGO site. Access to the quest parking will be taken
from LEGO Drive by way of Cannon Road. All directional signage including
freeway signs, signs on Palomar Airport Road and promotional
advertisements shall direct motorists towards Cannon Road. Parking
expansion space will be provided within the LEGO park site adjacent to the
parking lot on the south. This will ...also provide space for parking overflow
should it be needed during peak visitor days.
Employee and bus parking facilities will be provided at the
southeastern portion of the site. Access to these areas will be from Palomar
Airport Road via Hidden Valley Road. Emergency vehicle access is also
provided via Hidden Valley Road. Details of the parking areas will be
provided as a part of the application for the Site Development Plan.
Carlsbad Ranch Specific Plan 114
LEGOL
G A L I F O R
Figure 35
LEGOLAND Carlsbad - Planning Areas
Carlsbad Ranch Specific Plan 116
&•• - Parking and Circulatiofl
Proposed parking consists of areas for guest parking, bus parking,
recreation vehicle and employee parking. Guest parking includes provisions
for handicap parking in accordance with the Americans with Disabilities Act.
in an effort to work with the existing topography of the site and maximize
views within LEGOLAND Carlsbad, the parking area is designated for the
southern portion of the LEGO site. Access to the guest parking wiil be taken
from LEGO Drive byway of Cannon Road. All directional signage including
freeway — s-i§n&; — signs — en — Palomar — Airport — Read — and — promotional
advertisements shall direct motorists towards Gannon Road. — Parking
expansion space will be provided within the LEGO park site adjacent to the
parking lot on the south. This wiil also provide space for parking overflow
should it be noodod during peak visitor days.
Employee and bus parking facilities will be provided at the
southeastern portion of the site. Access to these areas will be from Palomar
Airport Road via Hidden Valley Road. Emergency vehicle access is also
provided via Hidden Valley Road: — Details of the parking areas will be
provided as a part of the application for the Site Development Plan.
ek - Service and Administration
The Service and Administration planning area is proposed to be
located on the eastern end of the project site. The service and administrative
buildings — wiH — include — storage, — workshops, — staff; — educational — a«4
administrative facilities. — External waste and storage facilities will be
established in connection with the storage building.
2. DEVELOPMENT STANDARDS
The following are specific development and design guidelines applicable to
this Planning Area. However, Section MIA GENERAL DEVELOPMENT
STANDARDS AND DESIGN GUIDELINES beginning on page 63 contains
additional development standards and design guidelines that are applicable to all
Planning Areas within this Specific Plan Amendment.
Carlsbad Ranch Specific Plan 118
a. Permitted uses within LEGOLAND Carlsbad are as follows:
Entrance facility;
Toll "plaza";
Retail shops, not including drive-up or drive-in services;
Restaurants, not including drive-up or drive-in services;
Service buildings associated with Park activities;
Offices related to Park activities, business and administration;
Ancillary uses related to LEGO park;
Indoor and outdoor facilities for children related to
entertainment and education including overnight uses, but
not including high-speed thrill rides (those rides typically
oriented towards the teenage and young adult audience);
Water features, lakes;
Picnic areas;
Landscaped areas;
Guest services and facilities;
Accessory uses which are clearly incidental or necessary to
principal permitted uses;
People moving systems;
Signs related to Park activities;
Parking;
Any other uses as determined by the Planning Director to be of
the same general character as the uses listed above.
b. Permitted temporary uses within LEGOLAND Carlsbad which are
limited in duration, but occur from time to time, are as follows:
Festivals;
Craft fairs;
Markets;
Construction facilities; trailers, equipment and material storage
areas; ancillary uses related to project construction.
Carlsbad Ranch Specific Plan 119
3. Planning Area 3
Any development of the property including hotels and/or commercial living
units (timeshares) shall be subject to the approval of a Site Development Plan
pursuant to Section 21.06 (Qualified Overlay Zone) of the Carlsbad Municipal Code.
In addition, a hotel or commercial living unit (timeshare) project shall be subject to
the requirements of Section 21.42.010(10) of the Carlsbad Municipal Code. In
addition to the above requirements, the City Council shall make the final decision to
approve or disapprove the Site Development Plan.
Any other uses proposed for this site that is not specifically addressed herein
shall be subject to all applicable processing requirements of the underlying zone and
Title 21 (Zoning) of the Carlsbad Municipal Code.
4. Planning Area 4 (LEGOLAND Carlsbad)
Any development of the property shall be subject to the approval of a Site
Development Plan pursuant to Section 21.06 (Qualified Overlay Zone) of the
Carlsbad Municipal Code; Due to the unique nature of LEGQLAND Carlsbad, the
Site Development Plan shall be submitted to both tfre-Planning Commission and City
Council for review. The City Council shall make the final decision to approve or
disapprove the Site Development Plan. This specific plan authorizes and approves
a LEGOLAND family park as a permitted use of the Planning Area for zoning
purposes and, therefore, a conditional use permit &rta(i not be required pursuant to
Section 21.42.010(5)(F) of the Carlsbad Municipal Code.
Planning Area 4 contains the entire LEGOLAND theme park. As shown
on Exhibit 35. the park is divided into the inner park and the outer park. The
inner park contains all of the existing attractions, food services and
administrative services and areas for future expansion. The outer park is the
area reserved for parking and a large portion of the perimeter landscape
buffer. This specific plan authorizes and approves a LEGOLAND family park
as a permitted use subject the approval of a Site Development Plan. A Site
Development Plan (SDP 96-14) and Coastal Development Permit (CDP 96-16)
were approved for the entire park bv Citv Council Resolution 97-670 on Mav
20.1997. This specific plan authorizes and approves a LEGOLAND family park as a
permitted use of the Planning Area for zoning purposes and, therefore, a conditional
use permit shall not be required pursuant to Section 21.42.010(5)(F) of the Carlsbad
Municipal Code. Any development of the property shall be subject to the
processes as described below.
Carlsbad Ranch Specific Plan 203
Outer Park
Any development within the Outer Park shall be subject to the approval
of a Site Development Plan pursuant to Section 21.06 (Qualified Overlay Zone)
of the Carlsbad Municipal Code.
Inner Park
All future park projects within the Inner Park that comply with the
development standards and design guidelines set forth in this Specific
Plan shall be processed as a Minor Site Development Plan and Minor
Coastal Development Permit subject to Planning Director approval. The
Planning Director shall ascertain all facts pertinent to the proposed
development and shall approve, conditionally approve, disapprove or give
notice of referral to the Planning Commission, together with the findings
and reasons for such action. An apptication for a Minor Site Development
Plan/Minor Coastal ...Development Permit shall be made in accordance with
the procedures set forth below:
(1) An application for a Minor Site Development Plan/Minor Coastal
Development Permit may be made by the record owner or owners of
the property affected or the authorized agent of the owner or owners.
The application shall be filed with the Planning Director upon forms
provided by him. The application shall be accompanied by adequate
plans which allow for detailed review, a legal description of the
property and all other materials and information specified by the
Planning Director.
(2) At the time of filing the application, the applicant shall pay a
processing fee in an amount specified by City Council resolution.
(3) If the applicant contemplates the construction of a LEGOLAND
project in phases, the application shall so state and shall include a
proposed phasing schedule.
(4) For minor coastal development permits, notwithstanding Section
21.201.080. all applications regardless of the cost of development
shall be approved or disapproved by the Planning Director.
Findings of the Planning Director.
In approving a Minor Site Development Plan/Minor Coastal Development
Permit the Planning Director shall make the following findings:
Carlsbad Ranch Specific Plan 204
(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 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 traffic circulation:
(2) That the site for the Intended use is adequate in size and shape to
accommodate the use;
(3) That all of the yards, setbacks, walls, fences, fandscapinq. and
other features necessary to adjust the requested use to existing or
permitted future uses in the neighborhood will be provided and
maintained;
(4) That the street system serving the proposed use is adequate to
properly handle all traffic generated by the proposed use
(5) The development has no adverse effect individually or
cumulatively on coastal resources or public access to the shoreline
or along the coast.
Notification.
The planning director shall notify the applicant in writing of any decision
made on a Minor Site Development Plan/Minor Coastal Development
Permit.
Effective Date of Order and Appeal of Planning Director Decision.
The effective date of the Planning Director's decision and method for
appeal of such decision shall be governed by Section 21.54.140 of the
municipal code.
Development Agreement
Additionally, a Development Agreement may be entered into between the City
of Carlsbad and LEGO. This Development Agreement shall not conflict with the
requirements of this specific plan.
Amendments to the Site Development Plan
The following types of minor amendments may be approved administratively
by the Planning Director:
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a. Changes to the design and location of landscaping within the interior
of the park.
b. Revisions to the design and landscaping of the parking area that will
not substantially impact vehicular or pedestrian access.
c. The relocation of attractions within the interior of the park that will not
substantially alter the appearance of the park from any adjacent public
road.
d. Revisions to the architecture of buildings as long as the revisions are
in conformance with the Design Guidelines of Section IV.E.3 (
LEGOLAND Carlsbad Design Guidelines) of this specific plan.
e. Any other similar type of revisions determined to be minor in nature by
the Planning Director.
All other amendments to the Site Development Plan shall be reviewed and approved by
the Planning Commission pursuant to the procedures contained within Chapter 21.06 of
the Carlsbad Municipal Code and, additionally, the Planning Commission ohall havo the
right to refer any substantial amendments of a controversial nature to the City Council.
5. Planning Area 5
Any development of the property including hotels and/or commercial living
units (timeshares) shall be subject to the approval of a Site Development Plan
pursuant to Section 21.06 (Qualified Overlay Zone) of the Carlsbad Municipal Code.
In addition, a hotel or commercial living unit (timeshare) shall be subject to the
requirements of Section 21.42.010(10) of the Carlsbad Municipal Code. In addition
to the above requirements, the City Council shall make the final decision to approve
or disapprove the Site Development Plan.
Any other uses proposed for this site that are not specifically addressed
herein shall be subject to all applicable processing requirements of the underlying
zone and Title 21 (Zoning) of the Carlsbad Municipal Code.
6. Planning Area 6
Any development of the property shall be subject to the approval of a Site
Development Plan pursuant to Section 21.06 (Qualified Overlay Zone) of the
Carlsbad Municipal Code. Any other uses proposed for this site that are not
specifically addressed herein shall be subject to all applicable processing
requirements of the underlying zone and Title 21 (Zoning) of the Carlsbad Municipal
Code.
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VIII. SPECIFIC PLAN ADMINISTRATION
A. INTRODUCTION
Approval of this Specific Plan signifies acceptance by the City of a general
framework as well as specific development standards for the build out of Carlsbad
Ranch. It is anticipated that certain amendments to the specific plan may be
necessary during the development of the area. Any amendments to the specific plan
shall occur in accordance with the Carlsbad General Plan and the amendment
process described in this section. Amendments may be initiated by the City Council
or the property owner.
Amendments to the -Carlsbad Ranch Specific Plan shall be subject to the review and
approval of the City Council provided public input has been solicited through public
hearings. The Planning Commission shall first hear and consider all applications for an
amendment to the specific plan. The Planning Commission shall prepare a
recommendation and findings on all applications for an amendment to the City Council. As
required by the Government Code and the California Environmental Quality Act all
agencies significantly-affected by the amendment to the plan shall also be notified of the
proposed action prior to approving the amendment of the specific plan.
Depending on the extent and impact of tee-a proposed Specific Plan Amendment, a
subsequent Environmental Impact Report or mitigated negative declaration which focuses
on the new impacts may be warranted. Two categories of amendments to the Specific
Plan can be processed: Minor and Major Specific Plan Amendments.
B. STATE REQUIREMENTS
As contained in Section 65450, et. seq. of the California Government Code, a
specific plan shall be prepared, adopted, and amended in the same manner as a general
plan, except that a specific plan may be adopted by resolution or by ordinance and may be
amended as often as deemed necessary by the legislative body. No specific plan may be
adopted or amended unless the proposed plan or amendment is consistent with the City's
General Plan.
C. LOCAL REQUIREMENTS
It is anticipated that certain amendments to the specific plan may be necessary
during the development of the area. Any amendments to the specific plan shall occur in
accordance with the Carlsbad General Plan. The amendment process is described below.
Amendments may be initiated by the City Council or the property owner.
All amendments shall be submitted to the California Coastal Commission for their
review and approval, prior to their enactment, in accordance with the Coastal Act of 1976
and the California Code of Regulations.
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MINOR SPECIFIC PLAN AMENDMENTS
Minor amendments that meet the criteria noted below shall be
reviewed for approval administratively by the Planning Director
a. Expansions or reductions of up to 10% in area may be allowed
by the Planning Director.
b. Realignment or modification of internal streets serving the
project, lot lines, site access locations, easement locations
and grading adjustments, if approved by Planning Director and
City Engineer.
c. Minor modifications that do not change the densities or uses of
the subject property as determined by the Planning Director.
d. Modification of design criteria such as minor architectural style
or detail changes, landscape treatments, fencing, lighting, etc..
provided the modifications are in substantial conformance with
purpose and intent of the design criteria in the Specific Plan; and
with the baseline approval of the subject project.
A Local Coastal Program Amendment will not be required for Minor Specific
Plan Amendments.
2. MAJOR SPECIFIC PLAN AMENDMENTS
All modifications to the Carlsbad Ranch Specific Plan that do not meet
the criteria of a Minor Amendment as determined by the Planning Director
through the criteria listed above shall require a Major Specific Plan
Amendment. Major Amendments to the Carlsbad Ranch Specific Plan shall
be reviewed and acted upon by the City Council, after a recommendation of
the Planning Commission.
This Specific Plan was prepared pursuant to California Government Code Section
65450, et. seq. and is partial implementation of the Mello II Segment of the Local
Coastal Program. All Major Amendments to the Carlsbad Ranch Specific Plan
shall be submitted to the California Coastal Commission for their review and
approval of a corresponding Local Coastal Program Amendment prior to their
enactment in accordance with the Coastal Act of 1976 and the California Code
of RequlationsfTitle 14. Division 5.5; California Coastal Commission
Administrative Regulations).
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Major Amendments to the Specific Plan shall be processed in accordance
with the applicable requirements of law, which include Section 65450, et. seq. of the
California Government Code, the California Coastal Act of 1976, and the California
Code of Regulations (Title 14, Division 5.5; California Coastal Commission
Administrative Regulations).
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