HomeMy WebLinkAbout2007-12-05; Planning Commission; Resolution 63571 PLANNING COMMISSION RESOLUTION NO. 6357
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF AN AMENDMENT TO THE
4 IMPLEMENTATION PLAN OF THE MELLO II SEGMENT OF
THE CARLSBAD LOCAL COASTAL PROGRAM
5 AUTHORIZING AN AMENDMENT TO THE CARLSBAD
6 RANCH SPECIFIC PLAN TO ALLOW FOR AN
ADMINISTRATIVE APPROVAL PROCESS FOR LEGOLAND
7 INNER PARK IMPROVEMENTS, MODIFY THE ALLOWED
USES TO INCLUDE OVERNIGHT USES AND TO DEFINE
8 MINOR AND MAJOR SPECIFIC PLAN AMENDMENTS ON
PROPERTY GENERALLY LOCATED NORTH OF PALOMAR
AIRPORT ROAD, SOUTH OF CANNON ROAD, EAST OF
10 PASEO DEL NORTE AND WEST OF THE CROSSINGS
DRIVE IN THE MELLO II SEGMENT OF THE LOCAL
11 COASTAL PROGRAM AND IN LOCAL FACILITIES
MANAGEMENT ZONE 13.
12 CASE NAME: LEGOLAND INNER PARK
13 CASE NO: LCPA 90-08(E)
14 WHEREAS, Merlin Entertainments Group US Holdings, Inc.,
15 "Developer/Owner," has filed a verified application with the City of Carlsbad regarding property
described as
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Lots 18 and 19 of City of Carlsbad Tract 94-09, Carlsbad
18 Ranch-Units 2 and 3, in the City of Carlsbad, County of San
Diego, State of California, according to map thereof No. 13408,
*9 recorded in the Office of the County Recorder of San Diego
2Q County on April 1,1997
21 ("the Property"); and
22 WHEREAS, said verified application constitutes a request for a Local Coastal
23 Program Amendment as shown on Exhibit "X" dated December 5, 2007, attached to Planning
24 Commission Resolution No. 6356, as provided in Public Resources Code Section 30574 and
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Article 15 of Subchapter 8, Chapter 2, Division 5.5 of Title 14 of the California Code of
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Regulations of the California Coastal Commission Administrative Regulations; and
2g WHEREAS, the Planning Commission did on the 5th day of December, 2007,
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 Local Coastal Program Amendment; and
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<. WHEREAS, State Coastal Guidelines requires a six-week public review period
6 for any amendment to the Local Coastal Program.
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.
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B) At the end of the State-mandated six-week review period, starting on September
11 21, 2007 and ending on November 2, 2007, staff shall present to the City Council
a summary of the comments received.
13 C) That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of LEGOLAND INNER PARK - LCPA 90-
14 08(E) based on the following findings, and subject to the following conditions:
1-* Findings:
1. That the proposed Local Coastal Program Amendment meets the requirements of, and is
17 in conformity with, the policies of Chapter 3 of the Coastal Act and all applicable policies
of the Mello II segment of the Carlsbad Local Coastal Program not being amended by
18 this amendment, in that the project is in compliance with the Mello II Land Use
Policies that are applicable to this site including: Policy 1-1 Allowable Land Uses,
19 Policy 2-2 Carlsbad Ranch Specific Plan "Mixed-Uses" Development, Policy 6-4
2Q Overnight camping, Policy 7-10 Parking and Policy 8-5 Signage. The proposed
amendment would not affect Policy 1-1, allowable land uses, since the proposed
21 addition of overnight stay is a use to be included within the specific list of allowed
uses in the Specific Plan and that the Overnight program is consistent with the
22 General Plan and Carlsbad Ranch Specific Plan as a Travel/Recreation Commercial
Land Use. Policy 2-2 of the LCP provides conditional development standards for
^ the Specific Plan area to preserve and protect agricultural uses. The proposed
24 amendments would not affect the standards as the proposed improvements are
within the Legoland Inner Park. Policy 6-4 addresses a need for additional
25 overnight camping as a source of lower cost visitor and recreational facilities. The
overnight stay program has the potential to partially fulfill this policy. Policy 7-10 is
26 regarding parking standards which would not be reduced by the proposed
amendments. The proposed amendments would not affect Policy 8-5, since no
modifications are proposed to the existing Sign Program.
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PC RESO NO. 6357 -2-
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2. That the proposed amendment to the Implementation Plan of the Mello II segment of
the Carlsbad Local Coastal Program is required to bring it into consistency with the
Carlsbad Ranch Specific Plan.
Conditions;
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to building
permit or grading permit issuance, whichever occurs first.
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
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; 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
or a successor in interest by the City's approval of this Local Coastal Program
Amendment.
2. This approval is granted subject to the approval of SP 207(F) and is subject to all
conditions contained in Planning Commission Resolution No. 6356 for the other approval
incorporated herein by reference.
PASSED, APPROVED, AND ADOPTED at a regular meeting to the Planning
Commission of the City of Carlsbad, held on the 5th day of December 2007, by the following
vote, to wit:
AYES: Chairperson Baker, Commissioners Boddy, Cardosa, Dominguez,
Douglas, and Montgomery
NOES:
ABSENT: Commissioner Whitton
JULIE
CARLS
ATTEST:
Chairperson
ANNING COMMISSION
DON NEU
Planning Director
PCRESONO. 6357 -3-