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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 17 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 25 Article 15 of Subchapter 8, Chapter 2, Division 5.5 of Title 14 of the California Code of 26 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 3 relating to the Local Coastal Program Amendment; and 4 <. 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. 10 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. 28 PC RESO NO. 6357 -2- 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 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-