HomeMy WebLinkAbout2009-03-18; Planning Commission; Resolution 65451 PLANNING COMMISSION RESOLUTION NO. 6545
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, FOR A DETERMINATION
THAT THE PROJECT IS WITHIN THE SCOPE OF THE
4 PREVIOUSLY CERTIFIED CARLSBAD RANCH SPECIFIC
5 PLAN AMENDMENT PROGRAM EIR AND THAT THE
PROGRAM EIR ADEQUATELY DESCRIBES THE ACTIVITY
6 FOR THE PURPOSES OF CEQA; AND A REQUEST FOR
APPROVAL FOR A SITE DEVELOPMENT PLAN AMENDMENT
7 FOR THE LEGOLAND CALIFORNIA THEME PARK TO PERMIT
THE CONSTRUCTION OF NEW RIDE, LOCATED ON THE
NORTH SIDE OF PALOMAR AIRPORT ROAD EAST OF
9 ARMADA DRIVE AND WEST OF THE CROSSINGS DRIVE
WITHIN PLANNING AREA 4 OF THE CARLSBAD RANCH
10 SPECIFIC PLAN AND WITHIN THE MELLO II SEGMENT OF
THE LOCAL COASTAL PROGRAM AND LOCAL FACILITIES
11 MANAGEMENT ZONE 13.
j 2 CASE NAME: LEGOLAND LOST KINGDOM SLIDE
CASE NO.: SDP 96-14(D)
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WHEREAS, Merlin Entertainments Holding Inc "Developer" and "Owner,"
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has filed a verified application with the City of Carlsbad regarding property described as
16 Lots 18 and 19 of City of Carlsbad Tract 94-09, Carlsbad
Ranch-Units 2 and 3, in the City of Carlsbad, County of San
17 Diego, State of California, according to map thereof No. 13408,
recorded in the Office of the County Recorder of San Diego
18 County on April 1,1997
19 ("the Property"); and
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WHEREAS, said verified application constitutes a request for a Site Development
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Plan Amendment as shown on Exhibits "A" - "H" dated March 18, 2009, on file in the
23 Planning Department, LEGOLAND LOST KINGDOM SLIDE - SDP 96-14(D) as provided
24 by Chapter 21.06/Section 21.53.120 of the Carlsbad Municipal Code; and
25 WHEREAS, the Planning Commission did, on March 18, 2009, hold a duly
26 noticed public hearing as prescribed by law to consider said request; and
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WHEREAS, at said public hearing, upon hearing and considering all testimony
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and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
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relating to the Site Development Plan Amendment.4
5 WHEREAS, on May 20, 1997, The City Council approved, SDP 96-14, as
6 described and conditioned in City Council Resolution Number 97-670 and was most recently
amended (SDP 96-14(B) on January 18, 2006 by the Planning Commission as described and
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conditioned in Planning Commission Resolution No. 6024.
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
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Commission of the City of Carlsbad as follows:
12 A) That the foregoing recitations are true and correct.
13 B) That based on the evidence presented at the public hearing, the Planning
Commission APPROVES LEGOLAND LOST KINGDOM SLIDE - SDP
96-14(D) based on the following findings and subject to the following
, c conditions:
16 Findings:
17 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
1 ° not be detrimental to existing uses or to uses specifically permitted in the area in which
, Q the proposed use is to be located, and will not adversely impact the site, surroundings or
traffic circulation, in that the project design complies with the requirements of the
20 Carlsbad Ranch Specific Plan. Development of the proposed area will not encroach
into the required building and landscape setbacks for the perimeter of the site. The
21 required building and landscape setbacks provide an appropriate buffer between
the LEGOLAND Park and existing, as well as future, development.
2. That the site for the intended use is adequate in size and shape to accommodate the use, in
that all applicable code requirements have been met. All required parking has been
24 constructed and the infrastructure needs of the inner park development were
planned for with the initial park construction.
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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
27 provided and maintained, in that screen walls, berming and landscaping have been
constructed to screen service areas for the park. The project design includes
28 additional berming and landscaping in the area proposed for development adjacent
to the service road to screen views from within the visitor areas of the Inner Park to
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necessary park facilities and infrastructure not intended to be viewed by guests.
2 Adequate vehicle and bus turning movements were included on-site with the
construction of initial improvements. A service road was constructed around the
3 perimeter of the Inner Park for operational needs and emergency vehicle access.
Several access points were provided to the service road for emergency vehicles.
4 Pedestrian connections were also constructed to the overall pedestrian circulation
- system of the Carlsbad Ranch.
g 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
7 the original circulation analysis prepared for program EIR 94-01 for the Carlsbad
Ranch Specific Plan. The circulation analysis considered the buildout of the park
and the corresponding attendance levels with park buildout.
9 5. The Planning Director has determined that:
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a. the project is a subsequent activity of a project for which a program EIR was
11 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 program
12 EIR adequately describes the activity for the purposes of CEQA) [15168(c)(2) and
, T (e)] and/or
14 b. this project is consistent with the project cited above;
15 c. Program Environmental Impact Report (EIR 94-01) for Carlsbad Ranch Specific
Plan Amendment was certified in connection with the prior project or plan;
17 d. the project has no new significant environmental effect not analyzed as significant in
the prior EIR;
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e. none of the circumstances requiring a Subsequent EIR or a Supplemental EIR under
19 CEQA Guidelines Sections 15162 or 15163 exist;
20 6. The Planning Commission finds that the project, as conditioned herein, is in
21 conformance with the Elements of the City's General Plan, Carlsbad Ranch Specific
Plan SP 207 based on the facts set forth in the staff report dated March 18,2009.
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7. The project is consistent with the Citywide Facilities and Improvements Plan, the
23 Local Facilities Management Plan for Zone 13 and all City public facility policies and
24 ordinances. The project includes elements or has been conditioned to construct or
provide funding to ensure that all facilities and improvements regarding sewer
25 collection and treatment; water; drainage; circulation; fire; schools; parks and other
recreational facilities; libraries; government administrative facilities; and open space,
26 related to the project will be installed to serve new development prior to or concurrent
with need. Specifically,
2g 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.
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b. A growth management park fee of 40 cents per square foot of non-residential
2 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
3 employees within Zone 13.
4 c. 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.
6 8. The project is consistent with the adopted Airport Land Use Compatibility Plan for
the McClellan-Palomar Airport (ALUCP), dated October 2004, in that the project is
7 compatible with the projected noise levels of the ALUCP; and, based on the
noise/land use compatibility matrix of the ALUCP, the proposed land use is
° compatible with the airport in that areas of the site are within the 60 and 65 CNEL
o noise contours and the park was considered a compatible land use at these noise
levels.
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9. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal
11 Code Section 14.28.020 and Landscape Manual Section I B).
12 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 to mitigate impacts caused by or reasonably related to the
14 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:
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,7 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a
grading permit or building permit, whichever occurs first.
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1. If any of the following conditions fail to occur, or if they are, by their terms, to be
19 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
21 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
22 property title; institute and prosecute litigation to compel their compliance with said
conditions of seek damages for their violation. No vested rights are gained by Developer
or a successor in interest by the City's approval of this Site Development Plan
24 Amendment.
25 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
26 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. 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
2 regulations in effect at the time of building permit issuance.
3 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
^ challenged, this approval shall be suspended as provided in Government Code Section
r 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
6 all requirements of law.
7 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
9 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
10 Amendment, (b) City's approval or issuance of any permit or action, whether
discretionary or nondiscretionary, in connection with the use contemplated herein, and
(c) Developer/Operator's installation and operation of the facility permitted hereby,
12 including without limitation, any and all liabilities arising from the emission by the
facility of electromagnetic fields or other energy waves or emissions. This obligation
13 survives until all legal proceedings have been concluded and continues even if the City's
approval is not validated.
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6. Developer shall submit to the Planning Director a reproducible 24" x 36" mylar copy of
the Site Plan reflecting the conditions approved by the final decision-making body.
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7. Developer shall include, as part of the plans submitted for any permit plancheck, a
17 reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawing
format (including any applicable Coastal Commission approvals).18
19 . 8. Approval is granted for SDP 96-14(D) as shown on Exhibits "A" - "H", dated March
18, 2009, on file in the Planning Department and incorporated herein by reference.
20 Development shall occur substantially as shown unless otherwise noted in these
conditions.
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_„ 9. 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
23 school facilities.
24 10. 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
25 following:
27 A growth management park fee of 40 cents per square foot of non-residential
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.
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11. This approval is granted subject to the approval of Coastal Development Permit
2 Amendment CDP 96-16(D) and is subject to all conditions contained in Planning
Commission Resolutions No. 6546 for those other approvals incorporated herein by
3 reference].
12. This approval shall become null and void if building permits are not issued for this
5 project within 24 months from the date of project approval.
6 13. Building permits will not be issued for this project unless the local agency providing
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
„ 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.
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14. Developer shall construct and install all landscaping as shown on the approved plans, and
10 maintain all landscaping in a healthy and thriving condition, free from weeds, trash, and
debris.
12 15. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy
#17, the License Tax on new construction imposed by Carlsbad Municipal Code Section
13 5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by
Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable
Local Facilities Management Plan fee for Zone 13, pursuant to Chapter 21.90. All such
< - taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this
approval will not be consistent with the General Plan and shall become void.
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16. Show in the building plans the top-of-pipe and bottom-of-footing elevations at all utilities
17 crossings located under the structure and retaining wall. Submit a letter from a Soils
Engineer stating that the superimposed loads will not cause failure of the existing utilities
and recommendations for protection measures, if any.
19 17. Developer shall comply with the City's Stormwater Regulations, latest version, and shall
20 implement best management practices at all times. Best management practices include
but are not limited to pollution treatment practices or devices, erosion control to prevent
silt runoff during construction, general housekeeping practices, pollution prevention and
educational practices, maintenance procedures, and other management practices or
devices to prevent or reduce the discharge of pollutants to stormwater, receiving water or
23 stormwater conveyance system to the maximum extent practicable. Developer shall notify
prospective owners and tenants of the above requirements.
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18. Developer shall incorporate Low Impact Development (LID) design techniques, on all
final design plans submitted to the City, to reduce the amount of run-off by mimicking
26 the natural hydrologic function of the site by preserving natural open-spaces and natural
drainage channels, minimizing impervious surfaces, promoting infiltration and
27 evaporation of run-off before run-off leaves the site. Developer shall incorporate LID
techniques using current County of San Diego Low Impact Development Handbook
(Stormwater Management Strategies). LID techniques include, but are not limited to:
vegetated swale/strip, rain gardens, and porous pavement, which can greatly reduce the
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volume, peak flow rate, velocity and pollutants.
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19. Developer shall complete and submit to the City Engineer a Project Threat Assessment
3 Form (PTAF) pursuant to City Engineering Standards. Concurrent with the PTAF,
Developer shall also submit the appropriate Tier level Storm Water Compliance form and
Tier level Storm Water Pollution Prevention Plan (SWPPP) as determined by the
«- completed PTAF all to the satisfaction of the City Engineer.
6 Code Reminders:
7 20. Approval of this request shall not excuse compliance with all applicable sections of the
Zoning Ordinance and all other applicable City ordinances in effect at time of building
° permit issuance, except as otherwise specifically provided herein.
NOTICE10
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
12 "fees/exactions."
13 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
16 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
19 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
20 expired.
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1 PASSED, APPROVED, AND ADOPTED at a regular meeting of the planning
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Commission of the City of Carlsbad, California, held on March 18, 2009, by the following vote,
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to wit:4
<- AYES: Commissioners Baker, Boddy, Cardosa, Dominguez, Douglas,
Whitton, and Chairperson Montgomery
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NOES:
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ABSENT:8
9 ABSTAIN:
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MARTELL B. MONTGOMERY, Mirperson
CARLSBAD PLANNING COMMISSION
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14 ATTEST:
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17 DONNEU
Planning Director18
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