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Home My WebLink About2009-03-18; Planning Commission; Resolution 65461 PLANNING COMMISSION RESOLUTION NO. 6546 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A COASTAL DEVELOPMENT PERMIT AMENDMENT CDP 96- 4 16(D) FOR THE LEGOLAND CALIFORNIA THEME PARK TO 5 PERMIT THE CONSTRUCTION OF A NEW RIDE, LOCATED ON THE NORTH SIDE OF PALOMAR AIRPORT ROAD EAST 6 OF ARMADA DRIVE AND WEST OF THE CROSSINGS DRIVE WITHIN PLANNING AREA 4 OF THE CARLSBAD 7 RANCH SPECIFIC PLAN AND WITHIN THE MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE 13. 9 CASE NAME: LEGOLAND LOST KINGDOM SLIDE CASE NO.: CDP96-16(D) 10 WHEREAS, Merlin Entertainments Holding Inc "Developer" and "Owner," , 2 has filed a verified application with the City of Carlsbad regarding property described as 13 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 14 Diego, State of California, according to map thereof No. 13408, recorded in the Office of the County Recorder of San Diego County on April 1,1997 16 ("the Property"); and 17 WHEREAS, said verified application constitutes a request for a Coastal18 19 Development Permit as shown on Exhibits "A" - "H" dated March 18, 2009, on file in the 20 Planning Department, LEGOLAND LOST KINGDOM SLIDE - CDP 96-16(D), as provided 21 by Chapter 21.201.040 of the Carlsbad Municipal Code; and 22 WHEREAS, the Planning Commission did, on March 18, 2009, hold a duly 23 noticed public hearing as prescribed by law to consider said request; and 24 WHEREAS, at said public hearing, upon hearing and considering all testimony 25 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 27 relating to the CDP. 28 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. 2 B) That based on the evidence presented at the public hearing, the Commission 3 APPROVES LEGOLAND LOST KINGDOM SLIDE - CDP 96-16(D) based on the following findings and subject to the following conditions: Findings: 1. That the proposed development is in conformance with the Certified Local Coastal 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 7 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 vegetation on the property has been preserved and is subject to a Coastal Deed Restriction, and all necessary drainage detention facilities are in place. 10 2. The proposal is in conformity with the public access and recreation policies of Chapter 3 11 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 access ways are affected by development of the inner park area. 14 3. The project is consistent with the provisions of the Coastal Resource Protection Overlay Zone (Chapter 21.203 of the Zoning Ordinance) in that the project will adhere to the 15 City's 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 runoff, pollutants, and soil 17 erosion. No steep 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, 18 floods, or liquefaction. 19 4. 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 project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. 22 Conditions: 23 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a grading permit or building permit, whichever occurs first. 25 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 26 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 27 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. 6546 -2- 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 Coastal Development Permit Amendment. 3 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 <- 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. 6 Any proposed development, different from this approval, shall require an amendment to this approval. 7 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. 9 4. If any condition for construction of any public improvements or facilities, or the payment 10 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 12 unless the City Council determines that the project without the condition complies with all requirements of law. 13 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold 14 harmless the City of Carlsbad, its Council members, officers, employees, agents, and 1 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 16 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 17 discretionary or nondiscretionary, 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 jo 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 20 approval is not validated. 21 6. This approval is granted subject to the approval of SDP 96-14(D) and is subject to all ~~ conditions contained in Planning Commission Resolutions No. 6545 for those other approvals incorporated herein by reference. 23 7. The applicant shall apply for and be issued building permits for this project within two 24 (2) years of approval or this coastal development permit will expire unless extended per Section 21.201.210 of the Zoning Ordinance. 26 8. Prior to the issuance of building permits, the applicant shall apply for and obtain a grading permit issued by the City Engineer. 27 28 PC RESO NO. 6546 -3- 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 NOTICE 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." 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 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 expired. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on March 18, 2009, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Commissioners Baker, Boddy, Cardosa, Dominguez, Douglas, Whitton, and Chairperson Montgomery MARTELL B. MONTG(»rMiiKY, tfgprperson CARLSBAD PLANNING COMMISSION ATTEST: DON NEU Planning Director PC RESO NO. 6546 -4-