Loading...
HomeMy WebLinkAbout2000-05-16; City Council; 15742 Exhibit 4; Legoland California Expansion Areas 1 & 3- EXHIBIT 4 l ‘I ne City of Carlsbad Planning Department ‘A REPORT TO THE PLANNING COMMISSION@ / * Item No. 0 4 Application complete date: January 19, 2000 P.C. AGENDA OF: April 19,200O / Project Engineer: Frank Jimeno SUBJECT: SDP 96-14(A)/CDP 96-16(A) - LEGOLAND CALIFORNIA EXPANSION AREAS 1 & 3 - Request for a recommendation of approval of Mitigated Negative Declaration, Addendum and Mitigation Monitoring and Reporting Program, a Site Development Plan Amendment and Coastal Development Permit Amendment for the LEGOLAND California Theme Park to: (1) Increase the maximum building height limit to 45 feet as provided for in the Carlsbad Ranch Specific Plan; (2) To permit the construction of a Duplo Junior Coaster and related improvements on Inner Park Expansion Area 1; (3) To permit the construction of six rides and attractions on Inner Park Expansion Area 3; and (4) To permit the construction of the Batflyer Ride in the Castle Hill Cluster on the approximately 128 acre LEGOLAND California Theme Park located on the north side of Palomar Airport Road east of Armada Drive and west of Hidden Valley Road within Planning Area 4 of the Carlsbad Ranch Specific Plan in the Coastal Zone and Local Facilities Management Zone 13. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolutions No. 4754, 4755 and 4756, RECOMMENDING APPROVAL of a Mitigated Negative Declaration, Addendum and Mitigation Monitoring and Reporting Program, SDP 96-14(A) and CDP 96-l 6(A), based on the findings and subject to the conditions contained therein. II. INTRODUCTION The initial phase of the LEGOLAND California Theme Park was completed in March of 1999. Approximately 113 acres of the 128 acre site were developed during the original construction including rides, attractions, food, retail, parking, landscaping, administration and support uses. Approximately 15 acres of undeveloped Inner Park land remain for future expansion of rides and attractions. Four locations for future expansion are identified on the approved Site Development Plan and Coastal Development Permit as “Expansion Areas 1, 2, 3 and 4”. No detailed plans were developed for the expansion areas during the original approval of the Site Development Plan and Coastal Development Permit for the park. This proposal to amend the LEGOLAND Site Development Plan and Coastal Development Permit consists of the following four parts: 1) Increase the maximum building height from thirty-five (35) feet to forty-five (45) feet by complying with provisions contained in the Carlsbad Ranch Specific Plan. Allowed height . SDP 96- 14(A)/CDP 96-l+(A) - LEGOLAND CALIFORNIA EXPdSION AREAS 1 & 3 April 19,200O protrusions would be permitted to a height of fifty-five (55) feet from the present height maximum of forty-five (45) feet. 2) A Site Plan for “Expansion Area 1” to permit the construction of the Duplo Junior Coaster with related improvements including, grading, utilities, walkways, and landscaping on a 0.6 acre area. 3) A Site Plan for “Expansion Area 3” to permit the construction of six proposed rides and attractions to include the Technic Track Ride, Aviator, Caterpillar, Spinning Cups, Typhoon, and Aqua Drag, a 3,200 square foot retail shop building, a 5,510 square foot restaurant building, relocation of the existing nursery shade structure, grading, utilities, walkways, and landscaping on an approximately 3.8 acre area. Also proposed are minor modifications to the parking lot to relocate spaces to accommodate increased landscape setbacks required to adjust the building height for the site. 4) A Site Plan to replace an attraction called the Breath Taker which was never constructed with the Batflyer Ride that reaches a maximum height of forty-five (45) feet. A Mitigated Negative Declaration is proposed containing a mitigation measure for traffic/circulation related to the Palomar Airport Road/El Camino Real intersection. The Mitigated Negative Declaration relies on the Program Environmental Impact Report (EIR 94-01) certified for the project. The proposed amendments are in compliance with all applicable plans, ordinances, standards and policies. The Carlsbad Ranch Specific Plan requires that the City Council make the final decision to approve or disapprove the allowance for building height to exceed thirty-five (35) feet and provides that the Planning Commission has the right to refer any substantial amendments of a controversial nature to the City Council. Since the proposed development relies on the increased height limit, staff is suggesting that the entire proposal be reviewed by the Planning Commission and forwarded to the City Council with a recommendation. III. PROJECT DESCRIPTION AND BACKGROUND The applicant is requesting that the Planning Commission recommend’ approval of a site development plan amendment and a coastal development permit amendment for the LEGOLAND California Theme Park to permit the following: (1) Increase the maximum building height from thirty-five (35) feet to forty-five (45) feet; (2) A site plan for “Expansion Area 1”; (3) A site plan for “Expansion Area 3” and; (4) A Site Plan for the proposed Batflyer Ride in the Castle Hill Cluster. The site development plans for Expansion Areas 1 and 3 represent the next incremental phases LEGOLAND will take toward build-out. The two expansion areas total approximately 4.4 acres of the remaining 15 acres of expansion area available in the park. Each of the four amendments are described in further detail below. Building Height This amendment proposal includes a request to increase the maximum building height for the park from thirty-five (35) feet to forty-five (45) feet, with allovved height protrusions permitted to a height of up to fifty-five (55) feet from the present height maximum of forty-five (45) feet. The SDP 96-14(A)/CDP 96-1+(A) - LEGOLAND CALIFORNIA EXPKI\ISION AREAS 1 & 3 April 19,200O Page 3 Carlsbad Ranch Specific Plan provides for this increase in building height through a Site Development Plan approved by the City Council. The specific plan lists certain conditions that must be satisfied to allow the height increase, the primary one being that the landscape setbacks be increased at a ratio of one horizontal foot for every one foot of vertical construction beyond thirty-five (35) feet. The proposed increase in building height is needed in order to install several of the attractions shown on the proposed expansion plans, as well as permit rides and attractions up to forty-five (45) feet for future expansions and installations. The proposed height increase is specifically for the currently proposed development; however, increasing the perimeter setback physically makes it possible to propose additional development at the higher limit subject to City Council approval of a future Site Development Plan Amendment. This proposal is analyzed in a latter section of this report. West Expansion Area # 1 Expansion Area 1, referred to as the “West Expansion Area 1,” is located in the DUPLO Cluster in the southwestern comer of the Inner Park. The expansion area is approximately 0.6 acres in size and is currently vacant. Proposed for this area is a small roller coaster, designed for children in the age range of three to six years old. The attractions in the DUPLO Cluster focus on the youngest age group in the park and this ride will complement the other attractions which include the Fairytale Brook, Safari Ride, Waterworks, Magic Theater and DUPLO PlayTown. For comparison purposes, the maximum speed and G-force of the proposed DUPLO Junior Coaster as compared with the existing Castle Coaster is shown in the table below. Proposed DUPLO Junior Coaster Existing Castle Coaster Ride Max Speed 23 feetlsec (16 mph) 39.4 feet/set (27 mnh) Max Lateral G-Force Max Vertical G-Force 2.0 g 0.7 g 2.3 g The proposed attraction will be designed with LEG0 features consistent with the existing cluster design theme, the “Imaginary Garden of the Child.” Design centers around the DUPLO toy product line are characterized by oversized LEG0 bricks, bright primary colors and playful, interactive activities for young children. The DUPLO Junior Coaster will be effectively screened from view from the parking lot and other off-site areas by existing berms heavily planted with trees. Additional berms and landscaping are proposed to further enhance the area. East Expansion Area #3 East Expansion Area 3 is located at the southeastern comer of the Inner Park, adjacent to the Imagination Centre and south of the Castle Hill Cluster. This expansion area is approximately 3.8 acres in size and is envisioned as an extension of the Imagination Centre Cluster. The existing Imagination Centre is one of the smaller clusters in the park and includes a number of workshops emphasizing learning, exploration, creativity and hands-on interactive play. The existing cluster has only one ride, therefore, one of the primary objectives for expansion is to SDP 96- 14(A)/CDP 96- 1 s(A) - LEGOLAND CALIFORNIA EXPASION AREAS 1 & 3 April 19,200O provide ride capacity in an area of the park where this is currently lacking. The expansion plan includes a mix of rides that will provide a complement to the more passive existing attractions in the Imagination Centre. A summary of the main elements of the East Expansion Area 3 site plan is as follows: n Approximate acreage: 3.8 ac (168,400 sq. ft.). n Proposed building coverage: 8,710 sq. ft. (5% coverage for the Expansion Area. Total park building coverage is approximately 3.4%). n Proposed hardscape coverage: approximately 42,500 sq. ft. (25%). n Proposed landscape coverage: approximately 72,000 sq. ft. (43%). n Two proposed facilities: One 3,200 sq. ft. retail shop, one 5,510 sq. ft. food and beverage facility. W Six proposed rides and attractions: Technic Track Ride, Aviator, Caterpillar, Spinning Cups, Typhoon, and Aqua Drag. n Relocation of the existing nursery shade structure. n Miscellanous ancillary uses to serve the above listed improvements (service access, trash enclosures, mechanical equipment, food and retail carts, etc.). Guests will enter the expansion area at the south from the Imagination Centre and at the north from the Castle Hill Cluster. Service, fire emergency and maintenance access is from the existing service road bordering the site along the east and south. The theme of the rides, attractions and facilities in the expansion area will be consistent with the existing Imagination Centre Cluster. This cluster is characterized by its exuberance and creativity where the unlimited possibilities of imagination are celebrated. The extensive use of bright LEG0 colors and the fanciful and wild juxtapositions of LEG0 models are part of the theme of the Imagination Centre. Design inspiration comes from specific LEG0 toy product lines, such as LEG0 TECHNIC, LEG0 MINDSTORMS, and AQUAZONE. The proposed TECHNIC Track Ride is a family roller coaster of classic design. The ride will be themed in the LEG0 TECHNIC toy line. The coaster will be of comparable speed and excitement as the existing Castle Coaster. For comparison purposes, following are the speed and G-Force of the two rides: Proposed Technic Track Ride Existing Castle Coaster Ride Max Speed 41 .O feet/set (28 mph) 39.4 feetlsec (27 mnh) Max Lateral G-Force Max Vertical G-Force 1.5 g 3.0 g 0.7 g 2.3 g The maximum height of the TECHNIC Track Ride is proposed at forty-five feet (maximum track height). This ride necessitates the height limit increase requested as part of this application. The Aviator consists of a telescoping tower to which the ride vehicles are suspended. The vehicles rotate around the tower as it rises into the air. The rider can alter the flight pattern for an interactive experience. The maximum height of the tower at full extension will be 45 feet. This 6DP 96-14(A)/CDP 96-14(A) - LEGOLAND CALIFORNIA EXPANSION AREAS 1 & 3 April 19,200O Page 5 ride also requires the height limit increase requested as part of the site development plan amendment. Both the Caterpillar and Typhoon are rides for the younger age group. The ride experience is one of a rotating, up and down movement on a rotating platform. The name and theme of these rides is tentative, but will be derived fi-om LEG0 elements. The Spinning Cups ride is a new LEG0 twist on the popular “Tea Cup” ride. Themed as a spinning collection of LEG0 TECHNIC gears and wheels, the guest can control the speed and rotation of this vehicle. The Aqua Drag is composed of water troughs in which ride vehicles slide down an incline. Riders compete against the clock or each other for the best time down the slide. All of the above rides will be designed and developed consistent with the established LEG0 colors, materials and textures in the existing park. Rides and attractions include exterior queue lines with some portion of the queue covered for sun protection. Batflyer Ride Proposed for the Castle Hill Cluster The Batflyer Ride is proposed as a replacement for an attraction approved in the Castle Hill Cluster. The Castle Hill Cluster is located in the northeast comer of the Inner Park. The cluster includes rides and activities for a variety of age levels. The area for this attraction currently has mature trees which will partially screen the attraction. The attraction is a coaster type ride where the ride vehicle is suspended from the track above. The ride vehicle is raised by mechanical equipment which operates similar to an elevator and then released onto the track where the vehicle is able to complete the entire course based on the incline of the track and the speed achieved by releasing the vehicle onto the tallest point of track. The following table is provided to enable a comparison of the maximum speed and G-force of the proposed Batflyer with the existing Castle Coaster. Proposed Batflyer Existing Castle Coaster Ride Max Speed Max Lateral G-Force Max Vertical G-Force 26.25 feet/set (18 mph) 0.7 g 1.4 g 39.4 feet/set 0.7 g 2.3 g (27 mph) The proposed ride will be designed with LEG0 features compatible with the cluster design theme. The track for the Batflyer will be painted dark blue/black and the columns will be painted brown. Information Applicable to Expansion Areas 1 and 3 and the Bafflyer Ride Location Landscaning: Extensive landscaping is an important attraction of LEGOLAND and the expansion areas will be planted to complement the theme of each cluster and attraction. New berms between the expansion areas and the perimeter service road are proposed and will be heavily planted with trees and shrubs to screen views of the adjacent administration, service, and C SDP 96-14(A)/CDP 96-14(A) - LEGOLAND CALIFORNIA EXPANSION AREAS 1 & 3 April 19,200O Outer Park areas. Pavement of walkways and plazas will reflect colors and textures appropriate to each attraction and will include interlocking pavers, colored and textured concrete and asphalt. Railings and fencing will be of the same designs and colors already established in the park. Grading: The existing expansion sites are currently vacant. The sites were mass graded during the initial construction of the park. Grading is proposed to prepare the sites for the new facilities, rides and attractions. The estimated grading quantities are as follows: Expansion Area 1: Expansion Area 3; Batflyer Ride Total Amount of cut: 900 cubic yards 15,000 cy 400 cy 16,300 cy (cy) Amount of Fill: 900 cy 5,000 cy 400 cy 6,300 cy Net 0 10,000 cy 0 10,000 cy export import/export: LEGOLAND proposes to dispose of the net export soil at an off-site location to be determined when grading is scheduled (via a “soil broker” and/or contractor that has need of fill soil for other projects). If no suitable off-site disposal is available at the time of grading, the export can be retained on the LEGOLAND site at the northern Expansion Area #2, which is currently vacant. Ten thousand cubic yards of export, if spread over the northern expansion area, would raise that area by approximately one foot. Drainage. Erosion Control and Storm Water Manapement: All storm water runoff and drainage from within the expansion areas will be collected in an underground drainage system as an extension of the existing park-wide system. Drainage systems for the expansion areas will be connected to existing storm drain main lines which were previously installed for this purpose during the initial construction of the park. All drainage from the expansion areas will discharge into the existing detention basin located along the southern boundary of the site adjacent to Palomar Airport Road. Hydrologic calculations, design and detail for the basin and park wide drainage system were included in the original grading and drainage plans for the park. The detention basin and storm drain system was designed to accommodate the drainage flows from future development of the expansion areas. Site development of the expansion areas will entail installation of secondary drainage systems, including area drains, catch basins and associated piping. Runoff is discharged into the detention basin for purposes of desiltation and pollution control in accordance with the standards and requirements of the City of Carlsbad and with the Federally mandated requirements of the National Pollution Discharge Elmination System (NPDES) Storm Water Program. Applicable Regulations The proposed project is subject to the following plans, ordinances and standards as analyzed within the following section of this staff report: A. Travel/Recreation Commercial (T-R) General Plan Land Use Designation; B. Commercial - Tourist, Qualified Development Overlay Zone (C-T-Q); 3-6 SDP 96- 14(A)/CDP 96-14(A) - LEGOLAND CALIFORNIA EXPdSION AREAS 1 & 3 April 19,200O Page 7 C. Carlsbad Ranch Specific Plan (SP 207(D)); D. Development Agreement (DA 94-01); E. Site Development Plan findings required by the Qualified Development Overlay Zone - Carlsbad Municipal Code, Chapter 2 1.06, Section 2 1.06.020; F. Comprehensive Land Use Plan for McClellan-Palomar Airport; G. Mello II Segment of the Local Coastal Program and the Coastal Resource Protection Overlay Zone - Carlsbad Municipal Code, Chapter 21.203; and H. Growth Management Ordinance (Local Facilities Management Plan Zone 13). IV. ANALYSIS The recommendation for approval for this project was developed by analyzing the project’s consistency with the applicable policies and regulations listed above. Therefore, this section will cover the project’s compliance with each of the regulations listed above in the order in which they are presented. A. & B. General Plan and Zoninp The existing General Plan and Zoning designations for the site were adopted concurrently with the Carlsbad Ranch Specific plan to achieve consistency. The Travel/Recreation Commercial (T- R) General Plan Land Use Designation provides for the use as the category addresses commercial uses that provide for visitor attractions and commercial uses. The specific plan implements the General Plan on the project site and includes required circulation improvements and provisions for alternative modes of transportation such as public bus, bicycle, and pedestrian facilities which have been constructed. Zoning for the site is Commercial - Tourist, Qualified Development Overlay Zone (C-T-Q). The specific plan list of uses modifies the permitted uses allowed for the site. The Q-Overlay designation on the zoning map requires the approval of a site development plan. This is consistent with the specific plan which was established with the requirement that each site require approval of a site development plan. C. Carlsbad Ranch SDecific Plan The Carlsbad Ranch Specific Plan establishes the permitted uses for the site as well as the development standards and design guidelines. The specific plan contains standards for permitting the requested building height upon approval by the City Council of a Site Development Plan. The proposed building height increase will be analyzed in the Site Development Plan Section of this report. The project plans comply with the requirements of the specific plan. The permitted uses for the project site include an entrance facility; toll “plaza”; retail shops; restaurants, service buildings associated with park activities; business and administration offices related to park activities; indoor and outdoor facilities related to entertainment and education, but not including high speed thrill rides (those rides typically oriented towards the teenage and young adult audience) for children; water features; lakes; landscaped areas; guest services and facilities; parking; and other related uses. The uses proposed for the site are within the list of permitted uses. Based on the speed and other data SDP 96- 14(A)/CDP 96-1+(A) - LEGOLAND CALIFORNIA EXPANSION AREAS 1 & 3 April 19,200O provided for the proposed coaster rides as compared to the existing castle coaster staff believes the proposal still complies with the prohibition of high speed thrill rides oriented towards the teenage and young adult audience. The development standards of the Carlsbad Ranch Specific Plan have been complied with. The required park perimeter landscape, building, and parking area setbacks have been complied with. Landscape setbacks will be increased in areas to satisfy the standards applicable to the proposed increase in building height and have been depicted on the project exhibits. All parking required for build-out of LEGOLAND was improved with the initial construction including the overflow parking lot. Perimeter fencing and walls are also existing for the entire park. D. DeveloDment Agreement The Development Agreement for LEGOLAND defines the “Applicable Rules” as being the Specific Plan and the other project approvals such as the General Plan Amendment, Local Coastal Plan Amendment, Zone 13 Local Facilities Management Plan and other approvals related to the original project. As demonstrated in this report the project complies with all of the plans listed and as a result satisfies the requirements of the Development Agreement. E. Site DeveloDment Plan Findinw Reauired Bv The 0-Overlav Zone The Qualified Development Overlay Zone (Q-Overlay) which is part of the zoning designation for the property requires that a site development plan be approved for the proposed development prior to the issuance of any building permits. Four findings are required for the Q-Overlay Zone. The required findings with justification for each are contained in the Planning Commission Resolution for the project. In addition, the Carlsbad Ranch Specific Plan requires City Council approval of a Site Development plan for building height to exceed thirty-five feet and height protrusions to exceed a height of forty-five feet. With City Council approval building height may be permitted to a maximum height of forty-five feet and architectural protrusions can be constructed to a height of fifty-five feet. This section summarizes the necessary findings and support for each. The requested use is properly related to the site, surroundings and environmental settings as the project design complies with the requirements of the Carlsbad Ranch Specific Plan as demonstrated in Section “C” of this report. Development of the proposed expansion areas will not encroach into required building and landscape setbacks established for the perimeter of the site. The required setbacks provide an appropriate buffer between the LEGOLAND Park and existing and future development. The site is also adequate in size and shape to accommodate the use as all applicable code requirements have been met. Total building coverage on the site is only 3.4 percent and total landscape coverage is 49 percent of the total site area. All required parking has been constructed and the infrastructure needs of the expansion areas were planned for with the initial park construction. All features necessary to adjust the use to existing and permitted future uses will be provided. Screen walls, berming and landscaping have been constructed to screen service areas for the park. The project design includes additional berming and landscaping in the areas of proposed development adjacent to the service road to screen views from within the visitor areas of the Inner Park to necessary park facilities and infrastructure not intended to be viewed by guests. SDP 96-14(A)/CDP 96-l +\A) - LEGOLAND CALIFORNIA EXPtiSION AREAS 1 & 3 April 19,200O Page 9 Adequate vehicle circulation has been provided to accommodate vehicle, truck, recreational vehicle and bus turning movements on-site with the construction of existing improvements. A service road was constructed around the perimeter of the Inner Park for operational needs and emergency vehicle access. Several access points were provided to the service road for emergency vehicles. Pedestrian connections were also constructed to the overall pedestrian circulation system of the Carlsbad Ranch. The planned street system is adequate to handle all traffic generated by the use with the addition of a mitigation measure requiring payment of the project’s fair share for the “short-term improvements” to the El Camino ReaVPalomar Airport Road intersection prior to the issuance of a building permit. The proposed expansion areas were included in the original circulation analysis prepared for Program EIR 94-01 for the Carlsbad Ranch Specific Plan. The circulation analysis considered the build-out of the park and the corresponding attendance levels with park build-out. In regard to the request to increase the building height for the project four findings must be made by the City Council to permit the height increase. The four findings and support for each are contained in the Planning Commission Resolution for the Site Development Plan and are summarized in this section. LEGOLAND requests the increase in building height in order to install several of the attractions shown on the currently proposed expansion plans, as well as permit rides and attractions up to forty-five feet for future expansions and installations upon the approval of a future Site Development Plan Amendment. The increased building height should have no detrimental effect on surrounding properties, as the overall intensity of vertical development on the LEGOLAND site is very low given the large size of the property and the distance that rides and attractions are located from adjacent properties. The boundaries of the Inner Park are approximately 1,400 feet from the right-of-way of Palomar Airport Road. The fence line for the Inner Park is 200 feet from the western property line. The landscape setback from the northern property line is a minimum of 45 feet and 30 feet from the eastern property line. The increased height is requested for ride tracks and related components not buildings. No change to current night lighting is proposed except for new lighting for the expansion areas. Inner Park lighting is predominantly of a pedestrian scale. The first finding limits buildings to a maximum of three stories. Development of the proposed expansion areas contain no buildings which would exceed the three story maximum. The requested height limit increase is needed to accommodate Inner Park attractions and is not needed at this time for buildings. The second finding requires that all required setbacks be increased at a ratio of one horizontal foot for every one foot of vertical construction beyond thirty-five feet. The additional setback area is required to be landscaped. The proposed Site Development Plan Amendment includes modifications to areas of the site including the parking area to accommodate the increased landscaped setback. There are several areas where the service road presently exists within the area of the increased setback and because of existing development cannot be relocated. Because the service road is also a required emergency access road, the increased building separation from the exterior property line is provided, and the fact that the park contains extensive landscape setbacks staff believes this standard has been satisfied. The third finding requires compliance with additional building and fire code provisions for buildings over 35 feet in height. The increased building height is needed for proposed attractions 53 ,- SDP 96-14(A)/CDP 96-14(A) - LEGOLAND CALIFORNIA EXP/uVSION AREAS 1 & 3 April 19,200O not buildings. Emergency access requirements will be accessed and implemented where necessary during building plancheck. The fourth and final finding establishes the maximum building height at 45 feet with the exception of architectural protrusions and exhibits which may be permitted up to 55 feet in height. The proposed development complies with these height maximums. F. Comurehensive Land Use Plan For McClellan - Palomar AirDort The project site is located within the Airport Influence Area for McClellan-Palomar Airport. Areas of the project site are within the 60 and 65 CNEL noise contours. The site is approximately 5,000 feet west of the airport. The airport land use plan identifies the use as being compatible with the noise levels for the site. The project was sent to SANDAG staff and the Palomar Airport Manager for review. SANDAG staff determined the proposed amendments to be consistent with the airport land use plan. A Notice Concerning Aircraft Environmental Impacts was previously required as a condition of the original approval and was recorded on August 14, 1997. G. Mello II Segment Of The Local Coastal ProPram And The Coastal Resource Protection Overlav Zone As designed, the proposed project and the initial construction is consistent with the relevant policies of the Mello II Segment of the Local Coastal Program. The Carlsbad Ranch Specific Plan serves as partial implementation for the Mello II Segment for the project site, and the Coastal Resource Protection Overlay Zone (Zoning Ordinance Section 21.203). The proposal is consistent with the requirements contained within both of these documents. The project site was previously graded and the majority of the total site area is presently developed. No steep slopes or native vegetation exist on the areas of the site currently proposed for development. The project will not have drainage impacts on coastal resources as the project includes a detention basin within the 150’ landscape setback from Palomar Airport Road. National Pollutant Discharge Elimination System facilities to separate oil and other contaminants from site runoff are in place. H. Growth Management Ordinance &FMP - Zone 131 The proposed project is located within Local Facilities Management Zone 13 in the northwest quadrant. The impacts on public facilities created by this project and compliance with the adopted performance standards are summarized as follows: FACILITY Citv Administration IMPACTS N/A COMPLIANCE WITH STANDARDS Yes Library Wastewater Treatment Canacitv Parks Drainage N/A Yes 53 EDU Yes $.4O/sq. ft. Yes Basin C Yes SDP 96-l 4(A)/CDP 96-14(A) - LEGOLAND CALIFORNIA EXPANSION AREAS 1 & 3 April 19,200O Page 11 Circulation Fire Open Space Schools 6,630 Total ADT - Avg. Fri. 10,680 ADT - Avg. Sun Station 4 N/A Payment of non-residential school fee at building permit issuance Yes Yes Yes Yes Sewer Collection System 53 EDU Water Distribution System N/A Yes Yes V. ENVIRONMENTAL REVIEW Development of the entire LEGOLAND project site was analyzed in the Program Environmental Impact Report (EIR 94-01) certified for the Carlsbad Ranch Specific Plan Amendment and related applications on January 9, 1996, by the City Council. A Statement of Overriding Considerations was adopted for cumulative impacts to air quality, agriculture, and traffic which cannot be fully mitigated. The cumulative impacts are regional in nature and occur in areas outside the jurisdiction of the City. All applicable mitigation measures from the EIR have been implemented with the initial construction on the LEGOLAND site. A Mitigated Negative Declaration was prepared for the project. The City has received its annual Growth Management Traffic Monitoring Report. The Report has recorded an unanticipated intersection “level of service” (LOS) failure at Palomar Airport Road and El Camino Real during both the a.m. and p.m. peak hours. This potentially creates a changed circumstance negating reliance on previous environmental documentation. Pursuant to $15 162 of the CEQA Guidelines a lead agency must prepare a “Subsequent” environmental documentation if substantial evidence (i.e., the recorded intersection failure) determines that a changed circumstance exists. However, case law has interpreted this section of the CEQA Guidelines to not require the preparation of a “Subsequent EIR” if mitigation measures are adopted which reduce the identified impacts to a level of insignificance. A mitigation measure has been identified which, if implemented, will bring the peak hours LOS into the acceptable range. The mitigation measure involves construction of two dual right turn lanes-northbound to eastbound and westbound to northbound. This project has been conditioned to pay its fair share of the intersection “short-term improvements,” thereby guaranteeing mitigation to a level of insignificance. On April 4, 2000 the City Council repealed the moratorium due to the intersection failure at Palomar Airport Road and El Camino Real. As a result, the mitigation measure related to this intersection is no longer applicable. An addendum has been prepared to the Mitigated Negative Declaration to reflect the fact that the proposed mitigation measure is no longer necessary. - SDP 96-l 4(A)/CDP 96-l+(~) - LEGOLAND CALIFORNIA EXPtiSION AREAS 1 & 3 April 19,200O ATTACHMENTS: 1. Planning Commission Resolution No. 4754 (Mit. Neg. Dec.) 2. Planning Commission Resolution No. 4755 (SDP) 3. Planning Commission Resolution No. 4756 (CDP) 4. Location Map 5. Background Data Sheet 6. Local Facilities Impact Assessment Form 7. Disclosure Form 8. Reduced Exhibits 9. City Council Resolution No. 97-670 10. Planning Commission Resolution No. 4083 (SDP 96-14) 11. Planning Commission Resolution No. 4084 (CDP 96-l 6) 12. Full Size Exhibits “A” - “T,” dated April 19,200O DN:cs:mb C - BACKGROUND DATA SHEET CASE NO: SDP 96-l 4(A)/CDP 96-16(A) CASE NAME: LEGOLAND California Exnansion Areas 1 and 3 APPLICANT: LEGOLAND California. Inc. REQUEST AND LOCATION: A Site Develonment Plan Amendment and Coastal Develonment Permit Amendment to increase the maximum building height for the LEGOLAND California Theme Park. develonment of Exnansion Areas 1 and 3 and construction of the Batflver Ride on the annroximatelv 128 acre site located on the north side of Palomar Ah-not-t Road east of Armada Drive and west of Hidden Vallev Road . LEGAL DESCRIPTION: Lots 18 and 19 of Carlsbad Tract 94-09 of Carlsbad Ranch Units 2 APN: 2 1 1 - 100-09 Acres: 4.4 Proposed No. of Lots/Units: N/A GENERAL PLAN AND ZONING Land Use Designation: T-R (Travel/Recreation Commercial) Density Allowed: N/A Density Proposed: N/A Existing Zone: C-T-O Proposed Zone: C-T-O Surrounding Zoning, General Plan and Land Use: Site North Zoninq C-T-Q C-T-Q & OS General Plan T-R Current Land Use Theme Park T-R &OS Vacant & Agriculture south P-M-Q & L-C PI Vacant & Office Bldg. construction East P-M PI Vacant West C-T-Q/C-2-Q, O-Q/P- M-Q & OS T-R/C, O/PI & OS Hotel, Timeshare, Restaurant, Office Buildings, & Agriculture PUBLIC FACILITIES School District: Carlsbad Water District: Carlsbad Sewer District: Carlsbad Equivalent Dwelling Units (Sewer Capacity): 53 for the exnansion areas ENVIRONMENTAL IMPACT ASSESSMENT q Negative Declaration, issued cl Certified Environmental Impact Report, dated IXI Other, Mitigated Negative Declaration 57 - CITY OF CARLSBAD GROWTH MANAGEMENT PROGRAM LOCAL FACILITIES IMPACTS ASSESSMENT FORM (To be Submitted with Development Application) PROJECT IDENTITY AND IMPACT ASSESSMENT: FILE NAME AND NO: LEGOLAND California Exnansion Areas 1 and 3 - SDP 96-14(AI/CDP 96-16(A) LOCAL FACILITY MANAGEMENT ZONE: 13 GENERAL PLAN: T-R ZONING: C-T-O DEVELOPER’S NAME: LEGOLAND California. Inc. ADDRESS: 1 LEGOLAND Drive. Carlsbad. CA 92008 PHONE NO.: (760) 918-5300 ASSESSOR’S PARCEL NO.: 21 l-100-09 QUANTITY OF LAND USE/DEVELOPMENT (AC., SQ. FT., DU): 4.4 AC ESTIMATED COMPLETION DATE: A. City Administrative Facilities: Demand in Square Footage = N/A B. Library: Demand in Square Footage = N/A C. Wastewater Treatment Capacity (Calculate with J. Sewer) 53 EDU D. Park: Demand in Acreage = $.40/sa. ft. E. Drainage: Demand in CFS = N/A Identify Drainage Basin = Basin C (Identify master plan facilities on site plan) F. Circulation: Demand in ADT = 6.630 August Fridav (Identify Trip Distribution on site plan) G. Fire: Served by Fire Station No. = 4 H. Open Space: Acreage Provided = N/A I. Schools: Non-res. School fee (Demands to be determined by staff) J. Sewer: Demands in EDU 53 Identify Sub Basin = 13B & 5H (Identify trunk line(s) impacted on site plan) K. Water: Demand in GPD = N/A L. The project is not proposing any dwelling units thereby not impacting the Growth Management Dwelling unit allowance. DISCLOSURE STATEMENT Applicant’s statement or disclosure of certain ownership interests on all applications kvhich will require discretionary action on the part of the City Council or any appointed Board. Commission or Committee. The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: f.q-= P m,‘r: /y- . : ‘gr.h : ; !.:.‘I r--. , Person is defined as “Any individual, firm, co-partnership, joint venture, a&ociatio& social club. ‘fraternal organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city ‘and county. tic municipality, district or otbcr political subdivision or any other group or combination acting as a unit.” Agents may sign this document; however, the legal name and entity of the appkant and property owner must be provided below. 1. APPLICANT (Not the applicant’s agent) . Provide the COMPLETE. LEGAL names and addresses of &J= persons having a financial interest in the application. If the applicant includes a CorDoration or partnership. include the names. title. addresses of all individuals owning more than 10% of the shares. IF NC INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON- APPLICABLE (N/A) IN THE SPACE BELOW. If a publiciv-owned corooration. include the of the corporate officers. (A separate page may be attached if w&$d&&o‘&tio C4LWe , NC4 Title 4. Address 1 &&7& b/? c&&$ BAD . 9W@! c9 7 u. OWNER (Not the owner’s agent) Provide the COMPLETE. LEGAL names and addresses of&J& persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e. partnership, tenants in common. non-profit, corporation, etc.). If the ownership includes a corooration or DartnenhiD. include the names. title. addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publiclv- include the names. titles. and addresses of the corporate officers. (A separate @eil?t CLOUTS m%vEs A& Title Address 1 -8 OK- Address 1 -0 oc(. @&?tififtn CA c&f- h- =y- 720 og 92008 3. - NOWPROFIT OR JZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonurofit oreanization or a trust. lrst ttw names and addresses of ANY person serving a~ ate officer or director of’ the non-protir orpnization or as trustee or beneficiary of the. Non Profit/Trust Non Profit/Trust Title Title Address Address 4. Have you had more than $250 worth of business transacted with any member of Cir\. staff. Boards, Commissions. Committees and/or Council within the past twelve ( 12) months? cl Yes El No If yes, please indicate person(s): NOTE: Attach additional sheets if necessary. &lrllARK P- IWILU~ Print or type name of owner Print or type name of applicant Signature of owner/applicant’s agent if applicable/date Print or type name of owner/applicant’s agent Attachment to DISCLOSURE STATEMENT Following are the companies and individuals having any ownership or financial interest in the application. Company: LEGOLAND ESTATES AG (property owner) owned by: INTERLEGO AG (Swiss Corp.) owned by: Kjeld Kirk Kristensen (individual) addreSS: Astvej 1 DK - 7190 Billund Denmark Company: LEGOLAND California, Inc. (applicant) owned by: INTERLEGO AG (Swiss Corp.) owned by: Kjeld Kirk Kristensen (individual) address: Astvej 1 DK - 7190 Bihnd DeImlZUk \ I I I 81 .i 2 4 4 51 b I “I . E 3 B+ i I’) iii j j jl’jl. n j flrll ! jl$l* Mli!l f ? . C I e i “I 1 f - d tt ir sj fltll ]ji!$ f 1~q;1, t 1 !lgiIf~!~ Ifi !ji! 1 “3 t,: ql$ :I flrll !ifgi[, !ltlli!~ P a & 2 1 I p .‘,‘..T Bi ” I_ . . z “... i; ‘. : : a .’ : .’ ;,: .’ . . _. cc Y t 9-e 5 : ! i i i ! . ; ij ‘. :’ ., ’ - . . . .6- L/U +--z=- a a B -- -I- yYIyom7-ubl li-mmrm.cs +- : 5 . Es 5: ;i 7s’ N a 4 I a it‘ f l i i i I i I /; IE I I’] 1) @j!. I] flrll &I* hfi fd t f L i Y E! -3’ 4 I: i 77 G 9 P. --i -on L 5 0 ., : -%“a* m 1.: .:‘?a: auR\-llmCm.illlllE se Y -I. Y mrrmu url YMI IocJJWP(MXWXVH- ,1 Io*DI- 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 WHEREAS, the City Council of the City of Carlsbad, on 20th day of May ) 1997 held a public hearing to consider the recommendation and heard all persons interested in or opposed to SDP 96-14 and CDP 96-16; and WHEREAS, an Initial Study was prepared for the project and it was determined that the project was in Prior Compliance with the Program Environmental Impact Report (EIR 94-01) certified, for the Carlsbad Ranch Specific Plan Amendment and related applications, on 1996 by the City Council, January 9, RESOLUTION NO. 97-670 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING SITE DEVELOPMENT PLAN NO. SDP 96-14 AND COASTAL DEVELOPMENT PERMIT NO. CDP 96-16 FOR A LEGOLAND THEME PARR WHICH INCLUDES THEME PARK ATTRACTIONS, RETAIL, FOOD AND BEVERAGE SERVICE, ASSOCIATED SUPPORT FACILITIES, AND PARKING ON 129 ACRES GENERALLY LOCATED ON THE NORTH SIDE OF PALOMAR AIRPORT ROAD EAST OF ARMADA DRIVE AND WEST OF FUTURE HIDDEN VALLEY ROAD WITHIN PLANNING AREA 4 OF THE CARLSBAD RANCH SPECIFIC PLAN IN THE COASTAL ZONE AND LOCAL FACILITIES MANAGEMENT ZONE 13 CASE NAME: LEGOLAND Carlsbad CASE NO.: SDP 96- 14KDP 96- 16 The City Council of the City of Carlsbad, California, does hereby resolve as follows: WHEREAS, on April 16, 1997 the Carlsbad Planning Commission held a duly noticed public hearing to consider a proposed Site Development Plan and Coastal Development Permit for a LEGOLAND Theme Park on 129 acres of land, and adopted Resolutions 4083 and 4084 recommending to the City Council that the Site Development Plan and Coastal Development Permit be approved; and 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 NOW THEREFORE, BE IT RESOLVED by the City Council of the Cit>, of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the recommendation of the Planning Commission for the approval of Site Development Plan 96-14 and Coastal Development Permit 96-l 6 is approved and that the findings and conditions of the Planning Commission contained in Planning Commission Resolution No. 4083 and 4084 on file with the City Clerk and incorporated herein by reference, are the findings and conditions of the City Council. “NOTICE TO APPLICANT’ “The time within which judicial review of this decision must be sought is governed by Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of Carlsbad by Carlsbad Municipal Code Chapter 1.16. Any petition or other paper seeking judicial review must be filed in the appropriate court no later than the ninetieth day following the date on which this decision becomes final; however, if within ten days after the decision becomes final a request for the record of proceedings accompanied by the required deposit in an amount sufficient to cover the estimated cost of preparation of such record, the time within which such petition may be filed in court is extended to not latter than the thirtieth day following the date on which the record is either personally delivered or mailed to the party, or his attorney of record, if he has one. A written request for the preparation of the record of the proceedings shall be filed with the City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California 92008.” . . . . . . . . . . . . . . . . . . -2- 83 I I 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 EFFECTIVE DATE: This resolution shall be effective upon its adoption. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the 20th day of May 1997, by the following vote, to wit: AYES: Council Members Lewis, Finnila, Nygaard, and Hall NOES: None ABSENT: Council Member Kulchin ATTEST: kky Clerk (SEAL) -3- - 1 II PLANNING COMMISSION RESOLUTION NO. 4083 2 3 4 5 6 7 8 9 10 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF SITE DEVELOPMENT PLAN NO. SDP 96-14 FOR A LEGOLAND THEME PARR WHICH INCLUDES THEME PARK ATTRACTIONS, RETAIL, FOOD AND BEVERAGE SERVICE, ASSOCIATED SUPPORT FACILITIES. AND PARKING ON 129 ACRES GENERALLY LOCATED ON THE NORTH SIDE OF PALOMAR AIRPORT ROAD EAST OF FUTURE ARMADA DRIVE AND WEST OF FUTURE HIDDEN VALLEY ROAD WITHIN PLANNING AREA 4 OF THE CARLSBAD RANCH SPECIFIC PLAN IN THE COASTAL ZONE AND LOCAL FACILITIES MANAGEMENT ZONE 13 CASE NAME: LEGOLAND Carlsbad CASE NO.: SDP 96- 14 11 12 13 14 15 16 17 WHEREAS, LEGOLAND Carlsbad, Inc., “Developer”, has filed a verified application with the City of Carlsbad regarding property owned by LEGOLAND Carlsbad, Inc., “Owner”, described as Lots 18 and 19 of Carlsbad Tract 94-09 of Carlsbad Ranch Units 2 & 3 (“the Property”); and WHEREAS, said verified application constitutes a request for a Site Development and arguments, if any, of all persons desiring to be heard, said Commission considered all factors Permit as shown on Exhibits “1”-“ 157” dated April 16, 1997, on file in the Planning Department, SDP 96-14 as provided by Chapter 21.06 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 16th day of April 1997 , 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 18 19 20 21 22 23 24 25 26 27 28 relating to the Site Development Plan. 85 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 - 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. W That based on the evidence presented at the public hearing. the Planning Commission RECOMMENDS APPROVAL of Site Development Plan. SDP 96-14 based on the following findings and subject to the foliowing conditions: FindinPs: 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, in that the project design complies with the requirements of the Carlsbad Ranch Specific Plan and all other requirements applicable to the site, significant building and landscape setbacks have been provided around the perimeter of the site including a 140 foot landscape setback from the right-of-way of Palomar Airport Road on the south. The project is consistent with numerous policies of the General Plan including Commercial Policy C.8 which recommends orienting travel/recreation commercial areas along the I-5 corridor, in the Village, or near resort/recreation areas. The Carlsbad Ranch Specific Plan was found to be in compliance with the General Plan and contains a detailed description of the plan’s compliance with the General Plan in Section I. H. 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 as well as the landscaping of approximately 47.5 percent of the total site area, the provision of all required parking as well as a parking expansion area on site, and building coverage is proposed at approximately 3 percent. Approximately 5.3 percent of the parking area will be landscaped while a minimum of 3 percent is required. The parking lot is divided into cells separated by 28 to 30 foot wide landscape areas which run in an east/west direction. The central pedestrian spine in the parking lot is 80 feet wide with a significant area devoted to landscaping. 3. That all yards, setbacks, wails, fences, landscaping, and other features necessary to adjust the requested use to existing or permitted future uses in the neighborhood will be provided and maintained, in that screen walls, berming and landscaping are proposed to screen service areas for the park. Adequate vehicle circulation has been provided to accommodate vehicle, truck, recreational vehicle and bus turning movements on site. In addition a service road has been provided around the perimeter of the Inner Park for operational needs. Several access points have been provided to the service road for emergency vehicles. Pedestrian connections to the overall pedestrian circulation system of the Carlsbad Ranch have been provided. PC RESO NO. 4083 -2- 8% 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4. That the street systems serving the proposed use are adequate to properly handle all traffic generated by the proposed use, in that the proposed use is consistent with the use analyzed in the circulation analysis prepared for Program EIR 94-01 for the Carlsbad Ranch Specific Plan. With required street improvements the project- specific impacts can be mitigated to a level less than significant. Overriding considerations were previously adopted for the cumulative impact to I-5 and SR-78. Visitors will be directed by signage to reach the park using Cannon Road to LEG0 Drive. The private section of LEG0 Drive south of the roundabout will contain four lanes and toll plaza structures with a total of six windows. An analysis has been prepared for the proposed private section of LEG0 Drive by RAW Associates the firm which completed the traffic analysis for the Carlsbad Ranch Specific Plan Amendment Program EIR and the Zone 13 Local Facilities Management Plan. The analysis concluded that a total of 5,695 feet of storage would be needed to accommodate the anticipated conditions along LEG0 Drive. The proposed design of LEG0 Drive utilizing reversible lanes would function with 3 inbound lanes and one outbound lane during the peak inbound period. The proposed design will provide a total of 7,310 feet of storage therefore, all vehicles will be able to stack on site. II 5. The Planning Commission finds that: a. there was an EIR certified in connection with the prior Specific Plan Amendment (SP 207(A)) and related actions and a Statement of Overriding Considerations was adopted for cumulative impacts to air quality, agriculture, and traffic which cannot be fully mitigated. The cumulative impacts are regional in nature and occur in areas outside the jurisdiction of the City; b. the project has no new significant environmental effect not analyzed as significant in the prior EIR ; and C. none of the circumstances requiring Subsequent or a Supplemental EIR under CEQA Guidelines Sections 15 162 or 15 163 exist. 6. The Planning Commission finds that all feasible mitigation measures or project alternatives identified in EIR 94-01 which are appropriate to this Subsequent Project have been incorporated into this Subsequent Project. 7. The project is consistent with the City-Wide Facilities and -Improvements Plan, the applicable local facilities management plan and all City public facility policies and ordinances since: a. The project has been conditioned to ensure the building permits will not be issued for the project unless the District Engineer determines that sewer service is available, and building cannot occur within the project unless sewer service remains available, and the District Engineer is satisfied that the requirements of II PC RESO NO: 4083 -3- 87 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 8. 9. 10. 11. 12. 13. 14. The project complies with the development standards and design guidelines of the Carlsbad Ranch Specific Plan (SP 207(A)) and the Development Agreement (DA 94- 01). c?J PC RESO NO. 4083 4 the Public Facilities Element of the General Plan have been met insofar as they apply to sewer service for this project. b. Statutory School fees will be paid to ensure the availability of school facilities in the Carlsbad Unified School District. C. All necessary public improvements have been provided or are required as conditions of approval. d. The Developer has agreed and is required by the inclusion of an appropriate condition to pay a public facilities fee. Performance of that contract and payment of the fee will enable this body to find that public facilities will be available concurrent with need as required by the General Plan. The project has been conditioned to pay any increase in public facility fee. or new construction tax, or development fees, and has agreed to abide by any additional requirements established by a Local Facilities Management Plan prepared pursuant to Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of public facilities and will mitigate any cumulative impacts created by the project. This project has been conditioned to comply with any requirement approved as part of the Local Facilities Management Plan for Zone 13. The project is consistent with the Comprehensive Land Use Plan (CLUP) for the McClellan-Palomar Airport, dated April 1994, in that, as conditioned the applicant shall record a notice that the property is subject to overflight, sight and sound of aircraft operating from McClellan-Palomar Airport. The project is compatible with the projected noise levels of the CLUP; and, based on the noise/land use compatibility matrix of the CLUP, the proposed land use is compatible with the airport, in that the project site falls inside the 60 and 65 CNEL noise contours and the proposed land use is a compatible use at these noise levels. 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. 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 cause 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. That the project is consistent with the City’s Landscape Manual, adopted by City Council Resolution No. 90-384. 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 Conditions: 1. The Planning Commission does hereby RECOMMEND APPROVAL of the Site Development Plan for the project entitled “SDP 96-14” (Exhibits “1’‘-157” dated April 16, 1997, on file in the Planning Department and incorporated by this reference. subject to the conditions herein set forth). Staff is authorized and directed to make. or require Developer to make, all corrections and modifications to the Site Development Plan document(s), as necessary, to make them internally consistent and in conformity with final action on the project. Development shall occur substantially as shown in the approved Exhibits. Modifications to the types and locations of facilities including rides, attractions and structures within the Inner Park may be made by the applicant subject to the approval of the Planning Director, provided that the proposed revisions are in accordance with the Development Standards and Design Guidelines of the Carlsbad Ranch Specific Plan. All conditions shall be satisfied prior to finish grading or building permit issuance, whichever comes first unless otherwise specified. 2. 3. 4. 5. 6. The Developer shall comply with all applicable provisions of federal, state, and local ordinances in effect at the time of building permit issuance. The 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 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, (b) City’s approval or issuance of any permit or action, whether discretionary or non- discretionary, 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 facility of electromagnetic fields or other energy waves or emissions. The Developer shall provide the City with a reproducible 24” x 36”, mylar copy of the Site Development Plan as approved by the final decision making body. The Site Development Plan shall reflect the conditions of approval by the City. The Site Development Plan copy shall be submitted to the City Engineer and approved prior to building, grading, final map, or improvement plan submittal, whichever occurs first. The Developer shall include, as part of the plans submitted for fhe first building permit plan set, a reduced legible version of the approving resolutions on a 24” x 36” blueline drawing. Said blueline drawing(s) shall also include a copy of any applicable Coastal Development Permit and signed approved site plan. Building permits will not be issued for development of the subject property unless the District Engineer determines that sewer facilities are available at the time of application for such sewer permits and will continue to be available until time of occupancy. 579 PC RESO NO. 4083 -5- 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 7. C The Developer shall pay the public facilities fee adopted by the City Council on July 28. 1987, (amended July 2, 1991) and as amended from time to time, and any development fees established by the City Council pursuant to Chapter 2 1.90 of the Carlsbad Municipal Code or other ordinance adopted to implement a growth management system or Facilities and Improvement Plan and to fulfil1 the subdivider’s agreement to pay the public facilities fee dated December 17,1996, a copy of which is on file with the City Clerk and is incorporated by this reference. If the fees are not paid. this application will not be consistent with the General Plan and approval for this project will be void. 8. The Developer shall provide proof of payment of statutory school fees to mitigate conditions of overcrowding as part of the building permit application. The amount of these fees shall be determined by the fee schedule in effect at the time of building permit application. 9. 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 following: a. 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. 10. Approval of SDP 96-14 is granted subject to the approval of CDP 96-16. SDP 96-14 is subject to all conditions contained in the Planning Commission Resolution for CDP 96- 16. 11. Prior to the issuance of the Building Permit, Developer shall submit to the City a Notice of Restriction to be filed in the office of the County Recorder, subject to the satisfaction of the Planning Director, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Site Development Plan and Coastal Development Permit by Resolutions No. 4083 and 4084 on the real property owned by the Developer. Said Notice of Restriction shall note the property description, location of the file containing complete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The Planning Director has the authority to execute and record an amendment to the notice which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. 12. Trash receptacle areas adjacent to the service road which could be visible from adjacent properties shall be enclosed by a six-foot high masonry wall with gates pursuant to City standards. Location of said receptacles shall be approved by the Planning Director prior to building permit issuance. Enclosure shall be shown on the building plans to be of similar colors and/or materials to the project to the satisfaction of the Planning Director prior to building permit issuance. I PC RESO NO. A083 -6- 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 13. 14. 15. 16. 17. 18. 19. . . . An exterior lighting plan including parking areas shall be submitted for Planning Director approval prior to building permit issuance. All lighting shall be designed to reflect downward and avoid any impacts on adjacent homes or property. No outdoor storage of materials shall occur onsite unless required by the Fire Chief. In such instance a storage plan will be submitted for approval by the Fire Chief and the Planning Director. The Developer shall prepare a detailed landscape and irrigation plan in conformance with the approved Preliminary Landscape Plan and the City’s Landscape Manual. The Outer Park Landscape Plan must be submitted and approved prior to issuance of the finish grading permit. The Inner Park Landscape Plans must be submitted and approved prior to the issuance of building permits for the Inner Park cluster for which building permits are being requested. The Developer shall construct and install all landscaping as shown on the approved plans, and maintain all landscaping in a health! and thriving condition, f&e from weeds, trash, and debris. The first submittal of detailed landscape and irrigation plans shall be accompanied by the project’s building, improvement, and grading plans. Building identification and/or addresses shall be placed on the Service and Administration Building so as to be plainly visible from the street or access road; color of identification and/or addresses shall contrast to their background color. Prior to the issuance of building permits the Developer shall prepare and record a Notice that this property is subject to overflight, sight and sound of aircraft operating from McClellan-Palomar Airport, in a form meeting the approval of the Planning Director and the City Attorney (see Noise Form #2 on file in the Planning Department). The Developer is aware that the City is preparing a non-residential housing impact fee (linkage fee) consistent with Program 4.1 of the Housing Element. The applicant is further aware that the City may determine that certain non-residential projects may have to pay a linkage fee, in order to be found consistent with the Housing Element of the General Plan. If a linkage fee is established by City Council ordinance and/or resolution and this project becomes subject to a linkage fee pursuant to said ordinance and/or resolution, then the Developer, or his/her/their successor(s) in interest shall pay the linkage fee. The linkage fee shall be paid at the time of issuance of building permits, except for projects involving a request for a non-residential planned development for an existing development, in which case, the fee shall be paid on approval of the final map, parcel map or certificate of compliance, required to process the non-residential PUD, whichever pertains. If linkage fees are required for this project, and they are not paid, this project will not be consistent with the General Plan and approval for this project will become null and void. PC RESO NO. 4083 -7- 91 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 C 20. Prior to the issuance of building permits, the Agricultural Conversion Mitigation Fee shall be paid by the developer for approximately 93.35 acres as required by the Mello II Segment of the Local Coastal Program. 21. Prior to building permit issuance the Developer shall submit a solid waste management plan for review and approval by the Planning Director. The plan shall provide the following: a. The approximate location, type and number of containers to be used to collect refuse and recyclables. b. Defuse and recyclable collection methods to be used. C. d. A description and site plan for any planned on-site processing facilities or equipment (balers, compactors). A description of the types of recycling services to be provided and contractual relationships with vendors to provide these services. e. The estimated quantity of waste generated and estimated quantities of recyclable materials. This plan shall also evaluate the feasibility of the following diversion programs/measures: i. Source separated green waste collection. ii. Cardboard recycling. . . . 111. Programs which provide for the separation of wet (disposable) and dry (recoverable) materials. iv. Where feasible, providing compactors for non-recyclables to reduce the number of trips to disposal facilities. V. Glass recycling in restaurants. 22. Prior to occupancy of Inner Park guest facilities, the developer shall submit a final security plan for review and approval of the Carlsbad Police Department. The plan shall include information about internal security programs, security systems and devices and any other information required by the Police Department. 23. Prior to occupancy of Inner Park guest facilities, the developer shall submit to the Planning Director for review and approval an air quality mitigation plan that will implement the following air quality mitigation measures for the life of the project: a. Provide commuter information areas on site for employees. PC RESO NO. 4083 -8- 92 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 b. C. d. Implement flexible or staggered employee shift start and finish times in order to reduce the number of vehicle trips generated by the project during the morning and evening peak hour commute. Develop an employee trip reduction plan to achieve 1.5 AVR (Average vehicle riders). Provide shuttles to local major rail transit centers and multi-modal stations. The shuttle service shall be maintained for the life of the project unless it is demonstrated to the Planning Director that it is infeasible based on ridership data. 24. Prior to occupancy the developer shall submit to and obtain Planning Director approval of a parking plan that demonstrates that directed parking will be utilized during peak season days and how such a program will be implemented operationally for the life of the project. 25. Prior to occupancy the following minimum number of parking spaces must be paved and striped: 26. a. 3,410 automobile spaces b. 45 handicapped spaces C. 45 recreational vehicle spaces d. 600 employee spaces e. 60 bus spaces The City may require the paving and striping of the parking expansion area when warranted by traffic usage in the opinion of the Planning Director and City Engineer as listed in the Carlsbad Ranch Specific Plan. The parking expansion area must accommodate a minimum of 1,150 parking spaces unless a portion of this total has been provided previously. The City may conduct traffic counts periodically to determine the adequacy of the parking lot with respect to health and safety standards to determine if the expansion area needs to be paved. The City shall advise the developer/operator of any health and/or safety problems and, at the direction of the Planning Director and City Engineer, may require any necessary remedies to correct the problems including paving of the entire expansion area. 27. Any offsite signage proposed for LEGOLAND Carlsbad must be in compliance with the standards contained in the Carlsbad Ranch Specific Plan which requires that all such signage be shown as part of the Carlsbad Ranch Specific Plan Community Directional Signage Program. The Carlsbad Ranch Specific Plan PC RESO NO. ‘4083 -9- 93 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 - Community Directional Signage Program must be submitted and receive Planning Director approval prior to the issuance of any sign permits. 28. 29. 30. 31. 32. . . . The developer/property owner shall comply with the requirements of the City’s anti-graffiti program for wall treatments if and when such a program is formally established by the City, prior to the issuance of any building permit. The developer/property owner shall, prior to the issuance of building permits, provide an acceptable means for maintaining the private easements within the project boundaries and all private: streets, curbs, gutters, sidewalks, street lights, traffic control and traffic control signage, storm drain facilities, sewer facilities, water facilities, fire service facilities, reclaimed water facilities, landscaping and irrigation facilities and pollution control facilities associated with the storm drain system located therein. Adequate provision for such maintenance shall be included with all assignments or sale of property subject to the approval of the City Engineer. These facilities are to be maintained by the developer/property owner for the life of the project. All concrete terrace drains shall be maintained by the developer/property owner for the life of the project. An appropriately worded statement clearly identifying the responsibility shall be placed in all assignments or sale of property and on any finish grading plans, improvement plans and site plans associated with the building permit. The facilities are to be maintained by the developer/property owner for the life of the project. Prior to hauling dirt or construction materials to or from any proposed construction site within this project, the developer shall submit to and receive approval from the City Engineer for the proposed haul route. The developer shall comply with all conditions and requirements the City Engineer may impose with regards to the hauling operation. The developer/property owner shall provide for sight distance corridors at all street/driveway intersections in accordance with Engineering Standards for the life of the project and shall place the following statement on the improvement, finish grading, landscape and building permit plans in addition to any maintenance documents: “No structure, fence, wall, tree, shrub, sign, or other object over 30 inches above the street level may be placed or permitted to encroach within the area identified as a sight distance corridor in accordance with City Standard Public Street Design Criteria, Section 8.B.3. The underlying property owner shall maintain this condition.” PC RESO NO. 4083 -lO- 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 33. 34. 35. 36. 37. 38. Prior to issuance of a building permit for any buildable pad within the project. the developer/property owner shall pay a one-time special development tax (Communi~ Facilities District #l) in accordance with City Council Resolution No. 91-39 and 93-341. The developer/property owner shah pay all current fees and deposits required. The developer/property owner of the subject property shall execute an agreement holding the City harmless regarding drainage across the adjacent property prior to the issuance of any finish grading permit or building permit whichever occurs first. The subject property is within the boundaries of Assessment District No. 95-01 (Carlsbad Ranch). Any subdivision of the property will require a segregation of assessment. It is estimated that an assessment lien will be placed on the property after June 3, 1997, and if not paid in full, the first payment will be due December 1997 with the County tax bill. The developer/property owner shall execute a hold harmless agreement for geologic failure prior to the issuance of a building permit or finish grading permit whichever occurs first. Based upon a review of the finish grading plan and finish grading quantities shown on the site development plan, a finish grading permit for this project is required. The grading for this project is defined as the finish grading required for the purpose of this project. The finish grading shall be done as a construction change to the rough grading plans for Carlsbad Ranch Unit 3, City drawing number DWG 333- 2Y. The plans shall be done at 40 scale or better to provide the necessary detail. A separate Grading Plan Approval Letter shall be provided and the finish grading shall not be permitted until all items associated with the finish grading plan are provided. The finish grading plan shall be a minimum of two phases. Additional phasing may be permitted with the approval of the City Engineer and Planning Director. The first phase of finish grading construction change shall include the outer park (perimeter slopes and the parking lot), LEG0 Drive and the service and Administration Cluster. This phase shall include the design for the parking lot and drainage system. The second phase of the finish grading construction change shall include the inner park clusters and expansion areas. The finish grading plan shall show the finish grading for the major building structures that require pad certification in the building permit process or as may be required to provide building height verification by the Planning Department in the building permit process. All other finish grading required for minor structures, out-buildings, pathways and landscaping will be shown on the building permit site plan and will not require a grading permit or pad certification. Finish grading as required to revise the existing grading plan to the elevations approved with the site development shall be permitted PC RESO NO. 4083 -ll- 9 I 5’ 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 with the approval of the Planning Director and the City Engineer. All inner park drainage not identified on the site development plan is private and will not be planchecked or inspected by the City. Plancheck, permit and inspection fees shall be paid by the developer. The finish grading plancheck and permit fees for each phase shall be the difference between the overall plancheck and permit fees for City drawing number DWG 333-2Y and those previously paid. The improvement plancheck and inspection fees for the parking lot, private drainage system in the outer park, the public utilities and the private portion of LEG0 Drive shall be the difference of the overall project fees and those previously paid. Appropriate securities shall be required. 39. The developer/property owner shall provide for the design and finish grading of a drainage system that shall ensure that runoff resulting from lo-year frequency storms of 6 hours and 24 hours duration under developed conditions, is equal to or less than the runoff from a storm of the same frequency and duration under existing developed conditions now and forever prior to the issuance of the first building permit. The developer/property owner shall analyze the 6 hour and 24 hour storm durations to determine the detention basin capacities necessary to accomplish the desired results. 40. The developer shall submit proof that a Notice of Intention has been submitted to the State Water Resources Control Board. 41. The developer, upon completion of finish grading, shall ensure that an “as-graded” geologic plan is submitted to the City Engineer. The plan shall clearly show all the geology as exposed by the finish grading operation, all geologic corrective measures as actually constructed and must be based on a contour map which represents both the pre and post site finish grading. This plan shall be signed by both the soils engineer and the engineering geologist. The plan shall be prepared on a 24” x 36” mylar or similar drafting film and shall become a permanent record. 42. No finish grading for private improvements shall occur outside the limits of the project unless a finish grading or slope easement is obtained from the owners of the affected properties and recorded. If the developer is unable to obtain the finish grading or slope easement no finish grading permit will be issued. In that case the developer must either amend the site development plan or modify the plans so finish grading will not occur outside the project site in a manner which substantially conforms to the approved site development plan as determined by the City Engineer and Planning Director. The top of slope west of LEG0 Drive between Planning Area 2, the Research and Development lots, and Lot 18 and 19 (LEG0 Drive and LEGOLAND Carlsbad) meanders off and on property that the project developer/property owner do not have legal title to. The developer shall negotiate, execute and record with the adjacent property owner(s) a private drainage and maintenance easement which is required between the property owners. A recorded copy of the easement is required prior to the issuance of the finish grading permit for the finish grading of the outer park. The easement wording shall include maintenance and irrigation provisions to the PC RESO NO. -4083 -12- 94 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 satisfaction of the City Engineer. The developer shall show the easement location on all associated finish grading, improvement, landscape and building permit plans. 43. The developer shall install or agree to install and secure with appropriate security as provided by law desiltation/detention/urban pollutant basin(s) of a type and a size and at location(s) as approved by the City Engineer. The developer shall enter into a basin maintenance agreement and submit a maintenance bond satisfactory to the City Engineer prior to the approval of finish grading or building permit whichever occurs first for this project. Each basin shall be serviced by an ah-weather access/maintenance road. The basin maintenance agreement for the construction of the project will be included in the grading and erosion control agreement. After the construction period, the permanent facilities will be maintained in a functional manner for the life of the project. 44. Additional drainage easements may be required. Drainage structures shall be provided or installed prior to or concurrent with any finish grading or building permit as may be required by the City Engineer and be maintained for the life of the project. 45. The owner shall make an offer of dedication to the City for all public streets and easements required by these conditions or shown on the site development plan. The offer shall be made prior to issuance of any building permit for this project. All land so offered shall be granted to the City free and clear of all liens and encumbrances and without cost to the City. Streets and easements that are already public are not required to be rededicated. 46. The following dedications are required prior to issuance of any building permit for this project: a. Right-of-way for Hidden Valley Road from Palomar Airport Road to Lot 18 northern property line as shown on the tentative map for Carlsbad Tract CT 94-09. b. Easement for public utilities within LEG0 Drive from Lot 18 northern property line to utilities intersection with Armada Drive as shown on the tentative map for CT 94-09. 47. The developer shall apply for and obtain from Carlsbad Municipal Water District a quitclaim for the existing 20 foot water pipeline easement file number 83959 prior to the issuance of any building permit that crosses the easement. 48. The developer/property owner shall apply for and obtain release of the stockpile agreement prior to the issuance of any building permit within the inner park with the exception of the service and administration cluster. PC PESO NO. 4083 -13- 97 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 49. The developer/property owner shall prepare and obtain: a. Approval of a Storm Water Pollution Prevention Plan (SWPPP) that addresses the day to day activities of the park and shall comply with the City’s requirements of the National Pollutant Discharge Elimination System (NPDES) permit. The developer/property owner shall implement SWPPP to provide best management practices as referenced in the “California Storm Water Best Management Practices Handbook” to reduce surface pollutants to an acceptable level prior to discharge to sensitive areas and the storm drain system. The SWPPP and associated improvements shall be prepared and submitted for approval by the City Engineer in the following phases: 1. Phase I of the SWPPP shall include the Outer Park and the parking lot. Approval of the SWPPP shall be obtained prior to the issuance of the finish grading permit for the Outer Park and the parking lot. 2. Phase II of the SWPPP shall include the Service and Administration cluster. Approval of the amendments to the SWPPP shall be obtained prior to the issuance of the first building permit within the cluster. 3. Phase III of the SWPPP shall include the remaining clusters in the Inner Park/attraction areas. Approval of the amendment shall be obtained prior to the issuance of the first building permit issued within the Inner Park/attraction areas. b. The requirements of said SWPPP shall be followed and implemented throughout the life of the project. The SWPPP may be amended to comply with adopted City standards from time to time as necessary following the approval of the SWPPP. All future amendments shall be approved by the City Engineer. C. The SWPPP shall include, but not be limited to addressing, the following: 1. The developer, all owners, operators and tenants shall coordinate efforts to establish or work with established disposal programs to remove and properly dispose of toxic and hazardous waste products. 2. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil, antifreeze, solvents, paints, paint thinners, wood preservatives, and other such fluids shall not be discharged into any street, public or private, or into storm drain or storm water conveyance systems. Use and disposal of pesticides, fungicides, herbicides, insecticides, fertilizers and other such chemical treatments shall meet Federal, State, County and City requirements as prescribed in their respective containers. PC RESO NO. 4083 -14- 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 3. Best Management Practices (BMF’s) shall be used to eliminate or reduce surface pollutants when planning any changes to the landscaping and surface improvements. 4. A section specifically addressing the daily wash down operation and trash collection system. 5. Collection and use of data to maintain water quality for all the water features, and the treatment of water prior to discharge into the storm drain system. A discharge permit from the Regional Water Quality Board may be required for the water features that drain into the storm drain system. 6. The use of dry cleanup measures shall be implemented where feasible. 7. General BMPs to indude at a minimum: training, education, housekeeping practices, preventative maintenance, spill prevention and control. 50. Plans, specifications, and supporting documents for all public improvements shall be prepared to the satisfaction of the City Engineer. In accordance with City Standards, the developer shall install, or agree to install and secure with appropriate security as provided by law, improvements shown on the site development plan and the following improvements: a. b. Public utilities in LEG0 Drive south of the roundabout. The backbone on-site drainage system shall be designed to public works standards with the exception that the use of PVC pipe will be permitted below the parking lot and within the inner park. RCP is required only within the NPDES/desiltation basin located adjacent to Palomar Airport Road. Plancheck and inspection fees will be required and securities shall be posted. Improvements listed above shall be constructed within 24 months of approval of the secured improvement agreement or such other time as provided in said agreement. 51. If the Developer/Owner of CT 94-09 does not construct the following in accordance with City standards and the Conditions of Approval for Carlsbad Ranch CT 94-09, the work may be done by the Developer, prior to opening date of the park to the public or the opening date may be extended: a. Cannon Road full improvements to major arterial standards from Car Country Drive to LEG0 Drive. b. Traffic signal at Cannon Road and LEG0 Drive. PC RESO NO. 4083 -15- 99 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 C. d. e. f. h. i. LEG0 Drive full improvements from Cannon Road through and including the roundabout as shown on the tentative map for Carlsbad Tract (CT) 94- 09. Pull median improvements, sidewalks, landscaping and street lighting on the north side of Palomar Airport Road from Armada Drive to Hidden Valle) Road. Conversion of overhead electric to underground along Palomar Airport Road, from Armada Drive to Hidden Valley Road. Palomar Airport Road/Hidden Valley Road intersection, including median reconfiguration and new traffic signal. Hidden Valley Road full improvements from Palomar Airport Road to Lot 18 northern property line as shown on the tentative map for CT 94-09. Public utilities in Armada Drive from optional emergency access at LEG0 Drive to Palomar Airport Road as shown on the tentative map for CT 94-09. All. public water lines deemed necessary by the Water District Engineer to serve Lot 18 as shown on Exhibits 1-157. 52. The following improvements are required by the Environmental Impact Report 94- 01 and shall be constructed prior to the opening of LEGOLAND Carlsbad to the public: a. Cannon Road/I-5 interchange ramp widening and signalization. The City has entered into a Cooperative Agreement with CalTrans dated January 8, 1997. If CalTrans does not finance and construct the improvements in accordance with the Cooperative Agreement, the work may be done by the developer prior to the opening date of the park to the public or the opening date may be extended. b. The Cannon Road widening from Paseo De1 Norte to Car Country Drive to major arterial standards. The City has agreed to perform these improvements and has scheduled the project in the City Capital Improvement Program. If the City does not finance and construct the improvements in accordance with the Capital Improvement Program, the work may be done by the developer, prior to the opening date of the park to the public or the opening date may be.extended. 53. Except as provided below, the developer shall install street lights along the private street frontage (LEG0 Drive from the roundabout to the Parking Control Booths) in conformance with City of Carlsbad Standards. As allowed by the Specific Plan SP PC RESO NO. 4083 -16- /00 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 28 207(A), the nonstandard street lighting proposed on LEG0 Drive on Lot 18 and 19 of CT 94-09 Unit 2 and 3 is approved subject to the following: a. The portion of LEG0 Drive from the public portion to the parking control booths must meet City Standards for lumination. b. The developer/property owner shall prepare a street light report by an appropriate qualified professional to verify that the light on the street and associated pathway will be equal to or greater than the light provided by standard street lights for a street with an industrial design classification. C. Review and verification of the report shall be submitted to the City Engineer for acceptance prior to the approval of the LEG0 drive improvement plans. If City needs additional funds for review of the report the Developer shall pay the cost. 54. The developer shall design the private portion of LEG0 Drive (Lot 18 and 19) to the Parking Control booths to conform to the City of Carlsbad Standards to the minimum structural sections of a collector street. The Developer shall pay for the standard improvement plancheck and inspection fees and the improvements bonded for prior to issuance of any building permit except the Service and Administration cluster for this project. The pathway located near LEG0 Drive is private and will be privately maintained. The pathway will be indicated on the landscape plans and not on the improvement plans. 55. The developer/property owner shall design the structural section for the access aisles with a minimum traffic index of 5.0 in accordance with City Standards due to truck access through the parking area and/or aisles with an ADT greater than 500. The structural pavement design of the aisle ways shah be submitted together with required R- value soil test information and approved by the City as part of the building site plan review. 56. The developer/property owner shall design and incorporate into the finish grading/improvement plans for the project drainage outfall end treatments for any drainage outlets where a direct access road for maintenance purposes is not provided. These end treatments shall be designed so as to prevent vegetation growth from obstructing the pipe outfall. Designs could consist of a modified outlet headwall consisting of an extended concrete spillway section with longitudinal curbing and/or radially designed rip-rap, or other means deemed appropriate, as a method of preventing vegetation growth directly in front of the pipe outlet, to the satisfaction of the Community Services Director and the City Engineer. 57. Construction access for the project will not be permitted through the LEG0 Drive roundabout. Construction access for Lot 18 and 19 shall be through Lot 5 CT 94- 09. The Developer shall provide the City Engineer with a copy of the agreement between the developer/property owner and the property owner of Lot 5 to allow this PC RESO NO. 4083 -17- /d/ 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 access prior to the approval of any finish grading plans, improvement plans, construction changes or building permits for the project. The developer may desire access off Hidden Valley Road. The City Engineer may allow access after the construction of a fully actuated signal at the intersection of Hidden Valley Road and Palomar Airport Road including the loop detectors in Hidden Valley Road. 58. The developer/property owner shall provide the trafftc index, structural section requirement and turning radius of the proposed trash collection system within the service and administration cluster parking lot. The parking lot shall be designed to adequately handle all vehicles associated with the trash collection system prior to the issuance of the building permit for the Service and Administration cluster. 59. Phasing of the construction of the parking lot and the inner park clusters will be permitted with the approval of the Planning Director and the City Engineer. Fire: 60. Prior to issuance of building permit, the Developer shah obtain Fire Department approval of an Emergency Response Plan. The plan shall state the manner in which site management will respond to emergent events such as fires. medical emergencies, earthquakes, etc. The plan will specifically describe: a. The manner by which the exact location of the emergency will be determined and communicated to municipal emergency responders. b. How site emergency staff will interface with City emergency responders. C Method of transportation of municipal emergency responders from the site perimeter to the emergency scene. ’ d. Level of emergency medical service to be provided on site by the applicant. e. The manner in which patrons will be protected, evacuated, relocated or directed during such emergencies. 61. Developer shall submit ,a plan to the Fire Department for approval, which depicts location of required, proposed and existing water mains and fire hydrants. The plan shall include off-site fire hydrants within 200 feet of the project. 62. Developer shall provide and maintain during construction an all weather, unobstructed access road suitable for emergency service vehicles. When in the opinion of the Fire Chief, the access road has become unserviceable due to inclement weather or other reasons, he may in the interest of public safety, require that construction operations cease until the condition is corrected. PC RESO NO. ,4083 -18- 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 I 63. 64. 65. 66. ,- Required water mains, fire hydrants and appurtenances shah be operational to the locations where combustible building materials are located on the construction site. All security gate systems controlling vehicular access shall be equipped with a “Knox”. key-operated emergency entry device. Developer shall contact the Fire Prevention Bureau for specifications and approvals prior to installation. Private roads and driveways which serve as required access for emergency service vehicles shall be posted as fire lanes in accordance with the requirements of section 17.04.020 of the Carlsbad Municipal Code. Plans and/or specifications for fire alarm system, fire hydrants, automatic fire sprinkler systems and other fire protection systems shall be submitted to the Fire Department for approval prior to construction. All buildings shall be sprinklered. Water: 67. The LEGOLAND project shall use reclaimed water for irrigation purposes only in those locations shown on the approved reclaimed water use area map (Exhibits 5 and 6) 68. The developer shall design, construct, install and permanently maintain either a separate looping fireflow pipeline system from the potable water system or an integrated system combining the potable water system with the building sprinkler system, to the satisfaction of the District Engineer and Fire Marshal. 69. The developer shall design, construct, install and permanently maintain the entire private potable water system, reclaimed water system and sewer system of the park to Carlsbad Municipal Water District Standards for the required capacity, pressure, and flow demand. The Developer shall engage a licensed Civil Engineer to submit ’ supporting calculations and plans for the private potable water and reclaimed water system to the District Engineer prior to the approval of the public water system. The design shall consider a system that facilitates the recycled water shut down test. The developer shall engage the services of an appropriately qualified person to certify to the District Engineer that the system has been installed to the required specifications prior to occupancy of Inner Park guest facilities. 70. The developer shall be responsible for all fees, deposits and charges which will be collected before and/or at the time of issuance of the building permit. The San Diego County Water Authority capacity charge will be collected at issuance of application for meter installation. 7 1 . This project is approved upon the expressed condition that building permits will not be issued for development of the subject property unless the wafer district serving the development determines that adequate water service and sewer facilities are available at PC RESO NO. 4083 -19- /03 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 the time of application for such water service and sewer permits will continue to be avaiIable until time of occupancy. 72. The private sewer system, potable water system and reclaimed water system shall be the responsibility of the developer for maintenance and operation as shown on the approved exhibits for the life of the project. General: 73. If any of the foregoing 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; 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 Site Development Plan. Standard Code Reminders: 74. 75. 76. 77. 78. 79. 80. The Developer shah pay a landscape plan check and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. This approval shall become null and void if a building permit is not issued for this project within 3 years from the date of project approval as specified in Section 3.1.2.8 of Development Agreement 94-01. 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. The project shah comply with the latest non-residential disabled access requirements pursuant to Title 24 of the State Building Code. All roof appurtenances, including air conditioners, shall be architecturally integrated and concealed from view and the sound buffered from adjacent properties and streets, in substance as provided in Building Department Policy No. 80-6, to the satisfaction of the Directors of Community Development and Planning. All landscape and irrigation plans shall be prepared to conform with the Landscape Manual and submitted per the landscape plan check procedures on file in the Planning Department. Any signs proposed for the Outer Park shall, at a minimum, be designed in conformance with the City’s Sign Ordinance and the Carlsbad Ranch Specific Plan PC PESO NO. 4083 -2o- /H 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 81. 82. .- h and shall require review and approval of the Planning Director prior to installation of such signs. Inner Park siguage shall not be subject to City review unless such signs exceed 20 feet in height. The developer shall exercise special care during the construction phase of this project to prevent offsite siltation. Planting and erosion control shall be provided in accordance with the Carlsbad Municipal Code and be approved by the City Engineer. LEGOLAND will have both a potable water distribution system and a recycled water distribution system. As a result a “Recycled Water Shut Down Test” is required. This test will require shutting down the potable water distribution system. The test time period may take a week to complete. PASSED, APPROVED AND ADOPTED at a regular meeting of the planning Commission of the City of Carlsbad, California, held on the 16th day of April 1997 , by the following vote, to wit: AYES: Chairperson Nielsen, Commissioners Compas, Heineman, Monroy, Noble, Savary, Welshons NOES: None ABSENT: None ABSTAIN:. None CARLSBAD PLANNING COMMISSION ATTEST: Planning Director PC RESO NO:4083 -21- /&s- 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 .- PLANNING COMMISSION RESOLUTION NO. 4084 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF COASTAL DEVELOPMENT PERMIT NO. CDP 96-16 FOR A LEGOLAND THEME PARR WHICH INCLUDES THEME PARK ATTRACTIONS, RETAIL. FOOD AND BEVERAGE SERVICE, ASSOCIATED SUPPORT FACILITIES, AND PARKING ON 129 ACRES GENERALLY LOCATED ON THE NORTH SIDE OF PALOMAR AIRPORT ROAD EAST OF FUTURE ARMADA DRIVE AND WEST OF FUTURE HIDDEN VALLEY ROAD IN LOCAL FACILITIES MANAGEMENT ZONE 13. CASE NAME: LEGOLAND Carlsbad CASE NO.: _ CDP 96-16 WHEREAS, LEGOLAND Carlsbad, Inc., “Developer”. has filed a verified application with the City of Carlsbad regarding property owned by LEGOLAND Carlsbad, Inc., “Owner”, described as Lots 18 and 19 of Carlsbad Tract 94-09 of Carlsbad Ranch Units 2 & 3 (“the Property”); and WHEREAS, said verified application constitutes a request for a Coastal Development Permit as shown on Exhibits “1’‘-“ 157” dated April 16, 1997, on file in the Planning Department, CDP 96-16 as provided by Chapter 2 1.20 1.040 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 16th day of April 1997. 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 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to CDP 96-16. 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 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. W That based on the evidence presented at the public hearing. the Commission RECOMMENDS APPROVAL of Coastal Development Permit CDP 96-16, based on the following findings and subject to the following conditions: Findine: 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 Carlsbad Ranch Specific Plan which serves as partial implementation for the Mello II Segment for the project site, and the Coastal Resource Protection Overlay Zone. 2. The proposal is in confotity with the public access and recreation policies of Chapter 3 of the Coastal Act in that pedestrian walkway connections to the Carlsbad Ranch Trail System have been provided and no existing public accessways affect the project site. 3. The project complies with the requirements of the Coastal Resource Protection Overlay Zone as the project site has been approved for grading pursuant to the Master Tentative Map (CT 94-09) for Carlsbad Ranch. The conversion of agricultural land to the proposed use has been previously approved through the City of Carlsbad and California Coastal Commission approval of the Carlsbad Ranch Specific Plan and related permit. The project has been conditioned to pay the agricultural conversion mitigation fee prior to the issuance of a building permit. The area at the northeast comer of Palomar Airport Road and Armada Drive subject to a Coastal Deed Restriction is being preserved and a 50 foot buffer provided around its perimeter. Drainage improvements will be constructed including detention basins so that there is no increase in the peak runoff rate from the developed site over the greatest discharge expected from the existing undeveloped site as a result of a lo-year frequency storm. Drainage facilities to remove pollutants from site runoff are also provided. The time limitations on grading in the Coastal Zone have been applied as a condition of this permit. Conditions: 1. The Planning Commission does hereby RECOMMEND APPROVAL of the Coastal Development Permit for the project entitled CDP 96-16 (Exhibits “1’‘-“X7” dated April 16, 1997, on file in the Plapning Department and incorporated by this reference, subject to the conditions herein set forth). Staff is authorized and directed to make, or require Developer to make, all corrections and modifications to the Coastal Development Permit document(s), as necessary, to make them internally consistent and in conformity with final action on the project. Development shall occur substantially as shown in the PC RESO NO. 4084 -2- 10 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ,20 21 22 23 24 2: 2f 2; 22 2. 3. 4. approved Exhibits. Any proposed development substantially different from this approval. shall require an amendment to this approval. Approval of CDP 96-16 is granted subject to the approval of SDP 96-14. CDP 96-16 is subject to all conditions contained in the Planning Commission Resolution for SDP 96- 14. All grading activity shall be prohibited between October 1st and April 1st of any year, or as otherwise allowed by the Mello II Local Coastal Plan. Prior to the issuance of building permits, the Agricultural Conversion Mitigation Fee shall be paid by the developer for approximately 93.35 acres as required by the Mello II Segment of the Local Coastal Program. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 16th day of April 1997, by the following vote, to wit: AYES: Chairperson Nielsen, Commissioners Compas, Heineman, Monroy, Noble, Saw-y, Welshons NOES: None ABSENT: None ABSTAIN: None .‘- - . - ATTEST: Planning Director PC RESO NO. 4084 -3- 108