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