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HomeMy WebLinkAbout2008-02-05; City Council; 19306; Legoland Inner Park SP 207F| LCPA 90-08ECITY OF CARLSBAD - AGENDA BILL 19,306AB# MTG. DEPT. PLN 02/05/08 LEGOLAND INNER PARK SP 207(F)/LCPA 90-08(E) DEPT. HEAD CITY ATTY. CITY MGR. j RECOMMENDED ACTION: That the City Council INTRODUCE Ordinance No.NS-875 APPROVING Specific Plan Amendment (SP 207(F)) and ADOPT Resolution No. 2008-028 APPROVING Local Coastal Program Amendment (LCPA 90-08(E)) based upon the findings and subject to the conditions contained therein. ITEM EXPLANATION: Project Application(s) SP 207(F) LCPA 90-08(E) Administrative Approvals Planning Commission RA RA City Council X • RA = Recommended Approval X = Final City decision -making authority •= requires Coastal Commission approval On December 5, 2007, the Planning Commission recommended approval (6-0; Whitton absent) of the Carlsbad Ranch Specific Plan Amendment and Local Coastal Program Amendment to amend the Carlsbad Ranch Specific Plan to allow for an administrative approval process for Legoland Inner Park improvements, modify the allowed uses to include overnight uses, and to define Minor and Major Specific Plan Amendments on property generally located north of Palomar Airport Road, south of Cannon Road, east of Paseo Del Norte and west of The Crossings Drive in the Mello II Segment of the Local Coastal Program and in Local Facilities Management Zone 13. The Planning Commission discussed the overnight stay program and administrative approval process. A brief statement providing project details was made from the applicant and one person from the public spoke in favor of the overnight stay program at the Planning Commission hearing. A full disclosure of the Planning Commission's actions and a complete project description and staff analysis of the proposed project are included in the attached minutes and Planning Commission staff report. The Planning Commission and Staff are recommending approval of the proposed discretionary actions. DEPARTMENT CONTACT: Van Lynch 760-602-4613 vlvnc@ci.carlsbad.ca.us FOR CITY CLERKS USE ONLY. COUNCIL* ACTION: APPROVED B] DENIED D CONTINUED D WITHDRAWN D AMENDED D CONTINUED TO DATE SPECIFIC D CONTINUED TO DATE UNKNOWN D RETURNED TO STAFF D OTHER - SEE MINUTES D Page 2 FISCAL IMPACT: No fiscal impacts to the City have been identified. ENVIRONMENTAL IMPACT: A determination that the project is within the scope of the previously certified Carlsbad Ranch Specific Plan Final Program EIR 94-01 is being requested. Finding of support can be found within Planning Commission Resolution 6356. EXHIBITS: 1. City Council Ordinance No. NS-875 2. City Council Resolution No. 2008-028 3. Location Map. 4. Planning Commission Resolutions No. 6356 and 6357. 5. Planning Commission Staff Report, dated December 5, 2007. 6. Excerpts of Planning Commission Minutes, dated December 5, 2007. EXHIBIT 1 1 ORDINANCE NO. NS-875 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ADOPTING AN AMENDMENT TO 3 THE CARLSBAD RANCH SPECIFIC PLAN (SP 207(E)) TO ALLOW FOR AN ADMINISTRATIVE APPROVAL PROCESS FOR 4 LEGOLAND INNER PARK IMPROVEMENTS, MODIFY THE ALLOWED USES TO INCLUDE OVERNIGHT USES AND TO 5 DEFINE MINOR AND MAJOR SPECIFIC PLAN AMENDMENTS ON PROPERTY GENERALLY LOCATED NORTH OF PALOMAR 6 AIRPORT ROAD, SOUTH OF CANNON ROAD, EAST OF PASEO DEL NORTE AND WEST OF THE CROSSINGS DRIVE 7 IN THE MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM AND IN LOCAL FACILITIES MANAGEMENT ZONE 8 13. CASE NAME: LEGOLAND INNER PARK 9 CASE NO.: SP 207(F) 10 The City Council of the City of Carlsbad, California, does ordain as follows: 11 WHEREAS, the Carlsbad Ranch Specific Plan was originally adopted by City 12 Council Ordinance No. NS-277 on March 16, 1993 and has been amended several times and 1^ contains the uses, development standards and design guidelines for the development of the 14 subject property; and 15 WHEREAS, the City Council of the City of Carlsbad has reviewed and 16 considered a Specific Plan Amendment (SP 207(F)) for the Carlsbad Ranch Specific Plan; and 17 WHEREAS, after procedures in accordance with requirements of law, the City 1 810 Council has determined that the public interest indicates that said Specific Plan Amendment (SP 19 207(F)) be approved. 20 NOW, THEREFORE, the City Council of the City of Carlsbad does ordain as 21 follows: 72 SECTION 1: That Specific Plan SP 207(F), on file in the Planning Department, 23 and incorporated herein by reference, is adopted. The Carlsbad Ranch Specific Plan (SP 24 207(F)) shall constitute the development plan for the property and all development within the 25 plan area shall conform to the plan. r\r SECTION 2: That the Carlsbad Ranch Specific Plan (SP 207), as amended to 27 date, and further amended by Specific Plan Amendment 207(F), dated December 5, 2007, is 28 approved. 1 SECTION 3: That Specific Plan Amendment SP 207(F) replaces text in the 2 Carlsbad Ranch Specific Plan, as shown on Attachment SP 207(F). 3 SECTION 4: That the findings and conditions of the Planning Commission in 4 Planning Commission Resolution No. 6356 shall constitute the findings and conditions of the 5 City Council. 6 EFFECTIVE DATE: This ordinance shall be effective thirty days after its 7 adoption, but not until Local Coastal Program Amendment LCPA 90-08(E) is approved by the 8 California Coastal Commission, and the City Clerk shall certify to the adoption of this ordinance 9 and cause it to be published at least once in a publication of general circulation in the City of 10 Carlsbad within fifteen days after its adoption. 11 /// 12 /// 13 /// 14 /// 15 /// 16 /// 18 /// 19 /// 20 /// 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 28 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the 5th day of February, 2008, and thereafter. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the day of , 2008, by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: APPROVED AS TO FORM AND LEGALITY RONALD R. BALL, City Attorney CLAUDE A LEWIS, Mayor ATTEST: LORRAINE M. WOOD, City Clerk (SEAL) Figures 8, 9, 10, 11 and 12, found on pages 23 through 27, identify the proposed location of land uses and the development program to be achieved on the developable portion of the Carlsbad Ranch, which is expected to build out over a 10 to 15 year time period. The acreage contained in the Parcelization map on page 27 does not directly correspond with the land use acreage as contained in the Zone 13 LFMP. The Parcelization map provides separate lots for the developable land and the roadways. While the land use maps contained in the Zone 13 LFMP provides acreage that includes the adjacent roadways in the land use area. The plans and maps provided in this specific plan are conceptual in nature only. Site Development Plans and/or Conditional Use Permits will be required prior to development in any of the Planning Areas within the Carlsbad Ranch Specific Plan, or as otherwise stated within the Implementation section of each Planning Area^ Carlsbad Ranch Specific Plan 22 E. PLANNING AREA 4 - LEGOLAND Carlsbad The focus of LEGOLAND Carlsbad will be on the provision of fun and creative, educational experiences for children in the age group 2 through 13 and their families. The planning and design shall comply with the following criteria: Establish the child as the focal point Provide for family interaction and fun Provide Environmental sensitivity including designing with nature, energy conservation, reuse, and recycling Create a "park within a park" Facilitate participation and creativity Create a world of learning Develop theme areas corresponding to LEGO brands Provide comfort and quality for guests and staff Create synergy with the local community and environment The overall concept of LEGOLAND Carlsbad may be described as a "park within a park". A significant portion of LEGOLAND Carlsbad will consist of attractive landscape areas with an emphasis on native and water conserving landscapes. Figure 36 on page 116 provides an overall planning summary of LEGOLAND Carlsbad. 1. PLANNING AREAS The general planning areas and acreages, which make up LEGOLAND Carlsbad are shown on Figure 35 on page 115. The approximately 128-acre site consists of few-two (24) distinct planning areas. These consist of the Inner Park and_7 the Outer Park, the Parking and Circulation and the Service and Administration. A brief description of the approximate size and location of each of the planning areas is provided below. a. Inner Park The Inner Park is approximately 35-TO.acres in size and includes both Active Clusters and Passive Clusters. The Inner Park planning area is located in the eenfral-northern portion of the LEGO property and serves as the core of LEGOLAND Carlsbad. The Inner Park is accessed through an entrance structure with ticketing booths and turnstiles, an entrance building with guest related facilities and retail uses, restaurant/cafe buildings, public toilets and comfort rooms, and the themed attractions buildings. Carlsbad Ranch Specific Plan 111 The key elements of LEGOLAND Carlsbad are the "Active Clusters" and "Passive Clusters". These key elements are shown on Figure 36 on page 116. Active Clusters will include LEGO attraction areas such as MINILAND and will be distinguished by plantings, paving, site furnishings, water features, pedestrian trails and landscape lighting. Rides created for these areas will be designed to allow the child and his/her family to view and interact with the LEGO models and attractions. High-speed thrill rides will not be a part of LEGOLAND Carlsbad. It is anticipated that LEGOLAND Carlsbad will include approximately five (5) Active Clusters. The size of each Active Cluster is expected to be at the range of 2 and 5 acres. Examples of activities which may occur in the Active Clusters include the following: Miniland - Miniland will be the heart of LEGOLAND Carlsbad. This area will illustrate the creative uses of LEGO bricks in a garden setting. Miniland will be alive with movement and sound and will create landmarks and scenes from the world, North America and California. It will include famous buildings and towns surrounded by landscape settings. DUPLO Play Town - DUPLO Play Town will focus on younger children. Children can enjoy attractions that will feature DUPLO theme areas and will offer plenty of creative play opportunities. Rides designed for and controlled by small children will allow them to interact with DUPLO model creations. DUPLO buildings will allow children to explore and interact with their surroundings in unique ways. LEGO Building Workshops - LEGO building workshop areas will be incorporated in several areas of the Park to allow children at different age levels to build their own LEGO creations. Master-classes led by LEGO model designers will offer groups of children and families opportunities to participate in guided building tasks with LEGO bricks and elements. LEGO Driving School - Among other educational elements will be a driving school for children to learn the rules of the road. The driving school will offer group instructions and testing of skills on a driving course with LEGO instructors. Following this driving experience, children will be awarded their own LEGO driver's license. LEGO Attraction Areas - Other attractions in LEGOLAND Carlsbad emphasize LEGO themes such as Town, Castle, and Pirates. Carlsbad Ranch Specific Plan 112 Activities created for these areas will be designed to allow the child and his/her family to view and interact with the theme LEGO models and attractions. Passive Clusters will be located next to the Active Clusters within the Inner Park. The Passive Clusters are characterized by unobstructed park like plantings with occasional walkways and limited paving, site furnishings, garden features and landscape lighting. The key objective of the passive clusters is to allow families to picnic, relax, and enjoy the park atmosphere. Service and Administration The Service and Administration planning area is located on the eastern end of the project site. The service and administrative buildings will include storage, workshops, staff, educational and administrative facilities. External waste and storage facilities will be established in connection with the storage building. b. Outer Park The Outer Park contains landscape areas and parking facilities for LEGOLAND Carlsbad. 7 which may accommodate future Inner Park expansion:—The Outer Park also contains landscaped buffers which lie between LEGOLAND Carlobad and the adjacent LEGO Drive.—T-be landscaped service road will be located within the Outer Park. The actual boundaries o'f both the Inner Park and Outer Park as well as the acreage of the Planning Areas may vary and will be precisely determined at the time of the Site Development Plan review. Carlsbad Ranch Specific Plan 113 Parking and Circulation Proposed parking consists of areas for guest parking, bus parking, recreation vehicle and employee parking. Guest parking includes provisions for handicap parking in accordance with the Americans with Disabilities Act. In an effort to work with the existing topography of the site and maximize views within LEGOLAND Carlsbad, the parking area is designated for the southern portion of the LEGO site. Access to the guest parking will be taken from LEGO Drive by way of Cannon Road. All directional signaqe including freeway signs, signs on Palornar Airport Road and promotional advertisements shall direct motorists towards Cannon Road. Parking expansion space will be provided within the LEGO park site adjacent to the parking lot on the south. This will also provide space for parking overflow should it be needed during peak visitor days. Employee and bus parking facilities will be provided at the southeastern portion of the site. Access to these areas will be from Palomar Airport Road via Hidden Valley Road. Emergency vehicle access is also provided via Hidden Valley Road. Details of the parking areas will be provided as a part of the application for the Site Development Plan. Carlsbad Ranch Specific Plan 114 \o LEGOLAND CALIFORNIA f"iv Vi• f Iii' i ' rtPf*4' ****^ IS\0" •^••Vr™" ^,.,_•%.tf INNER PARK BOUNDARY I /=§':;•/ "•"""'/.,""„, '/ '• ,##&• ^ " ' v:iC^*,^, tv«c INNER PARK V -m*?*' .u-r /.. ^u>1os'-V ^:.,, X >r ' ,/,-'" :.^-.- • "•" ' -^-'O,1 OUTERPARK 1 * '' ; '^'', ^ ^^^ / \vt^ *J " - ^1 „/--/"" . • . -If>:!• "!'i<: ' (•"•' * *"ti! ' ' ' \ ',..'• >, ' r^^ss.-jJjU^B^"^ , ' i. „ ) ' ^f \ ' '°°»-' \ t_ .„,.„, />l1 I1"'1 t"t """ X \,p^^S^3 N_^' ^T^1"^ \>5 ^--'^""'"^" «^°r ^,(,u"^n'l>('t North « 0 100' 200' 400' G-. Parking and Circulator Proposed parking consists of areas for guest parking, bus parking, recreation vehicle and employee parking. Guest parking includes provisions for handicap parking in accordance with the Americans with Disabilities Act. In an effort to work with the existing topography of the site and maximize views within LEGOLAND Carlsbad, the parking area is designated for the southern portion of the LEGO site. Access to the guest parking will be taken from LEGO Drive by way of Cannon Road. All directional signage including freeway—signs,—si§fts—en—Palomar Airport—Read—and—promotional advertisements shall direct motorists towards Cannon Road.—Parking expansion space will be provided within the LEGO park site adjacent to the parking lot on the south. This will also provide space for parking overflow should it be needed during peak visitor days. Employee and bus parking facilities will be provided at the southeastern portion of the site. Access to these areas will be from Palomar Airport Road via Hidden Valley Road. Emergency vehicle access is also provided via Hidden Valley Road.—Details of the parking areas will be provided as a part of the application for the Site Development Plan. 4-. Service and Administration The Service and Administration planning area is proposed to be located on the eastern end of the project site. The service and administrative buildings—wtH—include—storage,—workshops,—staff;—educational—afl4 administrative facilities.—External waste and storage facilities will be established in connection with the storage building. 2. DEVELOPMENT STANDARDS The following are specific development and design guidelines applicable to this Planning Area. However, Section IMA GENERAL DEVELOPMENT STANDARDS AND DESIGN GUIDELINES beginning on page 63 contains additional development standards and design guidelines that are applicable to all Planning Areas within this Specific Plan Amendment. Carlsbad Ranch Specific Plan 118 a. Permitted uses within LEGOLAND Carlsbad are as follows: Entrance facility; Toll "plaza"; Retail shops, not including drive-up or drive-in services; Restaurants, not including drive-up or drive-in services; Service buildings associated with Park activities; Offices related to Park activities, business and administration; Ancillary uses related to LEGO park; Indoor and outdoor facilities for children related to entertainment and education including overnight uses, but not including high-speed thrill rides (those rides typically oriented towards the teenage and young adult audience); Water features, lakes; Picnic areas; Landscaped areas; Guest services and facilities; Accessory uses which are clearly incidental or necessary to principal permitted uses; People moving systems; Signs related to Park activities; Parking; Any other uses as determined by the Planning Director to be of the same general character as the uses listed above. b. Permitted temporary uses within LEGOLAND Carlsbad which are limited in duration, but occur from time to time, are as follows: Festivals; Craft fairs; Markets; Construction facilities; trailers, equipment and material storage areas; ancillary uses related to project construction. Carlsbad Ranch Specific Plan 119 3. Planning Area 3 Any development of the property including hotels and/or commercial living units (timeshares) shall be subject to the approval of a Site Development Plan pursuant to Section 21.06 (Qualified Overlay Zone) of the Carlsbad Municipal Code. In addition, a hotel or commercial living unit (timeshare) project shall be subject to the requirements of Section 21.42.010(10) of the Carlsbad Municipal Code. In addition to the above requirements, the City Council shall make the final decision to approve or disapprove the Site Development Plan. Any other uses proposed for this site that is not specifically addressed herein shall be subject to all applicable processing requirements of the underlying zone and Title 21 (Zoning) of the Carlsbad Municipal Code. 4. Planning Area 4 (LEGOLAND Carlsbad) Any development of the property shall be subject to the approval of a Site Development Plan pursuant to Section 21.06 (Qualified Overlay Zone) of the Carlsbad Municipal Code. Due to the unique nature of LEGOLAND Carlsbad, the Site Development Plan shall be submitted to both the Planning Commission and City Council for review. The City Council shall make the final decision to approve or disapprove the Site Development Plan. This specific plan authorizes and approves a LEGOLAND family park as a permitted use of the Planning Area for zoning purposes and, therefore, a conditional use permit shall not be required pursuant to Section 21.42.010(6)(F) of the Carlsbad Municipal Code. Planning Area 4 contains the entire LEGOLAND theme park. As shown on Exhibit 35. the park is divided into the inner park and the outer park. The inner park contains all of the existing attractions, food services and administrative services and areas for future expansion. The outer park is the area reserved for parking and a large portion of the perimeter landscape buffer. This specific plan authorizes and approves a LEGOLAND family park as a permitted use subject the approval of a Site Development Plan. A Site Development Plan (SDP 96-14) and Coastal Development Permit (GDP 96-16) were approved for the entire park by City Council Resolution 97-670 on May 20.1997. This specific plan authorizes and approves a LEGOLAND family park as a permitted use of the Planning Area for zoning purposes and, therefore, a conditional use permit shall not be required pursuant to Section 21.42.010(5)(F) of the Carlsbad Municipal Code. Any development of the property shall be subject to the processes as described below. Carlsbad Ranch Specific Plan 203 Outer Park Any development within the Outer Park shall be subject to the approval of a Site Development Plan pursuant to Section 21.06 (Qualified Overlay Zone) of the Carlsbad Municipal Code. Inner Park All future park projects within the Inner Park that comply with the development standards and design guidelines set forth in this Specific Plan shall be processed as a Minor Site Development Plan and Minor Coastal Development Permit subject to Planning Director approval. The Planning Director shall ascertain all facts pertinent to the proposed development and shall approve, conditionally approve, disapprove or give notice of referral to the Planning Commission, together with the findings and reasons for such action. An application for a Minor Site Development Plan/Minor Coastal Development Permit shall be made in accordance with the procedures set forth below: (1) An application for a Minor Site Development Plan/Minor Coastal Development Permit may be made by the record owner or owners of the property affected or the authorized agent of the owner or owners. The application shall be filed with the Planning Director upon forms provided by him. The application shall be accompanied by adequate plans which allow for detailed review, a legal description of the property and all other materials and information specified by the Planning Director. (2) At the time of filing the application, the applicant shall pay a processing fee in an amount specified by City Council resolution. (3) If the applicant contemplates the construction of a LEGOLAND project in phases, the application shall so state and shall include a proposed phasing schedule. (4) For minor coastal development permits, notwithstanding Section 21.201.080. all applications regardless of the cost of development shall be approved or disapproved by the Planning Director. Findings of the Planning Director. In approving a Minor Site Development Plan/Minor Coastal Development Permit, the Planning Director shall make the following findings: Carlsbad Ranch Specific Plan 204 (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; (2) That the site for the intended use is adequate in size and shape to accommodate the use: (3) That all of the yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the requested use to existing or permitted future uses in the neighborhood will be provided and maintained: (4) That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use (5) The development has no adverse effect individually or cumulatively on coastal resources or public access to the shoreline or along the coast. Notification. The planning director shall notify the applicant in writing of any decision made on a Minor Site Development Plan/Minor Coastal Development Permit. Prior to that notification, the City Attorney shall review and approve the findings of the Planning Director. Effective Date of Order and Appeal of Planning Director Decision. The effective date of the Planning Director's decision and method for appeal of such decision shall be governed by Section 21.54.140 of the municipal code. Development Agreement Additionally, a Development Agreement may be entered into between the City of Carlsbad and LEGO. This Development Agreement shall not conflict with the requirements of this specific plan. Amendments to the Site Development Plan Carlsbad Ranch Specific Plan 205 The following types of minor amendments may be approved administratively by the Planning Director: a. Changes to the design and location of landscaping within the interior of the park. b. Revisions to the design and landscaping of the parking area that will not substantially impact vehicular or pedestrian access. c. The relocation of attractions within the interior of the park that will not substantially alter the appearance of the park from any adjacent public road. d. Revisions to the architecture of buildings as long as the revisions are in conformance with the Design Guidelines of Section IV.E.3 ( LEGOLAND Carlsbad Design Guidelines) of this specific plan. e. Any other similar type of revisions determined to be minor in nature by the Planning Director. All other amendments to the Site Development Plan shall be reviewed and approved by the Planning Commission pursuant to the procedures contained within Chapter 21.06 of the Carlsbad Municipal Code and, additionally, the Planning Commission shall have the right to refer any substantial amendments of a controversial nature to the City Council. 5. Planning Area 5 Any development of the property including hotels and/or commercial living units (timeshares) shall be subject to the approval of a Site Development Plan pursuant to Section 21.06 (Qualified Overlay Zone) of the Carlsbad Municipal Code. In addition, a hotel or commercial living unit (timeshare) shall be subject to the requirements of Section 21.42.010(10) of the Carlsbad Municipal Code. In addition to the above requirements, the City Council shall make the final decision to approve or disapprove the Site Development Plan. Any other uses proposed for this site that are not specifically addressed herein shall be subject to all applicable processing requirements of the underlying zone and Title 21 (Zoning) of the Carlsbad Municipal Code. 6. Planning Area 6 Any development of the property shall be subject to the approval of a Site Development Plan pursuant to Section 21.06 (Qualified Overlay Zone) of the Carlsbad Municipal Code. Any other uses proposed for this site that are not Carlsbad Ranch Specific Plan 206 VIII. SPECIFIC PLAN ADMINISTRATION A. INTRODUCTION Approval of this Specific Plan signifies acceptance by the City of a general framework as well as specific development standards for the build out of Carlsbad Ranch. It is anticipated that certain amendments to the specific plan may be necessary during the development of the area. Any amendments to the specific plan shall occur in accordance with the Carlsbad General Plan and the amendment process described in this section. Amendments may be initiated by the City Council or the property owner. Amendments to the Carlsbad Ranch Specific Plan shall be subject to the review and approval of the City Council provided public input has been solicited through public hearings. The Planning Commission shall first hear and consider all applications for an amendment to the specific plan. The Planning Commission shall prepare a recommendation and findings on all applications for an amendment to the City Council. As required by the Government Code and the California Environmental Quality Act all agencies significantly affected by the amendment to the plan shall also be notified of the proposed action prior to approving the amendment of the specific plan. Depending on the extent and impact of tee-a proposed Specific Plan Amendment, a subsequent Environmental Impact Report or mitigated negative declaration which focuses on the new impacts may be warranted. Two categories of amendments to the Specific Plan can be processed: Minor and Major Specific Plan Amendments. B. STATE REQUIREMENTS As contained in Section 65450, et. seq. of the California Government Code, a specific plan shall be prepared, adopted, and amended in the same manner as a general plan, except that a specific plan may be adopted by resolution or by ordinance and may be amended as often as deemed necessary by the legislative body. No specific plan may be adopted or amended unless the proposed plan or amendment is consistent with the City's General Plan. C. LOCAL REQUIREMENTS It is anticipated that certain amendments to the specific plan may be necessary during the development of the area. Any amendments to the specific plan shall occur in accordance with the Carlsbad General Plan. The amendment process is described below. Amendments may be initiated by the City Council or the property owner. All amendments shall be submitted to the California Coastal Commission for their review and approval, prior to their enactment, in accordance with the Coastal Act of 1976 and the California Code of Regulations. Carlsbad Ranch Specific Plan 237 1. MINOR SPECIFIC PLAN AMENDMENTS Minor amendments that meet the criteria noted below shall be reviewed for approval administratively by the Planning Director: a. Expansions or reductions of up to 10% in area may be allowed by the Planning Director. b. Realignment or modification of internal streets serving the project, lot lines, site access locations, easement locations and grading adjustments, if approved by Planning Director and City Engineer. c. Minor modifications that do not change the densities or uses of the subject property as determined bv the Planning Director. d. Modification of design criteria such as minor architectural style or detail changes, landscape treatments, fencing, lighting, etc.. provided the modifications are in substantial conformance with purpose and intent of the design criteria in the Specific Plan; and with the baseline approval of the subject project. A Local Coastal Program Amendment will not be required for Minor Specific Plan Amendments. 2. MAJOR SPECIFIC PLAN AMENDMENTS All modifications to the Carlsbad Ranch Specific Plan that do not meet the criteria of a Minor Amendment as determined bv the Planning Director through the criteria listed above shall require a Major Specific Plan Amendment. Major Amendments to the Carlsbad Ranch Specific Plan shall be reviewed and acted upon bv the City Council, after a recommendation of the Planning Commission . This Specific Plan was prepared pursuant to California Government Code Section 65450, et. seq. and is partial implementation of the Mello II Segment of the Local Coastal Program. All Major Amendments to the Carlsbad Ranch Specific Plan shall be submitted to the California Coastal Commission for their review and approval of a corresponding Local Coastal Program Amendment, prior to their enactment, in accordance with the Coastal Act of 1976 and the California Code of Requlations(Title 14. Division 5.5: California Coastal Commission Administrative Regulations). Carlsbad Ranch Specific Plan 238 Major Amendments to the Specific Plan shall be processed in accordance with the applicable requirements of law, which include Section 65450, et. seq. of the California Government Code, the California Coastal Act of 1976, and the California Code of Regulations (Title 14, Division 5.5; California Coastal Commission Administrative Regulations). Carlsbad Ranch Specific Plan 239 n20 EXHIBIT 2 1 RESOLUTION NO. 2008-028 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A DETERMINATION 3 THAT THE PROJECT IS WITHIN THE SCOPE OF THE PREVIOUSLY CERTIFIED CARLSBAD RANCH SPECIFIC PLAN 4 PROGRAM EIR AND THAT THE PROGRAM EIR ADEQUATELY DESCRIBES THE ACTIVITY FOR THE PURPOSES OF CEQA 5 AND APPROVING A SPECIFIC PLAN AMENDMENT AND A LOCAL COASTAL PROGRAM AMENDMENT TO AMEND THE 6 CARLSBAD RANCH SPECIFIC PLAN TO ALLOW FOR AN ADMINISTRATIVE APPROVAL PROCESS FOR LEGOLAND 7 INNER PARK IMPROVEMENTS, MODIFY THE ALLOWED USES TO INCLUDE OVERNIGHT USES, AND TO DEFINE MINOR 8 AND MAJOR SPECIFIC PLAN AMENDMENTS ON PROPERTY GENERALLY LOCATED NORTH OF PALOMAR AIRPORT 9 ROAD, SOUTH OF CANNON ROAD, EAST OF PASEO DEL NORTE AND WEST OF THE CROSSINGS DRIVE IN THE 10 MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM AND IN LOCAL FACILITIES MANAGEMENT ZONE 13. 11 CASE NAME: LEGOLAND INNER PARK CASE NO.: SP 207(FVLCPA 90-08(E)12 WHEREAS, pursuant to the provisions of the Municipal Code, the Planning Commission did, on December 5, 2007, hold a duly noticed public hearing as prescribed by law14 to consider a Specific Plan Amendment and Local Coastal Program Amendment and WHEREAS, the City Council of the City of Carlsbad, on the 5tb day of16 February i 2008, held a duly noticed public hearing to consider said Specific Plan Amendment and Local Coastal Program Amendment and at that time receivedlo recommendations, objections, protests, comments of all persons interested in or opposed to the SP 207(F) and LCPA 90-08(E). 91 The City Council of the City of Carlsbad, California, does hereby resolve as 21 follows: 22 1. That the above recitations are true and correct. 23 2. That the findings and conditions of the Planning Commission as set forth in 24 Planning Commission Resolution Nos. 6356 and 6357 on file with the City Clerk, and made a part hereof by reference, are the findings and conditions of the City Council. 25 3. That the application for a Specific Plan Amendment (SP207(F)) and Local 26 Coastal Program Amendment (LCPA 90-08(E)) on property generally located north of Palomar Airport Road, south of Cannon Road, east of Paseo Del Norte and west of The Crossings Drive 2' is approved as shown in Planning Commission Resolutions No. 6356 and 6357. 28 1 4. That the approval of LCPA 90-08(E) shall not become effective until it is approved by the California Coastal Commission and the California Coastal Commission's 2 approval becomes effective. 5. This action is final the date this resolution is adopted by the City Council and is subject to the approval of the LCPA 90-08(E) by the California Coastal Commission. The Provisions of Chapter 1.16 of the Carlsbad Municipal Code, "Time Limits for Judicial Review" shall apply: "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 review must be filed in the appropriate court not later than the nineteenth day following the date on which this decision becomes final; however, if within ten days after the 10 decision becomes final a request for the record of the deposit in an amount sufficient to cover the estimated cost or preparation of such 11 record, the time within which such petition may be filed in court is extended to not later than the thirtieth day following the date on which the 12 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 13 record of the proceedings shall be filed with the City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, CA. 92008." 14" 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ,-2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 5th day of February, 2008, by the following vote to wit: AYES: Council Members Lewis, Kulchin, Hall, Packard and Nygaard. NOES: None. ABSENT: None. IS, Mayor ATTEST: LORRAINBM. WOOD (SEAL) U I EXHIBIT 3 N07 TO SCALE SITEMAP Legoland Inner Park SP 207(F)/LCPA 90-08(E) EXHIBIT 4 1 PLANNING COMMISSION RESOLUTION NO. 6356 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF SPECIFIC PLAN AMENDMENT NO. 207(F) 4 TO ALLOW FOR AN ADMINISTRATIVE APPROVAL PROCESS FOR LEGOLAND INNER PARK IMPROVEMENTS, MODIFY THE ALLOWED USES TO INCLUDE OVERNIGHT 6 USES AND TO DEFINE MINOR AND MAJOR SPECIFIC PLAN AMENDMENTS ON PROPERTY GENERALLY 7 LOCATED NORTH OF PALOMAR AIRPORT ROAD, SOUTH OF CANNON ROAD, EAST OF PASEO DEL NORTE AND 8 WEST OF THE CROSSINGS DRIVE IN THE MELLO II o SEGMENT OF THE LOCAL COASTAL PROGRAM AND IN LOCAL FACILITIES MANAGEMENT ZONE 13. 10 CASE NAME: LEGOLAND INNER PARK CASE NO.: SP 207(F) 11 WHEREAS, Merlin Entertainments Group US Holdings, Inc., 13 "Developer/Owner," has filed a verified application with the City of Carlsbad regarding property 14 described as 15 Lots 18 and 19 of City of Carlsbad Tract 94-09, Carlsbad ,,- Ranch-Units 2 and 3, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 13408, 17 recorded in the Office of the County Recorder of San Diego County on April 1,1997 18 ("the Property"); and 2Q WHEREAS, said verified application constitutes a request for a Specific Plan 21 Amendment as shown on Exhibit "X" dated December 5, 2007, attached hereto, and on file in 22 the Carlsbad Planning Department, LEGOLAND INNER PARK - SP 207(F) as provided by 23 SP 207(E) and Government Code Section 65.453; and 24 WHEREAS, the Planning Commission did, on the 5th day of December 2007, '25 hold a duly noticed public hearing as prescribed by law to consider said request; and26 27 WHEREAS, at said public hearing, upon hearing and considering all testimony 28 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Specific Plan Amendment; and '25 6. The streets and thoroughfares are suitable and adequate to carry the anticipated traffic 2 thereon as there is not a significant traffic increase associated with the proposed overnight stay program and any additional traffic would not exceed the original 3 projected traffic generation for the project. No traffic impacts are associated with the proposed Specific Plan Amendment. 4 7. Any proposed commercial development can be justified economically at the location proposed and will provide adequate commercial facilities of the types needed at such location proposed. 7 8. The area surrounding the development is or can be planned and zoned in coordination and substantial compatibility with the development. 8 9. The Planning Director has determined that: 9 a. the project is a(n) subsequent activity of the Carlsbad Ranch Specific Plan (SP 207(A)) for which a program EIR was prepared, and a notice for the activity has been given, which includes statements that this activity is within the scope of the program approved earlier, and that the program EIR adequately describes the 12 activity for the purposes of CEQA); [15168(c)(2) and (e)]; and b. this project is consistent with the Carlsbad Ranch Specific Plan cited above; and 14 c. the Carlsbad Ranch Specific Plan EIR 94-01 was certified by the City Council 15 on January 9, 1996 in connection with the prior plan; and 16 d. the project has no new significant environmental effect not analyzed as significant in the prior EIR; and e. none of the circumstances requiring a Subsequent EIR or a Supplemental EIR under CEQA Guidelines Sections 15162 or 15163 exist; and 19 f. all feasible mitigation measures or project alternatives identified in the Carlsbad Ranch Specific Plan EIR 94-01, which are appropriate to this Subsequent 2, Project, have been incorporated into this Subsequent Project. 22 10. The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed 23 to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. 24 Conditions;25 », 1. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so 27 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 28 future building permits; deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said PC RESO NO. 6356 -3- 1 NOTICE 2 Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as A "fees/exactions." 5 You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 6 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading, or other similar application processing or service fees in connection with this ., project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise 12 expired. 13 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning 14 Commission of the City of Carlsbad, California, held on the 5th day of December, 2007, by the following vote, to wit: 16 AYES: Chairperson Baker, Commissioners Boddy, Cardosa, Dominguez, 17 Douglas, and Montgomery 18 NOES: 19 ABSENT: Commissioner Whitton 20 ABSTAIN: 21 " 22 23 24 JULIE BAKE&, Chairperson CARLSBAD PLANNING COMMISSION 25 " 26 ATTEST: 27 28 DONNEU Planning Director PC RESO NO. 6356 -5- 1 SECTION 3: That Specific Plan Amendment SP 207(F) replaces text in the 2 . Carlsbad Ranch Specific Plan, as shown on Attachment SP 207(F). 3 SECTION 4: That the findings and conditions of the Planning Commission in 4 Planning Commission Resolution No. 6356 shall constitute the findings and conditions of the 5 City Council. 6 EFFECTIVE DATE: This ordinance shall be effective thirty days after its 7 adoption, but not until Local Coastal Program Amendment LCPA 90-08(E) is approved by the 8 California Coastal Commission, and the City Clerk shall certify to the adoption of this ordinance 9 and cause it to be published at least once in a publication of general circulation in the City of 10 Carlsbad within fifteen days after its adoption.. 11 /// 12 /// 13 /// 14 /// 15 /// 16 ,„. 17 /// 18 /// 19 /// 20 /// 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 -2- SP 207(F) Figures 8, 9, 10, 11 and 12, found on pages 23 through 27, identify the proposed location of land uses and the development program to be achieved on the developable portion of the Carlsbad Ranch, which is expected to build out over a 10 to 15 year time period. The acreage contained in the Parcelization map on page 27 does not directly correspond with the land use acreage as contained in the Zone 13 LFMP. The Parcelization map provides separate lots for the developable land and the roadways. While the land use maps contained in the Zone 13 LFMP provides acreage that includes the adjacent roadways in the land use area. The plans and maps provided in this specific plan are conceptual in nature only. Site Development Plans and/or Conditional Use Permits will be required prior to development in any of the Planning Areas within the Carlsbad Ranch Specific Plan, or as otherwise stated within the Implementation section of each Planning-Area- Cor/sbod Ranch Specific Plan 22 •23 The key elements of LEGOLAND Carlsbad are the "Active Clusters" and "Passive Clusters". These key elements are shown on Figure 36 on page 116. Active Clusters will include LEGO attraction areas such as MINILAND and will be distinguished by plantings, paving, site furnishings, water features, pedestrian trails and landscape lighting. Rides created for these areas will be designed to allow the child and his/her family to view and interact with the LEGO models and attractions. High-speed thrill rides will not be a part of LEGOLAND Carlsbad. It is anticipated that LEGOLAND Carlsbad will include approximately five (5) Active Clusters. The size of each Active Cluster is expected to be at the range of 2 and 5 acres. Examples of activities which may occur in the Active Clusters include the following: Miniland - Miniland will be the heart of LEGOLAND Carlsbad. This area will illustrate the creative uses of LEGO bricks in a garden setting. Miniland will be alive with movement and sound and will create landmarks and scenes from the world, North America and California. It will include famous buildings and towns surrounded by landscape settings. . . DUPLO Play Town - DUPLO Play Town will focus on younger children. Children can enjoy attractions that will feature-DUPLO theme areas and will offer plenty of creative play opportunities. Rides designed for and controlled by small children will allow them to .interact with DUPLO model creations. DUPLO buildings will allow children to explore and interact with their surroundings in unique ways. LEGO Building Workshops - LEGO building workshop areas will be incorporated in several areas of the Park to allow children at different age levels to build their own LEGO creations. Master-classes led by LEGO model designers will offer groups of children and families opportunities to participate in guided building tasks with LEGO bricks and elements. LEGO Driving School - Among other educational elements will be a driving school for children to learn the rules of the road. The driving school will offer group instructions and testing of skills on a driving course with LEGO instructors. Following this driving experience, children will be awarded their own LEGO driver's license. t LEGO Attraction Areas - Other attractions in LEGOLAND Carlsbad emphasize LEGO themes such as Town, Castle, and Pirates. Carlsbad Ranch Specific Plan 112 Parking and Circulation Proposed parking consists of areas for quest parking, bus parking, recreation vehicle and employee parking. Guest parking inciudes provisions for handicap parking in accordance with the Americans with Disabilities Act In an effort to work with the existing topography of the site and maximize views within LEGOLAND Carlsbad, the parking area is designated for the southern portion of the LEGO site. Access to the..quest parking will be taken from LEGO Drive by way of Cannon Road. All directional siqnaqe including freeway signs, signs . on PalomarAirport Road and promotional advertisements shall direct motorists towards Cannon Road. Parking expansion space will be provided within the LEGO park site adjacent to the parking lot on the south. This will also provide space for parking overflow should it be needed during peak visitor days. Employee and bus parking facilities will be provided at the southeastern portion of the site. ....Access.to these areas wiil be from Palomar Airport Road via Hidden Valley Road. Emergency vehicle access is also provided via Hidden Valley Road. Details of the parking areas will be pj-ovided as a part of the application for the Site Development Plan. Carlsbad Ranch Specific Plan 114 G-. Parking and Circulation; Proposed parking consists of areas for guest pa-fking, bus-parking-,- recreation vehicle and-empioyee parking: Guest parking includes provisions for handicap parking In accordance with the Americans with Disabilities Aot-.- In an effort to work-with the-existing topography of the site and "maximize views' within LEGOLAND Carlsbad, the parking area is designated for the southern-portion of the LEGO site. Access to the guest parking will be taken fr-em LEGO Drive byway of Cannon Road. Al! directional s^§Rage including freeway—signs,—signs—en—Paiomar Airport—Read—a«d—promotiona! advertisements shai! direct motorists • towards Cannon Road.—Parking expansion space wilt be provided within the LEGO park site adjacent to the parking iot on the south. This will also provide space for parking overflew should it be needed-during peak visitor days. Employee and—bus parking facilities will be provided at the southeastern portion of the site. Adcess to these areas will be from Paiomar Airport Road via Hidden Valtey Road. Emergency vehicle access is aiso provided via Hidden Vaiiey Road.—Details of fee parking areas will be provided as a part of the application for the Sits Development Plan- 4-. Service and Administration The Service and Administration planning area is proposed to be located on the eastern end of the project site. The service and administrative buildings—wiH—include—storage,—workshops,—steff;—educational • and administrative facilities.—External waste and storage facilities will be established in connection with the storage building. 2. DEVELOPMENT STANDARDS The following are specific development and design guidelines applicable to this Planning Area. However, Section III.A. GENERAL DEVELOPMENT STANDARDS AND DESIGN GUIDELINES beginning on page 63 contains additional development standards and design guidelines that are applicable to all Planning Areas within this Specific Plan Amendment. Carlsbad Ranch Specific Plan 118 3. Planning Area 3 Any development of the property including hotels and/or commercial living units (timeshares) shall be subject to the approval of a Site Development Plan pursuant to Section 21.06 (Qualified Overlay Zone) of the Carlsbad Municipal Code. In addition, a hotel or commercial living unit (timeshare) project shall be subject to the requirements of Section 21.42.010(10) of the Carlsbad Municipal Code. In addition to the above requirements, the City Council shall make the final decision to approve or disapprove the Site Development Plan. Any other uses proposed for this site that is not specifically addressed herein shall be subject to all applicable processing requirements of the underlying zone and Title 21 (Zoning) of the Carlsbad Municipal Code. 4. Planning Area 4 (LEGOLAND Carlsbad) Any deveiopmsnt of the property shall be subject to the approval of a Site Development Plan pursuant to Section 21.06 (Qualified Overlay Zone) of the Garlsbad-M-unicJpag Code. Due to the' unique nature of LEGOLAMD Carlsbad, the Site Development Plan shall be submitted to both the Planning Commission and City Council for review. The City Council shall make the final decision to approve or disapprove the Site Development Plan. This specific pian authorizes and approves a LEGOLAND family park as a permitted use of the Planning Area for zoning purposes and, therefore, a conditional use permit shai! not be required pursuant to Section 21.42.010(5)(F) cf tho Cariobad Municipal Code. Planning Area 4 contains the entire LEGQLAND theme park. As shown on Exhibit 35. the park is divided into the inner park and the outer park. The inner park contains all of the existing attractions, food services and administrative services and areas for future expansion. The outer park is the area reserved for parking and a large portion of the perimeter landscape buffer. This specific plan authorizes and approves a LEGOLANDfamily park as a permitted use subject the approval of a Site Development Plan. A Site Development Plan (SDP 96-14) and Coastal Development Permit (GDP 96-16) were approved for the entire park by City Council Resolution 97-670 on May 20.1997. This specific pian authorizes and approves a LEGOLAND family park as a permitted use of the Planning Area for zoning purposes.and, therefore, a conditional use permit shall not be required pursuant to Section 21.42.010(5)(F) of the Carlsbad Municipal Code. Any development of the property shall be subject to the processes as described below. Carlsbad Ranch Specific Plan 203 (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, wil! 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, surroundjngs or traffic circulation; (2) That the site for the inten_ded_use. is ._adequateln size and .shape to iccomrnodate the use; (3) That all of the yards, setbacks, waffs, fences, landscaping, and other featyres necessary to adjust the requested use to existing or permitted future uses in the neighborhood will be provided and maintained; (4) That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use (5) The development has no adverse effect individually or cumulatively on coastal resources or public access to the shoreline or along the coast. Notification. • ' • The planning director shaft notify the applicant in writing of any decision made on a Minor Site Development Plan/Minor Coastal Development Permit. Effective Date of Order and Appeal of Planning Director Decision. The effective date of the Planning Director's decision and method for appeal of such decision shall be governed by Section 21.54.140 of the municipal code. Development Agreement Additionally, a Development Agreement may be entered into between the City of Carlsbad and LEGO. This Development Agreement shall not conflict with the requirements of this specific plan. Amendments to the Site Development Plan The following types of minor amendments may be approved administratively by the Planning Director: Carlsbad Ranch Specific Plan 205 VIII. SPECIFIC PLAN ADMINISTRATION A. INTRODUCTION Approval of this Specific Plan signifies acceptance by the City of a general framework as well as specific development standards for the butfd out of Carlsbad Ranch. It.is anticjp_ated that certain amendmente to the specific plan may be necessary during the development of the area. Any amendments to the specific plan shall occur in accordance with the Carlsbad General Plan and the amendment process described in this section. Amendments may be initiated bv the City Council Qrthe_E>rQpe.rt\r_Qwner. Amendments to the Carisbad Raneh-SpeGific Plan shall be subject to the review and approval of the City Council provided public input, hao been solicited through'public hearings". The Planning Commission shall first hear and consider ail'applications for an amendment to the specific plan. The Planning Commission shall prepare a •recommendation and findings on ail applications for an amendment to the City'Council.-As required by the Government Code'and-the California Environmental Quality Act ail agencies significantly affected by the amendment to the plan shail also be notified of the proposed action prior to-approving the amendment of the specific plan. Depending on the extent and impact of fee-a proposed Specific Plan Amendment, a subsequent Environmental Impact Report or mitigated negative declaration which focuses on the new impacts may be warranted. Two categories of amendments to the Specific Plan can be processed: Minor and Major Specific Plan Amendments. B. STATE REQUIREMENTS As contained in Section 65450, et. seq. of the California Government Code, a specific plan shall be prepared, adopted, and amended in the same manner as a general plan, except that a specific plan may be adopted by resolution or by ordinance and may be amended as often as deemed necessary by the legislative body. No specific plan may be adopted or amended unless the proposed plan or amendment is consistent with the City's General Plan. C. LOCAL REQUIREMENTS it is anticipated that-certain amendments to the specific pian may be necessary during the development of the area. Any amendments to the specific plan snail occur in accordance with the Carisbad General Pian. The amendment process is described below. Amendments may-be initiated by the City Counci! or the property owner. Ail amendments 'Shall be submitted to the California Coastal Commission for their review and approval, prior to their enactment, in accordance with the Coastal Act of 1876 and the California Code of Regulations. Carlsbad Ranch Specific Pian 237 MiiQLAmendments to the Specific Plan shall be processed in accordance with the applicable requirements of law, which include Section 65450, et. seq. of the California Government Code, the California Coastal Act of 1976, and the California Code of Regulations (Title 14, Division 5.5; California Coastal Commission Administrative Regulations). Carlsbad Ranch Specific Plan 239 1 PLANNING COMMISSION RESOLUTION NO. 6357 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF AN AMENDMENT TO THE 4 IMPLEMENTATION PLAN OF THE MELLO II SEGMENT OF THE CARLSBAD LOCAL COASTAL PROGRAM 5 AUTHORIZING AN AMENDMENT TO THE CARLSBAD 6 RANCH SPECIFIC PLAN TO ALLOW FOR AN ADMINISTRATIVE APPROVAL PROCESS FOR LEGOLAND 7 INNER PARK IMPROVEMENTS, MODIFY THE ALLOWED USES TO INCLUDE OVERNIGHT USES AND TO DEFINE 8 MINOR AND MAJOR SPECIFIC PLAN AMENDMENTS ON PROPERTY GENERALLY LOCATED NORTH OF PALOMAR AIRPORT ROAD, SOUTH OF CANNON ROAD, EAST OF 10 PASEO DEL NORTE AND WEST OF THE CROSSINGS DRIVE IN THE MELLO II SEGMENT OF THE LOCAL 11 COASTAL PROGRAM AND IN LOCAL FACILITIES MANAGEMENT ZONE 13. 12 CASE NAME: LEGOLAND INNER PARK 13 CASE NO: LCPA 90-08nE) 14 WHEREAS, Merlin Entertainments Group US Holdings, Inc., 15 "Developer/Owner," has filed a verified application with the City of Carlsbad regarding property described as 17 Lots 18 and 19 of City of Carlsbad Tract 94-09, Carlsbad 18 Ranch-Units 2 and 3, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 13408, I" recorded in the Office of the County Recorder of San Diego 2Q County on April 1,1997 21 ("the Property"); and 22 WHEREAS, said verified application constitutes a request for a Local Coastal 93•" Program Amendment as shown on Exhibit "X" dated December 5, 2007, attached to Planning 24 Commission Resolution No. 6356, as provided in Public Resources Code Section 30574 and 25 Article 15 of Subchapter 8, Chapter 2, Division 5.5 of Title 14 of the California Code of 26 Regulations of the California Coastal Commission Administrative Regulations; and Z* I 2g WHEREAS, the Planning Commission did on the 5th day of December, 2007, hold a duly noticed public hearing as prescribed by law to consider said request; and IS7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2. That the proposed amendment to the Implementation Plan of the Mello II segment of the Carlsbad Local Coastal Program is required to bring it into consistency with the Carlsbad Ranch Specific Plan. Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to building permit or grading permit issuance, whichever occurs first. 1. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's approval of this Local Coastal Program Amendment. 2. This approval is granted subject to the approval of SP 207(F) and is subject to all conditions contained in Planning Commission Resolution No. 6356 for the other approval incorporated herein by reference. PASSED, APPROVED, AND ADOPTED at a regular meeting to the Planning Commission of the City of Carlsbad, held on the 5th day of December 2007, by the following vote, to wit: AYES: NOES: Chairperson Baker, Commissioners Boddy, Cardosa, Dominguez, Douglas, and Montgomery ABSENT: Commissioner Whitton JULIE BAKER^ Chairperson CARLSBAB-PJLANNING COMMISSION ATTEST: DON NEU Planning Director PC RESO NO. 6357 -3- The City of Carlsbad Planning Department EXHIBIT 5 A REPORT TO THE PLANNING COMMISSION Item No. P.C. AGENDA OF: December 5, 2007 Application complete date: February 9, 2007 Project Planner: Van Lynch Project Engineer: Frank Jimeno SUBJECT: SP 207(FVLCPA 90-08(E) - LEGQLAND INNER PARK - Request for a determination that the project is within the scope of the previously certified Carlsbad Ranch EIR and that the Program EIR adequately describes the activity for the purposes of CEQA and approval of a Specific Plan Amendment and a Local Coastal Program Amendment to amend the Carlsbad Ranch Specific Plan to allow for an administrative approval process for Legoland Inner Park improvements, modify the allowed uses to include overnight uses and to define Minor and Major Specific Plan Amendments on property generally located north of Palomar Airport Road, south of Cannon Road, east of Paseo Del Norte and west of The Crossings Drive in the Mello II Segment of the Local Coastal Program and in Local Facilities Management Zone 13. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolutions No. 6356 and 6357 RECOMMENDING APPROVAL of Specific Plan Amendment 207(F) and Local Coastal Program Amendment 90-08(E) based on the findings and subject to the conditions contained therein. II. INTRODUCTION The project consists of a request to amend the Carlsbad Ranch Specific Plan: to allow for the administrative approval of future Inner Park development projects within Legoland; to expand the allowed uses within the Legoland theme park to include overnight uses; and to add definitions and procedures for Minor and Major Specific Plan Amendments. The Carlsbad Ranch Specific Plan area is generally located north of Palomar Airport Road, south of Cannon Road, east of Paseo Del Norte and Car Country Drive and west of The Crossings Drive. III. PROJECT DESCRIPTION AND BACKGROUND The Legoland theme park is located within Planning Area Four of the Carlsbad Ranch Specific Plan. The Specific Plan regulates both the uses and development standards within the plan area. The applicant is requesting approval of amendments to the Specific Plan which would: add an administrative permit for the future development of the Legoland Inner Park development, expand the allowed uses within the theme park to include overnight uses, and to add definitions and procedures for Minor and Major Specific Plan amendments. The inner park is defined as the passive and active attraction area and the outer park is defined as the parking lot and landscape buffers. SP 207(F)/LCPA 90-08(E) - LEGOLAND INNER PARK December 5, 2007 Page 2 Presently, the Legoland Inner Park development requires the processing of a Site Development Plan for improvements for Inner Park rides and attractions. The applicant is proposing that the permit type required be changed to an administrative permit for ease of processing projects within the Inner Park. A Coastal Development Permit (CDP) is also required for development within the Coastal Zone. The CDP requirement is proposed to be amended to require a Minor CDP for improvements within the Inner Park area. Legoland is also requesting approval of additional overnight uses for the theme park. Legoland would like to add an overnight stay option as part of the Legoland visitor/guest package. This would be for kid and group events as well as for nightly guest stay for families available only as a package with park admission. The overnight uses would include: Tents/shelters on site, bathroom facilities, hospitality tent, central fire ring (staff monitored), and a small outdoor amphitheater. The anticipated number of people could be up to 275. The area would be located in the future Expansion Area Two in the northwestern park of the park. Access would be through Legoland only and vehicular access would not be permitted. The last of the three requested revisions is the addition of definitions and procedures for Minor and Major Specific Plan Amendments. Presently the Specific Plan administration section only refers to amendments in general. Any amendment to the Specific Plan would presently be considered a regular, or major amendment. The Minor amendment would allow for administrative approvals of minor changes, which will be defined later in this report. Most Specific Plans in Carlsbad have provisions for Minor and Major amendments. The entire Legoland Inner park area is roughly 35 acres in size. Only the area identified as the Northern Expansion Area Two, which is roughly 10 acres in size, remains to be developed. Expansion Area Two is the area furthest from the park visitor entrance and is located at the northern end of the theme park. Planning Area Five of the Carlsbad Ranch Specific Plan is located adjacent to the north (currently vacant - designated as Open Space), resort/timeshare to the east (under construction), and to the west is the Legoland Drive main entrance with Planned Industrial uses beyond. The existing improvements to the Inner Park are: Miniland, DUPLO Village, Fun Town, Pirates, The Garden, Castle Hill, East Expansion Area Three (developed), Imagination Center, Expansion Area Four (Corporate Picnic area), The Lagoon and The Ridge. No changes are proposed to the Outer Park area of the project. Any development proposals in the Outer Park area would require additional discretionary permits. The original Carlsbad Ranch Specific Plan was approved in 1993. The first amendment to the Specific Plan was to allow the Legoland theme park in 1996. There have been two other significant amendments for the development of the Museum of Making Music and the development of Planning Area 5 for the hotel/timeshare project. IV. ANALYSIS The proposed project is subject to the following plans, ordinances and standards as analyzed within the following section of this staff report: SP 207(F)/LCPA 90-08(E) - LEGOLAND INNER PARK December 5, 2007 Page 3 A. General Plan Land Use Element -Travel Recreation/Commercial (TR) General Plan Land Use Designation; B. Tourist Commercial Zone - Qualified Development Overlay (C-T-Q) (Carlsbad Municipal Code Chapter 21.29); C. Carlsbad Ranch Specific Plan (SP 207(E); D. Mello II Segment of the Local Coastal Program - Carlsbad Municipal Code, Chapter 21.203, the Coastal Resource Protection Overlay Zone; E. Comprehensive Land Use Plan for McClellan-Palomar Airport; F. Growth Management Ordinance (Local Facilities Management Plan Zone 13). The recommendation for approval of this project was developed by analyzing the project's consistency with the applicable regulations and policies. The project's compliance with each of the above regulations is discussed in detail in the sections below. A. General Plan The General Plan Land Use designation for Planning Area Four of the Carlsbad Ranch Specific Plan area is Travel Recreation/Commercial (TR). The TR designation allows uses such as visitor attractions and commercial uses that serve the travel and recreational needs of the tourist, residents and employees of the business and industrial centers. The Carlsbad Ranch Specific Plan limits the amount of development within the Legoland theme park. The proposed Specific Plan Amendment does not increase the size or significantly alter the allowed uses within the theme park. The Carlsbad Ranch Specific Plan was found to comply with all applicable General Plan Goals, Objectives and Policies. This project is in conformance with the Specific Plan and therefore is also in compliance with the General Plan. B. Tourist Commercial Zone — Qualified Development Overlay The project is within the Carlsbad Ranch Specific Plan and all properties within the Legoland Planning area are Zoned Tourist Commercial with the Qualified Development Overlay (CT-Q). Development within the Specific Plan area is subject to the development standards of the Specific Plan rather than the City's Zoning Ordinance. The Specific Plan maps and text define the allowable type and intensity of land uses in each planning area and provides detailed development and design standards, requirements, development phasing and timing, and the method by which the Specific Plan will be implemented. The proposed Specific Plan Amendments do not alter the development standards of the Specific Plan. C. Specific Plan Amendment 207(F) The applicant is requesting three amendments to the Carlsbad Ranch Specific Plan. The first is to add an administrative permit for the development of the Legoland Inner Park area. Presently two discretionary permits, a Site Development Plan and Coastal Development Permit, are required for any development within Planning Area Four (Legoland) of the Specific Plan. The proposal is to create an administrative permit, a Minor Site Development Plan (MSDP), for the review and approval for development only within the Inner Park area of Legoland. This MSDP would be reviewed against the development standards of the Carlsbad Ranch Specific Plan and SP 207(F)/LCPA 90-08(E) - LEGOLAND INNER PARK December 5, 2007 Page 4 acted upon by the Planning Director. An administrative Minor Site Development Plan approval by the Planning Director would allow adequate review of Inner Park development against the development standards established within the Carlsbad Ranch Specific Plan. The development of the future Expansion Area Two of the Legoland theme park is contained entirely within the inner park of the theme park and will not be readily visible from outside the park. The previous Inner Park developments were completed without issues or impacts to uses outside the park boundaries. Future improvements will be of the same scale and nature as the existing development within the Inner Park area. A waiver of the CDP requirement for development within the Inner Park is also being requested. The Inner Park development is fully contained within the confines of the Legoland theme park and physically separated from other uses by landscaped buffers. There is no potential for coastal impacts as a result of Inner Park development. The Carlsbad Ranch Specific Plan establishes the development standards for any development within the park and the original CDP and Local Coastal Program Amendment anticipated the development of the Inner Park area as a theme park. Any development within the Inner Park in conformance with the development standards established by the Carlsbad Ranch Specific Plan would be in compliance with all the requirements of the Mello II Segment of the LCP. The second Specific Plan Amendment is to allow for an overnight stay program and limited overnight stay for traveling guests. This would expand on the allowance of indoor and outdoor facilities for children related to entertainment and education to include overnight uses. The amenities provided include: tents/shelters on site, bathroom facilities, hospitality tent (with microwave for warming beverages/baby formula), central fire ring (monitored by staff) and a small outdoor amphitheater. The area would only be accessible from the park visitor entrance and no vehicular access would be allowed. It is anticipated that up to 275 persons could be accommodated. The inclusion of an overnight program would not be disruptive to surrounding uses. The industrial/office uses to the west are typically closed in the evening and the resort to the northeast is buffered from Legoland by a significant (>100 feet) distance with open space in between. Open space and a timeshare resort parking lot are adjacent to the north of Expansion Area Two. The third Specific Plan Amendment is the addition of definitions and procedures for Minor and Major Specific Plan Amendments. Presently the Specific Plan administration section only refers to amendments in general. Any amendment to the Specific Plan would presently be considered a regular, or major amendment which must be reviewed and acted upon by the City Council after a recommendation by the Planning Commission. The Minor amendment would allow for administrative approvals of minor changes, which would include: a. Expansions or reductions of up to 10% in area may be allowed by the Planning Director. b. Realignment or modification of internal streets serving the project, lot lines, site access locations, easement locations and grading adjustments, if approved by the Planning Director. c. Minor modifications that do not change the densities or uses of the subject property as determined by the Planning Director. d. Modifications of design criteria such as minor architectural style or detail changes. Landscape treatments, fencing, lighting, etc., provided the modifications are in SP 207(F)/LCPA 90-08(E) - LEGOLAND INNER PARK December 5, 2007 Page 5 substantial conformance with the purpose and intent of the design criteria in the Specific Plan and with the baseline approval of the subject project. All other amendments that do not meet the criteria of a Minor Amendment would require a Major Specific Plan Amendment, which would continue to be reviewed and acted upon by the City Council after a recommendation by the Planning Commission. Most Specific Plans in Carlsbad have provisions for Minor and Major amendments and the degree of amendments allowed are similar. The Specific Plan has existing language for minor amendments to Site Development Plans within Planning Area Four (Legoland) which allows for minor modifications to landscaping, parking, relocation of attractions, architectural changes and other similar revisions determined to be minor by the Planning Director. D. Mello II Segment of the Local Coastal Program The project is consistent with the relevant policies of the Mello II Segment of the Local Coastal Program and the Coastal Resource Protection Overlay Zone. The Specific Plan implements the intent of the Travel/Recreation Commercial (TR) General Plan Land Use designation and TR Local Coastal Program Land Use designation. With regard to consistency with the Local Coastal Program, the Specific Plan is the implementing ordinance for the LCP. The LCP Amendment is necessary to ensure consistency between the LCP and the Specific Plan. The proposed amendment will not result in any conflict with the provisions of the LCP. The proposed amendment would not affect any of the Mello II Land Use Policies related to grading, landscaping, erosion, steep slopes, landslides and slope instability, seismic hazards, erosion control practices, or removal of native vegetation. Additional Mello II Land Use Policies that are applicable to this site include Policy 1-1 Allowable Land Uses, Policy 2-2 Carlsbad Ranch Specific Plan "Mixed-Uses" Development, Policy 6-4 Overnight camping, Policy 7-10 Parking and Policy 8-5 Signage. The proposed amendment would not affect Policy 1-1, allowable land uses, since the proposed addition of overnight stay is a use to be'included within the specific list of allowed uses in the Specific Plan and that the Overnight program is consistent with the General Plan and Carlsbad Ranch Specific Plan as a Travel/Recreation Commercial Land Use. Policy 2-2 of the LCP provides conditional development standards for the Specific Plan area to preserve and protect agricultural uses. The proposed amendments would not affect the standards as the proposed improvements are within the Legoland Inner Park. Policy 6-4 addresses a need for additional overnight camping as a source of lower cost visitor and recreational facilities. The overnight stay program has the potential to partially fulfill this policy. Policy 7-10 addresses parking standards which would not be reduced by the proposed amendments. The proposed amendments would not affect Policy 8- 5, since no modifications are proposed to the existing Sign Program. A six-week LCPA public notice of availability period (September 21, 2007 - November 2, 2007) was required for the project. No comments were received as of the date of preparation of this report. SP 207(F)/LCPA 90-08(E) - LEGOLAND INNER PARK December 5, 2007 Page 6 E. Comprehensive Land Use Plan for McClellan-Palomar Airport The project site is located approximately a mile westerly of the airport and is within the Airport Influence Area for McClellan-Palomar Airport. The northerly portion of Legoland which consists of the Inner Park is within the 60 to 65 CNEL noise contour. The Carlsbad Ranch Specific Plan EIR identified the Legoland entertainment use a compatible use with the airport. A request for a consistency determination was sent to the Airport Land Use Commission (ALUC) for review. The ALUC made a determination on November 1, 2007 that the proposed Specific Plan Amendment was consistent with the Comprehensive Airport Land Use Plan. F. Growth Management Ordinance The proposed project is located within Local Facilities Management Zone 13. The proposed Specific Plan Amendment modifications regarding project permitting, amendment processing procedures or overnight stay do not impact public facilities. V. ENVIRONMENTAL REVIEW The proposed project has been reviewed pursuant to the California Environmental Quality Act (CEQA). Staff has reviewed the project and concluded that no potentially significant impacts would result with the implementation of the project that was not previously examined and evaluated in the Final Program Environmental Impact Report for the Carlsbad Ranch Specific Plan (EIR 94-01), dated January 9, 1996. EIR 94-01 evaluates the potential environmental effects of the development and operation of the "Carlsbad Ranch Specific Plan" and associated actions inclusive of the proposed planning area projects reviewed herein. The City Council certified EIR 94-01 on January 9, 1996, At that time CEQA Findings of Fact, a Statement of Overriding Considerations, and a Mitigation Monitoring and Reporting Program were approved. All mitigation measures contained in the adopted Mitigation Monitoring and Reporting Program from EIR 94-01 applicable to the proposed Planning Area project have been completed, incorporated into the project design or are required as conditions of approval for the project. The EIR 94-01 "Findings of Fact and Statement of Overriding Considerations" applies to all subsequent projects covered by the Carlsbad Ranch Specific Plan Final Program EIR. The proposed activities would have no effects beyond those analyzed in the program EIR, as they are a part of the program analyzed earlier. The area of the Legoland Inner Park development will not be increased and the proposed uses are similar to existing uses and do not expand the scope of the project. This project is within the scope of Final Program EIR 94-01 and no further CEQA compliance is required. EIR 94-01 is available for review at the Planning Department. ATTACHMENTS: 1. Planning Commission Resolution No. 6356 (SP 207(F)) 2. Planning Commission Resolution No. 6357 (LCPA 90-08(E)) 3. Location Map 4. Background Data Sheet 5. Disclosure Statement SITE MAP NOT TO SCALE Legoland Inner Park SP 207(F)/LCPA 90-08(E) vfb LEGOLAND GALIFORtVIA / lANMCimETVOC ^^-U'BUUMdlu*o»c*M xmiac NORTH EXPANSION North ft 300'run BACKGROUND DATA SHEET CASE NO:SP 207CFVLCPA 90-08(E) CASE NAME: LEGOLAND INNER PARK APPLICANT: MERLIN ENTERTAINMENTS GROUP U.S. HOLDING INC REQUEST AND LOCATION: A Specific Plan Amendment and a Local Coastal Program Amendment to amend the Carlsbad Ranch Specific Plan (207(E)) to allow for an administrative approval process for Legoland Inner Park improvements, modify the allowed uses to include overnight uses and to define Minor and Major Specific Plan Amendments. LEGAL DESCRIPTION: Lots 18 and 19 of City of Carlsbad Tract 94-09. Carlsbad Ranch- Units 2 and 3, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 13408, recorded in the Office of the County Recorder of San Diego County on April 1. 1997. APN: 211-100-09-00 Acres: 128 Proposed No. of Lots/Units: N/A GENERAL PLAN AND ZONING Existing Land Use Designation: Travel/Recreation Commercial (T-R) Proposed Land Use Designation: N/A Density Allowed: N/A Density Proposed: N/A Existing Zone: Commercial Tourist - 0 Overlay (C-T-Q) Surrounding Zoning, General Plan and Land Use: Proposed Zone: N/A Zoning General Plan Current Land Use Site North South East West C-T-Q C-T-Q 0-S/P-M-Q P-M P-M/O T-R O-S/T-R O-S PI O/PI Theme Park Open space Open Space/ Office Golf Course Office LOCAL COASTAL PROGRAM Coastal Zone: [X] Yes I I No Local Coastal Program Segment: Mello II Within Appeal Jurisdiction: I I Yes 1X1 No Coastal Development Permit: I I Yes 1X1 No Local Coastal Program Amendment: IXI Yes I I No Existing LCP Land Use Designation: T-R Proposed LCP Land Use Designation: N/A Existing LCP Zone: C-T-Q Proposed LCP Zone: N/A Revised 01/06 PUBLIC FACILITIES School District: Carlsbad Water District: Carlsbad Sewer District: Carlsbad Equivalent Dwelling Units (Sewer Capacity): N/A ENVIRONMENTAL IMPACT ASSESSMENT I I Categorical Exemption, Negative Declaration, issued Certified Environmental Impact Report, EIR 94-01, dated January 9, 1996 Other, Revised 01/06 City of Carlsbad Planning Department DISCLOSURE STATEMENT Applicant's statement or disclosure of certain ownership interests on all applications which 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. APPLICANT (Not the applicant's agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership, 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 publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) I I j . Person N|A Corp/Part JJ^Q^MO Caitfftrni'q L Title Address Title Address .Dr.. CA OWNER (Not the owner's agent) Provide the COMPLETE. LEGAL names and addresses of ALL 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 corporation or partnership, 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 publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person, Title Corp/Part Her li n En-teHa i f\ff&fc> 6 rt? u p Title Address Address One /&V) / ^ /QyQ Dr. °1£>C& 5ccr 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (7601502-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.usD(fec3-or- A ' rw X(76( 3. NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust, list the names and addresses of ANY person serving as an officer or director of the non-profit organization 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 City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? Yes No If yes, please indicate person(s):_ NOTE: Attach additional sheets if necessary. I certify that all the above information is true and correct to the best of my knowledge. SignafuTe of owner/date S%natOT1fbTapplicant/date __ _r? Oovkdosen _ <£Jhn Print or type name of owner Print or type name of applicant _ Signature of owner/applicant's agent if applicable/date b Mnhu'tnei? - Mwan Planning Print or type name of owner/applicant's agent H:ADMIN\COUNTER\DISCLOSURE STATEMENT 5/98 Page 2 Of 2 50 EXHIBIT 6 Planning Commission Minutes December 5,2007 Page 7 3. SP 207(R/LCPA 90-08(E)- LEGOLAND INNER PARK - Request for a determination that the project is within the scope of the previously certified Carlsbad Ranch EIR and that the Program EIR adequately describes the activity for the purposes of CEQA and approval of a Specific Plan Amendment and a Local Coastal Program Amendment to amend the Carlsbad Ranch Specific Plan to allow for an administrative approval process for Legoland Inner Park improvements, modify the allowed uses to include overnight uses and to define Minor and Major Specific Plan Amendments on property generally located north of Palomar Airport Road, south of Cannon Road, east of Paseo Del Norte and west of The Crossings Drive in the Mello II Segment of the Local Coastal Program and in Local Facilities Management Zone 13. Mr. Neu introduced Item 3 and stated Senior Planner Van Lynch would make the staff presentation. Chairperson Baker opened the public hearing on Item 3. Mr. Lynch gave a detailed presentation and stated he would be available to answer any questions. Chairperson Baker asked if there were any questions of Staff. Commissioner Montgomery asked what type of thresholds there are. Mr. Lynch stated the noise standard throughout the city is the same: 60 dBA exterior and 45 dBA interior. Mr. Neu stated the noise issue was dealt with in the Specific Plan. The height limit is 45 feet. Commissioner Cardosa asked if the overnight parking included RV parking. Mr. Lynch stated it did not include RV parking. Chairperson Baker asked about administrative permits. Chairperson Baker asked if there were any further questions of staff. Seeing none, she asked if the applicant wished to make a presentation. Bill Hofman, Hofman Planning and Engineering, 3152 Lionshead Road, gave a brief presentation and stated he would be available to answer any questions. Chairperson Baker asked if there were any questions of the applicant. John Jakobson, President and General Manager of Legoland California, also a resident of Carlsbad at 3726 Saddle Drive, gave a brief presentation and stated he would be available to answer questions. Chairperson Baker asked if there were any questions of Mr. Jakobson. Commissioner Boddy asked for a description of the facilities in the overnight areas. Mr. Jakobson stated there would be areas for tents in various areas of the park. There will be individual tents for each family and a large tent for evening activities and a hospitality tent. Commissioner Douglas asked if there were any permanent facilities proposed with this proposal. Mr. Jakobson stated that there are no permanent structures proposed except for bathrooms. Commissioner Douglas asked what purposes the hospitality tent would serve. Mr. Jakobson stated guests could warm up their food, etc. Commissioner Douglas asked about the amphitheater. Mr. Jakobson stated it will hold about 200-250 people and it would be integrated into the landscape. 51. Planning Commission Minutes December 5,2007 Page 8 Commissioner Montgomery asked about security issues in regards to the overnight stays. Mr. Jakobson stated there will be 24 hour security available and staff would also be on site at all times. The park will also be closed to the public except for those that have purchased a ticket for the event. Commissioner Douglas asked if there will be security cameras. Mr. Jakobson stated there are already cameras in place. Commissioner Douglas inquired as to the timeframe of the overnight stays. Mr. Jakobson stated they anticipate it to be during the summertime. Chairperson Baker opened public testimony on Item 3. Mike Howes, 3773 Seabury Street, stated he supports the projects. Chairperson Baker asked if there were any further questions of Staff or if any other members of the audience wished to speak on the Item. Seeing none, Chairperson Baker closed public testimony on the item. Commissioner Dominguez commented that back when this project was first approved many commitments were made that the city would protect the community. Chairperson Baker commented on the Specific Plan and supports the project. MOTION ACTION: Motion by Commissioner Cardosa, and duly seconded, that the Planning Commission adopt Planning Commission Resolutions No. 6356 and 6357 recommending approval of Specific Plan Amendment 207(F) and Local Coastal Program Amendment 90-08(E) based on the findings and subject to the conditions contained therein. VOTE: 6-0-1 AYES: Chairperson Baker, Commissioner Cardosa, Commissioner Montgomery, Commissioner Dominguez, Commissioner Douglas, Commissioner Boddy NOES: None ABSENT: Commissioner Whitton ABSTAIN: None Chairperson Baker asked Mr. Neu to introduce the next item. 4. GPA 07-07/MP 178(R/CT 07-04/SDP 07-03/PUD 07-04/SUP 07-01 - BRESSI RANCH MEDICAL PLAZA - Request for a recommendation of adoption of a Negative Declaration and; 1) a recommendation of approval for a General Plan Amendment to change the General Plan Land Use designation from Planned Industrial to Office and a Master Plan Amendment to change the Bressi Ranch Master Plan Land Use and Zoning designations from Planned Industrial to Office; and 2) a request for approval of a Tentative Tract Map, Site Development Plan, Non- Residential Planned Development Permit, and a Special Use Permit to develop a 1.94-acre parcel with a 19,760 square foot medical office building located on the southeast corner of El Camino Real and Town Garden Road in Planning Area 1 of the Bressi Ranch Master Plan and Local Facilities Management Zone 17. Mr. Neu introduced Item 4 and stated Assistant Planner Dan Halverson would make the Staff Presentation. Chairperson Baker opened the public hearing on Item 4. NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN to you that the City Council of the City of Carlsbad will hold a public hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 p.m. on Tuesday, February 5, 2008, to consider approval of a Specific Plan Amendment and a Local Coastal Program Amendment to amend the Carlsbad Ranch Specific Plan to allow for an administrative approval process for Legoland Inner Park improvements, modify the allowed uses to include overnight uses and to define Minor and Major Specific Plan Amendments on property generally located north of Palomar Airport Road, south of Cannon Road, east of Paseo Del Norte and west of The Crossings Drive in the Mello II Segment of the Local Coastal Program and in Local Facilities Management Zone 13 and more particularly described as: Lots 18 and 19 of City of Carlsbad Tract 94-09, Carlsbad Ranch-Units 2 and 3, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 13408, recorded in the Office of the County Recorder of San Diego County on April 1, 1997 Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. Copies of the agenda bill will be available on and after February 1, 2008. If you have any questions, please call Van Lynch in the Planning Department at (760) 602-4613. If you challenge the Specific Plan Amendment or Local Coastal Program Amendment in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad, Attn: City Clerk's Office, 1200 Carlsbad Village Drive, Carlsbad, CA 92008, at or prior to the public hearing. CASE FILE: SP 207(F)/LCPA 90-08(E) CASE NAME: LEGOLAND INNER PARK PUBLISH: January 25, 2008 CITY OF CARLSBAD CITY COUNCIL WO7 TO SCALE SITEMAP Legoland Inner Park SP 207(F)/LCPA 90-08(E) Easy Peel Labels Use Avery® TEMPLATE 5160® | A j^Feed Paper See Instruction Sheet» for Easy Peel Feature^1AVERY®5160® CARLSBAD UNIF SCHOOL DIST 6225 EL CAMINO REAL CARLSBAD CA 92011 SAN MARCOS SCHOOL DIST STE 250 255 PICO AVE SAN MARCOS CA 92069 ENCINITAS SCHOOL DIST 101 RANCHO SANTA FE RD ENCINITAS CA 92024 SAN DIEGUITO SCHOOL DIST 701 ENCINITAS BLVD ENCINITAS CA 92024 LEUCADIA WASTE WATER DIST TIM JOCHEN 1960 LA COSTA AVE CARLSBAD CA 92009 OLIVENHAIN WATER DIST 1966OLIVENHAINRD ENCINITAS CA 92024 CITY OF ENCINITAS 505 S VULCAN AVE ENCINITAS CA 92024 CITY OF SAN MARCOS 1 CIVIC CENTER DR SAN MARCOS CA 92069-2949 CITY OF OCEANSIDE 300 NORTH COAST HWY OCEANSIDE CA 92054 CITY OF VISTA 600 EUCALYPTUS AVE VISTA CA 92084 VALLECITOS WATER DIST 201 VALLECITOS DE ORO SAN MARCOS CA 92069 I.P.U.A. SCHOOL OF PUBLIC ADMIN AND URBAN STUDIES SAN DIEGO STATE UNIVERSITY SAN DIEGO CA 92182-4505 CALIF DEPT OF FISH & GAME 4949 VIEWRIDGE AVE SAN DIEGO CA 92123 REGIONAL WATER QUALITY STE 100 9174 SKY PARK CT SAN DIEGO CA 92123-4340 SD COUNTY PLANNING STEB 5201 RUFFIN RD SAN DIEGO CA 92123 LAFCO 1600 PACIFIC HWY SAN DIEGO CA 92101 AIR POLLUTION CNTRL DIST 10124 OLD GROVE RD SAN DIEGO CA 92131 SANDAG STE 800 401 B STREET SAN DIEGO CA 92101 U.S. FISH & WILDLIFE 6010 HIDDEN VALLEY RD CARLSBAD CA 92011 CA COASTAL COMMISSION STE 103 7575 METROPOLITAN DR SAN DIEGO CA 92108-4402 ATTN TEDANASIS SAN DIEGO COUNTY AIRPORT AUTHORITY PO BOX 82776 SAN DIEGO CA 92138-2776 SCOTT MALLOY - BIASD STE 110 9201 SPECTRUM CENTER BLVD SAN DIEGO CA 92123-1407 CARLSBAD CHAMBER OF COMMERCE 5934 PRIESTLEY DR CARLSBAD CA 92008 CITY OF CARLSBAD RECREATION CITY OF CARLSBAD PUBLIC WORKS/ENGINEERING DEPT- PROJECT ENGINEER CITY OF CARLSBAD PROJECT PLANNER 01/08/2008 Etiquettes faciles a peler Utilisez le aabarit AVFRY® 5160®Sens de charaement Consultez la feuille www.avery.com onn fir\ Jam and Smudge Free Printing Use Avery® TEMPLATE 5160® www.avery.com 1-800-GO-AVERY AVERY® 5160® LEGOLAND CALIFORNIA INC LF PI 1209 N ORANGES! WILMINGTON, DE 19801-1120 C B RANCH ENTERPRISES 5600 AVENIDAENCINAS 106 CARLSBAD, CA 92008-4452 CARLSBAD RANCH MAINTENANCE 5600 AVENIDA ENCINAS 100 CARLSBAD, CA 92008-4452 GRAND PACIFIC PALISADES HOTEL 5900 PASTEUR CT 200 CARLSBAD, CA 92008-7336 WESTMARK DEVELOPMENT CORP 1902 WRIGHT PL 200 CARLSBAD, CA 92008-6583 NATIONAL ASSN OF MUSIC MERCH 5790 ARMADA DR CARLSBAD, CA 92008-4608 CARLSBAD RANCH L P 5770 ARMADA DR CARLSBAD, CA 92008-4603 LOT 15 CARLSBAD RANCH L L C 5800 ARMADA DR 102 CARLSBAD, CA 92008-4611 COPORATE CENTE 6005 CARLSB CARLSBAD RANCH RESTAURANT CO PO BOX 4068 CARLSBAD, CA 92018-4068 KEVIN W & KELLY COOPER 4556 SANTA MONICA AVE SAN DIEGO, CA 92107 M & A GABAEE 6747 FRIARS RD 130 SAN DIEGO, CA 92108 SEABRIGHT CARLSBAD HOMEOWNERS 438 CAMINO DEL RIO S 112B SAN DIEGO, CA 92108-3546 KELLY CORPORATE CENTER IA L 5330 CARROLL CANYON RD 200 SAN DIEGO, CA 92121-3758 KELLY-CeREORATE CEHFERIIA L 5330 CARROLTC^JXgjRD 200 SAN DIEGO J^r9212K?; 3ORATE CENTEJHTLLC • 200 SAN DIEGOre7r92121-3"5 PALOMAR LOWE LLC 2020 MAIN ST 1150 IRVINE, CA 92614-8237 REALTY ASSOCIATES FUND VII 1301 DOVE ST 860 NEWPORT BEACH, CA 92660-2440 COSTCO WHOLESALE CORPORATION 999 LAKE DR ISSAQUAH, WA 98027-8990 * * * 23 Printed * * * ®<ms 3 AJJ3AV AM3AV-OD-008-1 apjdej a6eipas e \a ®091S uojssaidiui Jam and Smudge Free Printing Use Avery® TEMPLATE 5160® www.avery.com 1-800-GO-AVERY AVERY® 5160® CURRENT RESIDENT 5702 PASEO DEL NORTE CARLSBAD, CA 92008-4435 CURRENT RESIDENT 1 LEGOLAND DR CARLSBAD, CA 92008-4610 CURRENT RESIDENT 5805 ARMADA DR CARLSBAD, CA 92008-4609 CURRENT RESIDENT 5801 ARMADA DR CARLSBAD, CA 92008-4609 CURRENT RESIDENT 5760 FLEET ST-7 CARLSBAD, CA 92008- 4713 CURRENT RESIDENT 5800 ARMADA DR 102 CARLSBAD, CA 92008-4611 CURRENT RESIDENT 5780 FLEET ST -9 CARLSBAD, CA 92008-4702 CURRENT RESIDENT 965 PALOMAR AIRPORT RD CARLSBAD, CA 92011-1110 CURRENT RESIDENT 951 PALOMAR AIRPORT RD CARLSBAD, CA 92011-1110 CURRENT RESIDENT 6005 HIDDEN VALLY RD CARLSBAD, CA 92011-4222 * * * 11 Printed * * * ®09is ©AU3AV AM3AV-OD-008-1WOD-AJBABVWAAM ®091S Legoland Inner ParkLegoland Inner ParkSP 207(F)/LCPA 90SP 207(F)/LCPA 90--08(E)08(E) A R M A D A D R I-5 PALOMAR AIRPORT RDF L E E T S T CANNON RDGRAND PACIFIC DRT H E C R O S S I N G S D R PASEO DEL NORTE LEGOLAND DRHIDDEN VALLEY RDMARBRISA CRI-5 07501,500375FeetSP 207(F) / LCPA 90-08(A)Legoland Inner ParkPlanning Area 4 Carlsbad Ranch Specific Plan area Specific Plan AmendmentSpecific Plan Amendment„„Administrative Permit processAdministrative Permit process„„Additional Overnight useAdditional Overnight use„„Minor Amendment Process to Specific Minor Amendment Process to Specific PlanPlan Legoland Inner Park area Inner park permit processInner park permit process„„Existing: Site Development PlanExisting: Site Development Plan„„Proposed: Minor Site Development Proposed: Minor Site Development Plan and Plan and Minor Coastal Development PermitMinor Coastal Development Permit Existing permitted uses Existing permitted uses allowed within Legolandallowed within Legoland„„Entrance facilityEntrance facility„„Toll PlazaToll Plaza„„Retail ShopsRetail Shops„„RestaurantsRestaurants„„Service BuildingsService Buildings„„OfficesOffices„„Ancillary uses related to Ancillary uses related to Lego parkLego park„„Indoor and outdoor facilities Indoor and outdoor facilities for children related to for children related to entertainment and entertainment and educationeducation„„Overnight stay program and Overnight stay program and limited overnight stay for limited overnight stay for guestsguests„„Water featuresWater features„„Picnic areasPicnic areas„„Landscape areasLandscape areas„„Guest Services and FacilitiesGuest Services and Facilities„„Accessory uses incidental or Accessory uses incidental or necessarynecessary„„People moving systemsPeople moving systems„„SignsSigns„„ParkingParking„„Any other use determined Any other use determined by Planning Director by Planning Director ––same same general character as other general character as other usesuses Add Overnight Program and Add Overnight Program and Overnight Stay UseOvernight Stay Use„„Tents/Shelters on siteTents/Shelters on site„„Bathroom facilitiesBathroom facilities„„Hospitality TentHospitality Tent„„Central Fire RingCentral Fire Ring„„Small Outdoor AmphitheaterSmall Outdoor Amphitheater„„Located in Expansion Area TwoLocated in Expansion Area Two Carlsbad RanchCarlsbad RanchSpecific Plan AmendmentSpecific Plan Amendment„„Add definition and criteria for Minor Add definition and criteria for Minor Specific Plan AmendmentSpecific Plan Amendment Carlsbad RanchCarlsbad RanchSpecific Plan AmendmentSpecific Plan Amendment„„Expansions or reductions of 10% in Expansions or reductions of 10% in area.area.„„Realignment or modification of internal Realignment or modification of internal streets serving the project, lot lines, streets serving the project, lot lines, site access locations, easement site access locations, easement locations and grading adjustments.locations and grading adjustments.„„Minor modifications that do not Minor modifications that do not change the densities or uses of the change the densities or uses of the subject property.subject property. Carlsbad RanchCarlsbad RanchSpecific Plan AmendmentSpecific Plan Amendment„„Modifications of design criteria such as Modifications of design criteria such as minor architectural style or detail minor architectural style or detail changes, landscape treatment, changes, landscape treatment, fencing, lighting etc.fencing, lighting etc. RecommendationRecommendation„„That the City Council approve the That the City Council approve the Specific Plan Amendment and Local Specific Plan Amendment and Local Coastal Program Amendment.Coastal Program Amendment. Carlsbad Ranch Specific Plan area Legoland Inner Park area