Loading...
HomeMy WebLinkAbout2009-03-10; City Council; 19741; Legoland Hotel CaliforniaCITY OF CARLSBAD - AGENDA BILL 11 AB# 19,741 MTG. 03/10/09 DEPT. PLN LEGOLAND HOTEL CALIFORNIA SP 207(H)/LCPA 08-01 DEPT. HEAD J^/^ CITY ATTY. rfJ^ CITY MGR. f\ is— RECOMMENDED ACTION: That the City Council INTRODUCE Ordinance No. CS-025 APPROVING Specific Plan Amendment (SP 207(H)) and ADOPT Resolution No. 2009-047 ADOPTING a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and APPROVING Local Coastal Program Amendment (LCPA 08-01) based upon the findings and subject to the conditions contained therein. ITEM EXPLANATION: Project Application(s) Environmental Review (Mitigated Negative Declaration) SP 207(H) LCPA 08-01 Administrative Approvals Planning Commission RA RA RA City Council X X • RA = Recommended Approval X = Final City decision -making authority •= requires Coastal Commission approval On January 21, 2009, the Planning Commission recommended approval (5-0/ Boddy/Dominguez absent) of a Specific Plan Amendment and Local Coastal Program Amendment to amend the Carlsbad Ranch Specific Plan to add hotel and accessory hotel uses to Planning Area 4 and, more specifically, the Legoland Outer Park area currently used for visitor parking. These amendments are in anticipation of a future 250 room Legoland hotel. The Specific Plan text would also be modified to add specific development and design guidelines for the hotel and accessory uses. The amendment also proposes to modify the parking rates for Legoland and gyms within the Carlsbad Ranch Specific Plan and reflect the previous street name change of Hidden Valley Road to The Crossings Drive. The Carlsbad Ranch Specific Plan is 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 proposed hotel use and other Specific Plan amendments. A brief statement providing project details was made from the applicant and no one from the public spoke at the Planning Commission hearing. A full disclosure of the DEPARTMENT CONTACT: Van Lynch 760-602-4613 vlvnc@ci.carlsbad.ca.us FOR CITY CLERKS USE ONL Y. COUNCIL ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED D D D D CONTINUED TO DATE SPECIFIC D CONTINUED TO DATE UNKNOWN D RETURNED TO STAFF D OTHER - SEE MINUTES D Page 2 Planning Commission's actions and a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. FISCAL IMPACT: No fiscal impacts to the City have been identified. ENVIRONMENTAL IMPACT: Staff conducted an environmental impact assessment to determine if the project could have a potentially significant effect on the environment pursuant to CEQA Guidelines and the Environmental Protection Ordinance (Title 19) of the Carlsbad Municipal Code. Potentially significant cultural resources, geology, noise and traffic impacts were identified. The developer has agreed to mitigation measures to reduce the identified impacts to below a level of significance in accordance with CEQA. In consideration of the foregoing, the Planning Director issued a Notice of Intent to Adopt a Mitigated Negative Declaration for the project on December 5, 2008 which was publicly noticed for 30 days. EXHIBITS: 1. City Council Ordinance No. CS-025 2. City Council Resolution No. 2009-047 3. Location Map. 4. Planning Commission Resolutions No. 6524, 6525 and 6526. 5. Planning Commission Staff Report, dated January 21, 2009 (without resolutions). 6. Draft Excerpts of Planning Commission Minutes, dated January 21, 2009. EXHIBIT 1 1 ORDINANCE NO. CS-025 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(G)) TO ADD HOTEL AND ACCESSORY USES TO PLANNING AREA 4 OF 4 THE CARLSBAD RANCH SPECIFIC PLAN AND TO REVISE THE PARKING RATE FOR LEGOLAND AND GYMS WITHIN 5 THE CARLSBAD RANCH SPECIFIC PLAN ON PROPERTY GENERALLY LOCATED NORTH OF PALOMAR AIRPORT 6 ROAD, SOUTH OF CANNON ROAD, EAST OF PASEO DEL NORTE AND WEST OF THE CROSSINGS DRIVE IN THE 7 MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM AND IN LOCAL FACILITIES MANAGEMENT ZONE 13. 8 CASE NAME: LEGOLAND HOTEL CALIFORNIA CASE NO.: SP 207(H) 9 The City Council of the City of Carlsbad, California, does ordain as follows: WHEREAS, the Carlsbad Ranch Specific Plan was originally adopted by City Council Ordinance No. NS-277 on March 16, 1993 and has been amended several times and12 contains the uses, development standards and design guidelines for the development of the subject property; and WHEREAS, the City Council of the City of Carlsbad has reviewed and considered a Specific Plan Amendment (SP 207(H)) for the Carlsbad Ranch Specific Plan; and16 WHEREAS, after procedures in accordance with requirements of law, the City Council has determined that the public interest indicates that said Specific Plan Amendment (SPlo 207(H)) be approved. 2Q NOW, THEREFORE, the City Council of the City of Carlsbad does ordain as », follows: 22 SECTION 1: That Specific Plan SP 207(H), on file in the Planning Department, 2^ and incorporated herein by reference, is adopted. The Carlsbad Ranch Specific Plan (SP 24 207(H)) shall constitute the development plan for the property and all development within the 25 plan area shall conform to the plan. 26 SECTION 2: That the Carlsbad Ranch Specific Plan (SP 207), as amended to 27 date, and further amended by Specific Plan Amendment 207(H), dated January 21, 2009, is 2 approved. 1 SECTION 3: That Specific Plan Amendment SP 207(H) replaces text in the 2 Carlsbad Ranch Specific Plan, as shown on Attachment SP 207(H). 3 SECTION 4: That the findings and conditions of the Planning Commission in 4 Planning Commission Resolution No. 6525 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 08-01 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- 1 INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City 2 Council on the 10tb day of March 2009, and thereafter. 3 PASSED AND ADOPTED at a regular meeting of the City Council of the City of 4 Carlsbad on the day of 2009, by the following vote, to wit: 5 AYES: 6 NOES: 7 ABSENT: 8 ABSTAIN: 9 10 APPROVED AS TO FORM AND LEGALITY 11 12 RONALD R. BALL, City Attorney 13 14 CLAUDE A. LEWIS, Mayor15 y 16 ATTEST: 17 18 LORRAINE M. WOOD, City Clerk 19 (SEAL) 20 21 22 23 24 25 26 27 28 -3- EXHIBIT 2 1 RESOLUTION NO. 2009-047 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ADOPTING A MITIGATED 3 NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM AND APPROVING A LOCAL 4 COASTAL PROGRAM AMENDMENT TO ADD HOTEL AND ACCESSORY USES TO PLANNING AREA 4, LEGOLAND, OF 5 THE CARLSBAD RANCH SPECIFIC PLAN, REVISE THE PARKING RATE FOR LEGOLAND AND GYMS WITHIN THE 6 CARLSBAD RANCH SPECIFIC PLAN, AND CHANGE THE STREET NAME FROM HIDDEN VALLEY ROAD TO THE 7 CROSSINGS DRIVE ON PROPERTY GENERALLY LOCATED NORTH OF PALOMAR AIRPORT ROAD, SOUTH OF CANNON 8 ROAD, EAST OF PASEO DEL NORTE AND WEST OF THE CROSSINGS DRIVE IN THE MELLO II SEGMENT OF THE 9 LOCAL COASTAL PROGRAM AND IN LOCAL FACILITIES MANAGEMENT ZONE 13. 10 CASE NAME: LEGOLAND HOTEL CALIFORNIA CASE NO.: SP 207(H)/LCPA 08-01 11 The City Council of the City of Carlsbad, California, does hereby resolve as 12 follows:13 WHEREAS, pursuant to the provisions of the Municipal Code, the Planning14 Commission did, on January 21, 2009, hold a duly noticed public hearing as prescribed by law to consider a Local Coastal Program Amendment; and16 WHEREAS, the City Council of the City of Carlsbad, on the IQtb day of _ , 2009, held a duly noticed public hearing to consider said Local Coastal18 Program Amendment and at that time received recommendations, objections, protests, comments of all persons interested in or opposed to the LCPA 08-01 . The City Council of the City of Carlsbad, California, does hereby resolve as follows: 23 1 . That the above recitations are true and correct. 24 2. That the CEQA findings of the Planning Commission as set forth in Planning Commission Resolution No. 6524 on file with the City Clerk, and made a part hereof by 25 reference, are the findings of the City Council. 26 3. That the Local Coastal Program Amendment (LCPA 08-01) findings and conditions of the Planning Commission as set forth in Planning Commission Resolution No. 27 6526 on file with the City Clerk, and made a part hereof by reference, are the findings and conditions of the City Council.28 1 4. That the application for a Local Coastal Program Amendment (LCPA 08-01) on property generally located north of Palomar Airport Road, south of Cannon Road, east of Paseo 2 Del Norte and west of The Crossings Drive is approved as shown in Planning Commission Resolutions No. 6526. 3 . 5. That the approval of LCPA 08-01 shall not become effective until it is approved by the California Coastal Commission and the California Coastal Commission's approval <- becomes effective. 6 6. This action is final the date this resolution is adopted by the City Council and is subject to the approval of the LCPA 08-01 by the California Coastal Commission. The 7 Provisions of Chapter 1.16 of the Carlsbad Municipal Code, "Time Limits for Judicial Review" shall apply: 8 "NOTICE TO APPLICANT" 9 The time within which judicial review of this decision must be sought is 10 governed by Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of Carlsbad by Carlsbad Municipal Code 11 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 12 on which this decision becomes final; however, if within ten days after the decision becomes final a request for the record of the deposit in an 13 amount sufficient to cover the estimated cost or preparation of such record, the time within which such petition may be filed in court is 14 extended to not later than the thirtieth day following the date on which the record is either personally delivered or mailed to the party, or his attorney 15 of record, if he has one. A written request for the preparation of the record of the proceedings shall be filed with the City Clerk, City of 16 Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, CA. 92008." 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 10th day of March, 2009, by the following vote to wit: AYES: Council Members Lewis, Kulchin, Hall, Packard and Blackburn. NOES: None. ABSENT: None. ATTEST: .ORRAfNE M. WOOD, tity ClerkQ EXHIBIT 3 SITEMAP NOT TO SCALE Legoland Hotel California SP 207(H) / LCPA 08-01 EXHIBIT 4 1 PLANNING COMMISSION RESOLUTION NO. 6524 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING ADOPTION OF A MITIGATED NEGATIVE DECLARATION 4 AND MITIGATION MONITORING AND REPORTING PROGRAM FOR A SPECIFIC PLAN AMENDMENT AND A D LOCAL COASTAL PROGRAM AMENDMENT TO ADD 6 HOTEL AND ACCESSORY USES TO PLANNING AREA 4 OF THE CARLSBAD RANCH SPECIFIC PLAN, TO REVISE THE 7 PARKING RATE FOR LEGOLAND AND GYMS WITHIN THE CARLSBAD RANCH SPECIFIC PLAN, AND CHANGE THE 8 STREET NAME FROM HIDDEN VALLEY ROAD TO THE o CROSSINGS DRIVE ON PROPERTY GENERALLY LOCATED NORTH OF PALOMAR AIRPORT ROAD, SOUTH 10 OF CANNON ROAD, EAST OF PASEO DEL NORTE AND WEST OF THE CROSSINGS DRIVE IN THE MELLO II 11 SEGMENT OF THE LOCAL COASTAL PROGRAM AND IN LOCAL FACILITIES MANAGEMENT ZONE 13. 12 CASE NAME: LEGOLAND HOTEL CALIFORNIA 13 CASE NO.: SP 207(HVLCPA 08-01 14 WHEREAS, Merlin Entertainment Group US Holdings, "Developer," and 15 "Owner," has filed a verified application with the City of Carlsbad regarding property described 16 as 17 Lots 18 and 19 of Carlsbad Tract Map 94-09 Units 2 and 3, in 18 the City of Carlsbad, County of San Diego, State of California, according to map thereof no. 13408, filed in the Office of the County Recorder of San Diego, April 1, 1997 as file number 20 1997-147754 21 ("the Property"); and 22 WHEREAS, a Mitigated Negative Declaration and Mitigation Monitoring and 23 ......Reporting Program was prepared in conjunction with said project; and 24 WHEREAS, the Planning Commission did on January 21, 2009, hold a duly 25 noticed public hearing as prescribed by law to consider said request; and 26 WHEREAS, at said public hearing, upon hearing and considering all testimony 28 and arguments, examining the initial study, analyzing the information submitted by staff, and considering any written comments icccived, the Planning Commission considered all factors 27 ID relating to the Mitigated Negative Declaration and Mitigation Monitoring and Reporting 2 Program. -> NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 4 . Commission as follows: 5 A) That the foregoing recitations are true and correct. 7 B) That based on the evidence presented at the public hearing, the Planning Commission hereby RECOMMENDS ADOPTION of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, Exhibit 9 "MND," according to Exhibits "Notice of Intent (NOI)," and "Environmental Impact Assessment Form - Initial Study (EIA)," attached hereto and made a part 10 hereof, based on the following findings: 11 Findings: 12 1. The Planning Commission of the City of Carlsbad does hereby find: 13 a. it has reviewed, analyzed, and considered the Mitigated Negative Declaration 14 and Mitigation Monitoring and Reporting Program for the Legoland Hotel California and the environmental impacts therein identified for this project and 15 any comments thereon prior to RECOMMENDING APPROVAL of the project; ,,- andlo 17 b. the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program has been prepared in accordance with requirements of the California 18 Environmental Quality Act, the State Guidelines and the Environmental Protection Procedures of the City of Carlsbad; and 2Q c. it reflects the independent judgment of the. Planning Commission of the City of Carlsbad; and 21 d. based on the EIA and comments thereon, there is no substantial evidence the 22 project will have a significant effect on the environment. Conditions: 24 1. Developer shall implement, or cause the implementation of, the Legoland Hotel 25 California Project Mitigation Monitoring and Reporting Program. 26 27 28 PCRRSONO. 6524 -2- 1 2 3 4 5 6 7 8 9 10 11 1 O12 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 Planning Commission of the City of Carlsbad, California, held on January 21, 2009 vote, to wit: AYES: Commissioners Baker, Cardosa, Douglas, Chairperson Montgomery NOES: '•• ABSENT: Commissioners Boddy and Dominguez ABSTAIN: «&j*~^**** jyffl j^^tf**^*)^ MARTELC"!. MONTGO]31;RY, Ctoflprson CARLSBAD PLANNFN^OMMlSJDN ATTEST: i^yn / &U DON NEU Planning Director PC RESO NO. 6524 -3- , by the following Whitton, and \n City of Carlsbad Planning Department NOTICE OF INTENT TO ADOPT A MITIGATED NEGATIVE DECLARATION CASE NAME: CASE NO: PROJECT LOCATION: Legoland Hotel California SP 207CHV LCPA 08-017 SDP 96-14(CV CDP 96-16(C) North east corner of Palomar Airport Road and Armada Drive. Carlsbad, San Diego County. PROJECT DESCRIPTION: A request to amend the Carlsbad Ranch Specific Plan and Local Coastal Program to allow for hotel and accessory uses within Legoland, Planning Area 4, of the Specific Plan, revise the parking rate for Legoland and for gyms within the Specific Plan. The project also includes a Site Development Plan Amendment and Coastal Development Permit for the construction of a 250 room hotel within the parking lot of the Legoland theme park. PROPOSED DETERMINATION: The City of Carlsbad has conducted an environmental review of the above described project pursuant to the Guidelines for Implementation of the California Environmental Quality Act and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, the initial study (EIA Part 2) identified potentially significant effects on the environment, but (1) revisions in the project plans or proposals made by, or agreed to by, the applicant before the proposed negative declaration and initial study are released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effect on the environment would occur, and (2) there is no substantial evidence in light of the whole record before the City that the project "as revised" may have a significant effect on the environment. Therefore, a Mitigated Negative Declaration will be recommended for adoption by the City of Carlsbad City Council. A copy of the initial study (EIA Part 2) documenting reasons to support the proposed Mitigated Negative Declaration is on file in the Planning Department, 1635 Faraday Avenue, Carlsbad, California 92008. Comments from the public are invited. Please submit comments in writing to the Planning Department within 30 days of the date of this notice. The proposed project and Mitigated Negative Declaration are subject to review and approval/adoption by the City of Carlsbad Planning Commission and City Council. Additional public notices will be issued when those public hearings are scheduled. If you have any questions, please call Van Lynch in the Planning Department at (760) 602-4613. PUBLIC REVIEW PERIOD December 12, 2008 -January 11. 2009 PUBLISH DATE December 12, 2008 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us MITIGATED NEGATIVE DECLARATION CASE NAME: Legoland Hotel California CASE NO: SP 207CHV LCPA 08-01/ SDP 96-14(CV GDP 96-16CC) PROJECT LOCATION: North east corner of Palomar Airport Road and Armada Drive. Carlsbad, San Diego County. PROJECT DESCRIPTION: A request to amend the Carlsbad Ranch Specific Plan and Local Coastal Program to allow for hotel and accessory uses within Legoland, Planning Area 4, of the Specific Plan, revise the parking rate for Legoland and for gyms within the 'Specific Plan. The project also includes a Site Development Plan Amendment and Coastal Development Permit for the construction of a 250 room hotel within the parking lot of the Legoland theme park. DETERMINATION: The City of Carlsbad has conducted an environmental review of the above described project pursuant to the Guidelines for Implementation of the California Environmental Quality Act and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, the initial study (EIA Part 2) identified potentially significant effects on the environment, and the City of Carlsbad finds as follows: 1X1 Although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on the attached sheet have been added to the project. [~| The proposed project MAY have "potentially significant impact(s)" on the environment, but at least one potentially significant impact 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. (Mitigated Negative Declaration applies only to the effects that remained to be addressed). I I Although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier ENVIRONMENTAL IMPACT REPORT or NEGATIVE DECLARATION pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier ENVIRONMENTAL IMPACT REPORT or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project. Therefore, nothing further is required. A copy of the initial study (EIA Part 2) documenting reasons to support the Negative Declaration is on file in the Planning Department, 1635 Faraday Avenue, Carlsbad, California 92008. ADOPTED: . pursuant to City Council Ordinance Number , ATTEST: DON NEU Planning Director ENVIRONMENTAL IMPACT ASSESSMENT FORM - INITIAL STUDY (TO BE COMPLETED BY THE PLANNING DEPARTMENT) CASE NO: SP 207(H)/LCPA 08-01/SDP 96-14(C)/CDP 96-16(C) DATE: December 1.2008 BACKGROUND 1. CASE NAME: LEGOLAND HOTEL CALIFORNIA 2. LEAD AGENCY NAME AND ADDRESS: City of Carlsbad. 1635 Faradav'Ave. Carlsbad CA 92008 3. CONTACT PERSON AND PHONE NUMBER: Van Lynch (760) 602-4613 4. PROJECT LOCATION: North East corner of Palomar Airport Road and Armada Drive. Carlsbad, San Diego County 5. PROJECT SPONSOR'S NAME AND ADDRESS: Merlin Entertainment Group US Holdings. 1 Legoland Drive. Carlsbad CA 92008 6. GENERAL PLAN DESIGNATION: Travel Recreation Commercial (T-R) 7. ZONING: Tourist Commercial-Qualified Overlay Zone (CT-Q) 8. OTHER PUBLIC AGENCIES WHOSE APPROVAL IS REQUIRED (i.e., permits, financing approval or participation agreements): California Coastal Commission 9. PROJECT DESCRIPTION/ ENVIRONMENTAL SETTING AND SURROUNDING LAND USES: A request to allow hotel and accessory hotel uses within Planning Area 4 (Legoland California) of the Carlsbad Ranch Specific Plan. The project consists of the construction (phase one and two) of a 250 room, three story hotel. 14.383 sq. ft. restaurant 6.364 sq. ft. bar/lounge. 11.051 sq ft of retail space and an outdoor swimming pool. The hotel isxproposed to be built in two phases with 175 rooms in the first phase and 75 rooms in the second phase. Phase two also includes the buildout of the bar/lounge (2.150 sq. ft. and restaurant and restaurant support services of 3.021 sq. ft.) The hotel is proposed to be located within the existing parking lot at the existing pedestrian entry plaza to the Legoland theme park and will require modification to the entry plaza and existing parking lot. The existing parking lot is adequate to serve the proposed hotel use and no new parking lot area is required. Access for the hotel is proposed off The Crossings Drive via Palomar Airport Road. The project also includes a request to change the theme park parking rate from 94.2 parking spaces/acre to 80.08 spaces/acre and gym parking from 1/35 to 1/200. The project will require remedial grading and proposes a net export of 2.500 cu yds of material. The project site is surrounded by the Legoland theme park, a hotel/resort and Open Space beyond to the north. Palomar Airport Road and open space beyond to the south. The Crossings Drive and the Carlsbad municipal golf course to the east, and Grand Pacific Resort hotel/restaurant and a professional office business park to the west. SP 207(H)/LCPA 08-01/SDP 96-14(C)/CDP 96-16(C) LEGOLAND HOTEL CALIFORNIA ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The summary of environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact," or "Potentially Significant Impact Unless Mitigation Incorporated" as indicated by the checklist on the following pages. Aesthetics Agricultural Resources Air Quality Biological Resources X Cultural Resources Geology/Soils X Noise Hazards/Hazardous Materials LJ Population and Housing Hydrology/Water Quality | | Public Services Land Use and Planning Mineral Resources Recreation X Transportation/Circulation /\ Mandatory Findings of Significance Utilities & Service Systems Rev. 12/13/07 SP 207(H)/LCPA 08-01/SDP 96-14(C)/CDP 96-16(C) LEGOLAND HOTEL CALIFORNIA DETERMINATION. (To be completed by the Lead Agency) I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have "potentially significant impact(s)" on the environment, but at least one potentially significant impact 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. A Negative Declaration is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier ENVIRONMENTAL IMPACT REPORT or NEGATIVE DECLARATION pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier ENVIRONMENTAL IMPACT REPORT or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project. Therefore, nothing further is required. Planner Signature Date '.-. 9- 0<? Planning Director's Signature Date Rev. 12/13/07 SP 207(H)/LCPA 08-01/SDP 96-14(C)/CDP 96-16(C) LEGOLAND HOTEL CALIFORNIA ENVIRONMENTAL IMPACTS STATE CEQA GUIDELINES, Chapter 3, Article 5, Section 15063 requires that the City conduct an Environmental Impact Assessment (EIA) to determine if a project may have a significant effect on the environment. The Environmental Impact Assessment appears in the following pages in the form of a checklist. This checklist identifies any physical, biological and human factors that might be impacted by the proposed project and provides the City with information to use as the basis for deciding whether to prepare an Environmental Impact Report (EIR), Negative Declaration, or to rely on a previously approved EIR or Negative Declaration. • A brief explanation is required for all answers except "No Impact" answers that are adequately supported by an information source cited in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved. A "No Impact" answer should be explained when there is no source document to refer to, or it is based on project-specific factors as well as general standards. • "Less Than Significant Impact" applies where there is supporting evidence that the potential impact is not significantly adverse, and the impact does not exceed adopted general standards and policies. • "Potentially Significant Unless Mitigation Incorporated" applies where the incorporation of mitigation measures has'reduced an effect from "Potentially Significant Impact" to a "Less Than Significant Impact." The developer must agree to the mitigation, and the City must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level. • "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect is significantly adverse. • Based on an "EIA-Initial Study", if a proposed project could have a potentially significant adverse effect on the environment, but all potentially significant adverse effects (a) have been analyzed adequately in an earlier EIR or Mitigated Negative Declaration pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR or Mitigated Negative Declaration, including revisions or mitigation measures that are imposed upon the proposed project, and none of the circumstances requiring a supplement to or supplemental EIR are present and all the mitigation measures required by the prior environmental document have been incorporated into this project, then no additional environmental document is required. • When "Potentially Significant Impact" is checked the project is not necessarily required to prepare an EIR if the significant adverse effect has been analyzed adequately in an earlier EIR pursuant to applicable standards and the effect will be mitigated, or a "Statement of Overriding Considerations" has been made pursuant to that earlier EIR. . , • A Negative Declaration may be prepared if the City perceives no substantial evidence that the project or any of its aspects may cause a significant adverse effect on the environment. • If there are one or more potentially significant adverse effects, the City may avoid preparing an EIR if there are mitigation measures to clearly reduce adverse impacts to less than significant, and those mitigation measures are agreed to by the developer prior to public review. In this case, the appropriate "Potentially Significant Impact Unless Mitigation Incorporated" may be checked and a Mitigated Negative Declaration may be prepared. Rev. 12/13/07 |& SP 207(H)/LCPA 08-01/SDP 96-14(C)/CDP 96-16(C) LEGOLAND HOTEL CALIFORNIA • An EIR must be prepared if "Potentially Significant Impact" is checked, and including but not limited to the following circumstances: (1) the potentially significant adverse effect has not been discussed or mitigated in an earlier EIR pursuant to applicable standards, and the developer does not agree to mitigation measures that reduce the adverse impact to less than significant; (2) a "Statement of Overriding • -Considerations" for the significant adverse impact has not been made pursuant to an earlier EIR; (3) proposed mitigation measures do not reduce the adverse impact to less than significant; or (4) through the EIA-Initial Study analysis it is not possible to determine the level of significance for a potentially adverse effect, or determine the effectiveness of a mitigation measure in reducing a potentially significant effect to below a level of significance. A discussion of potential impacts and the proposed mitigation measures appears after each related set of questions. Particular attention should be given to discussing mitigation for impacts, which would otherwise be determined significant. Rev. 12/13/07 SP 207(H)/LCPA 08-01/SDP 96-14(C)/CDP 96-16(C) LEGOLAND HOTEL CALIFORNIA AESTHETICS - Would the project: a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including but not limited to, trees, rock outcroppings, and historic buildings within a State scenic highway? c) Substantially degrade the existing visual character or quality of the site and its surroundings? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated d) Create a new source of substantial light and glare, which would adversely affect day or nighttime views in the area? a - d) No Impact. The proposed project site is not identified as a scenic vista and no scenic resources are present on the previously developed site. The site is developed with the existing Legolarid theme park and the hotel would not substantially degrade the existing urbanizing visual character of the site. The hotel would not generate a significant new source of light since it is located within an existing illuminated parking lot. Less Than Significant No Impact Impact II. AGRICULTURAL RESOURCES - (In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model-1997 prepared by the California Department of Conservation as an optional model to use in assessing impacts on agriculture and farmland.) Would the project: a) Convert Prime Farmland, Unique" Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? c) Involve other changes in the existing environment, which, due to their location or nature, could result in conversion of Farmland to non-agricultural use? a - c) No Impact. The project site is presently a parking lot and pedestrian plaza for the entrance to the Legoland theme park. Therefore, no impacts to agricultural lands or operations will occur. D n Rev. 12/13/07 SP 207(H)/LCPA 08-01/SDP 96-14(C)/CDP 96-16(C) LEGOLAND HOTEL CALIFORNIA III. AIR QUALITY - (Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations.) Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is in non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant concentrations? e) Create objectionable odors affecting a substantial number of people? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact D n m a) No Impact. The project site is located hi the San Diego Ah- Basin which is a state non-attainment area for ozone (03) and for particulate matter less than or equal to 10 microns in diameter (PM10). The periodic violations of national Ambient Air Quality Standards (AAQS) in the San Diego Ah- Basin (SDAB), particularly for ozone in inland foothill areas, requires that a plan be developed outlining the pollution controls that will be undertaken to improve air quality. In San Diego County, this attainment planning process is embodied in the Regional Air Quality Strategies (RAQS) developed jointly by the Air Pollution Control District (APCD) and the San Diego Association of Governments (SANDAG). . A Plan to meet the federal standard for ozone was developed in 1994 during, the process of updating the 1991 state- mandated plan. This local plan was combined with plans from all other California non-attainment areas having serious ozone problems and used to create the California State Implementation Plan (SIP). The SIP was adopted by the Air Resources Board (ARB) after public hearings on November 9th through 10th in 1994, and was forwarded to the Environmental Protection Agency (EPA) for approval. After considerable analysis and debate, particularly regarding airsheds with the worst smog problems, EPA approved the SIP in mid-1996. The proposed project relates to the SIP and/or RAQS through the land use and growth assumptions that are incorporated into the air quality planning document. These growth assumptions are based on each city's and the County's general plan. The proposed project is consistent with its applicable Travel Recreation/Commercial General Plan and has been anticipated with the regional air quality planning process. Such consistency would ensure that the project would not have an adverse regional air quality impact. Section 15125(B) of the State of California Environmental Quality Act (CEQA) Guidelines contains specific reference to the need to evaluate any inconsistencies between the proposed project, and the applicable air quality management plan. Transportation Control Measures (TCMs) are part of the RAQS. The RAQS and TCM plan set forth the steps needed to accomplish attainment of state and federal ambient air quality standards. The California Rev. 12/13/07 SP 207(H)/LCPA 08-01/SDP 96-14(C)/CDP 96-16(C) LEGOLAND HOTEL CALIFORNIA Air Resources Board provides criteria for determining whether a project conforms with the RAQS which include the following: • Is a regional air quality plan being implemented in the project area? • Is the project consistent with the growth assumptions in the regional air quality plan? The project area is located in the San Diego Air Basin, and as such, is located in an area where a RAQS is being implemented. The project is consistent with the regional air quality plan and will in no way conflict or obstruct implementation of the regional plan. b) Less Than Significant Impact. The closest air quality monitoring station to the project site is at Camp Pendleton. Data available for this monitoring site from 2000 through December 2004 indicate that the most recent air quality violations recorded were for the state one hour standard for ozone (a total of 10 days during the 5-year period). No other violations of any air quality standards have been recorded during the 5-year time period. The project would involve minimal short-term emissions associated with grading and construction. Such emissions would be minimized through standard construction measures such as the use of properly tuned equipment and watering the site for dust control. Long-term emissions associated with travel to and from the project will be minimal. Although air pollutant emissions would be associated with the project, they would neither result in the violation of any air quality standard (comprising only an incremental contribution to overall ah" basin quality readings), nor contribute substantially to an existing or projected air quality violation. Any impact is assessed as less than significant. c) Less Than Significant Impact. The air basin is currently in a state non-attainment zone for ozone and suspended fine particulates. The proposed project would represent a contribution to a cumulatively considerable potential net increase in emissions throughout the air basin. As described above, however, emissions associated with the proposed project would be minimal. Given the limited emissions potentially associated with the proposed project, air quality would be essentially the same whether or not the proposed project is implemented. According to the CEQA Guidelines Section 15130(a)(4), the proposed project's contribution to the cumulative impact is considered de minimus. Any impact is assessed as less than significant. d) No impact. As noted above, the proposed would not result in substantial pollutant emissions or concentrations. In addition, there are no sensitive receptors (e.g., schools or hospitals) located in the vicinity of the project. No impact is assessed. e) No Impact. The construction of the proposed project could generate fumes from the operation of construction equipment, which may be considered objectionable by some people. Such exposure would be short-term or transient. In addition, the number of people exposed to such transient impacts is not considered substantial. Potentially r - * Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact IV. BIOLOGICAL RESOURCES - Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by California Department of Fish and Game or U.S. Fish and Wildlife Service? R.ev. 12/13/07 SP 207(H)/LCPA 08-01/SDP 96-14(C)/CDP 96-16(C) LEGOLAND HOTEL CALIFORNIA b) Have a substantial adverse effect on any riparian, aquatic or wetland habitat or other sensitive natural community identified in local or regional plans, policies, or regulations or by California Department of Fish and Game or U.S. Fish and Wildlife Service? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact D x c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including but not limited to marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established' native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? a-f) No Impact. The site is located within a developed pedestrian and vehicular parking lot. There are no species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by California Department of Fish and Game or U.S. Fish and Wildlife Service onsite or within the adjoining properties. There is no riparian, aquatic or wetland habitat or other sensitive natural community identified in local or regional plans, policies, or regulations or by California Department of Fish and Game or U.S. Fish and Wildlife Service onsite. There are no federally protected wetlands as defined by Section 404 of the Clean Water Act on the property. The property is not known to be subject to the movement of any native resident or migratory fish or wildlife species or be within established native resident or migratory wildlife corridors or contain native wildlife nursery sites. Since the property is devoid of animal or plant species that could be considered as sensitive or protected, the development of the site will not conflict with the provisions of the City's adopted Habitat Management Plan. V. CULTURAL RESOURCES - Would the project: Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact a) Cause a substantial adverse change in the significance of a historical resource as defined in §15064.5? Rev. 12/13/07 SP 207(H)/LCPA 08-01/SDP 96-14(C)/CDP 96-16(C) LEGOLAND HOTEL CALIFORNIA b) Cause a substantial adverse change in the signifi- cance of an archeological resource pursuant to §15064.5? c) Directly or indirectly destroy a unique pale ontological resource or site or unique geologic feature? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact d) Disturb any human remains, including those interred outside of formal cemeteries? a,b, and d) No Impact. The project site has been previously excavated and graded for the development of the Legoland theme park. Previous cultural resources identified with the development of the Legoland theme park EIR 94-01 have been mitigated. c) Potentially Significant Unless Mitigation Incorporated. The project site is located on the Santiago Formation and is potentially fossiliferous almost everywhere it occurs. The project grading has the potential to disturb undisturbed soils which may contain fossils. The retaining of a paleontologist to be present during grading operations and to implement an appropriate mitigation program which includes the following paleontological mitigation measures shall be implemented to reduce the potential paleontological impact to a level of insignificance; A. B. C. D. E. F. G. Prior to any grading of the project site, a paleontologist shall be retained to perform a walkover survey of the site and to review the grading plans to determine if the proposed grading will impact fossil resources. A copy of the paleontologist's report shall be provided to the Planning Director prior to issuance of a grading permit. A qualified paleontologist shall be retained to perform periodic inspections of the site and to salvage exposed fossils. Due to the small nature of some of the fossils present in the geologic strata, it may be necessary to collect matrix samples for laboratory processing through fine screens. The paleontologist shall make periodic reports to the Planning Director during the grading process. The paleontologist shall be allowed to divert or direct grading in the area of an exposed fossil in order to facilitate evaluation and, if necessary, salvage artifacts. All fossils collected may be donated to a public, non-profit institution with a research interest in the materials, such as the San Diego Natural History Museum.' •"* Any conflicts regarding the role of the paleontologist and the grading activities of the project shall be resolved by the Planning Director and City Engineer. VI. GEOLOGY AND SOILS - Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury or death involving:: Potentially Significant Impact Potentially ' Significant .Unless Mitigation Incorporated Less Than Significant No Impact Impact 10 Rev. 12/13/07 SP 207(H)/LCPA 08-01/SDP 96-14(C)/CDP 96-16(C) LEGOLAND HOTEL CALIFORNIA i. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii. Strong seismic ground shaking? iii. Seismic-related ground failure, including liquefaction? iv. Landslides? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact b) Result in substantial soil erosion or the loss of i | topsoil? c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction, or collapse? d) Be located on expansive soils, as defined in Section 1802.3.2 of the California Building Code (2007), creating substantial risks to life or property? e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not- available for the disposal of wastewater? a.i.-a.iii.) Potentially Significant Unless Mitigation Incorporated. A geotechnical investigation of the project site was prepared by Leighton and Associates (July 22, 2008) to provide subsurface information and geotechnical recommendations specific to the proposed site. According to this report,'the subject site is not located within any Earthquake Fault Zones as created by the Alquist-Priolo Act, nor are there any known major or active faults on or in the immediate vicinity of the site. Because of the lack of known active faults on the site, the potential for surface rupture at the site is considered low. The main seismic hazard that may affect the site is ground shaking from one of the active regional faults, with the nearest known active fault being the Rose Canyon Fault Zone located 4.7 miles west of the site. The project has been conditioned to implement the recommendations contained within the Leighton and Associates Geotechnical Investigation (July 22, 2008) to reduce the potential geotechnical impacts to a level of less than significant. a.iv.) No Impact. The topography of the site is relatively flat with elevations ranging from approximately 145 feet above mean sea level (msl) to approximately 153 feet msl. The geotechnical report prepared by Leighton and Associates.. (July 22, 2008) reports that there is no evidence of ancient landslides or slope instability existing on the subject site. 11 Rev. 12/13/07 SP 207(H)/LCPA 08-01/SDP 96-14(C)/CDP 96-16(C) LEGOLAND HOTEL CALIFORNIA b) No Impact. The topography of the site is relatively flat. Regardless, the project's compliance with standards in the City's Excavation and Grading Ordinance that prevent erosion through pad and slope planting and installation of temporary erosion control means will avoid substantial soil erosion impacts. c) Potentially Significant Unless Mitigation Incorporated. The project site is proposed on artificial fill which is underlain with a 15 to 20 feet thick layer of agricultural debris approximately 20 feet below the finish grade surface. The on site soils generally pose a low to medium expansion potential and highly expansive soils from the Santiago Formation may be present. The project is also located over a cut/fill condition which will require mitigation by over excavation of the cut portions or the building will need to be designed with a deep foundation system. The hotel and pool are situated over buried agricultural debris that was not designed to support settlement sensitive structures. Removal of the agricultural debris and/or design of a deep foundation system will be needed to mitigate differential settling of the proposed improvements. The project has been conditioned to implement, the recommendations contained within the Leighton and Associates Geotechnical Investigation (July 22, 2008) to reduce the potential impacts to a level of less than significant. d) Less Than Significant Impact. A subsurface field investigation of the project site was coordinated and performed by others per the Leighton and Associates (July 22, 2008) Geotechnical Investigation. The soils are anticipated to be low to moderate expansion potential. e) No Impact. The proposed project does not propose septic tanks and will utilize the public sewer system. Therefore, there will be no impacts involving soils that support the use of septic tanks or alternative wastewater disposal systems. VII. HAZARDS AND HAZARDOUS MATERIALS - Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? d) Be located on a site which is included on a. list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or environment? e) For a project within an airport land use plan, or where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact 12 Rev. 12/13/07 SP 207(H)/LCPA 08-01/SDP 96-14(C)/CDP 96-16(C) LEGOLAND HOTEL CALIFORNIA Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? a -h) No Impact. The project is a hotel/restaurant building. Other than common household hazardous materials like household cleaners, paint, and glues, etc. there will not be a significant presence of hazardous materials. Therefore the project will not create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials; create a significant hazard to the public or environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment; emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school. The project site is not a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would not create a significant hazard to the public or environment. The project site is within the airport influence area of the McClellan Palomar Airport, but is not located within the flight activity zone or runway protection zone. The property is not within close proximity of a private airstrip. An emergency response plan or emergency evacuation plan has been adopted for the project site and the plan will be modified to include the hotel/restaurant. The project does not interfere with the adopted plan. The site is not adjacent or near an area where wildlands are adjacent to urbanized areas. VIII. HYDROLOGY AND WATER QUALITY - Would the project: a) Violate any water quality standards or waste discharge requirements? b) Substantially deplete groundvvater supplies or interfere substantially with ground water recharge such that there would be a net deficit in aquifer volume or a lowering of the local ground water table level (i.e., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? Potentially Significant Impact, Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact SP 207(H)/LCPA 08-01/SDP 96-14(C)/CDP 96-16(C) LEGOLAND HOTEL CALIFORNIA c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner, which would result in substantial erosion or siltation on- or off- site? d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the flow rate or amount (volume) of surface runoff in a manner, which would result in flooding on- or off- site? e) Create or contribute runoff water, which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? f) Otherwise substantially degrade water quality? g) Place housing within a 100-year flood hazard area as mapped on a Federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood delineation map? h) Place within 100-year flood hazard area structures, which would impede or redirect flood flows? i) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? j) Inundation by seiche, tsunami, or mudflow? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact &SI [X] k) Increase erosion (sediment) into receiving surface waters. 1) Increase pollutant discharges (e.g., heavy metals, pathogens, petroleum derivatives, synthetic organics, nutrients, oxygen-demanding substances and trash) into receiving surface waters or other alteration of receiving surface water quality (e.g. temperature, dissolved oxygen or turbidity? m) Change receiving water quality (marine, fresh or wetland waters) during or following construction? n) Increase any pollutant to an already impaired water body as listed on the Clean Water Act Section 303(d) list? 14 Rev. 12/13/07 SP 207(H)/LCPA 08-01/SDP 96-14(C)/CDP 96-16(C) LEGOLAND HOTEL CALIFORNIA Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact o) Increase impervious surfaces and associated runoff? p) Impact aquatic, wetland, or riparian habitat? q) Result in the exceedance of applicable surface or groundwater receiving water quality objectives or degradation of beneficial uses? a) The subject property is required by law to comply with all federal, state and local water quality regulations, including the Clean Water Act, California Administrative Code Title 23, and specific basin plan objectives identified in the "Water Quality Control Plan for San Diego Basin." (WQCP) The WQCP contains specific objectives for the Carlsbad Hydrologic Unit which includes the requirement to comply with National Pollutant Discharge Elimination System (NPDES) and the use of Best Management Practices (BMPs). The project must also obtain a NPDES permit prior to construction. The permit will require the project to develop and implement specific erosion control and storm water pollution prevention plans to protect downstream water quality. These plans will ensure acceptable water quality standards will be maintained both during the construction phase as well as post-development. b) No Impact. This project does not propose to directly draw any groundwater. The project will be served via existing public water distribution lines adjacent to the site. c-d) No Impact. The Storm Water Management Plan (SWMP) prepared by Hofman Planning and Engineering (April 14, 2008), indicates that the site has been designed to mimic historic runoff patterns. Existing drainage generally surface flows from the site to the south to an existing private 36" storm drain. The post development pattern will also be to the existing storm drain. e) No Impact. Estimated pre and post flows for the 100 year storm were computed for the project site. The peak pre-development storm water runoff rate was computed at 72.9 cfs and post -development at 73.59 cfs. The minor increase will not substantially alter the existing drainage patterns of the site or area, or create or contribute runoff water which would exceed the capacity of the existing stormwater drainage system, nor does the project propose uses that cause a substantial, additional source of polluted runoff. f) No Impact. Construction of the proposed project improvements is required by law to comply with all federal, state and local water quality regulations, including the Clean Water Act and associated NPDES regulations. As mentioned above, the project includes a Preliminary Storm Water Management Plan and temporary impacts associated with the construction operation have been incorporated into the^plan/esulting in no impact. g-j) No Impact. The project site is not located within the 100-year flood hazard area, and based on the distance between the site and large, open bodies of water, and given the elevation of the site with respect to sea level (145 to 153 feet above mean sea level), the possibility of seiche, tsunami, or mudflow is considered to be low. k) No Impact. The construction phase of the project could result in increased erosion. However, as a result of the NPDES permit requirements associated with the proposed project, no significant increase in erosion (sediment) into receiving surface waters will result from the project. Standard construction water control methods will be implemented including a stabilized construction entrance; storm inlet protection; material delivery and storage specifications; concrete waste management specifications; and sanitary waste specifications. Standard conditions require compliance with NPDES sediment control requirements during the construction phase and implementation of the post construction BMPs for the project 1-m) No Impact. The Storm Water Management Plan (SWMP) indicates that the project shall be designed to remove pollutants of concern through storm water conveyance systems to the maximum extent practicable (MEP) through the incorporation of treatment control BMPs. As proposed, subject to compliance with the proposed BMPs, i?/n/n7 Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated SP 207(H)/LCPA 08-01/SDP 96-14(C)/CDP 96-16(C) LEGOLAND HOTEL CALIFORNIA the project will not result in the increase of pollutants into downstream waters, and no receiving water quality will be adversely affected through implementation of the proposed project. Post construction BMPs will further ensure that the project does not change the receiving water quality following construction activities. n) No Impact. The project does not drain to an impaired water body as listed on the Clean Water Act Section 303(d) list. o) No Impact. The net increase in impervious surface from the existing development of a hotel project is not significant. .The associated runoff increases discussed in paragraph "e" above are minor and less than significant. p) No Impact. Runoff from the proposed project will not impact aquatic, wetland or riparian habitats, as none of these habitats exist on site or in the vicinity of the site. q) No Impact. The project will not result in the excedance of applicable surface or groundwater receiving water quality objectives or degradation of beneficial use. Please refer to the preceding responses. Less Than Significant No Impact Impact IX. LANDUSE AND PLANNING - Would the project: " .... a) Physically divide an established community? b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan or natural community conservation plan? a) No Impact. The project site is a single parcel of land on the site of the existing Legoland theme park. Given the project's location and size, it is clear that it will not divide an established community. b) No Impact. There is an application for the amendment to the Carlsbad Ranch Specific plan to allow hotel uses within Planning Area 4 (Lego theme park) for the Specific Plan. The Specific Plan is the Implementing Ordinance for the Local Coastal Program. The Zoning of the property is Commercial Tourist, which would allow hotels with the processing of a Site Development Plan. There is no applicable land use/plan, policy, regulation, or habitat conservation plan which includes this property that is adopted for the purpose of avoiding or mitigating an environmental effect. The parking rate for gyms (1/35) within the Specific Planis being changed to meet the parking rate established within the Zoning ordinance of 1/200. c) No Impact. The project is not subject to the habitat preservation and mitigation measures of the Carlsbad Habitat Management Plan. 16 Rev. 12/13/07 SP 207(H)/LCPA 08-01/SDP 96-14(C)/CDP 96-16(C) LEGOLAND HOTEL CALIFORNIA X. MINERAL RESOURCES - Would the project: Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact a) Result in the loss of availability of a known mineral resource that would be of future value to the region and the residents of the State? b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan? a-b) No Impact. There is no indication that the subject property contains any known mineral resources that would be of future value to the region or the residents of the State. XI. NOISE - Would the project result in: Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact a) b) c) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance or applicable standards of other agencies? Exposure of persons to or generation of excessive groundbourne vibration or groundbourne noise levels? A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within 2 miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? a, c and e) Potentially Significant Unless Mitigation Incorporated. The Project site is located within the Airport Land Use Compatibility Plan, McClellan-Palomar Airport (ALUCP) and will subject persons on the exterior of the buildings to noise levels up to 68 CNEL. While noise impacts are identified, the ALUCP requires that the interior noise levels would need to be attenuated to 45 CNEL for the hotel use and 50 CNEL for the restaurant and retail uses. Exterior noise levels are determined to be acceptable by the ACLUP for the proposed hotel land use. 17 Rev. 12/13/07 SP 207(H)/LCPA 08-01/SDP 96-14(C)/CDP 96-16(C) LEGOLAND HOTEL CALIFORNIA Mitigation measures have been added to the Project to require interior noise level compliance prior to building permit issuance to ensure the noise levels are attenuated. As a result noise will be less than significant. b and d)Less than Significant Impact. The anticipated grading operation associated with the development of the proposed project would result in a temporary and minor increase in groundbome vibration and ambient noise levels. Following the conclusion of the grading, the ambient noise level and vibrations are expected to return to pre-existing levels. 0 No Impact. The project is not located within two miles of a public airport or within the vicinity of a private airstrip. Less Than Significant No Impact Impact XII. POPULATION AND HOUSING-Would the project: a) Induce substantial growth in an area either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? a - c): No Impact. The project does not propose residential development or the extension of existing roads or infrastructure which would induce growth. The project is not removing or displacing existing residential units or persons. Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Potentially Significant Potentially Unless Significant Mitigation Impact, Incorporated Less Than Significant No Impact Impact XIII. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered government facilities, a need for new or physically, altered government facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for any of the public services: i) Fire protection? ii) Police protection? iii) Schools? 18 Rev. 12/13/07 SP 207(H)/LCPA 08-01/SDP 96-14(C)/CDP 96-16(C) LEGOLAND HOTEL CALIFORNIA iv) Parks? v) Other public facilities? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact a.i.-a.v.) No Impact. The proposed project will not effect the provision and/or availability of public facilities (i.e., fire protection, police protection, schools, parks, etc.). The proposed project shall be subject to the conditions and facility service level requirements within the Local Facilities Management Plan for Zone 13, including a 40cents per sq ft of non-residential development fee to be collected at building permit issuance, therefore no significant public service impacts will occur. The Carlsbad Ranch Specific Plan EIR 94-01 included a mitigation measure for projects to submit security plans for review and approval by the Carlsbad Police Department. The Legoland theme park has on record an Emergency Action plan. The project includes conditions to revise the Emergency Action plan, to include the hotel, which shall be submitted for review and approval by the Police department prior to building permit issuance. Less Than Significant No Impact Impact XIV. RECREATION Potentially Significant Impact Potentially Significant •• ^ Unless Mitigation Incorporated a). Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment? a and b) No Impact. As part of the City's Growth Management Program (GMP), a performance standard for parks was adopted. The park performance standard requires that 3 acres of Community Park and Special Use Area per 1,000 population within a park district (quadrant) must be provided. The prefect site is located within Park District #1 (Northwest Quadrant). The necessary park acreage to achieve the GMF standard (3 acres/1,000 population) for Park District #1 has been achieved; therefore recreational facilities are adequate to accommodate the project. XV. TRANSPORTATION/TRAFFIC - Would the project: a) Cause an increase in traffic, which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to . capacity ratio on roads, or congestion at intersections)? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact 10 Rev. 12/13/07 SP 207(H)/LCPA 08-01/SDP 96-14(C)/CDP 96-16(C) LEGOLAND HOTEL CALIFORNIA b) c) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated D Less Than Significant Impact No Impact Result in a change in air traffic patterns, including either an increase in traffic levels or location that results in substantial safety risks? a change in d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? f) Result in insufficient parking capacity? g) Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turn- outs, bicycle racks)? a) Potentially Significant Unless Mitigation Incorporated. The project will generate 1800 Average Daily Trips (ADT) (90 AM and 126 PM peak hour trips). A majority of this traffic will utilize Palomar Airport Road (PAR) to access the proposed hotel. At the build-out Year 2030 volumes, the project's peak hour traffic will contribute to a Level of Service (LOS) E at the intersection of PAR and Paseo del Norte (PDN), which is higher than the city's requirement of LOS D or better. In order to mitigate for this potential impact, a dedicated right-turn lane needs to be constructed from eastbound PAR to southbound PDN. The project will be required to pay a proportional fair share contribution towards the construction of the right-turn lane. b) Less Than Significant Impact. SANDAG acting as the County Congestion Management Agency has designated three roads (Rancho Santa Fe Rd., El Camino Real and Palomar Airport Rd.) and one highway segment in Carlsbad as part of the regional circulation system. The existing LOS on these designated roads and highway in Carlsbad is: LOS "A-D" "A-D" "A-D" Rancho Santa Fe Road El Camino Real Palomar Airport Road SR 78 "F" The Congestion Management Program's (CMP) acceptable Level of Service (LOS) standard is "E", or LOS "F" if that was the LOS in the 1990 base year (e.g., SR 78 in Carlsbad was LOS "F" in 1990). Accordingly, all designated roads and highway 78 is currently operating at or better than the acceptable standard LOS. Achievement of the CMP acceptable Level of Service (LOS) "E" standard assumes implementation of the adopted CMP strategies. Based on the design capaciry(ies) of the designated roads and highway and implementation of the CMP strategies, they will function at acceptable level(s) of service in the short-term and at buildout. c) No Impact. The proposed project does not include any aviation components. The project is consistent with the Airport Land Use Compatibility Plan, McClellan-Palomar Airport. It would not, therefore, result in a change of air traffic patterns or result in substantial safety risks. No impact assessed. 20 Rev. 12/13/07 SP 207(H)/LCPA 08-01/SDP 96-14(C)/CDP 96-16(C) LEGOLAND HOTEL CALIFORNIA d) No Impact. All project circulation improvements will be designed and constructed to City standards; and, therefore, would not result in design hazards. The proposed project is consistent with the City's general plan and zoning. Therefore, it would not increase hazards due to an incompatible use. No impact assessed. e) No Impact. The proposed project has been designed to satisfy the emergency requirements of the Fire and Police Departments. No impact assessed. f) No Impact. The proposed project is not requesting a parking variance. Additionally, the project would comply with the City's parking requirements to ensure an adequate parking supply. No impact assessed. g) No Impact. The project is served by the North County Transit District (NCTD) and a bus stop is accommodated with the project design. Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact X XVI. UTILITIES AND SERVICES SYSTEMS - Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which would cause significant environmental effects? c) Require on result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment provider, which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? g) Comply with federal, state, and local statutes and regulations related to solid waste? a-g) No Impact. The proposed project will be required to comply with all Regional Water Quality Control Board Requirements. The existing project wastewater demand capacity is 21.3 million gpd (gallons per day) and the proposed project demand is 55,000gpd. The increase is not considered significant and will not have an effect on the Encina Wastewater Treatment Facility's capacity. All public facilities, including water facilities, wastewater treatment facilities and drainage facilities, have been planned and designed through the Local Facilities Management X 21 Rev. 12/13/07 SP 207(H)/LCPA OS-01/SDP 96-14(C)/CDP 96-16(C) LEGOLAND HOTEL CALIFORNIA Ordinance and the individual Zone Plans to accommodate the growth projections for the City at build-out. The project site is located in Zone 13 which is an infill zone that and has not been developed to its capacity. There is adequate wastewater, water, and storm water drainage capacity to accommodate the project as designed and or conditioned. The project therefore does not result in development that will require expansion or construction of new water facilities/supplies, wastewater treatment or storm water drainage facilities. Less Than Significant No Impact Impact XVII. MANDATORY FINDINGS OF SIGNIFICANCE Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumula- tively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects?) c) Does the project have environmental effects, which will cause the substantial adverse effects on human beings, either directly or indirectly? a) No Impact. The project does not have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory in that the site is infill, is developed, and is not adjacent to any habitat preserves or wildlife corridors. The retaining of a paleontologist to be present during grading operations and to implement an appropriate mitigation program which includes the following paleontological mitigation measures shall be implemented to reduce the potential paleontological impact to a level of insignificance; H. Prior to any grading of the project site, a paleontologist shall be retained to perform a walkover survey of the site and to review the grading plans to determine if the proposed grading will impact fossil resources. I. A copy of the paleontologist's report shall be provided to the Planning Director prior to issuance of a grading permit. J. . A qualified paleontologist shall be retained to perform periodic inspections of the site and to salvage exposed fossils. Due to the small nature of some of the fossils present in the geologic strata, it may be necessary to collect matrix samples for laboratory processing through fine screens. K. The paleontologist shall make periodic reports to the Planning Director during the grading process. L. The paleontologist shall be allowed to divert or direct grading in the area of an exposed fossil in order to facilitate evaluation and, if necessary, salvage artifacts. M. All fossils collected may be donated to a public, non-profit institution with a research interest in the materials, such as the San Diego Natural History Museum. 22 Rev. 12/13/07 SP 207(H)/LCPA 08-01/SDP 96-14(C)/CDP 96-16(C) LEGOLAND HOTEL CALIFORNIA Any conflicts regarding the role of the paleontologist and the grading activities of the project shall be resolved by the Planning Director and City Engineer. b) Potentially Significant Unless Mitigation Incorporated. The San Diego Association of Governments (SANDAG) projects-regional growth for the greater San Diego area, and local General Plan Land Use policies are incorporated into SANDAG projections. Based upon those projections, region-wide standards, including storm water quality control, air quality standards, habitat conservation, congestion management standards, etc., are established to reduce the cumulative impacts of development in the region. All of the City's development standards and regulations are consistent with the region wide standards. The City's standards and regulations, including grading standards, water quality and drainage standards, traffic standards, habitat and cultural resource protection regulations, and public facility standards, ensure that development within the City will not result in a significant cumulatively considerable impact. There are two regional issues that development within the City of Carlsbad has the potential to have a cumulatively considerable impact on. Those issues are air quality and regional circulation. As described above, the project would contribute to a cumulatively considerable potential net increase in emissions throughout the air basin. However, the air quality would be essentially the same whether or not the development is implemented. The County Congestion Management Agency (CMA) has designated three roads (Rancho Santa Fe Rd., El Camino Real and Palomar Airport Rd.) and two highway segments in Carlsbad as part of the regional circulation system. The CMA had determined, based on the City's growth projections in the General Plan, that these designated roadways will function at acceptable levels of service in the short-term and at build-out. The project is consistent with the City's growth projections, and therefore, the cumulative impacts from the project to the regional circulation system are less than significant. With regard to any other potential impacts associated with the project, City standards and regulations will ensure that development of the site will not result in any significant cumulatively considerable impacts. Cumulative impacts related to increased vehicle traffic through the Palomar Airport Road and Paseo del Norte intersection area considered to be cumulatively significant and mitigation is proposed in the form of monetary contributions for roadway improvements which will reduce the impacts to a level of insignificance. c) Potentially Significant Unless Mitigation Incorporated. Mitigation has been incorporated into the project and made conditions of approval to attenuate interior noise levels of the hotel and restaurant/retail to 45 CNEL and 50 dB(A) CNEL respectively. The project will therefore not have environmental effects which will cause substantial adverse effects on humans, either directly or indirectly. The project has been conditioned to implement the recommendations contained within the Leighton and Associates Geotechnical Investigation (July 22, 2008) to reduce the potential geotechnical impacts to a level of less than significant. XVIII. EARLIER ANALYSES '/-'^ Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following on'attached sheets: a) Earlier analyses used. Identify earlier analyses and state where they are available for review. b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation measures. For effects that are "Less Than Significant with Mitigation Incorporated," describe the mitigation measures, which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. 23 Rev. 12/13/07 ^ : SP 207(H)/LCPA 08-01/SDP 96-14(C)/CDP 96-16(C) LEGOLAND HOTEL CALIFORNIA EARLIER ANALYSIS USED AND SUPPORTING INFORMATION SOURCES The following documents were used in the analysis of this project and are on file in the City of Carlsbad Planning Department located at 1635 Faraday Avenue, Carlsbad, California, 92008. 1. Final Master Environmental Impact Report for the City of Carlsbad General Plan Update (MEIR 93-01). City of Carlsbad Planning Department. March 1994. 2. Carlsbad General Plan, City of Carlsbad Planning Department, dated March 1994. 3. City of Carlsbad Municipal Code, Title 21 Zoning, City of Carlsbad Planning Department, as updated. 4. Habitat Management Plan for Natural Communities in the City of Carlsbad, City" of Carlsbad Planning Department, final approval dated November 2004. 5. City of Carlsbad Growth Management Program. Local Facilities Management Plan Zone 13, October 1995. 6. Final Program Environmental Impact report for the Carlsbad Ranch Specific Plan Amendment SCH# 95051001, EIR 04-01, November 1995, Cotton Beland Associates, Inc. 7. Preliminary Drainage Study for Legoland Hotel California, April 14, 2008, Hofrnan Planning and Engineering. 8. Storm Water management Plan for Legoland Hotel California, April 14, 2008, Hofman Planning and Engineering. 9. Geotechnical Investigation, proposed Legoland Hotel, Carlsbad, CA dated July 22, 2008, Leighton and Associates, Inc, San Diego, CA. 10. Legoland Resort Hotel Traffic Impact Report, RBF Consulting, September 2, 2008. 11. Legoland Hotel project - Supplemental Synchro Traffic Analysis - Near Term (2010), RBF Consulting, September 2, 2008. 24 Rev. 12/13/07 SP 207(H)/LCPA 08-01/SDP 96-14(C)/CDP 96-16(C) LEGOLAND HOTEL CALIFORNIA LIST OF MITIGATING MEASURES (IF APPLICABLE) 1. Prior to issuance of building permits for the project, an interior noise analysis compliant with City standards will be required to demonstrate that the proposed hotel design would limit interior noise to. the City's 45 CNEL interior noise standard and that the restaurant/retail uses design would limit interior noise to the City's 50 CNEL interior noise standard. 2. The project design shall incorporate the recommendations contained within the Leighton and Associates Geotechnical Investigation dated July 22, 2008. 3. The following paleontological mitigation measures shall be implemented; N. Prior to any grading of the project site, a paleontologist shall be retained to perform a walkover survey of the site and to review the grading plans to determine if the proposed grading will impact fossil resources. O. A copy of the paleontologist's report shall be provided to the Planning Director prior to issuance of a grading permit. P. A qualified paleontologist shall be retained to perform periodic inspections of the site and to salvage exposed fossils. Due to the small nature of some of the fossils present in the geologic strata, it may be necessary to collect matrix samples for laboratory processing through fine screens. Q. The paleontologist shall make periodic reports to the Planning Director during the grading process. R. The paleontologist shall be allowed to divert or direct grading in the area of an exposed fossil in order to facilitate evaluation and, if necessary, salvage artifacts. S. All fossils collected may be donated to a public, non-profit institution with a research interest in the materials, such as the San Diego Natural History Museum. T. Any conflicts regarding the role of the paleontologist and the grading activities of the project shall be resolved by the Planning Director and City Engineer. 4. Prior to Building Permit issuance, the developer shall pay a proportional fair share contribution towards the construction of a dedicated right-turn lane from eastbound Palomar Airport Road to southbound Paseo del Norte. The fair share contribution shall be determined based on Caltrans methodology to the satisfaction of the City Engineer. If construction of the right-turn lane is incorporated into the city's Traffic Impact Fee (TIP) program, the payment of the.TIF will satisfy this condition. 25 Rev. 12/13/07 SP 207(H)/LCPA 08-01/SDP 96-14(C)/CDP 96-16(C) LEGOLAND HOTEL CALIFORNIA APPLICANT CONCURRENCE WITH MITIGATION MEASURES TfflS IS TO CERTIFY THAT I HAVE REVIEWED THE ABOVE MITIGATING MEASURES AND CONCUR WITH THE ADDITION OF THESE MEASURES TO THE PROJECT. 'i - OH ^ T_c,o& /6/l^^r^ /)• Date Signature /)' 26 Rev. 12/13/07 /•-• Page 1 of 2 PROJECT NAME: LEGOLAND HOTEL CALIFORNIA APPROVAL DATE: FILE NUMBERS: SP 207(H)/LCPA 08-01/SDP 96-14(C)/CDP 96-16(C) The following environmental mitigation measures were incorporated into the Conditions of Approval for this project in order to mitigate identified environmental impacts to a level of insignificance. A completed and signed checklist for each mitigation measure indicates that this mitigation measure has been complied with and implemented, and fulfills the City's monitoring requirements with respect to Assembly Bill 3180 (Public Resources Code Section 21081.6). 1 Mitigation Measure'<Monitoring '-Type., Monitoring1 i Department Shown on Plans • Verified Implementation Remarks Prior to issuance of building permits for the project, an interior noise analysis compliant with City standards will be required to demonstrate that the proposed hotel design would limit interior noise to the City's 45 CNEL interior noise standard and that the restaurant/retail uses design would limit interior noise to the City's 50 CNEL interior noise standard. Project Planning The project design shall incorporate the recommendations contained within the Leighton and Associates Geotechnical Investigation dated July 22, 2008. Project Engineering The following paleontological mitigation measures shall be implemented; A. Prior to any grading of the project -.site, a paleontologist shall be retained to. perform a walkover survey of the site and to- review the grading plans to determine if the proposed grading will impact fossil resources. B. A copy of the paleontologist's report shall be provided to the Planning Director prior to issuance of a grading permit. Project Planning Explanation of Headings: Type = Project, ongoing, cumulative. Monitoring Dept. = Department, or Agency, responsible for monitoring, a particular mitigation measure. Shown on Plans = When mitigation measure is shown on plans, this column will be initialed and dated. Verified Implementation = When mitigation measure has been implemented, this column will be initialed and dated. Remarks = Area for describing status of ongoing mitigation measure, or for other information. RD -Appendix P. Page 2 of 2 Mitigation Measure Monitoring -Type > Monitoring Department: Shown on; . Plansw; Verified Implementation Remarks C. A qualified paleontologist shall be retained to perform periodic inspections of the site and to salvage exposed fossils. Due to the small nature of some of the fossils present in the geologic strata, it may be necessary to collect matrix samples for laboratory processing through fine screens. SD, The paleontologist shall make periodic reports to the Planning Director during the grading process. E. The paleontologist shall be allowed to divert or direct grading in the area of an exposed fossil in order to facilitate evaluation and, if necessary, salvage artifacts. F. All fossils collected may be donated to a public, non-profit institution with a research interest in the materials, such as the San Diego Natural History Museum. G. Any conflicts regarding the role of the paleontologist and the grading activities of the project shall be resolved by the Planning Director and City Engineer. ';.. '•-''' Prior to Building Permit issuance, the developef shall pay a proportional fair share contribution towards the construction of a dedicated right-turn lane from eastbound Palomar Airport Road to southbound Paseo del Norte. The fair share contribution shall be determined based on Caltrans methodology to the satisfaction of the City Engineer. If construction of the right-turn lane is incorporated into the city's Traffic Impact Fee (TIF) program, the payment of the TIF will satisfy this condition. Project Engineering Explanation of Headings: Type = Project, ongoing, cumulative. Monitoring Dept. = Department, or Agency, responsible for monitoring a particular mitigation measure. Shown on Plans = When mitigation measure is shown on plans, this column will be initialed and dated. Verified Implementation = When mitigation measure has been implemented, this column will be initialed and dated. Remarks = Area for describing status of ongoing mitigation measure, or for other information. RD - Appendix P. PLANNING COMMISSION RESOLUTION NO. 6525 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF SPECIFIC PLAN AMENDMENT NO. 207(H) 4 TO ADD HOTEL AND ACCESSORY USES TO PLANNING , AREA 4 OF THE CARLSBAD RANCH SPECIFIC PLAN, TO REVISE THE PARKING RATE FOR LEGOLAND AND GYMS 6 WITHIN THE CARLSBAD RANCH SPECIFIC PLAN, AND CHANGE THE STREET NAME FROM HIDDEN VALLEY 7 ROAD TO THE CROSSINGS DRIVE ON PROPERTY GENERALLY LOCATED NORTH OF PALOMAR AIRPORT 8 ROAD, SOUTH OF CANNON ROAD, EAST OF PASEO DEL o NORTE AND WEST OF THE CROSSINGS DRIVE IN THE MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM 10 AND IN LOCAL FACILITIES MANAGEMENT ZONE 13. CASE NAME: LEGOLAND HOTEL CALIFORNIA 11 CASE NO.: SP 2Q70D 12 WHEREAS, Merlin Entertainment Group US Holdings, "Developer," and 13 "Owner," has filed a verified application with the City of Carlsbad regarding property described 14 as 15 16 Lots 18 and 19 of Carlsbad Tract Map 94-09 Units 2 and 3, in the City of Carlsbad, County of San Diego, State of California, 17 according to map thereof no. 13408, filed in the Office of the County Recorder of San Diego, April 1, 1997 as file number 18 1997-147754 19 ("the Property"); and 20 WHEREAS, said verified application constitutes a request for a Specific Plan 21 amendment on file in the Carlsbad Planning Department, LEGOLAND HOTEL 22 CALIFORNIA - SP 207(H) as provided by SP 207(E) and Government Code Section 65453; 24 and 25 WHEREAS, the proposed "LEGOLAND HOTEL CALIFORNIA- SP 207(H)" 26 is set forth and attached in the draft City Council Ordinance, Exhibit "SP 207(H)" dated, 27 January 21, 2009, and attached hereto; and 28 WHEREAS, the Planning Commission did, on January 21, 2009, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony 2 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 3 relating to the Specific Plan amendment; and 4 5 WHEREAS, on June 24, 2008, the City Council approved SP 207(G), as g described and conditioned in Planning Commission Resolution No. 6414 and City Council 7 Resolution Ordinance No. NS 893. 8 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 9 Commission of the City of Carlsbad as follows: 10 A) That the foregoing recitations are true and correct. 11 B) That based on the evidence presented at the public hearing, the Commission 12 RECOMMENDS APPROVAL of LEGOLAND HOTEL CALIFORNIA- SP 13 207(H) based on the following findings and subject to the following conditions: 14 Findings: * 5 i jne proposed development as described by the Specific Plan (SP 207(H)) is consistent . , with the provisions of the General Plan in that the General Plan Land Use designation for Planning Area Four (Legoland) of the Carlsbad Ranch Specific Plan area is 17 Travel/Recreation Commercial (TR) and the TR designation allows uses such as visitor attractions and commercial uses that serve the travel and recreational needs 18 of tourists, residents, and employees of the business and industrial centers. Such uses are intended to be located near major transportation corridors or recreational and resort areas. Hotel and accessory restaurant and retail uses to hotels are 2Q appropriate in the location proposed as they will serve the Legoland theme park and are accessible from major circulation element roadways (Cannon Road and 21 Palomar Airport Road). 22 2. The proposed plan would not be detrimental to the public interest, health, safety, convenience, or welfare of the City in that the proposed hotel and accessory hotel uses are consistent with the existing Legoland theme park entertainment use and will not 24 impact the public interest, health, safety, convenience, or welfare of the City. 25 3. All necessary public facilities can be provided concurrent with need, and adequate provisions have been provided to implement those portions of the capital improvement 26 program applicable to the subject property in that the project is served by existing roads (Cannon Road, Palomar Airport Road, and The Crossings Drive) which operate at acceptable levels of service with the proposed mitigation measures and all 2g other public facilities are in place or will be conditioned to be implemented concurrent with the need for any future development of the site. PCRESONO. 6525 -2- 4. The proposed Travel/Recreational uses will be appropriate in area, location, and overall design to the purpose intended. The design and development standards are such as to create an environment of sustained desirability and stability. Such development will meet performance standards established by this title in that development will be required to comply with the development standards of the Carlsbad Ranch Specific Plan which is found to be consistent with the various elements of the General Plan. 5. In the case of institutional, recreational, and other similar nonresidential uses, such development will be proposed, and surrounding areas are protected from any adverse effects from such development in that adequate buffer standards in the form of 7 required setbacks, physical barriers and landscaping have been incorporated into the Specific Plan to accommodate the proposed hotel and accessory hotel uses. 8 6. The streets and thoroughfares proposed are suitable and adequate to carry the anticipated traffic thereon as there is not a present significant traffic increase associated with the i A proposed hotel and accessory hotel uses and any additional traffic would not exceed the capacities of the roadways utilized by the project. Cumulative traffic impacts 11 are associated with the proposed hotel project and the mitigation measures proposed would reduce the 2030 buildout traffic impacts to an acceptable level of 12 service. The project does add additional traffic through the Palomar Airport Road ., and Paseo del Norte intersection, which has been identified as impacted. Mitigation in the form of a new right turn lane from eastbound Palomar Airport Road onto 14 south Paseo Del Norte would increase the service level of the intersection to an acceptable level. 15 7. Any proposed commercial development can be justified economically at the location 16 proposed and will provide adequate commercial facilities of the types needed at such location proposed. „ 8. The area surrounding the development is or can be planned and zoned in coordination and substantial compatibility with the development. 19 9. Appropriate measures are proposed to mitigate any adverse environmental impact as 20 noted in the mitigated negative declaration and monitoring and reporting program for the project. 21 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 If any of the following conditions fail to occur, or if they are, by their terms, to be 26 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 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 PCRESONO. 6525 -j- conditions or seek damages for their violation. No vested rights are gained by Developer 2 or a successor in interest by the City's approval of this Specific Plan Amendment. . Staff is authorized and directed to make, or require Developer to make, all corrections and modifications to the Specific Plan Amendment document(s) necessary to make 4 them internally consistent and in conformity with final action on the project. Development shall occur substantially as shown in the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. 3. This project shall comply with all conditions and mitigation measures which are required 7 as part'of the Zone 13 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 8 4. This approval is granted subject to the approval of LCPA 08-01 and is subject to all conditions contained in Planning Commission Resolutions No. 6526 for the other „ approval incorporated herein by reference. 5. Prior to the issuance of building permits for the project, the applicant shall submit to the Planning Director a digital copy and a camera-ready master copy of the 12 LEGOLAND HOTEL CALIFORNIA- SP 207(H) Plan, in addition to 10 bound copies. 13 6. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code 17 Section 66020. .If any such condition is determined to be invalid, this approval shall be invalid unless the City Council determines that the project without the condition complies * ° with all requirements of law. 19 8. Developer shall implement, or cause the implementation of, the LEGOLAND HOTEL 20 CALIFORNIA - SP 207(H) Project Mitigation Monitoring and Reporting Program. 21 Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from 22 and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees incurred by the City arising, directly or indirectly, from (a) City's J approval and issuance of this Specific Plan Amendment, (b) City's approval or issuance of any 94 permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility 25 permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation survives until all legal proceedings have been concluded and continues even if the City's „„ approval is not validated. 28 PC RESO NO. 6525 -4- 1 2 "> 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOTICE Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading, or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on January 21, 2009, by the following vote, to wit: AYES: NOES: Commissioners Baker, Cardosa, Douglas, Whitton, and Chairperson Montgomery ABSENT: Commissioners Boddy and Dominguez -, ^ ABSTAIN: MARTEOfB. MONTG CARLSBAD PLANN ATTEST: erson ION DON NEU Planning Director PCRESONO. 6525 -5- Exhibit "SP 207(H)" January 21, 2009 1 ORDINANCE NO. 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(G)) TO ADD HOTEL AND ACCESSORY USES TO PLANNING AREA 4 OF 4 THE CARLSBAD RANCH SPECIFIC PLAN AND TO REVISE THE PARKING RATE FOR LEGOLAND AND GYMS WITHIN 5 THE CARLSBAD RANCH SPECIFIC PLAN ON PROPERTY GENERALLY LOCATED NORTH OF PALOMAR AIRPORT 6 ROAD, SOUTH OF CANNON ROAD, EAST OF PASEO DEL NORTE AND WEST OF THE CROSSINGS DRIVE IN THE 7 MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM AND IN LOCAL FACILITIES MANAGEMENT ZONE 13. 8 CASE NAME: LEGOLAND HOTEL CALIFORNIA CASE NO.: SP 207(H) 9 The City Council of the City of Carlsbad, California, does ordain as follows: 10 WHEREAS, the Carlsbad Ranch Specific Plan was originally adopted by City Council Ordinance No. NS-277 on March 16, 1993 and has been amended several times and 12 contains the uses, development standards and design guidelines for the development of the subject property; and14 WHEREAS, the City Council of the City of Carlsbad has reviewed and considered a Specific Plan Amendment (SP 207(H)) for the Carlsbad Ranch Specific Plan; and16 WHEREAS, after procedures in accordance with requirements of law, the City Council has determined that the public interest indicates that said Specific Plan Amendment (SP18 207(H)) be approved. ,\ NOW, THEREFORE, the City Council of the City of Carlsbad does ordain as ~, follows: 22 SECTION 1: That Specific Plan SP 207(H), on file in the Planning Department, 2<> and incorporated herein by reference, is adopted. The Carlsbad Ranch Specific Plan (SP 24 207(H)) shall constitute the development plan for the property and all development within the 25 plan area shall conform to the plan. 26 SECTION 2: That the Carlsbad Ranch Specific Plan (SP 207), as amended to 27 date, and further amended by Specific Plan Amendment 207(H), dated January 21, 2009, is 28 approved. SECTION 3: That Specific Plan Amendment SP 207(H) replaces text in the Carlsbad Ranch Specific Plan, as shown on Attachment SP 207(H). SECTION 4: That the findings and conditions of the Planning Commission in 4 Planning Commission Resolution No. 6525 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 08-01 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 /// 16 /// 17 /// 18 /// 19 /// 20 /// 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the day of 2009, and thereafter. PASSED AND ADOPTED at a regular meeting of the City Council of the City of 4 Carlsbad on the day of 2009, by the following vote, to wit: 5 AYES: 6 NOES: 7 ABSENT: 8 ABSTAIN: 9 10 APPROVED AS TO FORM AND LEGALITY 11 RONALD R. BALL, City Attorney 13 14 CLAUDE A. LEWIS, Mayo15 16 ATTEST: 17 18 LORRAINE M. WOOD, City Clerk 19 (SEAL) 20 21 22 23 24 25 26 27 28 Attachment Legoland Hotel California - SP 207(H) Much of the most visible west-facing slope will maintain agricultural use of the site as flower fields. Formal elements will heighten the sense of the hillside landscape and will reinforce the visual importance of the ridgeline extending through the site and creating a prominent brow at the southwest end. A transitional wall will create an edge to the flower fields that will become a promenade providing scenic vistas to the fields, the city and the ocean. Development will be concentrated within a limited area along the western-most ridge and areas to the east. A hotel/timeshare will occupy a prominent location at the southern end of the site. The hotel/timeshare will serve a role in Carlsbad much lik"e the La Valencia Hotel in La Jolla and the Hotel Del Coronado in Coronado as a major landmark and social gathering place for the community. The use of courtyards, terraces, landscaping, sloping and tiled roofs, distinctive massing and many of the qualities characteristic of Mediterranean buildings are envisioned. The focus of development in the north and central portion of the specific plan will be on Biotech, research/corporate users and a vocational campus housing the Gemological Institute of America. The development will be a mix of one, two and three-story buildings. Design standards will continue to require architectural articulation on all buildings, incorporating a vocabulary, which is compatible with the overall Mediterranean character of the Carlsbad Ranch. LEGOLAND Carlsbad will be situated on the southeast quadrant of the Carlsbad Ranch. It will consist of parking, an inner park of active and passive clusters, an outer park afi4alonq with a-service and administration area and an outer park containing a hotel and parking. All areas of the park will be heavily landscaped. The inner park will also contain water features. All areas of the park will be child and pedestrian oriented. All structures will be designed to blend in with the extensive landscaping in garden-like settings. LEGO models will be featured in LEGOLAND Carlsbad. A full-service destination resort, which may include up to 700 suites is proposed to be located on the northeast corner of the Ranch. The architecture will be compatible with the same Mediterranean vocabulary prevalent throughout the Ranch and features such as sloping tile roofs, terraces, arches, and elevated walkways connecting the various buildings should be encouraged. A golf course, open to the public, will be situated below the resort adding to the open space in the Ranch. The western-most portion of the Ranch below the flower fields and adjacent to Paseo Del Norte will be developed as a specialty retail center. Buildings will be designed and oriented to allow for views of the flower fields to the east. There will be a focus on food service at the end of the pedestrian access to the flower fields and ridge promenade. Carlsbad Ranch Specific Plan 21 2. BUILDING COVERAGE For developments which utilize surface parking, all structures shall not cover more than fifty percent of the lot on which they are located. For developments which include a parking structure or parking is located within or under the building it serves, the total coverage of all structures shall not exceed seventy-five percent of the lot. This provision shall apply only if seventy-five percent of the required parking is located in the parking structure or within or under the building it serves. 3.PARKING STANDARDS Parking spaces for all permitted and ancillary uses shall be provided consistent with the parking standards and parking ratios set forth in this specific plan. Facilities for bicycle parking shall be provided within all planning areas. The parking requirements for LEGOLAND Carlsbad are provided in the development standards for Planning Area 4. If the parking standards or parking ratios are not specifically addressed in this specific plan then Chapter 21.44 of the Carlsbad Municipal Code shall be utilized. a. Parking Ratios Parking ratios shall conform with the following standards: Art Galleries/Museums Financial Institutions Gyms and Health Clubs Hotels Manufacturing Medical Offices Pre-schools/Daycare Facilities Professional Offices Research and Development Bio Industrial - Research and Development Restaurants - <4000 sq.ft. Restaurants - >4000 sq.ft. Retail 1 space per 500 GSF 1 space per 250 GSF 1 space per £§-200 GSF 1.2 spaces per room 1 space per 400 GSF plus 1 space for each vehicle used in conjunction with the use " ''< 1 space ,pej 200 GSF 1 space per employee and 1 space per 10 students 1 space per 250 GSF 1 space per 250 GSF 1 space per 300. GSF 1 space per 100 GSF 40 spaces plus 1 space per 50 sq.ft. over 4000 sq.ft. 1 space per 200 GSF Carlsbad Ranch Specific Plan 64 Hkteeft-Vatiey-Reaai he Crossings Drive i. Roadway Character Hi^cien Vafey-ReaaThe Crossings Drive will provide emergency and service access to Planning Areas 4 & 5, LEGOLAND Carlsbad and the Resort. HJ4^eFrVa4tev^Roa4The Crossings Drive will end outside the northeastern boundary of the specific plan and may provide secondary access to the future Veteran's Memorial Park. From Palomar Airport Road to the entrance to LEGOLAND Carlsbad, His4sR- Vattey Roa4The Crossings Drive will have a Right-of-Way width of 84', with a curb-to-curb width of 64'. From the LEGOLAND Carlsbad Entrance to its northern terminus it will have a 62' Right-of- Way with a curb-to-curb width of 40'. Sidewalks in cbnformance with City standards shall be constructed on both sides of •HJ^4en4Mlev-RQa4The Crossings Drive from Palomar Airport Road to the entrance to LEGOLAND Carlsbad. From the entrance to LEGOLAND Carlsbad to the northern edge of the specific plan, an 8' wide meandering trail in 14' landscaped area shall be provided along the western edge of Mi44efi Va'isy Rea4The Crossings Drive. This will accommodate Segment 28 of the City's Trail Plan. A standard 5.5' wide sidewalk shall be provided along the easterly side of this portion of Midden Vatiev RoadThe Crossings Drive. If the City of Carlsbad develops the property to the east of Hkkteft Vatiev-R0a4Th.e Crossings Drive as a public golf course, Segment 28 of the Citywide Trail System may be located along the eastern side of Hi4defr¥a-l4ey-Bea4The Crossings Drive, subject to the approval of the City. ii. Landscaping/Street Trees . t Landscaping shall be installed concurrent with the development of the roadway in conformance with all applicable City standards. The Landscaping of HJd4eff-Vattey-Roa4Th8 Crossings Drive shall be compatible with the landscaping of LEGOLAND Carlsbad. As a guideline, one tree should be provided for every 40 linear feet of road frontage, to comply with the City's minimum standards. Carlsbad Ranch Specific Plan 80 LEGO Attraction Areas - Other attractions in LEGOLAND Carlsbad emphasize LEGO themes such as Town, Castle, and Pirates. 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. LEGOLAND hole! and parking facilities for LEGOLAND Carlsbad. The actual boundaries of 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. LEGOLAND Hotel The hotel, accessory uses to the hotel and hotel guest parking are to be iocated in the Outer Park betweenVthe LEGOLAND entrance and administrative offices. Hotel parking will be separated from the general visitor parking for LEGOLAND Carlsbad Vnd accessible from the main entrance and The Crossings Drive. Details of the hotel, accessory uses and hotel guest parking will be provided as part of the application for the Site Development Plan. Carlsbad Ranch Specific Plan 113 Parking and Circulation Proposed parking consists of areas for guest parking, bus parking, recreation vehicle., afid-employee parking and hotel 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, signs on Palomar 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. s&utheastern ...... poftien ..... of--the-sSte^ — Bus/RV parking will be provided at ..the southwestern portion of the site. The bus/RV parking area will be double striped and availab|_elQLuse_asstandard LEGOLAND visitor parking during gea k^gejjods Jn w w h.igh J3 y s d e m a nd is ....low., _g n. an as-n eeded . ba sis. C h a rte r bus and school bus access to LEGOLAND theme park wiJI be through the main entrance. Bus drop-off areas are provided in the parking lot along the pedestrian spine which leads into LEGOLAND. _ NCTD bus access will be provided via The Crossings Drive. Charter bus service to the hotel wii! be via The Crossings Drive. Employee parking facilities are provided at the southeastern portion of the site. Access to these areas will be from Palomar Airport Road via HM^eft Valley ..... RoadThe Crossings ..... Drive. Emergency vehicle access is also provided via Hfddef»¥allev-Rea4The Crossings Drive. Details of the parking areas will be provided as a part of the application for the Site Development Plan. Hotel parking will be separated from the general visitor parking for LEGOLAND Carlsbad and accessible from the main entrance and The Crossings Drive, it is anticipated that upon initial arrival to the hotel, quests will enter from Cannon Road through the LEGOLAND main entrance. Once at the hotel, quests are likely to utilize the entrance via The Crossings Drive to avoid the general park traffic. Carlsbad Ranch Specific Plan 114 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; Note! and accessory uses to the hotel including: Retail Restaurants, not including drive-up or drive-in services Health and Fitness Clubs Staged entertainment Recreational facilities for water play Rental car agency Childcare facilities Personal services. Barbers, Beauty shops, etc. Bars and Niahtclubs Art Galleries/Museums Administrative and Business Offices 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;4 . 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; Carlsbad Ranch Specific Plan 119 4 S he Crossings Drive (Area 3) Building Setbacks No building shall be closer than 20 feet from the right- of-way line. Landscape Setbacks Landscaping shall extend a minimum of 20 feet from the right-of-way line. Parking Setbacks No parking area shall be allowed closer than 20 feet from the right-of-way line. iv. Palomar Airport Road (Area 4) . Building Setbacks No building shall be closer than 300 feet from the northern right-of-way line along Palomar Airport Road. Landscape Setbacks Landscaping shall extend a minimum of 140 feet from the northern right-of-way line along Palomar Airport Road (150 feet from the curb). Parking Area Setbacks - No parking area shall>be allowed closer than 140 feet from the northern rjgh^t-of-way line along Palomar Airport Road (150 feet from the curb). Carlsbad Ranch Specific Plan 121 e. Parking Standards- h""*1 i tic icuuncu uaiFMMM *<• \slr*n ^-r\Qppo t**i|| KG rvf/^wirlpiMhy ojJuOeo Will tJfe1 psOvi^e Anforrsohf-P^ R\/ D^rtrj^^f ^C ^'"K ^ T x ^ n i»L_\^v>L_rM>iL-/ \-^ai loudu 10 do IUMWVVO. TVUUVVU tu H nn *hr ^np^in"1 ^"V M ! F^O! AND ^^rl^k^^* \j U op*-fvtiizr L.criQ/^^ic. pnn r^po/^pi^ "en Ip-,r^I TOTAL LEGOLAND Park - Autos 3.103 spaces Park - RV's 20 spaces Employee 600 spaces Hotel 1.2 spaces per room Restaurant 1 space per 100 SF (if over 4.000 SF) 40 + 1 space per 50 SF Retail 1 space per 300 SF in addition, 60 bus spaces, and an additional 26 RV spaces are provided as a convenience to touring bus companies and schools. During peak demand events however, this parking may be converted to visitor parking spaces. If additional uses not specifically listed above are developed. Chapter 21.44 of the Carlsbad Municipal Code shall be utilized for the parking standards or parking ratios. ^-Automobile parking stall sizes shall be a minimum widthsse-of a minimum area of 170 square feet. All aisles shall be a minimum of 4-9^-24' feet in width fsH1|ffe-:4H4eii0F^-wiy^h•e^ GfteRted-at4Q-d€§f&es^-Employee parking stalls shall be a minimum of 9' x 20^ Recreation Vehicle parking stalls shall be 34' x 11'. Bus parking stalls shall be 40' x 12'. All bus aisles shall be a minimum of 75 feet in width. If tandem bus parking occurs, there shall be a minimum of 3 feet between buses. All handicapped parking stalls shall meet the requirements of the The City of Carlsbad does not have a specific parking standard for a theme park such as LEGO. The theme pork standards are derived based on the justification and analysis contained in an addendum prepared .by RBF doted January 23, 2008 to the AQDU12£l!2!li£liyi3i:J2d^^ by KAKU Associates, Inc. (Traffic Study for the CafebacMEGOLAMD Ccrbtcd, dsteci April 4P94, page; SSMo^f.. This report and addendum fe-are available at the City of Carlsbad Planning Department and is incorporated herein by reference. Carlsbad Ranch Specific Plan 124 Americans With Disabilities Act. The proposed parking concept shall meet or exceed the City of Carlsbad landscape requirements of 1 tree per 4 parking stalls. Bicycle access to the parking lot shall be provided at the trail connections off LEGO Drive and off Hidden Valley RoadThe Crossings Drive. Bicycle racks shall be provided within the parking area. oi«~ v-{f;-n-^v r^^v^ATT^vi^ n i-i/j-!! H^ r^r'^vii^^ri v^^Hfn fj'v^ J ^C-^{~) ^tr^ ---?? ri-i.*s-£*r^.pf • ^^1 tSrri\{iTg Cyvp'Ql iwiWt t W lit *^« wp*~*~*w'* iv*^*-*HVTSVI ti i *.i r*^ 4* %•* j wiwwt * *• *^* fKgs F^'CK^V^r A-^^^T**----I? n3rj---Hu.!ffAr--7'.r^-n^-.^-.---v"1"faff* f* r^S WJH !^G i£n'^iSS££/-StCi---5-n-CJ -ffi^ the parking overflow arsa-when warranted by traffic usage, but not before. This overflow parking area will accommodate an additional 1,150 parking determine if this- -overflow ••area needs to be paved. The City sha'l advise LEGO of any hoa!:h and/or safety probioms and, at the direction cf tho City CT r^ /-*. [I r". • .a ja.r yy^ A\.1_ T^ H -I- 4 r A -A- A -W_ H <Q ^>P^ C. g?_ ^ -P.A .- T^ P^ ^ H f & ^ f" J"V- .^ i^-P*^ r* ^ ^ H A S^r r^Hl>^ m P -i— i ! —t H **-*"—*! , Si i *-< J I t-r W Vt 1 1 '^* i_™ i I y t i^w1 «rf*^s_> v_*>— t J * ** * * *"*"' ' *^ ix^ ^ fa ^^ ^^> W t ( ^» •>-r <• <t t^r|^i Wtv* 1 "^ t i »*-> - The parking lot layout and design are shown on Figure 38 on page 125 and the parking lot geometries are illustrated in Figure 39 on page 126. These Figures are intended to show that it is feasible to design a parking layout to accommodate the required parking on the LEGO site. It is not intended to be a final design. The actual design may vary subject to the review of the Site Development Plan. The final parking lot layout shall be subject to City approval at the time of Site Development Plan review. Directed parking may be necessary during certain peak season days. A requirement for directed parking would be based on the final design of the parking lot and determined if necessary at the time of the Site Development Plan review. f. Circulation Plan The Circulation Plan is shown in ''"Figure 40 on page 127. The Circulation Plan establishes the roadway network and the basic standards for safe automotive, bicycle and pedestrian movement within the LEGO site and as it relates to the proposed circulation system of the adjacent Carlsbad Ranch Planning Areas. Figure 40 on page 127 of this document illustrates the overall circulation plan for the Carlsbad Ranch Specific Plan. In order to comply with the established performance standard for circulation facilities contained in the Local Facilities Management Plan, Zone 13, the only directional signing allowed on Palomar Airport Road will be a directional sign for west bound vehicles directing them to go north on Armada Drive to LEGO Drive. All directional signage located along the I-5 corridor shall direct visitors to the Cannon Road off ramps. Carlsbad Ranch Specific Plan 1 25 J All promotional material, television and radio advertising, shall direct visitors to access the Park using the 1-5 and Cannon Road interchange. Carlsbad Ranch Specific Plan 126 Visitor traffic will approach the Park heading east on Cannon Road from the 1-5 interchange, then make a right turn at LEGO Drive. A roundabout will be located at the intersection of LEGO Drive and Armada Drive. This roundabout will guide visitors to LEGOLAND Carlsbad. LEGO Drive empties directly into the private driveway leading to the LEGO visitor parking lot. Access to the feysr-employee parking, LEGOLAND Hotel and service areas ©Rly-shall be provided from HJ448fhAratiey-Roa4Tbe Crossings Drive via Palomar Airport Road. Access to charter/school bus parking will be provided through the main LEGOLAND entrance. Drop-off areas for buses are provided along the pedestrian spine that leads from the parking lot into the LEGOLAND park. NCTD bus access shall be provided from The Crossings Drive via Palomar Airport Road. In the event of a chartered bus specifically for LEGOLAND Hotel guests, access will be provided via The Crossings Drive. The service road will be landscaped and screened to prevent public view from Park visitors. Vehicles shall be separated from the Active and Passive Clusters of the Park to avoid pedestrian contact. The service road shall be constructed to meet the City of Carlsbad standards to accommodate emergency vehicles. Pedestrian access is provided through a system of circulation which links a series of Active Clusters. This system provides a main circulation route with opportunity to return to clusters of particular interest. Trail links/connections to adjacent portions of the Carlsbad Ranch will be provided on the southwestern boundary of the park on LEGO Drive, adjacent to Armada Drive and on the eastern boundary of the Park off of Hidei-e-R VaUeyThe Crossings Drive at the entrance to the employee parking or service administration area. g. Operation and Safety LEGO Drive shall comply with the operation and safety standards and criteria as provided in the Standards for Design and Construction of Public Works Improvements in the City of Carlsbad. Lighting shall be provided that will conform with the City lighting standards. The LEGO parking concept allows for the maximization of landscape opportunities, while providing for the required amount of parking in a safe and efficient manner. If it is required that the parking area be lit, it will conform to the City lighting standards. The LEGO parking lot will be loaded Carlsbad Ranch Specific Plan 1 30 vi. Parking lot lighting shall be designed in conformance with City standards. vii. Lighting should provide a safe and desirable level of illumination for both pedestrians ^and motorists without intruding into adjacent areas. viii. Project signage should be illuminated on the sign face only, in such a way as to minimize light overflow. ix. Search lights and lasers directed towards the sky should not be permitted. 3. DESIGN GUIDELINES 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. The purpose of the following section is to provide sufficient design guidelines and descriptive text to give the City an idea of the appearance and feeling of LEGOLAND Carlsbad when it is developed. The exact details of LEGOLAND Carlsbad will be provided when the Site Development Plan is processed for this area. LEGOLAND Park a. General Building Orientation LEGOLAND Carlsbad Building Orientation The LEGOLAND Carlsbad entrance structures will be oriented toward the guest parking area. Other Park buildings and structures will be oriented, in general, toward a main pedestrian pathway system linking the various Activity Clusters. Entrance to the various buildings and structures should in general be from the main pathway system. Secondary entrances and service entrances will be from a secondary pathway system and the outer ring service road surrounding the Inner Park. Buildings and structures should be of various masses and orientation in a "village/town landscape" arrangement. Provisions for comfortable service and emergency vehicular access will be established park-wide and will link up with the service and emergency road system. Carlsbad Ranch Specific Plan 135 Service and Administration Building Orientation LEGO service buildings shall be architecturally compatible with the administration building. Primary service building entrances shall be oriented to the access road area. Secondary building entrances will in general be oriented toward the Family Park. Building mass should be parallel or on axis with the access road. Provisions for comfortable pedestrian as well as vehicular linkages between the Park, access road, staff car parking and the service administration building shall be provided. b. Access LEGOLAND Carlsbad Buildings The main entrance for guests to LEGOLAND Carlsbad will be from the guest car parking via guest "car park islands" to an entrance plaza in front of the entrance structure, lii connection with the entrance plaza, disabled parking, charter/school bus and taxi drop-off will be established. NCTD bus access is provided via The Crossings Drive. From the main entrance, a main pedestrian pathway will lead through the various Active and Passive Clusters. Access to the various attractions will be from the main pathway system as well as a secondary pathway system in each individual cluster. Entrance facilities to each individual attraction will include various setbacks and/or queuing facilities to secure sufficient flow on pathway systems. Pathway systems and access to attractions will satisfy all applicable requirements for disabled accessibility. A service road system will be established within the Outer Park area for easy accessibility for service vehicles to the various main facilities in-the Park. An emergency and fire engine corridor system will be established acceptable to the Carlsbad Fire Department. Service and Administration Buildings Main access to the administration building and service building area will be from the secondary access road via Hiddefi—Va4tey—ReadThe Crossings Drive off Palomar Airport Road. Secondary access to administration and service buildings, including service gates to the service building, will be from a service yard between the administration and service building. A combined staff service road and pathway will connect the service yard with the service road around the Park. The service area will be screened from the surroundings by planting. Carlsbad Ranch Specific Plan 136 Windows Windows may commonly appear recessed on general buildings. Detail treatments include the use of architectural accents. Shutters will be common where suitable. A variety of styles and sizes will typically be used together to form a random pattern. Balconies & Verandas Balconies and verandas will be used as strong ornamental elements, in order to add interest to the elevation and shade to the buildings and outdoor areas. Public Spaces Shaded areas will be established park-wide through the use of pergola structures, etc. A warm, relaxed atmosphere will be created to enhance the guest's comfort. d. Potential Building Materials Building materials utilized in the LEGOLAND Carlsbad buildings shall incorporate or be generally compatible with a theme architectural vocabulary and shall use durable, high quality building and roofing materials. The Inner Park will include a variety of architectural themes, which will delineate different activity areas of the Park. Exterior wall and roof colors shall be carefully selected. Stucco with accent materials are preferred. Roof colors shall be low intensity colors, which blend with the environmental setting of the project. e. Citvwide Trail Segment Trails within Planning Area 4 shall be designed to link into the Citywide Trail System along Hidden Valley Drive. Trail Segment 28 of the Citywide Trail System may be located on the east side of Hidden Valiev RoadThe Crossings Drive if that area is developed as a public golf course by the City of Carlsbad and its relocation is approved by the City. LEGOLAND Hotel a. General Building Orientation The hotel will be set in an articulated form to help create an entrance plaza for the Park on the North side. Carlsbad Ranch Specific Plan 138 The service area will orient to the existing Park service area to the East of admissions. This area links to the outer ring service road. At the option of LEGOLAND. the hotel construction may be phased. A phasing concept will be provided and reviewed through the site development plan process. b. Access Guests Guests arriving by car will access the hotel through the main LEGOLAND entrance or via The Crossings Drive. Upon arrival, guests will be directed to the hotel entrance plaza where there will be a covered area for drop-off from cars and taxis. Parking for disabled people will be provided close to the entrance and there will be dedicated parking for other hotel quests. NCTD bus access will be provided via The Crossings and drop-off quests at the east end of the hotel. Service Area This will be accessed (as is the LEGOLAND administration building and service building area) from the secondary access road via The Crossings Drive off Palomar Airport Road. A combined staff service road and pathway will connect the service yard with the service road around the Park. The service area will be screened from the surroundings by planting. c. General Architectural Character Architectural features, such as well articulated and varied facades, roofs and courtyard plaza elements that provide building articulation, diversity and pedestrian amenity will be provided. Variations in design are anticipated-and will incorporate some of the features described below. Building Form The LEGOLAND hotel will be articulated both in plan and section to reduce the appearance of bulk and to create an interesting building silhouette. The typical facade will incorporate some fantasy features to reinforce the LEGOLAND brand and these will be most intense at the entrance to the hotel. Carlsbad Ranch Specific Plan 139 Roofs Roofs wiil be Sow pitch or flat. Roof materials will be of suitable roof sheet material or tiles. Roof planes will be varied for visual interest and to achieve intimate scaie. Entrances Entrances to the hotel and public areas wiil be recessed and covered. They will becompatiblewith, the theme and character of the building. Materials may include rendered facades and tiles. Windows i he design of windows will follow thejhemes mentjoned above. Balconies Balconies and french balconies may be used as strong ornamenta! elements, in order to add interest to the building and outdoor areas. PubJic Spaces Public space may be established through the creation of a plaza at the connection..of. the hotel and LEGOLANP Park. A warm, relaxed atmosphere wiil enhance the guest's comfort. d. Potential BuildingMaterials Building materials utilized in the LEGOLAND Hotel wiil incorporate or be generally compatible with a theme architectural vocabulary and shall use durable, quality building and roofing materials. Exterior wall and roof colors will be carefully selected. Stucco with accent materials will be preferred. Roof _ colors will blend, with the environmental setting of the project Carlsbad Ranch Specific Plan 140 A 1.5 MG steel tank reservoir located adjacent to the east boundary of the specific plan. Two pressure reducing stations, one at the 1.5 MG steel tank, and the other at the intersection of Palomar Airport Road and Armada Drive. A16-inch and 12-inch pipeline from the 1.5 MG steel tank aligned southwesterly to Palomar Airport Road. A 10-inch pipeline in Palomar Airport Road from Armada Drive to Paseo Del Norte. A 12-inch pipeline in Paseo Del Norte and Car Country Drive. The existing water facilities for the 375 Pressure Zone include: One 8.5 MG steel tank reservoir (now under construction to replace 1.25 MG). A 16-inch pipeline in Palomar Airport Road. A 16-inch pipeline form the existing 1.5 MG reservoir to Palomar Airport Road. Removal of the existing 12-inch and 16-inch transmissions lines. The existing water facilities are shown on Figure 57 on page 183. To provide adequate water service, the following facilities are required in the 375 Pressure Zone only: A 16-inch pipeline in M444efs-Valte¥-RsadThe Crossings Drive extending from Camino de Los Ondas north to the vicinity of the existing 1.5 MG reservoir. This will enable the fire flow to be provided to the area from the 8.5 MG reservoir now under construction. A 12-inch pipeline extending in on easement across Parcel 11 from Hio4&FAfel4ey •Rea4The Crossings Drive to Cannon Road. A 16-inch pipeline in Armada Drive from Palomar Airport Road to Cannon Road. A 10-inch pipeline in LEGO Drive. A minimum 8-inch pipeline in "D" Street. Carlsbad Ranch Specific Plan 184 C. RECLAIMED WATER On March 21,1989 the City of Carlsbad adopted an interim Reclaimed Water Use Policy for new land development projects. The policy specified that all new development shall use reclaimed water when reasonably available and that the installation of dual irrigation systems may be required subject to the terms of the Water Reclamation Master Plan. The Carlsbad Municipal Water District operates and maintains two reclaimed water pipelines in the specific plan area. There is an existing 8-inch pipelindin Palomar Airport | Road. Another 8-inch pipeline is in J4id4ss-Valtey Rca4The Crossings Drive extending from Palomar Airport Road north to the vicinity of an existing 1.5 MG steel tank. The water pressure in these pipelines is the same as the 375 Pressure Zone for domestic water. However, it is noted that the pipeline in H&4en Valtey-Roa^The Crossings Drive may need to be relocated based on proposed site grading plans. To utilize the reclaimed water supply will require the following: A 12-inch pipeline in HJ44efi-VaUey-Rea4The Crossings Drive and an easement from Palomar Airport Road to Cannon Road. (There is an existing temporary 8-inch water line in Hidden VaUey-Re-a4The Crossings Drive from Palomar Airport Road to the reservoir.) A 20-inch pipeline in Cannon Road from Car Country Drive to the proposed 12-inch pipeline'described above. An 8-inch pipeline in Armada Drive from Palomar Airport Road to Cannon Road (Carlsbad Ranch Unit No. 1 has been designed and approved as a part of CT 92-07 on December 23, 1993.) An 8-inch pipeline in LEGO Drive. An 8-inch pipeline in Paseo Del Norte from Palomar Airport Road to Car Country Drive. There also exists a 16" line located within and south of Palomar Airport Road belonging to the Vallecitos Water District. The City of Carlsbad has the rights to use reclaimed water from that line. That line has the capacity of two million gallons per day. As long as there is a surplus of reclaimed water available, development within this project could use this pipeline as a source of reclaimed water. Carlsbad Ranch Specific Plan 188 g. Lego Drive/Cannon Road - Install traffic signal. Provide two left-turn lanes and an exclusive right-turn lane in the northbound direction; two through lanes and an exclusive right-turn lane in the eastbound direction; and two left-turn lanes and two through lanes in the westbound direction. Estimated Cost - $5,000 (signal cost included in LEGO Drive/Armada Drive cost estimate) Timing: * Prior to recordation of a final map, issuance of a grading or building permit, whichever occurs first for any project within subarea TR-1, TR- 2, TR-3, O/PI-1 or O/PI-2 of Zone 13, if the City Engineer determines that this improvement is necessary to maintain the Growth Management Circulation Performance Standard, the developer of that subarea shall financially guarantee its construction as set forth in the Finance section of the Zone 13 LFMP. h. Armada Drive/Palomar Airport Road - Install traffic signal modifications as necessary. Restripe the northbound approach for two left-turn lanes and a shared through/right-turn lane. In the southbound direction, provide two left-turn lanes, one shared through/right-turn lane, and an exclusive right-turn lane. Also, add an eastbound left-turn lane and a westbound exclusive right-turn lane. Estimated Cost: $205,000 Timing: Prior to reeordation of a final map, issuance of a grading or building permit, whichever occurs first for 'any project within subarea O/PI-2, TR-3 or TR/C of Zone 13, if the City%Engineer determines that this improvement is necessary to maintain the Growth Management Circulation Performance Standard, the developer of that subarea shall financially guarantee its construction as set forth in the Finance section of the Zone 13 LFMP. i. H&defl-VaUey-Roa4The Crossings Drive/Palomar Airport Road - Construction of intersection to include two through lanes, one shared right/through lane and one left turn lane in the eastbound and westbound directions. Provide one shared southbound left/right/through lane. Provide a shared right-turn/through land and one left-turn lane in the northbound direction. Carlsbad Ranch Specific Plan 197 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) 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 LEGOLAND theme park visitor parking, LEGOLAND hotel and hotel guest 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 (CDP 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. 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 I Carlsbad Ranch Specific Plan 206 "'0 1 PLANNING COMMISSION RESOLUTION NO. 6526 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 ADD HOTEL AND ACCESSORY USES TO PLANNING AREA 4 OF THE CARLSBAD RANCH 7 SPECIFIC PLAN AND TO REVISE THE PARKING RATE FOR LEGOLAND AND GYMS WITHIN THE CARLSBAD RANCH 8 SPECIFIC PLAN ON PROPERTY GENERALLY LOCATED NORTH OF PALOMAR AIRPORT ROAD, SOUTH OF CANNON ROAD, EAST OF PASEO DEL NORTE AND WEST !0 OF THE CROSSINGS DRIVE IN THE MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM AND IN LOCAL 11 FACILITIES MANAGEMENT ZONE 13. CASE NAME: LEGOLAND HOTEL CALIFORNIA 12 CASE NO: LCPA 08-01 WHEREAS, Merlin Entertainments Group US Holdings, Inc., 14 "Developer/Owner," has filed a verified application with the City of Carlsbad regarding property 15 described as16 17 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 18 Diego, State of California, according to map thereof No. 13408, recorded in the Office of the County Recorder of San Diego 19 County on April 1,1997 ?0 ("the Property"); and 21 WHEREAS, said verified application constitutes a request for a Local Coastal 22 Program Amendment as shown on Exhibit "LCPA 08-01" dated January 21, 2009, attached to 24 Planning Commission Resolution No. 6525, as provided in Public Resources Code Section 25 30574 and Article 15 of Subchapter 8, Chapter 2, Division 5.5 of Title 14 of the California Code 26 of Regulations of the California Coastal Commission Administrative Regulations; and 27 WHEREAS, the Planning Commission did on January 21, 2009, hold a duly 28 noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony 2 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 3 relating to the Local Coastal Program Amendment; and 4 ,. WHEREAS, State Coastal Guidelines requires a six-week public review period 5 for any amendment to the Local Coastal Program. 7 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning o Commission of the City of Carlsbad, as follows: 9 A) That the foregoing recitations are true and correct. 10 B) At the end of the State-mandated six-week review period, starting on October 10, 2008 and ending on November 21, 2008, staff shall present to the City Council a summary of the comments received. 13 C) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of LEGOLAND HOTEL CALIFORNIA- 14 LCPA 08-01 based on the following findings, and subject to the following conditions: 15 T ,- Findings:ID "*- 17 1. That the proposed Local Coastal Program Amendment meets the requirements of, and is in conformity with, the policies of Chapter 3 of the Coastal Act and all applicable policies 18 of the Mello II segment of the Carlsbad Local Coastal Program not being amended by this amendment, in that the project is in compliance with the Mello II Land Use Policies that are applicable to this site including: Policy 1-1 Allowable Land Uses, Policy 2-2 Carlsbad Ranch Specific Plan "Mixed-Uses" Development, Policy 6-5 Hotel-Motel rooms, Policy 7-10 Parking and Policy 8-5 Signage. The proposed 21 amendment is consistent with Policy 1-1, allowable land uses, since the proposed addition of a hotel and hotel accessory uses are uses to be included within the 22 specific list of allowed uses in the Specific Plan and that the hotel 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 agricultural uses as the proposed uses are 25 within the previously developed Legoland Outer Park. Policy 6-5 addresses the need for additional hotel-motel rooms and visitor-serving commercial uses within 26 the coastal zone. One of the suggested locations is near 1-5 and Palomar Airport Road and the proposed hotel use is located near this intersection. The Legoland theme park is also adding retail and restaurant uses which are visitor serving 2g facilities. Policy 7-10 addresses parking standards set forth in the Carlsbad Municipal Code. The parking generation rate for the theme park was established within the Carlsbad Ranch Specific Plan. The project proposes and has submitted PC RESO NO. 6526 -2- ~~Y]I /--" adequate justification to reduce the generation rate from 94.2 to 80.08 parking 2 spaces per acre of active theme park use based on historic park visitor information. The change to the gym parking rate was previously approved by LCPA 03-10 and is 3 being reflected in the Specific Plan. The proposed amendments would not affect Policy 8-5, since no modifications are proposed to the existing Sign Program. The project site does not provide or obstruct public views of the coast or provide coastal access as it is located a mile from the coastline. 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 7 Carlsbad Ranch Specific Plan. 8 Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to building permit or grading permit issuance, whichever occurs first. 11 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 12 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 14 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 15 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. 17 This approval is granted subject to the approval of SP 207(H) and is subject to all 18 conditions contained in Planning Commission Resolution No. 6525 for the other approval incorporated herein by reference. 19 3. Developer shall implement, or cause the implementation of, the LEGOLAND HOTEL 20 CALIFORNIA - SP 207(H) Project Mitigation Monitoring and Reporting Program. 21 " 22 23 24 25 26 27 28 PCRESONO. 6526 -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED, AND ADOPTED at a regular meeting to the Planning Commission of the City of Carlsbad, held on January 21,2009, by the following vote, to wit: AYES: NOES: Commissioners Baker, Cardosa, Douglas, Whitton, and Chairperson Montgomery ABSENT: Commissioners Boddy and Dominguez ABSTAIN: MARTELL B. MONTG^IERY, CARLSBAD PLANNING COMMf ATTEST: >erson ION DON NEU Planning Director PC RESO NO. 6526 -4- EXHIBIT 5 The City of Carlsbad Planning Department A REPORT TO THE PLANNING COMMISSION Item No. P.C. AGENDA OF: January 21, 2009 Application complete date: N/A Project Planner: Van Lynch Project Engineer: Frank Jimeno SUBJECT: SP 207(H)/LCPA 08-01 - LEGOLAND HOTEL CALIFORNIA - Request for a recommendation of adoption of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program; a recommendation of approval for a Specific Plan Amendment and a Local Coastal Program Amendment to add hotel and accessory uses to Planning Area 4, Legoland, of the Carlsbad Ranch Specific Plan, revise the parking rate for Legoland and gyms within the Carlsbad Ranch Specific Plan, and change the street name from Hidden Valley Road to the Crossings Drive 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 Resolution No. 6524 RECOMMENDING ADOPTION of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and ADOPT Planning Commission Resolutions No. 6525 and 6526, RECOMMENDING APPROVAL of Specific Plan Amendment 207(H) and Local Coastal Program Amendment 08-01 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 hotel and accessory uses within Planning Area 4, Legoland, to revise the parking rate for theme parks and gyms, and to change the street name from Hidden Valley road to The Crossings Drive within the Specific Plan. Legoland anticipates the development of a 250 room hotel within the parking lot of the Legoland theme park. All necessary findings to approve this proposal can be made. III. PROJECT DESCRIPTION AND BACKGROUND The Legoland theme park is located within Planning Area 4 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: amend Planning Area 4 to allow hotel and accessory uses to hotels, add design criteria for the hotel use, modify the parking standards for the theme park and gyms within the Specific Plan, and reflect the previous street name change of Hidden Valley Road to The Crossings Drive. The hotel site is proposed to be located in the outer park area presently used as visitor, bus and RV parking. SP 207(H)/LCPA 08-01 - LEGOLAND HOTEL CALIFORNIA January 21,2009 Page 2 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. The application also proposes to modify the parking rates for theme parks and gyms in the Specific Plan. Carlsbad originally did not have a parking rate for theme parks and one was proposed for Legoland based on other theme parks. Since Legoland has been in operation, the parking demand has been better defined based on actual peak park parking needs. The proposed reduction from 94.2 parking spaces per acre of active theme park to 80.08 is further discussed in the analysis section of this report. The parking rate for gyms when the Specific Plan was originally approved was 1 parking space per 35 square feet of floor area. Since the adoption of the Specific Plan, the City processed a Zone Code Amendment (ZCA 03-03) to change the parking rate to 1 space per 200 square feet of gross floor area. The amendment is to make the Specific Plan consistent with the 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 Amendment will add hotel and accessory hotel uses to the allowed uses within Planning Area 4 of the Specific Plan as well as design guidelines for the hotel. Legoland anticipates the future addition of a 250 room hotel and accessory hotel uses for the theme park. Accessory to the hotel would be retail sales, restaurant, staged entertainment, bar and nightclub, outdoor pool and water play features. The hotel would be located southerly of the pedestrian entry plaza. The hotel would incorporate Lego themed figures at the hotel entry, pedestrian park entrance way and on the ends of the hotel. The hotel would also incorporate architectural treatments using Lego themed materials. The hotel project will require the subsequent processing of a Site Development Plan and Coastal Development Permit. The proposed 45 foot tall hotel will require approval by City Council after a recommendation is made by the Planning Commission pursuant to the requirements of the Specific Plan. Access to the hotel will primarily be from the main park entrance. Guests staying at the hotel will be directed to the hotel entry, then on to a separate 308 space parking lot which serves the hotel. A gate controlled entry from The Crossings Drive will only allow entry of registered hotel guests, charter bus service to the hotel, and North County Transit to access the bus stop. The gate is located beyond the employee parking and service entrances so that employee and service access is unimpeded. The entire Legoland park area is roughly 128 acres in size. Planning Area Five of the Carlsbad Ranch Specific Plan, which is currently vacant and designated as Open Space, is located adjacent to the north, a resort/timeshare which is under construction is located to the east, and the Legoland Drive main entrance with Planned Industrial uses beyond are located to the west. 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. Most recently, the Specific Plan was amended to allow for the Legoland Inner park overnight stay program and modifications for the widening and turn lane for Palomar Airport Road. SP 207(H)/LCPA 08-01 - LEGOLAND HOTEL CALIFORNIA January 21,2009 PaRe3 IV. ANALYSIS The proposed project is subject to the following plans, ordinances and standards as analyzed within the following section of this staff report: 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; and 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 4 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. Such uses may include hotels, motels, restaurants, and recreation facilities and are intended to be located near major transportation corridors or recreational and resort areas. The Carlsbad Ranch Specific Plan limits the amount of development within the Legoland theme park. The proposed Specific Plan Amendment proposes to add hotel and associated hotel uses as allowed uses within the Legoland theme park. Hotel and accessory restaurant and retail uses to hotels are appropriate in the location proposed as they will serve the Legoland theme park and are accessible from major circulation element roadways (Cannon Road and Palomar Airport-Road). 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 permitted uses and 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 Amendment will add hotel and accessory hotel uses (restaurants, retail, staged entertainment, and nightclub) to the allowed uses within Planning Area 4 of the Specific Plan as well as design guidelines for the hotel. These uses are compatible with the existing tourist serving commercial uses (Legoland theme park) within Planning Area 4 and are also uses that are permitted by the Tourist Commercial zone. SP 207(H)/LCPA 08-01 - LEGOLAND HOTEL CALIFORNIA January 21,2009 Page 4 C. Specific Plan Amendment 207(H) The applicant is requesting amendments to the Carlsbad Ranch Specific Plan to add hotel and accessory hotel uses to Planning Area 4 and, more specifically, the Legoland Outer Park area. The proposed list of accessory uses includes: Retail, Restaurants (not including drive-up or drive-in services), Health and Fitness Clubs, Staged Entertainment, Recreational facilities for water play, Rental car agency, Childcare facilities, Personal service (barbers, beauty shops, etc.), Bars and Nightclubs, Art Galleries/Museums, and Administrative and Business Offices. The Specific Plan text would also be modified to add specific development and design guidelines which augment the general development standards for the hotel. The Specific Plan already states that any development within the Outer Park requires the processing of a Site Development Plan. As part of the hotel project, the applicant is requesting approval of an amendment to the Specific Plan to allow limited access to the park (hotel) via The Crossings Drive and Palomar Airport Road. The Specific Plan presently states that park guests will use Lego Drive via Cannon Road. The project anticipates having all park guests, including new hotel guests, enter via Lego Drive. Once a hotel guest is established, they would be provided optional access via The Crossings Drive. The traffic study identified that the project will add 55 AM peak hour and 77 PM peak hour visitor trips generated via The Crossings Drive to Palomar Airport Road. These additional trips will distribute through the Palomar Airport Road and Paseo del Norte intersection, which has been identified as impacted. Mitigation in the form of a new right turn lane from eastbound Palomar Airport Road onto southbound Paseo Del Norte would increase the service level of the intersection to an acceptable level. The dedication for the turn lane was previously secured with the development of the Islands Restaurant project. The project has been conditioned to pay its proportionate share of the turn lane improvements. The project also includes a revised parking standard for the Legoland theme park. The original project created a new parking generation rate as one did not previously exist within Title 21 for theme parks. The original parking estimate for the park was 94.2 parking spaces per acre of development. In 2007 the park had a peak vehicle attendance of 3,123 vehicles. Given the 39 acres of park development, the overall parking demand is therefore only 80.08 vehicles per acre of park development (3,123/39 = 80.08). With the addition of a-hotel and accessory hotel uses, the potential overall peak parking demand would be 4,168 parking spaces. The number of parking spaces that would be available is 4,960 parking spaces. The remaining excess parking spaces are overflow and may also be utilized during the build out of the theme park with future uses in the expansion area. In general, the Carlsbad Ranch Specific Plan contains a parking rate for gyms which is one space per 35 square feet. In 2004, the City approved a citywide zone code amendment (ZCA 03-03) to change the parking rate of gyms and health spas to one space per 200 square feet of gross floor area. The proposed amendment is to make the specific plan consistent with the Zoning ordinance to include the 1/200 parking rate for gyms. The Specific Plan Amendment also includes an update to change the project access street name from Hidden Valley Road to the Crossings Drive to reflect the previously approved street name change (SNC 07-01). SP 207(H)/LCPA 08-01 - LEGOLAND HOTEL CALIFORNIA January 21,2009 Page 5 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 is consistent with 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 in that the site is a previously developed parking lot. The project site does not provide or obstruct public views of the coast or provide coastal access as it is located a mile from the coastline. 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 6-5 Hotel-Motel rooms, Policy 7-10 Parking and Policy 8-5 Signage. The proposed amendment is consistent with Policy 1-1, allowable land uses, since the proposed addition of a hotel and hotel accessory uses are uses to be included within the specific list of allowed uses in the Specific Plan and that the hotel 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 agricultural uses as the proposed uses are within the previously developed Legoland Outer Park. Policy 6-5 addresses the need for additional hotel-motel rooms and visitor-serving commercial uses within the coastal zone. One of the suggested locations is near 1-5 and Palomar Airport Road and the proposed hotel use is located near this intersection. The Legoland theme park is also adding retail and restaurant uses which are visitor serving facilities. Policy 7-10 addresses parking standards set forth in the Carlsbad Municipal Code. The parking generation rate for the theme park was established within the Carlsbad Ranch Specific Plan. The project proposes and has submitted adequate justification to reduce the generation rate from 94.2 to 80.08 parking spaces per acre of active theme park use based on historic park visitor information. The change to the gym parking rate was previously approved by LCP A 03-10 and is being reflected in the Specific Plan. 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 (October 10, 2008 to November 21, 2008) was provided for the project. No comments were received. E. Comprehensive Land Use Plan for McClellan-Palomar Airport The project site is located approximately one mile westerly of the airport and is within the Airport Influence Area for McClellan-Palomar Airport. The Airport Land Use Compatibility Plan, McClellan-Palomar Airport (ALUCP) identifies that exterior noise levels up to 68 CNEL would occur at the site. Exterior noise at this level is determined to be acceptable by the ALUCP for the proposed hotel land use. The ALUCP indentifies that the interior noise levels would need to be attenuated to 45 CNEL for the hotel use and 50 CNEL for the restaurant and retail uses. 'ft SP 207(H)/LCPA 08-01 - LEGOLAND HOTEL CALIFORNIA January 21,2009 Page 6 Mitigation measures have been conditioned for the proposed land use to require interior noise level compliance prior to building permit issuance. Previous project approvals have required, and the developer has recorded, a "Notice Concerning Aircraft Environmental Impacts." The Carlsbad Ranch Specific Plan EIR identified that the Legoland entertainment use as a compatible use with the airport. F. Growth Management Ordinance The proposed project is located within Local Facilities Management Zone 13. The proposed Specific Plan Amendment modifications which anticipate a 250 unit hotel and accessory hotel uses, parking standard changes, and access from The Crossings Drive (via Palomar Airport Road) do not impact public facilities, with the exception of traffic impacts which have been identified and mitigated through the funding of intersection improvements. V. ENVIRONMENTAL REVIEW Staff conducted an environmental impact assessment to determine if the project could have a potentially significant effect on the environment pursuant to CEQA Guidelines and the Environmental Protection Ordinance (Title 19) of the Carlsbad Municipal Code. Potentially significant cultural resources, geology, noise and traffic impacts were identified. The developer has agreed to mitigation measures to reduce the identified impacts to below a level of significance in accordance with CEQA. In consideration of the foregoing, the Planning Director issued a Notice of Intent to Adopt a Mitigated Negative Declaration for the project on December 5, 2008 which was publicly noticed for 30 days. ATTACHMENTS: 1. Planning Commission Resolution No. 6524 (SP 207(H) EIA) 2. Planning Commission Resolution No. 6525 (SP 207(H)) 3. Planning Commission Resolution No. 6526 (LCPA 08-01) 4. Location Map 5. Background Data Sheet 6. Local Facilities Impact Assessment Form 7. Disclosure Statement SITE MAP NOT TO SCALE Legoland Hotel Carlsbad SP 207(H) / LCPA 08-01 / SDP 96-14(C) / CDP 96-16(0) BACKGROUND DATA SHEET CASE NO: SP 207CHVLCPA 08-01/SDP 96-14(CVCDP 96-16(C) CASE NAME: LEGOLAND HOTEL CALIFORNIA APPLICANT: Merlin Entertainment Group US Holdings REQUEST AND LOCATION: A Specific Plan Amendment and a Local Coastal Program Amendment to add hotel and accessory uses to Planning Area 4, Legoland, of the Carlsbad Ranch Specific Plan and to revise the parking rate for Legoland and gyms within the Carlsbad Ranch Specific Plan 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. LEGAL DESCRIPTION: Lots 18 and 19 of Carlsbad Tract Map 94-09 Units 2 and 3, in the City of Carlsbad, County of San Diego. State of California, according to map thereof no. 13408, filed in the Office of the County Recorder of San Diego, April 1, 1997 as file number 1997 147754. APN: 211-100-09 and 11 Acres: 128.32 Proposed No. of Lots/Units: N/A GENERAL PLAN AND ZONING Existing Land Use Designation: Travel/Recreation Commercial (T-R) Proposed Land Use Designation: Same Density Allowed: N/A Density Proposed: N/A Existing Zone: Commercial Tourist-Qualified Overlay Zone (C-T-Q~) Proposed Zone: Same Surrounding Zoning, General Plan and Land Use: Zoning General Plan Current Land Use Site C-T-Q T-R Parking lot North C-T-Q/O-S T-R/OS . Resort Hotel/Open Space South O-S OS Open Space East Planned Industrial Planned Industrial Golf Course West O-Q/P-M-Q Office/Planned Office Industrial LOCAL COASTAL PROGRAM Coastal Zone: [X] Yes | | No Local Coastal Program Segment: Mello II Within Appeal Jurisdiction: | | Yes 1X1 No Coastal Development Permit: [X] Yes I I No Local Coastal Program Amendment: [Xl Yes [~] No (Implementing Ordinance) Existing LCP Land Use Designation: T-R Proposed LCP Land Use Designation: Same Existing LCP Zone: C-T-Q Proposed LCP Zone: Same PUBLIC FACILITIES School District: Carlsbad Water District: Carlsbad Sewer District: Carlsbad Equivalent Dwelling Units (Sewer Capacity): 250 ENVIRONMENTAL IMPACT ASSESSMENT Categorical Exemption, Negative Declaration, issued December 5, 2008 Certified Environmental Impact Report, dated. Other, Revised 01/06 CITY OF CARLSBAD GROWTH MANAGEMENT PROGRAM LOCAL FACILITIES IMPACTS ASSESSMENT FORM (To be Submitted with Development Application) PROJECT IDENTITY AND IMPACT ASSESSMENT: FILE NAME AND NO: LEGOLAND HOTEL CALIFORNIA - SP 207(HYLCPA 08-01/SDP 96-14(C)/CDP96-16(C) LOCAL FACILITY MANAGEMENT ZONE: 13 GENERAL PLAN:Travel/Recreation Commercial ZONING: Commercial Tourist - Qualified Overlay Zone DEVELOPER'S NAME: Merlin Entertainment Group US Holdings ADDRESS: 1 Legoland Drive, Carlsbad, CA 92008 PHONE NO.: (760) 918-5401 ASSESSOR'S PARCEL NO.: 213-100-09 and QUANTITY OF LAND USE/DEVELOPMENT (AC., SO. FT., DU): 171,796 ESTIMATED COMPLETION DATE: 2010 11 sqft N/A 250 edu N/A A. City Administrative Facilities: Demand in Square Footage = N/A B. Library: Demand in Square Footage C. Wastewater Treatment Capacity (Calculate with J. Sewer) D. Park: Demand in Acreage = E. Drainage: Demand in CFS = Identify Drainage Basin = (Identify master plan facilities on site plan) F. Circulation: Demand in ADT - G. Fire: Served by Fire Station No. = H. Open Space: Acreage Provided =? I. Schools: J. Sewer: Demands in EDU Identify Sub Basin = K. Water: Demand in GPD = .7 cfs (net increase) 13B 1.800 = 4 0 (No change) N/A 250 EDU Buena/Vallecitos 55,000 City of Carlsbad Planning Department DISCLOSURE STATEMENT Applicant's statement or disclosure of certain ownership interests on a!l 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. Agenfs*'''mayViignrtilis;^ be f lloy^lEiMit^ ••• -. v- .= "• :"'v ;/V-: 1. 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% bf 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 NA Corp/Part Hofman Planning. & Engineering Title Title Applicant Address Address 31 52^ Li_o.n_5head Ave Carlsbad, CA 92010 2. 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 NA' Corp/Part Merlin Entertainment Gro Title Title US Holdings, INC (OWNER) Address Address 1 Legoland Dr. Carlsbad, CA 92008 President - John Jakobsen Director - Andrew Carr Secretary - Brian Shaw 1635 Faraday Avenue • Carlsbad, CA 92003-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.cartsbad.ca.us 3. NON-PROFIT ORGANIZATION OR TRUST jf 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 NA Mon Profit/Trust Title Title Address Address 4. Have you had more than $500 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? J Yes IXI 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. Signature^fpvvrfef/date^' Signature of applicant/date Brian Shaw UtktJJj M\W^> , Print or type name of owner Print or type name of applicant J Signature of owner/applicant's agent if applicable/date Print or type name of owner/applicant's agent H:ADMiN\COUNTER\DtSCLOSURE STATEMENT 12/08 . Page 2 of 2 EXHIBIT 6 Planning Commission Minutes January 21,2009 Page 2 PLANNING COMMISSION PUBLIC HEARING Chairperson Montgomery asked Mr. Neu to introduce the first item. 1. SP 207(H)/LCPA 08-01 - LEGOLAND HOTEL CALIFORNIA - Request for a recommendation of adoption of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program; a recommendation of approval for a Specific Plan Amendment and a Local Coastal Program Amendment to add hotel and accessory uses to Planning Area 4, Legoland, of the Carlsbad Ranch Specific Plan, revise the parking rate for Legoland and gyms within the Carlsbad Ranch Specific Plan, and change the street name from Hidden Valley Road to the Crossings Drive 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 Agenda Item 1 and stated Senior Planner Van Lynch would make the staff presentation. Chairperson Montgomery opened the public hearing on Item 1. Mr. Lynch gave a brief presentation and stated he would be available to answer any questions. Chairperson Montgomery asked if there were any questions of Staff. Commissioner Baker inquired where the exact location of the hotel will be. Mr. Lynch stated the building is proposed to be just easterly of the entrance to the park where the existing RV/Bus parking area is currently located. Chairperson Montgomery asked about the parking requirements with regards to the future buildout of the site and the potential for a waterpark feature. Mr. Lynch stated that a portion of the expansion area will be for the overnight stay area which will be a low-impact use. The parking generation is based on the total vehicle count for the day. In regards to further intensification of the use, Mr. Lynch deferred to the applicant. Commissioner Douglas asked how staff figured the traffic impacts for the added traffic to Palomar Airport Road. Mr. Lynch deferred to the Traffic Engineer. Chairperson Montgomery asked if the applicant wished to make a presentation. John Jacobsen, managing director of Legoland Park, gave a brief presentation and stated he would be available to answer any questions. Chairperson Montgomery asked if there were any questions of the applicant. Commissioner Douglas inquired when the park will be buildout. Mr. Jacobsen stated there is no specific date and estimated it could be more than 10 years. Commissioner Douglas asked Mr. Jacobsen if he believes the hotel will increase the number of visitors to the park. Mr. Jacobsen stated yes. Chairperson Montgomery asked if there were any further questions of the applicant. Seeing none, he asked staff to respond to the issue regarding the traffic impacts. Doug Bilse, Traffic Systems Engineer, stated the larger number reflects the total trips for the hotel and the smaller number reflects the trips for Palomar Airport Road. Chairperson Montgomery asked if there were any members of the audience who wished to speak on the item. Seeing none, he opened and closed public testimony. Planning Commission Minutes January 21,2009 Page 3 DISCUSSION Commissioner Whitton commended the applicant on the project. Commissioner Baker stated the hotel is a great idea and can fully support the project. Commissioner Cardosa concurred with his fellow Commissioners. Chairperson Montgomery stated his support of the project. MOTION ACTION: Motion by Commissioner Douglas, and duly seconded, that the Planning Commission adopt Planning Commission Resolution No. 6524 recommending adoption of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and adopt Planning Commission Resolutions No. 6525 and 6526, recommending approval of Specific Plan Amendment 207(H) and Local Coastal Program Amendment 08-01 based on the findings and subject to the conditions contained therein. VOTE: 5-0 AYES: Chairperson Montgomery, Commissioner Baker, Commissioner Cardosa, Commissioner Douglas, and Commissioner Whitton NOES: None ABSENT: Commissioners Boddy and Dominguez ABSTAIN: None Chairperson Whitton closed the public hearing on Item 1 and asked Mr. Neu to introduce the next item. 2. CUP 05-28(A) - BRESSI RANCH SELF-STORAGE FACILITY - Request for a Conditional Use Permit Amendment to modify the previously-approved wall and monument signage allocations to allow the amount of signage that is permitted pursuant to the City of Carlsbad's Sign Ordinance, for an existing self-storage facility located at 2500 Campbell Place, in the P-C zone and within Local Facilities Management Zone 17. Mr. Neu introduced Agenda Item 2 and stated Associate Planner Shannon Werneke would make the staff presentation. Chairperson Montgomery opened the public hearing on Item 2. Ms. Werneke gave a detailed presentation and stated she would be available to answer any questions. Chairperson Montgomery asked if there were any questions of Staff. Seeing none, he asked if the applicant wished to make a presentation. Bret Gossett, 435 S Coronados Avenue, Solana Beach, gave a brief presentation and stated he would be available to answer any questions. Commissioner Baker asked if the applicant was present at the previous hearing when the CUP was first approved, and if he was aware of the sign requirements placed on the project. Mr. Gossett stated yes. Commissioner Baker asked why the required planting and landscaping took so long to be put in place. Mr. Gossett stated the required plantings were completed by the master developer of Bressi Ranch. Commissioner Douglas asked if the same size signs can be placed where the existing signs are located. Mr. Gossett stated the sign relates to the phone number. Mr. Gossett stated that could be an option iuaiua6.ieip ap suas V ®<mS 0AM3AV lueqeB a| ja|ad CURRENT RESIDENT 5215 CAB COUNTRY DR CARLSBAD, CA 92008-4310 CURRENT RESIDENT 5245 CAR COUNTRY DR CARLSBAD, CA 92008-4310 CURRENT RESIDENT 1 LEGOLAND DR CARLSBAD, CA 92008-4610 CURRENT RESIDENT 5790 ARMADA DR CARLSBAD, CA 92008-4608 CURRENT RESIDENT 5770 ARMADA DR CARLSBAD, CA 92008-4608 CURRENT RESIDENT 5805 ARMADA DR CARLSBAD, CA 92008-4609 CURRENT RESIDENT 5801 ARMADA DR CARLSBAD, CA 92008-4609 CURRENT 5803 CA 92008-4609 CURRENT RESIDENT 5345 ARMADA DR CARLSBAD, CA 92008-4602 CURRENT RESIDENT 5345 ARMADA DR CARLSBAD, CA 92008-4602 CURRENT RESIDENT 5740 FLEET ST -5 CARLSBAD, CA 92008-4708 CURRENT -7 », CA 92008-4713 CURRENT RESIDENT 5800 ARMADA DR 102 CARLSBAD, CA 92008-4611 CURRENT RESJ 578C>E*'T" -9 CA 92008-4702 CURRENT RES 800 CA 92011-4443 CURRENT RESIDENT 965 PALOMAR AIRPORTRD CARLSBAD, CA 92011-1110 CURRENT RESIDENT 951 PALOMAR AIRPORTRD CARLSBAD, CA 92011-1110 CURRENT RESIDENT 889 PALOMAR AIRPORTRD CARLSBAD, CA 92011-1109 CURRENT RESIDENT 899 PALOMAR AIRPORTRD CARLSBAD, CA 92011-1109 CURRENT RESIDENT 901 PALOMAR AIRPORTRD CARLSBAD, CA 92011-1110 CURRENT RESIDENT 925 PALOMAR AIRPORTRD CARLSBAD, CA 92011-1110 CURRENT RESIDENT 665 PALOMAR AIRPORTRD CARLSBAD, CA 92011-1024 CURRENT ^^ "-™" AIRPORTRD ?BAD, CA 92011-1027 701 CURRENT RESII 6005 H^jg^%Al;LEY RD ), CA 92011-4222 CURRENT RESIDENT 6010 HIDDEN VALLEY RD CARLSBAD, CA 92011-4213 *** 56 Printed *** | e09is<a>AUaAV |aed Aseg JQJ. uoiiDrmsui eac ®091S 3iV1dW3i ®AiaAV asfl AM3AV-O9-O08-1 uoipnjjsm.p iuauia6jeip ®091S ®AM3AV iueqe6 a) sal-i:>B* CURRENT RES] PASEO JJgpfl^ffi (840-60) CA 92008 CURRENT 5375 A'ENCINAS CA 92008-4362 CURRENT RI^. ™" ENCINAS 3AD, CA 92008-4361 CURRENT RESII 5355 ^__ CA 92008-4323 CURRENT RESIDENT 5315 AVENIDA ENCINAS CARLSBAD, CA 92008-4385 CURRENT RESIDE 5205 A\£EiHP*rtNCINAS -4 CA 92008-4366 CURRENT RESII 5411 AV^rNCINAS -5 92008-4409 CURRENT RESIDE 5973 CA 92008-4476 CURRENT 5600 AifiplBTENCINAS ), CA 92008-4446 CURRENT RESIDENT 5990 AVENIDA ENCINAS CARLSBAD, CA 92008-4405 CURRENT RESIDENT 5850 AVENIDA ENCINAS CARLSBAD, CA 92008-4465 CURRENT RESIDENT 5850 AVENIDA ENCINAS CARLSBAD, CA 92008-4465 CURRENT RESIDENT 5850 AVENIDA ENCINAS CARLSBAD, CA 92008-4465 CURRENT RESIDENT 5980 AVENIDA ENCINAS CARLSBAD, CA 92008-4405 CURRENT RESIDENT 5950 AVENIDA ENCINAS CARLSBAD, CA 92008-4405 CURRENT RESIDENT 5958 AVENIDA ENCINAS CARLSBAD, CA 92008-4405 CURRENT ENCINAS ), CA 92008-4405 CURRENT RESIDENT 5850 AVENIDA ENCINAS CAP.LSBAD, CA 92008-4465 CURRENT RESIDENT 5625 PASEO DEL NORTE CARLSBAD, CA 92008-4434 CURRENT RESIDENT 5702 PASEO DEL NORTE CARLSBAD, CA 92008-4435 CURRENT RESIDENT 5556 PASEO DEL NORTE -6 CARLSBAD, CA 92008-4428 CURRENT RESIDENT 5555 PASEO DEL NORTE CARLSBAD, CA 92008-4429 CURRENT RESIDENT 5285 CAR COUNTRY DR CARLSBAD, CA 92008-4310 CURRENT RESIDENT 5365 CAR COUNTRY DR CARLSBAD, CA 92008-4310 CURRENT RESIDENT 5475 CAR COUNTRY DR CARLSBAD, CA 92008-4311 CURRENT RESIDENT 5475 CAR COUNTRY DR CARLSBAD, CA 92008-4311 CURRENT RESIDENT 5515 CAR COUNTRY DR -5 CARLSBAD, CA 92008-4311 CURRENT RESIDENT 1050 AUTO CENTER CT -6 CARLSBAD, CA 92008-4320 Aseg laaiic iimiiniici jaded ®091S 3iV1dlAI3i ®^I3AV asn Impression antibourrage et a sechaqe rapide .R««-a^ baWtot 5160® K2Skl i Use Avery®^EMPLATE 5160®Paper www.avery.com See kiMMMftn^BKWf { for Easy Peel Feature ^ (VERY® 5160® STELLAR PROPERTIES LLC PO BOX 8681 RANCHO SANTA , CA 92067-8681 SHARP 1775 ELEVADO RD VISTA, CA 92084-2805 REKAB PROPERTIES 591 CAMINO DE LA REINA 1100 SAN DIEGO, CA 92108-3113 SEABRIGHT CARLSBAD HOMEOWNER' 438 CAM2NO DEL RIO S 112B SAN DIEGO, CA 92108-3546 M & A GABAEE 6747 FRIARS RD 130 SAN DIEGO, CA 92108-1177 TOM J C M CO 1524 DORCAS ST SAN DIEGO, CA 92110-1515 MARK S &. DEBORAH CHAPPARONE 5414 OBERLIN DR 140 SAN DIEGO, CA 92121-4744 BARBARA WINTER 6725 MESA RIDGE RD 218 SAN DIEGO, CA 92121-2925 KELLY CORPORATE CENTER I A 5330 CARROLL CANYON RD 200 SAN DIEGO, CA 92121-3758 KELLY CORPORATE CENTER II A 5330 CARROLL CANYON RD 200 SAN DIEGO, CA 92121-3758 KELLY CORPORATE CENTER II LLC 5330 CARROLL CANYON RD 200 SAN DIEGO, CA 92121-3758 HELIX LAND CO LTD PO BOX 15453 SAN DIEGO, CA 92175-5453 CARLSBAD POINT CORP PO BOX 178870 SAN DIEGO, CA 92177-8870 PAUL & PEGGY HADLEY PO BOX 12727 PALM DESERT, CA 92255-2727 CARLSBAD 435 \CES L L PARK DR CA 92590-3690 PALAMA HUNA LLC 1420 BRISTOL ST N 100 NEWPORT BEACH, CA 92660-2914 COGNAC CARLSBAD PACIFIC CENT! 4 EMBARCADERO CTR 2700 SAN FRANCISCO, CA 94111-4180 RAY R & CONSTANCE WINTER 1909 MEADOW RD WALNUT CREEK, CA 94595-2633 COSTCO WHOLESALE CORPORATION 999 LAKE DR ISSAQUAH, WA 98027-8990 *** 109 Printed *** Eti IQftP'MVtf Consult Impression antibourrage et a sechage rapide ~ i Use Avery® TEMPLATE 5160® www.avery.com mm^for Easy Peel Feature ^ AVERY® 5160® AVERY®6241TW ! CROWELL 1010 TURNSTONE RD CARLSBAD, CA 92011-1217 MARY E HAZZARD 1014 TURNSTONE RD CARLSBAD, CA 92011-1217 TRACY K SIDDALL 6401 TOPMAST DR CARLSBAD, CA 92011-1253 DAVID A SURREY 6397 TOPMAST DR CARLSBAD, CA 92011-1257 DARYL R & RAQUEL BIBENS 6370 TOPMAST DR CARLSBAD, CA 92011-1256 JONATHAN C & JANET WOODS 6374 TOPMAST DR CARLSBAD, CA 92011-1256 ROSA 6378 TOPMAST DR CARLSBAD, CA 92011-1256 JAMES Sc D BABCOCK 6382 TOPMAST DR CARLSBAD, CA 92011-1256 CARROL DYMOTT 6390 TOPMAST DR CARLSBAD, CA 92011-1256 DEBONT 6394 TOPMAST DR CARLSBAD, CA 92011-1256 MARK & TRIGIA HAARER 6398 TOPMAST DR CARLSBAD, CA 92011-1256 TIMOTHY C & VICKI DURIE 6402 TOPMAST DR CARLSBAD, CA 92011-1264 JOAN H CHINN 6397 EBB TIDE WAY CARLSBAD, CA 92011-1261 HALL FAMILY *M* 6393 EBB TIDE WAY CARLSBAD, CA 92011-1261 HONG & EUNICE JEON 6389 EBB TIDE WAY CARLSBAD, CA 92011-1261 MARK & GEORGIA PHARES 6385 EBB TIDE WAY CARLSBAD, CA 92011-1261 DAVID S & LAURA ZENOR 6381 EBB TIDE WAY CARLSBAD, CA 92011-1261 CHARLES ,SBAD WAY CA 92011-1261 STELLAR PROPERTIES LLC 6030 AVENIDA ENCINAS 240 CARLSBAD, CA 92011-1063 STELLAR PROPERTIES LLC 6030 AVENIDA ENCINAS 220 CARLSBAD, CA 92011-1062 COGNAC CENT RD 320 BAD, CA 92011-1060 GREEK VILLAGE LLC 6030 PASEO DEL NORTE CARLSBAD, CA 92011-1114 KELLY CORPORA^^BBIi^^E A I eOO^^iBB^'vALLEY RD 150 ^(^SBAD, CA 92011-4222 HERBERT HIRSHFIELD PO BOX 131450 CARLSBAD, CA 92013-1450 DORIS BROOKING PO BOX 789 CARLSBAD, CA 92018-0789 HOEHN ASSOCIATES LLC PO BOX 789 CARLSBAD, CA 92018-0789 HOEHN GROUP LLC PO BOX 789 CARLSBAD, CA 92018-0789 CARLSBAD RANCH RESTAURANT CO PO BOX 4068 CARLSBAD, CA 92018-4068 WINTER 6020 LLC 4401 MANCHESTER AVE 206 ENCINITAS, CA 92024-7904 AH3AV-O9-008-1 ..... SALTAIRE AT CARLSBAD HOMEOWN 2146 ENCINITAS BLVD 102 ENCINITAS, CA 92024-4371 ®091S 31V1dl/\l31 ®^ia/\v Impression antibourrage et a sechage rapide UBfap*te&alt»fe5160® Use Avery® TEMPLATE 5160® www.avery.com AVERY® 5160® GRAND PACIFIC CARLSBAD L P 5900 PASTEUR CT 200 CARLSBAD, 0$ 92008-7336 NATIONAL ASSN OF MUSIC MERCffi 5790 ARMADA DR CARLSBAD, CA 92008-4608 CARLSBAD RANCH L P 5770 ARMADA DR CARLSBAD, CA 92008-4608 GEMOLOGICAL INSTITUTE OF AMEI 5345 ARMADA DR CARLSBAD, CA 92008-4602 BARBARA WINTER 5750 FLEET ST 120 CARLSBAD, CA 92008-4709 LOT 15 CARLSBAD RANCH L L ( 5800 ARMADA DR 102 CARLSBAD, CA 92008-4611 BRIAD RESTAURANT GROUP L L C 850 PAL.OMAR AIRPORT RD CARLSBAD, CA 92011-4443 ROBERT & DEBORAH STREET 1029 GOLDENEYE VW CARLSBAD, CA 92011-1223 HORRELL 2004 1025 GOLDENEYE VW CARLSBAD, CA 92011-1223 DAVIES 1021 GOLDENEYE VW CARLSBAD, CA 92011-1223 ANGEL M & KATHLEEN TORRES 1017 GOLDENEYE VW CARLSBAD, CA 92011-1223 JAMES & GARRIE RHODES *M* 1013 GOLDENEYE VW CARLSBAD, CA 92011-1223 DALE J & KRISTEN PENK 1009 GOLDENEYE VW CARLSBAD, CA 92011-1223 ROBERT & MARY HOTTO 1005 GOLDENEYE VW CARLSBAD, CA 92011-1223 GROSS 1001 GOLDENEYE VW CARLSBAD, CA 92011-1223 MARCIA BIGLAISER 1004 GOLDENEYE VW CARLSBAD, CA 92011-1222 EDWARDSARNELL 1007 TURNSTONE RD CARLSBAD, CA 92011-1218 ROBERT H JACKSON 1003 TURNSTONE RD CARLSBAD, CA 92011-1218 JOHNS 999 TURNSTONE RD CARLSBAD, CA 92011-1216 JOSEPH G COREY 995 TURNSTONE RD CARLSBAD, CA 92011-1216 OLGA RESTA *M* 991 TURNSTONE RD CARLSBAD, CA 92011-1216 DUANE T & JENNIFER OCONNELL 987 TURNSTONE RD CARLSBAD, CA 92011-1216 RUBEN P & LESLIE LAZO 983 TURNSTONE RD CARLSBAD, CA 92011-1216 STEVEN S & TAMARA OGG 979 TURNSTONE RD CARLSBAD, CA 92011-1216 STEVEN J RUDE 986 TURNSTONE RD CARLSBAD, CA 92011-1215 JAMES & AGATHA YOUNGBLOOD 990 TURNSTONE RD CARLSBAD, CA 92011-1215 CHUNG CHO 994 TURNSTONE RD CARLSBAD, CA 92011-1215 BRADLEY & MARIA SMIDT 998 TURNSTONE RD CARLSBAD, CA 92011-1215 LEONE 1002 TURNSTONE RD CARLSBAD, CA 92011-1217 AIDAN & JANET NUTTALL 1006 TURNSTONE RD CARLSBAD, CA 92011-1217 AM3AV-O9-008-1 Consul Impression antibourrage et d sechage rapide j * ^ Feed PaperUse Avery® TEMPLATE 5 160® www.avery.com for Easy Peel Feature ^ AVERY® 5160® , AVERY®6241™ ! LEGOLAND CALIFORNIA INC LF PI 1209 N ORANGE ST WILMINGTON, DE 19801-1120 RUBYS DINER LF CPG CARLSBAD I PO BOX 6120 INDIANAPOLIS, IN 46206-6120 SHARP 1000 CHRYSLER DR AUBURN HILLS, MI 48326-2766 CHRYSLER REALTY CORP 1000 CHRYSLER DR AUBURN HILLS, MI 48326-2766 OSCARS CAR 3 3 3 S^Jj^^fcrST 217 OK 74135-4442 PP CARLSBAD INC 2711 N HASKELL AVE 2150 DALLAS, TX 75204-2912 PP PAC RIDGE INC 2711 N HASKELL AVE 2150 DALLAS, TX 75204-2912 BARBARA WINTER PO BOX 53 HOUSTON, TX 77001-0053 DAVID P & REBECCA SCHERSCHEL 12377 W ASUEDUET DR LITTLETON, CO 80127 WESTMARK DEVELOPMENT CORP 3375 PEPPER LN 102 LAS VEGAS, NV 89120-2742 DANNY 820 JipPEAK PL 101 SGAS, NV 89144-2440 CPTSC TITLE HOLDING CORP 533 S FREMONT AVE LOS ANGELES, CA 90071-1712 NEW SPARK HOLDINGS INC 580 SILVER SPUR RD ROLLING HILLS, CA 90275-3614 GRODY PROPERTIES L L C 6211 BEACH BLVD BUENA PARK, CA 90621-2307 SNYDER LEASING 13502 E VIRGINIA AVE BALDWIN PARK, CA 91706 CPTSC TITLE HOLDING CORP 3250 VISTA DIEGO RD JAMUL, CA 91935-2014 ALEX CYPERT 5900 PASTEUR CT 200 CARLSBAD, CA 92008 PALOMAR & CO 5850 AVENIDA ENCINAS CARLSBAD, CA 92008-4465 C B RANCH ENTERPRISES 5600 AVENIDA ENCINAS 106 CARLSBAD, CA 92008-4452 CARLSBAD RANCH CO 5600 AVENIDA ENCINAS 100 CARLSBAD, CA 92008-4452 CARLSBAD RANCH MAINTENANCE A: 5600 AVENIDA ENCINAS 100 CARLSBAD, CA 92008-4452 ARO PARTNERS 1015 CHESTNUT AVE A3 CARLSBAD, CA 92008-2564 PAUL & PEGGY HADLEY 3340 RIDGECREST DR CARLSBAD, CA 92008-2027 STELLAR PROPERTIES L L C 5444 PASEO DEL NORTE CARLSBAD, CA 92008-4426 TOWNSEND 543 DEL NORTE CA 92008-4426 HOEHN GROUP L L C 5454 PASEO DEL NORTE CARLSBAD, CA 92008-4426 LEGOLAND CALIFORNIA INC LF PI 1 LEGOLAND DR CARLSBAD, CA 92008-4610 GRANlXPACIFIC PALISADES HOTE1 5900 PASS^UR CT 200 CARLSBAD, CAX22008-7336 GRAND PACIFIC CARLSBAD HOTEL 5900 PASTEUR CT 200 CARLSBAD, CA 92008-7336 DEAN S SAKIHAMA 5900 PASTEUR CT 200 CARLSBAD, CA 92008-7336 Easy Peel Labels Use Avery® TEMPLATE 5160® CARLSBAD UNIF SCHOOL DIST 6225 EL CAMINO REAL CARLSBAD CA 92011 See Instruction Sheet j for Easy Peel Feature ^ SAN MARCOS SCHOOL DISTRICT STE 250 255 PICO AVE SAN MARCOS CA 92069 iAVERY®5i60® ! ENCINITAS SCHOOL DISTRICT 101 RANCHO SANTA FE RD ENCINITAS CA 92024 SAN DIEGUITO SCHOOL DISTRICT 701 ENCINITAS BLVD ENCINITAS CA 92024 LEUCADIA WASTE WATER DIST TIM JOCHEN 1960 LA COSTA AVE CARLSBAD CA 92009 OLIVENHAIN WATER DISTRICT 1966OLIVENHAINRD ENCINITAS CA 92024 CITY OF ENCINITAS 505 S VULCAN AV 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 AV 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 CONTROL DISTRICT 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 CARLSBAD CHAMBER OF COMMERCE 5934 PRIESTLEY DR CARLSBAD CA 92008 CITY OF CARLSBAD PUBLIC WORKS/ENGINEERING DEPT- PROJECT ENGINEER CITY OF CARLSBAD PROJECT PLANNER SCOTT MOLLOY - BIASD STE 110 9201 SPECTRUM CENTER BLVD SAN DIEGO CA 92123-1407 Etiquettes faciles a peler Consultez la feuille www.averv.com Easy Peel Labels Use Avery® TEMPLATE 5160® BUREAU OF INDIAN AFFAIRS 2800 COTTAGE WAY SACRAMENTO CA 95825 See Instruction Sheet j for Easy Peel Feature^ BUSINESS, TRANS & HSG AGENCY STE2450 980 NINTH ST SACRAMENTO CA 95814 IAVERY®5160® CA COASTAL COMMISSION STE 103 7575 METROPOLITAN DR SAN DIEGO CA 921084402 CANNEL ISLANDS NATL PARK SUPERINTENDENT'S OFFICE 1901 SPINNAKER DR SAN GUENA VENTURA CA 93001 CITY OF ENCINITAS 505 S VULCAN AVE ENCINITAS CA 92024 COASTAL CONSERVANCY STE 1100 1330 BROADWAY OAKLAND CA 94612 COUNTY OF SD SUPERVISOR RM335 1600 PACIFIC SAN DIEGO ca 92101 DEPT OF DEFENSE LOS ANGELES DISTENG PO BOX 2711 LOS ANGELES CA 90053 DEPT OF ENERGY STE 400 611 RYAN PLZDR ARLINGTON TX 760114005 DEPT OF ENERGY STE 350 901 MARKET ST SAN FRANCISCO CA 94103 DEPT OF FISH & GAME ENVSERVDIV PO BOX 944246 SACRAMENTO CA 942442460 DEPT OF FOOD & AGRICULTURE AGRICULTURAL RESOURCES RM100 1220NST SACRAMENTO CA 95814 DEPT OF FORESTRY ENV COORD PO BOX 944246 SACRAMENTO CA 942442460 DEPT OF HOUSING & URBAN DEV 600 HARRISON ST SAN FRANCISCO CA 94107 DEPT OF JUSTICE DEPTOFATTYGEN RM700 110 WEST AST SAN DIEGO CA 92101 DEPT OF TRANSPORTATION RM 5504 1120NST SACRAMENTO CA 95814 FED AVIATION ADMIN WESTERN REG PO BOX 92007 LOS ANGELES CA MARINE RESOURCES REG DR & G ENV SERVICES SPR STEJ 4665 LAMPSON AVE LOSALAMITOSCA 907205139 OFF OF PLANNING & RESEARCH OFF OF LOCAL GOV AFFAIRS PO BOX 3044 SACRAMENTO CA 958123044 SAN FRANCISCO BAY CONSERV & DEV COM STE 2600 50 CALIFORNIA ST SAN FRANCISCO CA 941114704 SANDAG EXEC DIRECTOR STE 800 1STINTLPLZ401BST SAN DIEGO CA 92101 SD COUNTY PLANNING & LAND USE DEPT STE B-5 5201 RUFFIN RD SAN DIEGO CA 92123 SDGE 8315 CENTURY PARK CT SAN DIEGO CA 92123 STATE LANDS COMMISSION STE 1005 100 HOWE AVE SACRAMENTO CA 958258202 US ARMY CORPS OF ENGINEER 1455 MARKET STFL17 SAN FRANCISCO CA 941031368 US BUREAU OF LAND MGMT STE RM W 2800 COTTAGE WY SACRAMENTO CA 95825 US BUREAU OF RECLAMATION MID PACIFIC REG 2800 COTTAGE WY SACRAMENTO CA 95825 US FISH & WILDLIFE SERVICES 2800 COTTAGE WAY STE W-2605 SACRAMENTO CA 958251888 USDA RURAL DEVELOPMENT DEPT 4169 430 GST DAVIS CA 95616 WATER RESOURCES CONTROL BOARD PO BOX 100 SACRAMENTO CA 95801 Etiquettes faciles a peler Consultez la feuille www.averv.com This space is fr le County Clerk's Filing Stamp PROOF OF PUBLICATION (2010 & 2011 C.C.P.) STATE OF CALIFORNIA County of San Diego I am a citizen of the United States and a resident of the County aforesaid: I am over the age of eighteen years and not a party to or interested in the above- entitled matter. I am the principal clerk of the printer of North County Times Formerly known as the Blade-Citizen and The Times- Advocate and which newspapers have been adjudicated newspapers of general circulation by the Superior Court of the County of San Diego, State of California, for the City of Oceanside and the City of Escondido, Court Decree number 171349, for the County of San Diego, that the notice of which the annexed is a printed copy (set in type not smaller than nonpariel), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: February 27th, 2009 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at OCEANSIDE, California ~his~27~~, day of ~ebrc2009 ik\k. (,( 'k . i \ L. -J - . Jane Allshouse Proof of Publication of I Lot* 18 and I9 of Carlsbsd TraM Hap 9449 un,fs 2 and 3 In the Cit of Carlsbsd. county sari Dl-0 S(~teof ~all?ornia according to map there. 01 no.' 13408 ti1.d in ilie Oftise of the county Read., Of S*n Diego April 1. 1987 as tola num. kr 1997-147754 I T~OSB$1$00S * Sh ng lo rpea. on in r proposs. are cola a Y nv tea to anew ma p.o L near COD me auenda D * oe ava au e on ana htarc; 6 2009 If YO- hare any u.estons .ease ca diln wwh In the Pann ng Depanment at 660 602.4611 I CASE FILE.SP 207 H ILCPA 08-01 ~&l~$~~~~~).,"27"026z91 NCc"+IgF2y;A7 gjz ~;$$?~SBAD NORTH COUNTY TIMES Legal Advertising