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HomeMy WebLinkAbout2009-10-27; City Council; 20021; Legoland Hotel CaliforniaCITY OF CARLSBAD - AGENDA BILL 8 AB# 20,021 MTG. 10/27/09 DEPT. PLN LEGOLAND HOTEL CALIFORNIA SDP 96-14(C)/CDP 96-1 6(C) DEPT. HEAD WWf CITY ATTY. <&& CITY MGR. ( //— RECOMMENDED ACTION: That the City Council ADOPT Resolution No. 2009-272 APPROVING Site Development Plan Amendment 96-14(C) and Coastal Development Permit Amendment 96- 16(C) based upon the findings and subject to the conditions contained therein. ITEM EXPLANATION: Project Application(s) SDP 96-14(0) CDP96-16(C) Administrative Approvals Planning Commission RA RA City Council X X RA = Recommended Approval X = Final City decision -making authority •= requires Coastal Commission approval On September 16, 2009, the Planning Commission recommended approval (7-0) of a Site Development Plan Amendment and Coastal Development Permit Amendment to amend the Legoland Site Development Plan to add a 254 room hotel and accessory hotel uses to the Legoland Outer Park area that is currently used for bus and RV parking. Accessory hotel uses include: retail sales, restaurant, staged entertainment, bar and nightclub, outdoor pool and water play features. The hotel would be located immediately to the southeast of the theme park's 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. Legoland California Theme Park is located within the Carlsbad Ranch Specific Plan more generally located north of Palomar Airport Road, south of Cannon Road, east of Armada Drive and west of The Crossings Drive in the Mello II Segment of the Local Coastal Program and in Local Facilities Management Zone 13. The Site Development Plan Amendment requires City Council approval because the height of the hotel (45 feet maximum) exceeds 35 feet. Buildings are allowed up to three stories and 45 feet with City Council approval. Pursuant to Section 21.201.120(6) of the Carlsbad Municipal Code, because the Site Development Plan Amendment requires City Council action, the Coastal Development Permit Amendment requires City Council approval. DEPARTMENT CONTACT: Van Lynch 760-602-4613 van.lvnch@carlsbadca.gov FOR CITY CLERKS USE ONLY. COUNCIL ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED G/ D D D D CONTINUED TO DATE SPECIFIC CONTINUED TO DATE UNKNOWN RETURNED TO STAFF OTHER -SEE MINUTES D D D D Page 2 The Planning Commission heard a presentation from Planning Staff and discussed the proposed hotel. A brief statement providing project details was made by the applicant and no one from the public spoke at the Planning Commission hearing. A full disclosure of the Planning Commission's actions and a complete project description and staff analysis of the proposed project are included in the attached minutes and Planning Commission staff report. The Planning Commission and Staff are recommending approval of the proposed discretionary actions. The Carlsbad Ranch Specific Plan was amended by the City Council on March 10, 2009 to allow for the addition of the hotel use within the Legoland California Theme Park. The Coastal Commission action on this amendment is pending and this project is recommended for approval subject to the Coastal Commission's approval of the Local Coastal Program Amendment (LCPA 08-01). FISCAL IMPACT: No fiscal impacts to the City have been identified. All required improvements needed to serve this project will be funded by the Developer. ENVIRONMENTAL IMPACT: On March 10, 2009, the City Council adopted a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (City Council Resolution 2009-047 and Planning Commission Resolution No. 6524) for this Legoland Hotel California project and the associated Specific Plan Amendment to allow this use. Staff has reviewed the request for the Site Development Plan Amendment and Coastal Development Permit Amendment and the Planning Director has determined that; the project complies with and is within the scope of the prior environmental documents, the project has no new significant environmental effect not analyzed in the prior Mitigated Negative Declaration, and none of the circumstances requiring a subsequent Negative Declaration under CEQA Guidelines Section 15162 exist. No further CEQA analysis or action is required. EXHIBITS: 1. City Council Resolution No. 2009-272 2. Location Map 3. Planning Commission Resolutions No. 6629 and 6630 4. Planning Commission Staff Report, dated September 16, 2009 (without resolutions) 5. Draft Excerpts of Planning Commission Minutes, dated September 16, 2009. 2. EXHIBIT 1 1 RESOLUTION NO 2009-272 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A SITE 3 DEVELOPMENT PLAN AMENDMENT 96-14(C) AND COASTAL DEVELOPMENT PERMIT AMENDMENT 96-16(C) TO 4 CONSTRUCT A 254 ROOM HOTEL, RESTAURANT, AND RETAIL USES AT THE LEGOLAND CALIFORNIA THEME PARK 5 WITHIN THE CARLSBAD RANCH SPECIFIC PLAN ON PROPERTY GENERALLY LOCATED NORTH OF PALOMAR 6 AIRPORT ROAD, SOUTH OF CANNON ROAD, EAST OF ARMADA DRIVE AND WEST OF THE CROSSINGS DRIVE IN 7 THE MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM AND IN LOCAL FACILITIES MANAGEMENT ZONE 8 13. CASE NAME: LEGOLAND HOTEL CALIFORNIA 9 CASE NO.: SDP 96-14(CVCDP 96-16(C) 10 The City Council of the City of Carlsbad, California, does hereby resolve as follows: 11 WHEREAS, pursuant to the provisions of the Municipal Code, the Planning Commission did, on September 16, 2009, hold a duly noticed public hearing as prescribed by law to consider a Site Development Plan Amendment and Coastal Development Permit Amendment to permit the construction of a 254 room hotel, restaurant, and retail uses; and 15 *JLWHEREAS, the City Council of the City of Carlsbad, on the ^7— day of16 P (gt^-^-fl-t^ , 2009, held a duly noticed public hearing to consider said Local Coastal Program Amendment and at that time received recommendations, objections, protests,1 o comments of all persons interested in or opposed to the Site Development Plan Amendment and Coastal Development Permit Amendment. 91 The City Council of the City of Carlsbad, California, does hereby resolve as 2[ follows: 22 1. That the above recitations are true and correct. 23 2. That the CEQA findings of the Planning Commission as set forth in Planning 24 Commission Resolution No. 6629 on file with the City Clerk, and made a part hereof by reference, are the findings of the City Council. 25 3. That the Site Development Plan Amendment 96-14(C) and Coastal Development 26 Permit Amendment 96-16(C) findings and conditions of the Planning Commission as set forth in Planning Commission Resolution No. 6629 and 6630 respectively on file with the City Clerk, and 2' made a part hereof by reference, are the findings and conditions of the City Council. 28 1 4. That the application for a Site Development Plan Amendment and Coastal Development Permit Amendment on property generally located north of Palomar Airport Road, 2 south of Cannon Road, east of Armada Drive and west of The Crossings Drive is approved as shown in Planning Commission Resolutions No. 6629 and 6630.3 . 5. 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 Provisions of Chapter 1.16 of the Carlsbad Municipal Code, "Time Limits for Judicial Review" shall apply: 6 "NOTICE TO APPLICANT" 7 The time within which judicial review of this decision must be sought is o governed by Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of Carlsbad by Carlsbad Municipal Code Chapter 1.16. Any petition or other paper seeking review must be filed in the appropriate court not later than the nineteenth day following the date on which this decision becomes final; however, if within ten days after the decision becomes final a request for the record of the deposit in an amount sufficient to cover the estimated cost or preparation of such record, the time within which such petition may be filed in court is 12 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 13 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 14 Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, CA. 92008." 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 27 day of October . 2009, by the following vote to wit: AYES: Council Members Lewis, Kulchin, Hall, Packard, and Blackburn NOES: None. ABSENT: None. flvMyor^ ATTEST: (SEAL) 5 EXHIBIT 2 SITEMAP NOT TO SCALE Legoland Hotel California SDP 96-14(C) / CDP96-16(C) EXHIBIT 3 1 PLANNING COMMISSION RESOLUTION NO. 6629 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF SITE DEVELOPMENT PLAN AMENDMENT 4 SDP 96-14(C) TO DEVELOP A 254 ROOM HOTEL, RESTAURANT, AND RETAIL USES WITHIN THE PARKING LOT OF THE LEGOLAND CALIFORNIA THEME PARK ON 6 PROPERTY GENERALLY LOCATED NORTH OF PALOMAR AIRPORT ROAD, SOUTH OF CANNON ROAD, EAST OF 7 ARMADA DRIVE AND WEST OF THE CROSSINGS DRIVE IN THE MELLO II SEGMENT OF THE LOCAL COASTAL 8 PROGRAM AND IN LOCAL FACILITIES MANAGEMENT ZONE 9 13. CASE NAME: LEGOLAND HOTEL CALIFORNIA 10 CASE NO.: SDP 96-14(Q . ^ 11 WHEREAS, Merlin Entertainment Group US Holdings, "Developer," and 12 "Owner," has filed a verified application with the City of Carlsbad regarding property described 13 as 14 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, 16 according to map thereof no. 13408, filed in the Office of the County Recorder of San Diego, April 1,1997 as file number 1997- 17 147754 18 ("the Property"); and 19 WHEREAS, said verified application constitutes a request for a Site Development 20 . " Plan Amendment as shown on Exhibits "A" - "II" dated September 16, 2009, on file in the 21 Planning Department, LEGOLAND HOTEL CALIFORNIA - SDP 96-14(C) as provided by £-,/-!. ' ' . 23 Chapter 21.06/Section 21.53.120 of the Carlsbad Municipal Code; and 24 . WHEREAS, the Planning Commission did, on September 16, 2009, hold a duly 25 ' 'I noticed public hearing as prescribed by law to consider said request; arid 26 WHEREAS, at said public hearing, upon hearing and considering all testimony 27 - ..'.-,; and arguments, if any, of all persons-desiring to be heard, said Commission considered all factors 28 • relatino to the Site Development Plan Amendment." ' " 1 WHEREAS, on January 18, 2006, the Planning Commission approved, SDP 2 96-14(B), as described and conditioned in Planning Commission Resolution No. 6025. 3 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 4 <- Commission of the City of Carlsbad as follows: 6 A) That the foregoing recitations are true and correct. 7 B) That based on the evidence presented at the public hearing, the Planning Commission RECOMMENDS APPROVAL of LEGOLAND HOTEL CALIFORNIA - SDP 96-14(C) based on the following findings and subject to 9 the following conditions: 10 Findings: H 1. That the requested use is properly related to the site, surroundings and environmental 12 settings, is consistent with the various elements and objectives of the General Plan, will not be detrimental to existing uses or to uses specifically permitted in the area in which 13 the proposed use is to be located, and will not adversely impact the site, surroundings or traffic circulation, in that the project is consistent with the various elements and 14 objectives of the General Plan since the proposed project falls within an approved and amended Specific Plan (Carlsbad Ranch Specific Plan), which was found to be consistent with the General Plan. The requested improvements are properly related 16 to the site surroundings and the environmental setting in that the project design complies with the development standards and design requirements of the Carlsbad 17 Ranch Specific Plan. The design provisions of SP 207(H) requires the hotel to be located and oriented towards the main park entry, have an articulated design, and be constructed of durable, high quality building materials. The proposed hotel in building articulates to form a shallow S-shape adjacent to the entry plaza of the park entrance. The hotel includes design elements such as white stucco walls, 20 balconies with metal railings, balcony covers, and a pitched roof design with a variety of roof lines constructed with a tile roof and exposed rafter tails. The roof 21 has a green shade which blends with the other park buildings and landscaping.- The 9? building also incorporates Lego themed elements and figures. The project will provide adequate on and off-site access and parking. The location of the hotel will 23 not disrupt the existing vehicular circulation on the site. Further, the proposed uses are compatible with the existing theme park recreation uses in the area; therefore, 24 the adjacent properties will not be adversely impacted. 25 ' -2. That the site for the intended use is adequate in size and shape to accommodate the use, in 9 , that the subject site is adequate in size and shape to accommodate the proposed hotel and the proposed uses comply with the required development and design standards 27 of the Carlsbad Ranch Specific Plan and no variances to standards.are proposed. The addition of the hotel, restaurant, and retail uses will increase the total Legoland 28 Park building coverage up to 5.2% whereas 50% is allowed. The hotel site is i i>o o ccc~> >"I i U r-C/oU is conveniently located adjacent to the Legoland California Theme Park and 2 convenient access and parking is provided. 3 3. That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the requested use to existing or permitted future uses in the neighborhood will be 4 provided and maintained, in that the site functions as a component of the Specific r Plan's allowed commercial tourist serving uses. The project has been designed in accordance with all development and design standards of the Specific Plan; 6 therefore, the project is compatible with existing Legoland California Theme Park and potential future commercial tourist uses. Furthermore, the proposed hotel will 7 be setback from the southern property line (abuts Palomar Airport Road) a minimum of 1,187 feet and adequate circulation, access aisles, parking spaces, and landscaping will be provided and maintained. The Legoland California Theme 9 Park has previously requested structures over 35 feet in height and has accordingly provided the increased landscaped setbacks to allow buildings up to 45 feet in 10 height. 11 4. That the street systems serving the proposed use are adequate to properly handle all traffic generated by the proposed use, in that primary access to the site will continue to be provided from Cannon Road. A small amount of traffic will be generated by the 13 hotel use on Palomar Airport Road once guests have checked into the hotel and are provided access via the gate controlled entrance off The Crossings Drive. There are 14 no near term traffic impacts within the project vicinity, but cumulative impacts to the intersection of Palomar Airport Road and Paseo Del Norte have been identified 5 by 2030. The project has been conditioned to mitigate this future impact in the form i /- of monetary contributions to road improvements which consist of a new right turn lane from eastbound Palomar Airport Road to southbound Paseo del Norte. As 17 such, the street system serving the proposed use will be adequate to handle the increase in traffic generated by the proposed project. 18 5. The Planning Director has determined that:19 2Q a. The project is a project for which a Mitigated Negative Declaration was previously adopted [15162]; 21 b. this project is consistent with the project cited above; 22 c. Mitigated Negative Declaration Legoland Hotel California (SP 207(H)) for the associated Local Coastal Program and Specific Plan Amendments as well as this 24 hotel project was adopted by City Council Resolution No. 2009-047 in connection with the prior project or plan; 25 d. the project has no new significant environmental effect not analyzed as significant in the prior Mitigated Negative Declaration; and 27 e. none of the circumstances requiring a Subsequent Mitigated Negative Declaration 28 under CEQA Guidelines Sections 15162 or 15163 exist. PCRKSONO. 6620 6. The project is consistent with the Citywide Facilities and Improvements Plan, the Local 2 Facilities Management Plan for Zone 13 and all City public facility policies and ordinances. The project includes elements or has been conditioned to construct or 3 provide funding to ensure that all facilities and improvements regarding sewer collection and treatment; water; drainage; circulation; fire; schools; parks and other recreational ^ facilities; libraries; government administrative facilities; and open space, related to the r project will be installed to serve new development prior to or concurrent with need. 6 7. The project is consistent with the adopted Airport Land Use Compatibility Plan for the McClellan-Palomar Airport (ALUCP), dated October 2004, in that the Developer has 7 previously recorded a notice concerning aircraft noise. The project is compatible with the projected noise levels of the ALUCP; and, based on the noise/land use compatibility ° matrix of the ALUCP, the proposed land use is compatible with the airport, in that on o February 25, 2009, the Airport Land Use Commission issued a consistency determination and found the project conditionally consistent with the ALUCP, with 10 sound attenuation from airport operations being the only condition. 11 8. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal Code Section 14.28.020 and Landscape Manual Section IB). 12 9. 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 14 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. 15 Conditions: 16 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to prior to approval of a building or grading permit whichever occurs first. 18 1. If any of the following conditions fail to occur, or if they are, by their terms, to be 19 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 2| 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 22 property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer 23 or a successor in interest by the City's approval of this Site Development Plan „. Amendment. 25 2, Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Site Development Plan Amendment documents, as necessary 26 to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. 28 PCRLSONO. 6620 -4- 3. Developer shall comply with all applicable provisions of federal, state, and local laws and 2 regulations in effect at the time of building permit issuance. 3 4. 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 4 challenged, this approval shall be suspended as provided in Government Code Section <. 66020. If any such condition is determined to be invalid, this approval shall be invalid unless the City Council determines that the project without the condition complies with 6 all requirements of law. 7 5. Developer shall implement, or cause the implementation of, the Legoland Hotel California Project (SP 207(H)/LCPA 08-01/SDP 96-14(C)/CDP 96-16(C)) Mitigation Monitoring and Reporting Program per Planning Commission Resolution Number 9 6524. 10 6. 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 1 * representatives, from and against any and all liabilities, losses, damages, demands, claims 12 and costs, including court costs and attorney's fees incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this Site Development Plan 13 Amendment, (b) City's approval or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated herein, and 14 (c) Developer/Operator's installation and operation of the facility permitted hereby, ., including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation 16 survives until all legal proceedings have been concluded and continues even if the City's approval is not validated. 17 7. Developer shall submit to the Planning Department a reproducible 24" x 36" mylar copy of the Site Plan reflecting the conditions approved by the final decision-making 19 body. 20 8. Developer shall include, as part of the plans submitted for any permit plancheck, a reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawing 21 format (including any applicable Coastal Commission approvals). 22 9. Prior to the issuance of a building permit, the Developer shall provide proof to the 23 Director from the Carlsbad Unified School District that this project has satisfied its obligation to provide school facilities. 24 10. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 13 Local Facilities Management Plan and any amendments made to 26 that Plan prior to the issuance of building permits. 27 11. This approval is granted subject to the approval of SP 207(H), LCPA 08-01, and CDP 96-16(C) and is subject to all conditions contained in Planning Commission Resolutions No. 6525, 6526, and 6630 for those other approvals incorporated herein by reference. l! PCRESONO. 6629 ' -5- 19 12. This approval shall become null and void if building permits are not issued for this project within three (3) years from the date of project approval. 13. Building permits will not be issued for this project unless the local agency providing water and sewer services to the project provides written certification to the City that adequate water service and sewer facilities, respectively, are available to the project at the time of the application for the building permit, and that water and sewer capacity and facilities will continue to be available until the time of occupancy. 14. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section Local Facilities Management Plan fee for Zone 13, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this approval will not be consistent with the General Plan and shall become void. 15. Developer shall submit and obtain Planning Director approval of a Final Landscape and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and the City's Landscape Manual. Developer shall construct and install all landscaping as shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving 9 10 11 12 13 „ condition, free from weeds, trash, and debris. 14 16. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plancheck process on file in the Planning Department and accompanied by the project's building, improvement, and grading plans. 17 17. Developer shall provide bus stops to service this development at locations and with reasonable facilities to the satisfaction of the North County Transit District and the 1 ° Planning Director. Said facilities, if required, shall be free from advertising and shall at a minimum include a bench and a pole for the bus stop sign. The facilities shall be designed to enhance or be consistent with basic architectural theme of the project. 20 18. All roof appurtenances, including air conditioners, shall be architecturally integrated and 21 concealed from view and the sound buffered from adjacent properties and streets, in substance as provided in Building Department Policy No. 80-6, to the satisfaction of the Directors of Community Development and Planning. 23 19. No outdoor storage of materials shall occur onsite unless required by the Fire Chief. 24 When so required, the Developer shall submit and obtain approval of the Fire Chief and the Planning Director of an Outdoor Storage Plan, and thereafter comply with the approved plan. 26 20. Developer shall submit and obtain Planning Director approval of an exterior lighting plan 27 including parking areas. All lighting shall be designed to reflect downward and avoid any impacts on adjacent homes or property. 28 i! PCRRSONO. 6020 21. Developer shall submit to the City a Notice of Restriction executed by the owner of the 2 real property to be developed. Said notice is to be filed in the office of the County Recorder, subject to the satisfaction of the Planning Director, notifying all interested 3 parties and successors in interest that the City of Carlsbad has issued a(n) Site Development Plan Amendment by Resolution No. 6629 on the property. Said Notice of ^ Restriction shall note the property description, location of the file containing complete c project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The Planning Director has the 6 authority to execute and record an amendment to the notice which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. 7 22. Developer shall construct, install, and stripe not less than 4,129 parking spaces, as shown on Exhibit "A" - "II". 9 Engineering: 10 NOTE: Unless specifically stated in the condition, all of the following conditions, upon the approval of this proposed development, must be met prior to approval of a building or 12 grading permit whichever occurs first. 13 General 14 23. Prior to hauling dirt or construction materials to or from any proposed construction site 1 - within this project, Developer shall apply for and obtain approval from, the City Engineer for the proposed haul route. 16 24. This project is approved upon the express condition that building permits will not be 17 issued for the development of the subject property, unless the District Engineer has determined that adequate water and sewer facilities are available at the time of permit 18 issuance. 19 25. Developer shall submit to the Planning Director, a reproducible 24" x 36", mylar copy of 20 the Site Plan and conceptual Grading Plan, Preliminary Utility Plan reflecting the conditions approved by the final decision making body. The reproducible shall be 21 submitted to the Planning Director, reviewed and, if acceptable, signed by the City's project engineer and project planner prior to submittal of the building plans, improvement plans, grading plans, or final map, whichever occurs first. 23 26. Prior to approval of Improvement Plans, Grading Plans or Final Map, Developer shall 24 submit to the City Engineer written approval from North County Transit District (NCTD) demonstrating mass-transit improvement requirements for this project have been 25 satisfied. 9 f-\Fees/Agreements 27 27. Developer shall cause property owner to execute and submit to the City Engineer for 28 recordation, the City's standard form Geologic Failure Hold Harmless Agreement. i! ii PC MESON9. 6629 -7- 28. Developer shall cause property owner to execute and submit to the City Engineer for 2 recordation the City's standard form Drainage Hold Harmless Agreement. 3 29. Developer shall cause property owner to process, execute and submit an executed copy to the City Engineer for recordation a City standard Permanent Stormwater Quality Best Management Practice Maintenance Agreement for the perpetual maintenance of all c treatment control, applicable site design and source control, post-construction permanent Best Management Practices prior to the issuance of a grading permit or building permit, 6 whichever occurs first for this Project. 7 30. Prior to building permit issuance, the developer shall pay a pro-rata fair share contribution towards construction of a dedicated right-turn lane from eastbound Palomar Airport Road to southbound Paseo del Norte. The pro-rata fair share contribution shall be eight and two-tenths percent (8.2%) of the actual cost to design and construct the improvements to the satisfaction of the City Engineer. If 10 construction of the right-turn lane is incorporated into the City's Traffic Impact Fee (TIF) program, the payment of TIF will satisfy this condition. Grading 13 31. Based upon a review of the proposed grading and the grading quantities shown on the site plan, a grading permit for this project is required. Developer shall prepare and submit 14 plans and technical studies/reports, for City Engineer review, and shall pay all applicable grading plan review fees per the City's latest fee schedule. 32. Developer shall apply for and obtain a grading permit from the City Engineer. Developer shall pay all applicable grading permit fees per the City's latest fee schedule and shall 17 post security per City Code requirements. 1 R 33. Developer shall include in the grading plan the measures to be taken for the 19 protection of the "Phase 2 Hotel Expansion" area as shown on the site plan. 20 34. Developer shall submit a design of protection measures to be used for the existing 36" storm drain remaining under the building, as shown on the site plan, to the 21 satisfaction of the City Engineer. The submittal shall include an analysis by a soils engineer and/or structural engineer of the proposed protection measures. 23 35. Prior to approval of the grading plan, Developer shall obtain approval from the appropriate service provider for the removal, relocation, or protection measures of 24 existing services within the project boundary, and for the quitclaim of conflicting underlying easements, if any. >6. Developer shall comply with the City's Stormwater Regulations, latest version, and shall implement best management practices at all times. Best management practices include 27 but are not limited to pollution treatment practices or devices, erosion control to prevent silt runoff during construction, general housekeeping practices, pollution prevention and "" educational practices, maintenance procedures, and other management practices or devices to prevent or reduce the discharge of pollutants to Stormwater, receiving water or !;rSONO. 6629 -8- stormwater conveyance system to the maximum extent practicable. Developer shall notify 2 prospective owners and tenants of the above requirements. f 3 37. Prior to the issuance of a grading permit, Developer shall submit to the City Engineer receipt of a Notice of Intention from the State Water Resources Control Board. 4 , 38. Prior to the issuance of grading permit or building permit, whichever occurs first, Developer shall submit for City approval a Tier 3 Storm Water Pollution Prevention Plan 6 (TIER 3 SWPPP). The TIER 3 SWPPP shall be in compliance with current requirements and provisions established by the San Diego Region of the California Regional Water 7 Quality Control Board and City of Carlsbad Requirements. The TIER 3 SWPPP shall address measures to reduce to the maximum extent practicable storm water pollutant runoff during construction of the project. 9 39. Developer shall submit for City approval a "Storm Water Management Plan (SWMP)." 10 The SWMP shall demonstrate compliance with the City of Carlsbad Standard Urban Stormwater Mitigation Plan (SUSMP), Order R9-2007-0001 issued by the San Diego 11 Region of the California Regional Water Quality Control Board and City of Carlsbad 12 Municipal Code all to the satisfaction of the City Engineer. 13 40. Developer shall incorporate Low Impact Development (LID) design techniques, on all final design plans submitted to the City, to reduce the amount of run-off by mimicking 14 the natural hydrologic function of the site by preserving natural open-spaces and natural drainage channels, minimizing impervious surfaces, promoting infiltration and evaporation of run-off before run-off leaves the site. Developer shall incorporate LID jg techniques using current County of San Diego Low Impact Development Handbook (Stormwater Management Strategies). LID techniques include, but are not limited to: 17 vegetated swale/strip, rain gardens, and porous pavement, which can greatly reduce the volume, peak flow rate, velocity and pollutants. 18 i n Dedications/Improvements 20 41. Developer shall design the private drainage systems, as shown on the site plan to the satisfaction of the City Engineer. All private drainage systems (12" diameter storm drain 21 and larger) shall be inspected by the City. Developer shall pay the standard improvement plan check and inspection fees for private drainage systems. £*£i 23 42. Developer shall design, and obtain approval from the City Engineer, the structural section for the access aisles with a traffic index of 5.0-in accordance with City Standards due to 24 truck access through the parking area and/or aisles with an ADT greater than 500. Prior to completion of grading, the final structural pavement design of the aisle ways shall be submitted together with required R-value soil test information subject to the review and approval of the City Engineer. 27 Utilities 28 43. Developer shall meet with the Fire Marshal to determine if fire protection measures (fire flows, fire hydrant locations, building sprinklers) are required to serve the project. Fire PC KI-:SO NO. 6629 -9- hydrants, if proposed, shall be considered public improvements and shall be served by 2 public water mains to the satisfaction of the District Engineer. 3 44. Developer shall design and construct public facilities within public right-of-way or within minimum 20-foot wide easements granted to the District or the City of Carlsbad. At the 4 discretion of the District or City Engineer, wider easements may be required for adequate c maintenance, access and/or joint utility purposes. 6 45. Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges for connection to public facilities. 7 46. The Developer shall design landscape and irrigation plans utilizing recycled water as a source and prepare and submit a colored recycled water use map to the Planning 9 Department for processing and approval by the District Engineer. 10 47. Developer shall install potable water and/or recycled water services and meters at locations approved by the District Engineer. The locations of said services shall be 11 reflected on public improvement plans. 12 48. The Developer shall install sewer laterals and clean-outs at locations approved by the City 13 Engineer. The locations of sewer laterals shall be reflected on public improvement plans. 14 49. The Developer shall design and construct public water, sewer, and recycled water facilities substantially as shown on the site plan to the satisfaction of the District Engineer and City Engineer. 16 Code Reminders: 17 50. Developer shall pay a landscape plancheck and inspection fee as required by Section 18 20.08.050 of the Carlsbad Municipal Code. 19 51. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and 20 Section 13.10 of the City of Carlsbad Municipal Code, respectively. The Average Daily Trips (ADT) and floor area contained in the staff report and shown on the site plan are for 21 planning purposes only. 72 52. This project shall comply with all conditions and mitigation measures which are required 23 as part of the Zone 13 Local Facilities Management Plan and any amendments made to that Plan; specifically, the developer shall pay a growth management park fee of 40 cents 24 per square foot of non-residential development to the City prior to the issuance of building permits, as required by the Zone 5 Local Facilities Management Plan. 2/r 53. Approval of this request shall not excuse compliance with all applicable sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building 27 permit issuance, except as otherwise specifically provided herein. 28 54. The project shall comply with the latest nonresidential disabled access requirements pursuant to Title 24 of the California Building Code. !! PCRESONO. 6629 -10- 55. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal 2 Code Section 18.04.320. 3 56. Any signs proposed for this development shall at a minimum be designed in conformance with the City's Sign Ordinance and shall require review and approval of the Planning Director prior to installation of such signs. NOTICE 6 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 g "fees/exactions." 9 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 12 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 15 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 16 expired. 17 18 19 20 21 22 23 24 25 26 27 28 PCRF.SONO. 6629 -11- 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 planning Commission of the City of Carlsbad, California, held on September 16, 2009, by the following vote, to wit: AYES: Commissioners Baker, Dominguez, Douglas, L'Heureux, Nygaard, Schumacher, and Chairperson Montgomery NOES: ABSENT: ABSTAIN: MARTELL B. MONTGJ CARLSBAD PLANNING COM? ATTEST: rperson SIGN DONNEU Planning Director !! J'CRESONO. 6629 1 PLANNING COMMISSION RESOLUTION NO. 6630 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF COASTAL DEVELOPMENT PERMIT 4 AMENDMENT CDP 96-16(C) TO CONSTRUCT A 254 ROOM HOTEL, RESTAURANT, AND RETAIL USES WITHIN THE PARKING LOT OF THE LEGOLAND CALIFORNIA THEME 6 PARK ON PROPERTY GENERALLY LOCATED NORTH OF PALOMAR AIRPORT ROAD, SOUTH OF CANNON ROAD, 7 EAST OF ARMADA DRIVE AND WEST OF THE CROSSINGS DRIVE IN THE MELLO II SEGMENT OF THE LOCAL 8 COASTAL PROGRAM AND IN LOCAL FACILITIES 9 MANAGEMENT ZONE 13. CASE NAME: LEGOLAND HOTEL CALIFORNIA 10 CASE NO.: CDP 96-16(0 11 WHEREAS, Merlin Entertainment Group US Holdings, "Developer," and 12 "Owner," has filed a verified application with the City of Carlsbad regarding property described 13 as 14 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, 15 according to map thereof no. 13408, filed in the Office of the County Recorder of San Diego, April 1, 1997 as file number 17 1997-147754 18 ("the Property"); and 19 WHEREAS, said verified application constitutes a request for a Coastal 20 , Development Permit Amendment as shown on Exhibits "A" - "II" dated September 16, 2009, 21 on file in the Planning Department, LEGOLAND HOTEL CALIFORNIA - CDP 96-16(C), as 23 provided by Chapter 21.201.040 of the Carlsbad Municipal Code; and 24 WHEREAS, the Planning Commission did, on September 16, 2009, hold a duly noticed public hearing as prescribed by law to consider said request; ancl 26 WHEREAS, at said public hearing, upon hearing and considering all testimony 27 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors28 relating to the Coastal Development Permit Amendment. 1 WHEREAS, on January 18, 2006, the Planning Commission approved, CDP 2 96-16(B), as described and conditioned in Planning Commission Resolution No. 6024. 3 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 4 5 Commission of the City of Carlsbad as follows: 6 A) That the foregoing recitations are true and correct. 7 B) That based on the evidence presented at the public hearing, the Commission . RECOMMENDS APPROVAL of LEGOLAND HOTEL CALIFORNIA - CDP 96-16(C) based on the following findings and subject to the following 9 conditions: Findings; 10 1. That the proposed development is in conformance with the Certified Local Coastal 11 Program and all applicable policies in that no impacts to any physical features, such as scenic resources, environmentally sensitive areas, or geologic features, will occur as none exist on the flat and previously developed parking lot. No distant or coastal 13 views would be obstructed from public roadways. 14 2. The proposal is in conformity with the public access and recreation policies of Chapter 3 of the Coastal Act in that there are no public access or public recreation requirements 1 -> for the property. *" 3. The project is consistent with the provisions of the Coastal Resource Protection Overlay ,y Zone (Chapter 21.203 of the Zoning Ordinance) in that the project will adhere to the City's Master Drainage Plan, Grading Ordinance, Storm Water Ordinance, Standard 18 Urban Storm Water Mitigation Plan (SUSMP), and Jurisdictional Urban Runoff Management Program (JURMP) to avoid increased urban runoff, pollutants, and soil 19 erosion. No steep slopes or native vegetation is located on the subject property and the site is not located in an area prone to landslides, or susceptible to accelerated erosion, floods, or liquefaction. 21 4. The property is not identified as "Designated Coastal Agricultural Land" as identified on 22 Map X. The property is also not designated as a Non-prime agricultural land and was previously permitted to convert to urban uses subject to the provisions set forth in the 23 LCP. 5. The Planning Director has determined that: 25 a. The project is a project for which a Mitigated Negative Declaration was previously 26 adopted [15162]; 27 b. this project is consistent with the project cited above; 28 ! PCRESONO. 6630 -2- 1 e. Mitigated Negative Declaration Legoland Hotel California (SP 207(H)) for the 2 associated Local Coastal Program and Specific Plan Amendments as well as this hotel project was adopted by City Council Resolution No. 2009-047 in connection 3 with the prior project or plan; 4 d. the project has no new significant environmental effect not analyzed as significant in r the prior Mitigated Negative Declaration; and 6 e. none of the circumstances requiring a Subsequent Mitigated Negative Declaration under CEQA Guidelines Sections 15162 or 15163 exist. - 7 6. 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 o 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. 10 Conditions: 11 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to prior to approval of a building or grading permit whichever occurs first. 13 1. If any of the following conditions fail to occur, or if they are, by their terms, to be 14 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 15 revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the 17 property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer 18 or a successor in interest by the City's approval of this Coastal Development Permit Amendment.19 2Q 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Coastal Development Permit Amendment documents, as 21 necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. 22 Any proposed development, different from this approval, shall require an amendment to ?0 this approval. 24 3. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 25 4. 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 97 challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid, this approval shall be invalid 28 unless the City Council determines that the project without the condition complies with ail requirements of law. ii PC UF.SO NO. 6630 -j- Developer/Operator, shall and does hereby agree to indemnify, protect, defend, and hold 2 harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims 3 and costs, including court costs and attorney's fees incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this Coastal Development Permit Amendment, (b) City's approval or issuance of any 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 permitted hereby, 6 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 7 survives until all legal proceedings have been concluded and continues even if the City's approval is not validated. o 9 6. This approval is granted subject to the approval of SP 207(H), LCPA 08-01, and SDP 96-14(C) and is subject to all conditions contained in Planning Commission Resolutions 10 No. 6525, 6526, and 6629 for those other approvals incorporated herein by reference. 7. The applicant shall apply for and be issued building or grading permits for this project within three (3) years of approval or this coastal development permit will expire unless extended per Section 21.201.210 of the Zoning Ordinance. 13 8. Prior to the issuance of building permits, the applicant shall apply for and obtain a 14 grading permit issued by the City Engineer. A grading permit will be permitted for , - subterranean work related to the foundation requirements for the hotel and related improvements. In the event the hotel is not constructed, any work performed shall 16 allow the site to be left in a state which is similar in use and condition prior to the commencement of construction (parking lot and landscaping). 17 9. Developer shall submit to the City a Notice of Restriction executed by the owner of the real property to be developed. Said notice is to be filed in the office of the County 19 Recorder, subject to the satisfaction of the Planning Director, notifying all interested parties and successors in interest that the City of Carlsbad has issued a(n) Coastal 20 Development Permit Amendment by Resolution No. 6630 on the property. Said Notice of Restriction shall note the property description, location of the file containing complete project details and all conditions of approval as well as any conditions or restrictions ~~ specified for inclusion in the Notice of Restriction. The Planning Director has the authority to execute and record an amendment to the notice which modifies or terminates 23 said notice upon a showing of good cause by the Developer or successor in interest. 24 25 26 27 28 i'CRESONO. 6630 1 NOTICE 2 Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as A "fees/exactions." 5 You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 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 g annul their imposition. 9 You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading, or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise 12 expired. 13 PASSED, APPROVED, AND ADOPTED at a regular meeting of the planning 14 Commission of the City of Carlsbad, California, held on September 16, 2009, by the following 15 vote, to wit: 16 AYES: Commissioners Baker, Dominguez, Douglas, L'Heureux, Nygaard, Schumacher, and Chairperson Montgomery 18 NOES: 19 ABSENT: 20 21 22 23 MARTELL B. MONTGOMERY, piirperson CARLSBAD PLANNING COMMISSION24 25 ATTEST: 26 " 27 ?g DONNEU Planning Director |// . 1'CRESONO. 6630 -5- I" EXHIBIT 4 me City of Carlsbad Planning Department A REPORT TO THE PLANNING COMMISSION Item No. P.C. AGENDA OF: September 16, 2009 Application complete date: N/A Project Planner: Van Lynch Project Engineer: Frank Jimeno SUBJECT: SDP 96-14(CVCDP 96-16fC) - LEGOLAND HOTEL CALIFORNIA - Request for approval of a Site Development Plan Amendment and Coastal Development Permit Amendment to permit the construction of a 254 room hotel, restaurant, and retail uses within the parking lot of the Legoland California Theme Park on property generally located north of Palomar Airport Road, south of Cannon Road, east of Armada Drive and west of The Crossings Drive in the Mello II Segment of the Local Coastal Program and in Local Facilities Management Zone 13. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolutions No. 6629, and 6630 RECOMMENDING APPROVAL of Site Development Plan Amendment 96-14(C) and Coastal Development Permit Amendment 96-16(C), based on the findings and subject to the conditions contained therein. II. INTRODUCTION The applicant is requesting approval of a Site Development Plan Amendment and Coastal Development Permit Amendment for the construction of a 254 room hotel and associated restaurant and retail uses within the parking lot of the Legoland California Theme Park. The project is located within the Carlsbad Ranch Specific Plan area and is generally located north of Palomar Airport Road, south of Cannon Road, east of Armada Drive, and west of The Crossings Drive. III. PROJECT DESCRIPTION AND BACKGROUND The Legoland California 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 a Site Development Plan Amendment and Coastal Development Permit Amendment for the development of a hotel and associated restaurant and retail uses. The hotel is proposed to be located in the outer park area presently used as visitor, bus, and RV parking. 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. Legoland is requesting approval of the addition of a 254 room hotel and accessory hotel uses for the theme park. Accessory hotel uses include: retail sale--:, restaurant, staged entertainment, bar and nightclub, outdoor pool and water play features. The hotel would be located immediately to the southeast of the theme park's pedestrian entry plaza. The hotel would incorporate Lego SDP 96-14(C)/CDP 96-16(C) - LEGOLAND HOTEL CALIFORNIA September 16, 2009 Page 2 '_ . 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 137,370 square foot three story hotel will have an articulated floor plan to create an interesting building form. The western end of the hotel is located at the east side of the existing pedestrian entry plaza to the park, with the bottom floor containing a retail shop, entry atrium, and restaurant with an outdoor dining area opening out onto the east side of the entry plaza. The hotel entrance and porte-cochere is located on the south side of the hotel. The pool and water play features would also be located on the southern side and easterly of the hotel entrance. A total of 254 hotel rooms would be located on all three floors. Four different room sizes (338 sq ft, 363 sq ft, 522 sq ft, and 591 sq ft.) are provided. The hotel is proposed to be built in two phases with 152 rooms in the first phase (69,848 sq ft) and 102 in the second phase (44,531 sq ft). Lego colors and materials are emulated throughout the building's design. The hotel exterior has a smooth white stucco finish with a soft yellow colored trim and profiled green roof tiles with exposed timber rafter tails. The middle portion of the building's southern elevation incorporates exterior covered decks with aluminum metal railings finished in black for 10 rooms. Seven of the lower floor rooms include an exterior open trellis feature. Twenty-one of the second and third story rooms without balconies will have Juliette balconies and decorative window awnings supported by corbels. The awnings will be of a plastic material and red, green, orange, yellow, or blue in color. The north building elevation includes 6 balconies and 22 Juliet balconies. The hotel entry and fa9ade are enhanced with additional Lego themed treatments. The porte cochere is attached to a freestanding Lego brick clock tower feature. The hotel elevations at the entry and restaurant side are embellished with additional Lego themed treatment of decorative columns, brise soleil (Sun shade for Atrium), and Lego themed architectural rooftop elements. Vehicular 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 already registered hotel guests, charter bus service to the hotel, and North County Transit to access the bus turnaround. The gate is located beyond (west of) the employee parking and service entrances, which are located off the Crossings Drive, so that employee and service access is unimpeded. The project application also includes the request to share parking between the uses within the theme park. Further discussion and analysis is provided in the body of this report. The project modifies the existing parking lot to reconfigure the existing handicapped parking area and relocates the bus and RV parking to the southwestern area of the parking lot as a result of the hotel project. The enure Legoland park area is roughly 128 acres in size. Planning Area 8 of the Carlsbad Ranch Specific Plan, v/hich is currently vacant and designated as Open Space, is located adjacent to the north, i\ resort/tnneshare, which is under construction, is located to the northeast in Planning Area 5, and the Legoland Drive main entrance with Planned Industrial uses beyond are located to the west. SDP 96-14(C)/CDP 96-16(C) - LEGOLAND HOTEL CALIFORNIA September 16, 2009 Page 3 The original Carlsbad Ranch Specific Plan (SP 207) 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, the addition of the hotel use within Legoland, and modifications for the widening and turn lane for Palomar Airport Road. The Coastal Commission action is pending on these amendments and the project is recommended for approval subject to the Coastal Commission's approval of the Local Coastal Program Amendment. The Site Development Plan Amendment requires City Council approval because the height of the hotel exceeds 35 feet. Buildings are allowed up to three stories and 45 feet with City Council approval. Pursuant to Section 21.201.120(8), because the Site Development Plan Amendment requires City Council action, the Coastal Development Permit Amendment requires a recommendation from the Planning Commission to the City Council. 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. Commercial Tourist 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 and Carlsbad Municipal Code, Chapter 21.203, the Coastal Resource Protection Overlay Zone; E. Airport Land Use Compatibility Plan for McClellan-Palomar Airport; F. Growth Management Ordinance (Local Facilities Management Plan Zone 13). The recommendation for approval of this project was developed by analyzing the project's consistency with the applicable regulations and policies. The project's compliance with each of the above regulations is discussed in detail in the sections below. A. General Plan The General Plan Land Use designation for Planning Area 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 tourists, residents, and employees of the business and industrial centers. Such uses include hotels, restaurants, and specialty retail catering to tourist and recreation facilities. The Carlsbad Ranch Specific Plan was recently revised (SP 207 (£)) to add hotel and associated hotel uses as allowed uses within Planning Area 4 of the Specific Plan. Hotel and associated uses to hotels are appropriate in the locution proposed as they will serve the Legoitind California Theme Park and are accessible irony major circulation element roadways (Paiomar Airport Road and Co anon Road). SDP 96-14(C)/CDP 96-16(C) - LEGOLAND HOTEL CALIFORNIA September 16,2009 Page 4 B. Tourist Commercial Zone — Qualified Development Overlay The project is within the Carlsbad Ranch Specific Plan and all properties within Planning Area 4 (Legoland) are Zoned Tourist Commercial with the Qualified Development Overlay (CT-Q). The Qualified Development Overlay Zone requires the approval of a Site Development Plan. Development within the Specific Plan area is subject to the development standards of the Specific Plan rather than the City's Zoning Ordinance. The Specific Plan maps and text define the allowable type and intensity of land uses in each planning area and provides detailed development and design standards, requirements, development phasing and timing, and the method by which the Specific Plan will be implemented. The Specific Plan was recently amended to 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. Pursuant to the previously-approved Site Development Plan Resolution for SDP 96-14, any substantial amendments to the original Legoland SDP require the approval by the Planning Commission. A project which exceeds the 35 foot building height may be approved by the City Council, provided the building height does not exceed 45 feet, contain more than three stories, and the project has increased landscaped setbacks equal to the height increase. All improvements are associated with the existing Legoland theme park. As discussed below, all required SDP findings can be made. 1. That the requested use is properly related to the site, surroundings, and environmental settings; is consistent with the various elements and objectives of the General Plan; will not be detrimental to existing uses or to uses specifically permitted in the area in which the proposed use is to be located; and will not adversely impact the site, surroundings, or traffic circulation. The project is consistent with the various elements and objectives of the General Plan since the proposed project falls within an approved and amended Specific Plan (Carlsbad Ranch Specific Plan), which was found to be consistent with the General Plan. The requested improvements are properly related to the site surroundings and the environmental setting in that the project design complies with the development standards (as discussed Section C below) and design requirements of the Carlsbad Ranch Specific Plan. The design provisions of SP 207(E) requires the hotel to be located and oriented towards the main park entry, have an articulated design, and be constructed of durable, high quality building materials. The proposed hotel building articulates to form a shallow S-shape adjacent to the entry plaza of the park entrance. The hotel includes design elements such as a white stucco walls, balconies with metal railings, balcony covers, and a pitched roof design with a variety of roof lines constructed with a tile roof and exposed rafter tails. The roof has a green shade which blends with the other park buildings and landscaping. The building also incorporates Lego themed elements and figures. The project will provide adequate on and off-site access and parking. The location of the hotel will not disrupt the existing vehicular circulation on the site. Further, the proposed uses are compatible with the existing theme park recreation uses in the area; therefor':, the adjacent properties will not be adversely impacted. SDP 96-14(C)/CDP 96-16(C) - LEGOLAND HOTEL CALIFORNIA September 16, 2009 Page 5 2. That the site for the intended use is adequate in size and shape to accommodate the use. The subject site is adequate in size and shape to accommodate the proposed hotel and the proposed uses comply with the required development and design standards of the Carlsbad Ranch Specific Plan and no variances to standards are proposed. The addition of the hotel, restaurant, and retail uses will increase the total Legoland Park building coverage up to 5.2% whereas 50% is allowed. The hotel site is conveniently located adjacent to the Legoland California Theme Park and convenient access and parking is provided. 3. That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the requested use to existing Or permitted future uses in the neighborhood will be provided and maintained. The site functions as a component of the Specific Plan's allowed commercial tourist serving uses. The project has been designed in accordance with all development and design standards of the Specific Plan; therefore, the project is compatible with the existing Legoland California Theme Park and potential future commercial tourist uses. Furthermore, the proposed hotel will be setback from the southern property line (abuts Palomar Airport Road) a minimum of 1,187 feet and adequate circulation, access aisles, parking spaces, and landscaping will be provided and maintained. The Legoland California Theme Park has previously requested structures over 35 feet in height and has accordingly provided the increased landscaped setbacks to allow buildings up to 45 feet in height. 4. That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use. Primary access to the site will continue to be provided from Cannon Road. A small amount of traffic will be generated by the hotel use on Palomar Airport Road once guests have checked into the hotel and are provided access via the gate controlled entrance off The Crossings Drive. There are no near term traffic impacts within the project vicinity, but cumulative impacts to the intersection of Palomar Airport Road and Paseo Del Norte have been identified by 2030. The project has been conditioned to mitigate this future impact in the form of monetary contributions to road improvements which consist of a new right turn lane from eastbound Palomar Airport Road to southbound Paseo del Norte. As such, the street system serving the proposed use will be adequate to handle the increase in traffic generated by the proposed project. C. Specific Plan 207(H) The subject site is located within the boundaries of Specific Plan-207, Carlsbad Ranch Specific Plan, which was originally approved in 1993. As demonstrated in Table 1 below, the proposed project is in compliance with the design guidelines and development standards contained in the Specific Plan. SDP 96-14(C)/CDP 96-16(C) - LEGOLAND HOTEL CALIFORNIA September 16,2009 Page 6 TABLE 1 - SPECIFIC PLAN COMPLIANCE STANDARD Building Setbacks: Lego Drive Northeast boundary The Crossings Drive Palomar Airport Rd Building Height Building Coverage Architectural Design Roof Equipment Landscaping Service and Trash collection REQUIRED/ ALLOWED 50-foot minimum 3 5 -foot minimum 20-foot minimum 300-foot minimum 45' and three stories 50% Articulated building with stucco finish and roofing to blend with environment. Roof-mounted equipment shall be screened from view of adjacent properties and public streets. 5% minimum, exclusive of setback area Enclosed by 6-foot-high masonry wall with gates; shall be of similar colors to the project. PROPOSED/ PROVIDED 400 feet 35 feet (overall park setback) 730 feet 1,1 87 feet 45' and three stories 5.2% Articulated building around project entry plaza with stucco finish, complementary design elements and green shaded s-shaped tile roofing to blend with the theme park and landscaping. Roof equipment for hotel is proposed to be located in a mechanical well, behind the roof line. 50%, inclusive of setback area The existing Legoland Theme Park project includes a service yard with trash facilities that will service the hotel project. Although not required, the developer is requesting a 6% common parking reduction between the hotel and accessory uses and the theme park general parking. Common parking facilities may be provided in lieu of the individual requirements pursuant to Section 21.44.090 of the Carlsbad Municipal Code (Parking Ordinance), but such facilities shall be approved by the Planning Commission as to size, shape and relationship to business sites to be served, provided the total of such off-street parking spaces, when used together, shall not be less than the sum of the various uses computed separately. When the common parking facility occupies a site that is greater than five thousand square feet, then the parking requirements as specified in the Parking Ordinance for each of two or more participating buildings or uses may be reduced not more than 15% upon approval of development plans by the Planning Commission. The request to allow for the provision of common parking facilities is supported in that the location and site design of the Legoland theme park is wholly contained within its own development area ar.d accessed from a common entry. There are multiple existing and proposed uses (park, hotel, restaurant and retail uses) within the Legoland California Theme Park that will have common customers and therefore use common parking facilities. Hotel guests wilt use the park, restaurant and retail and park guests will use the restaurants and retail. The 6% reduction would amount to 225 .['ewer parking spaces. The park would conthuie to have a surplus of 887 visitor parking spaces. These spaces would be used with the future expansion of the Legoland inuor park. The 1'itesl inner park approval v/as lor the o\7ernight stay program, which v/as SDP 96-14(C)/CDP 96-16(C) - LEGOLAND HOTEL CALIFORNIA September 16,2009 Page 7 determined to not increase the parking demand of the park. The overall parking demand and supply is shown in Table 2 below. TABLE 2 - PARKING COMPLIANCE USE Legoland Park - Auto Legoland Park RV Legoland Bus parking Hotel Restaurant Bar/Lounge Retail Sub total Project total after common use reduction Employee Total Parking Additional spaces through conversion of bus/ portion of RV (20 RV stay)* Total Parking Spaces Provided during peak need Hotel/Employee Excess parking not available to guest Surplus visitor spaces and employee surplus held separate from visitor BUILDING/US EAREA 38.7 Acres 254 units 1 5,092 sq ft 5,129 sq ft 258 sq ft PARKING STANDARD Per SP207(H) 80.08spaces/Acr e Per SP 207(H) Per SP207(H) 1 .2 spaces/room 40 + 1/50 over 4,000 40 + 1/50 over 4,000 > 1 space/300 sq ft 6% common use reduction SPACES REQUIRED 3,103 20 0 305 262 63 1 3,754 <225> 3,529 600 4,129 SPACES PROVIDED (See below) 46 60 308 614 4,851 182 Gain <60> Bus Loss 5,033 <17> 904 Total 887 Visitor 1 4 Employee 3 Hotel * Represents the additional parking spaces available under peak demand conditions through the use of double striping for the Bus/RV parking area for standard visitor parking. r r • SDP 96-14(C)/CDP 96-16(C) - LEGOLAND HOTEL CALIFORNIA September 16,2009 Page 8 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 proposed project will not result in any conflict with the provisions of the LCP. The proposed project is located on a previously developed site and will not affect any of the Mello II Land Use Policies related to grading, landscaping, erosion, steep slopes, landslides and slope instability, seismic hazards, erosion control practices, or removal of native vegetation. Additional Mello II Land Use Policies that are applicable to this site include Policy 1-1 Allowable Land Uses, Policy 2-2 Carlsbad Ranch Specific Plan "Mixed-Uses" Development, Policy 6-5 Hotel-Motel rooms, Policy 7-10 Parking and Policy 8-5 Signage. The proposed project is consistent with Policy 1-1, allowable land uses, since the proposed addition of a hotel and hotel accessory uses is consistent with the specific list of allowed uses in the Specific Plan and 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 the existing agricultural uses as the proposed improvements are within the Legoland Park area. Policy 6-5 addresses a need for additional hotel-motel rooms and visitor-serving commercial. One of the suggested locations is near 1-5 and Palomar Airport Road and the Legoland California Theme Park is located near this intersection. The Legoland California 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 park would still exceed the required parking for the proposed use. The proposed amendments would not affect Policy 8-5, since no modifications are proposed to the existing Sign Program. The project is recommended for approval subject to the California Coastal Commission approval of LCP A 08-01 for SP 207(H). SP 207(H) provides for the hotel, restaurant, and retail uses as a permitted use within the Legoland California Theme Park. E. Airport Land Use Compatibility 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 noise levels up to 68 CNEL could impact the site. While noise impacts are identified, 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. Exterior noise levels are determined to be acceptable by the ALUCP for the proposed hotel land use. 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. Previous project approvals have required, and the developer has recorded, a '"Notice Concerning Aircraft Environmental Impacts." On February 25, 2009, the Airport Land Use Commission issued a consistency determination and found the project conditionally consistent with the ALUCP, with sound attenuation from airport operations being the only condition. SDP 96-14(C)/CDP 96-16(C) - LEGOLAND HOTEL CALIFORNIA September 16,2009 Page 9 F. Growth Management Ordinance The proposed project is located within Local Facilities Management Zone 13. The proposed 254 unit hotel and accessory hotel uses does not impact public facilities, with the exception of traffic impacts which have been identified and mitigated through the funding of intersection improvements. The impacts on public facilities created by this project and compliance with the adopted performance standards are summarized below in Table 3. TABLE 3: GROWTH MANAGEMENT FACILITY City Administration Library Wastewater Treatment Capacity - Carlsbad Water District Parks Drainage - SAH 13B Circulation Fire Open Space Schools - Carlsbad Unified School District Sewer Collection System - Leucadia Waste Water District Water - Carlsbad Municipal Water District IMPACTS N/A N/A 219 EDU $ .40/SQ FT .69 CFS (Basin D) 1800ADT Fire Stations No. 4 N/A N/A 21 9 EDU 55,000 GPD COMPLY Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes V. ENVIRONMENTAL REVIEW On March 10, 2009, the City Council adopted a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (City Council Resolution 2009-047 and Planning Commission Resolution No. 6524) for this Legoland Hotel California project and the associated Specific Plan Amendment to allow this use. Staff has reviewed the request for the Site Development Plan Permit and Coastal Development Permit and the.Planning Director has determined that; the project complies with and is within the scope of the prior environmental documents, the project has no new significant environmental effect not analyzed in the prior Mitigated Negative Declaration, and none of the circumstances requiring a subsequent Negative Declaration under CEQA Guidelines Section 15162 exist. No further CEQA analysis or action is required. ATTACHMENTS: 1. Planning Commission Resolution No. 6629 (SDP) 2. Planning Commission Resolution No. 6630 (CDP) 3. Location Map 4. Background Data Sheet 5. Local Facilities Impact Assessment Form 6. Disclosure Statement 7. Reduced Exhibits 8. Exhibit "A" - "II" dated Scplember 16, 2009 S/IE NOT TO SCALE Legoiand Hotel California SDP 96-14(C) / CDP96-16(C) <v, ./ Six* BACKGROUND DATA SHEET CASE NO: SDP 96-14(CVCDP 96-16(Q CASE NAME: LEGOLAND HOTEL CALIFORNIA APPLICANT: Merlin Entertainment Group US Holdings REQUEST AND LOCATION: Request for approval of a Site Development Plan Amendment and Coastal Development Permit Amendment to permit the construction of a 254 room hotel, restaurant, and retail uses within the parking lot of the Legoland California Theme park on property generally located north of Palomar Airport Road, south of Cannon Road, east of Armada Drive 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 Development Overlay Zone (C-T-Q) Proposed Zone: Same Surrounding Zoning, General Plan and Land Use: Zoning General Plan Current Land Use Site North South East West C-T-Q C-T-Q/O-S 0-S Planned Industrial O-Q/P-M-Q T-R T-R/OS OS Planned Industrial Office/Planned Industrial Parking lot Resort Hotel/Open Space Open Space Golf Course Office LOCAL COASTAL PROGRAM Coastal Zone: [X] Yes [~1 No Local Coastal Program Segment: Mello II Within Appeal Jurisdiction: j | Yes [X] No Coastal Development Permit: [X] Yes | | No Local Coastal Program Amendment: L] Yes [x] No Revised O'/Ori Existing LCP Land Use Designation: T-R Proposed LCP Land Use Designation: Same Existing LCP Zone: C-T-O Proposed LCP Zone: Same PUBLIC FACILITIES School District: Carlsbad Water District: Carlsbad Sewer District: Carlsbad Equivalent Dwelling Units (Sewer Capacity): 219 ENVIRONMENTAL IMPACT ASSESSMENT Categorical Exemption, Negative Declaration, issued March 10, 2009 I | Certified Environmental Impact Report, dated n Other, 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 - SDP 96-14CCVCDP 96-16CC) LOCAL FACILITY MANAGEMENT ZONE: 13 GENERAL PLAN: Travel/Recreation Commercial ZONING: Commercial Tourist - Qualified Development 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 11 QUANTITY OF LAND USE/DEVELOPMENT (AC., SQ. FT., DU): 137,370 sq ft ESTIMATED COMPLETION DATE: N/A .__ A. City Administrative Facilities: Demand in Square Footage = N/A B. Library: Demand in Square Footage = N/A C. Wastewater Treatment Capacity (Calculate with J. Sewer) 219 EDU D. Park: Demand in Acreage = N/A E. Drainage: Demand in CFS = .7 cfs (net increase) Identify Drainage Basin = 13B(SAH) (Identify master plan facilities on site plan) F. Circulation: Demand in ADT = 1,800 G. Fire: Served by Fire Station No. = 4 H. Open Space: Acreage Provided = 0 (No change) I. Schools: N/A J. Sewer: Demands in EDU 219 EDU Identify Sub Basin = Buena/Vallecitos K. Water: Demand in GPD = 55,000 City of Carlsbad Planning Department DISCLOSURE STATEMENT Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information MUST be disclosed at the time of application submittai. Your project cannot be reviewed until this information is completed. Please print. d^ Agents.;faa^-sjgn;jHjs>"d^^ applicant and: property owner rr:provided^lpV!llS^^ .. -.,-• ,"•':'"; 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% 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 publiciy-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person N/A Corp/Part LEGOLAND California LLC ' Title Title Operator Address Address -1 LEGOLAND Drive, Carlsbad, CA 92008 2. OWNER (Not the owner's agent) Provide the COMPLETE, LEGAL names and addresses of ALL persons having any ownership1 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 ail 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 N/A ' Corp/Part f-erlir. Entertainments Group U.S. Holdings, Inc Title Title o-^er AddrSSS AddrsSS 1 LEGOLAND Drive, Car 1 shad, CA 92003 1635 Fancny Avenue * Carlsbad. CA 92COa-73!4 * {7cO> 602-4500 » PAX J760i 802-3559 - wv.w.ci.carisiaci.ca.'-s ;^ BEST 3. NON-PROFIT ORGANIZATION OR TRUST if any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust, list the names and addresses of ANY person serving as an officer or director of the non-profit organization or as trustee or beneficiary of the. Non Profit/Trust ; Non Profit/Trust Title Title Address Address 4. Have you had more than $500 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? Yes I x | No If yes, please indicate person(s):_ NOTE: Attach additional sheets if necessary. ! certify that all the above information is true and correct to the best of my knowledge. Signature of ownerTaife Signature of applicant/date Merlin Entertainment Group U.S. Holdings Inc. Merlin Entertainment Group U.S. Holdings Inc. Brian Shaw Brian Shaw Print or type name of owner Print or type name of applicant Signature of owner/applicant's agent if applicable/date Hofman Planning & Engineering - Leslie Weinheiraer Print or type name of owner/applicant's agent ?E STATEMENT 1 i'C5 PaGg 2 Cif 2 i <]ii iff ii 18IS III f Jiiitl 4Mil* *i '• fillI'l ts<* *:ii*! .iliili i!!,J! ii! 'I' j<) i»»»»»»k»» "'HiHHMiHiU ^^1""••W, ^"M »§§»! i « i! Ii 'o)®f( ^JvoT^^^fe^ -Ktf: I? 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HUH I! i < i I ? i'i i! ill H 8 I! ul.kk i k i S2i I •MMno t liii ill fffi £?£mm immm m*ii 2222 222 225222 2252 itkkkk kkk kkkkkk kkkk kk iiEl IIkk ii 22kk 1 1 1 :<sil ill if ool H ol ii III t CL!I L ji i!i\!i Ho! 15 3p SL,?lt'\imil'i urn m llllllEJE535 iiiiiiii iiiilIflll mm ill' 333333333 33333 33 mt um I jlIs 9 I, .a --v ill! 3 I lililla J3S mil m il Hi im ! i ^P'Ps a IP sniHj «!i«iir;slh'n I ii§ M 1l||l lllPIiII;| 1511:5535 1 S^! I I11 lei ililll 1,1 2, I62,1 imii j!I jli ^ lo •I K i X * iit»I 1af * « ii)* 15• - iiSg1 1<ca j ii ! ii ?! r~\\ .\ \ / <\/-i?i\\\\\\\ //Li1 ii, ! I h 1r ^p gf fmtae- UJC T3T) 5, cn Q_ cO >| S y EXHIBIT 5 Planning Commission Minutes September 16, 2009 Page 2 PLANNING COMMISSION PUBLIC HEARING Chairperson Montgomery asked Mr. Neu to introduce the first item. 1. SDP 96-14(CVCDP 96-16(C1 - LEGOLAND HOTEL CALIFORNIA - Request for approval of a Site Development Plan Amendment and Coastal Development Permit Amendment to permit the construction a 254 room hotel, restaurant, and retail uses within the parking lot of the Legoland California Theme Park on property generally located north of Palomar Airport Road, south of Cannon Road, east of Armanda Drive 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 Dominguez asked how many rooms are at the Sheraton Hotel. Mr. Neu stated the project was approved for up to 700 rooms. The hotel can have roughly 350 rooms. The Grand Pacific Palisades is about 280 rooms. Chairperson Montgomery asked if there were any further questions. Seeing none, he asked if the applicant wished to make a presentation. Bill Hofman, Hofman Planning and Engineering, 3152 Lionshead Avenue, introduced Peter Ronchetti, who 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 Dominguez asked about the proposed circulation to access the hotel. Mr. Ronchetti stated access will be through the main entrance as well as from the Crossings Drive entrance. Mr. Hofman stated that a registered hotel guest would enter from the Cannon Road entrance. Commissioner Baker asked about separate hotel parking for the hotel guests. Mr. Hofman directed the Commission's attention to the slide on the screen and indicated where the hotel parking will be. Commissioner Douglas asked about the water play features. Mr. Ronchetti stated the details have not yet been worked out. Mr. Hofman stated many of those amenities will be decided during the design phase of the project. Commissioner Douglas asked about the night club. Mr. Hofman directed the Commission's attention to the slide on the screen and indicated where the lounge will be. Commissioner Schumacher asked about guests leaving using the Crossings Drive, and if there will be any further improvements needed to that road. Mr. Lynch stated no. Chairperson Montgomery asked about the traffic mitigation and if a project recently approved to widen Palomar Airport Road is part of this. Mr. Lynch stated the other project which was previously approved is part of the Capital Improvement Program and is located between The Crossings Drive and Paseo Del Norte on the right hand side along Palomar Airport Road. The additional westbound right turn lane from Palomar Airport Road onto Paseo Del Norte is in addition to that. Planning Commission Minutes September 16, 2009 Page 3 Commissioner L'Heureux asked how the hotel can create an impact to warrant the extra right hand turn lane. Mr. Lynch explained that Legoland adds traffic to Palomar Airport Road from the hotel and that the right turn lane frees up the through traffic. Commissioner Nygaard asked if the fee for the right turn lane will be kept in an account. Mr. Van Peski stated another project is required to construct that lane. Mr. Van Peski stated the funds will remain in an account should the other project not be built by the time Legoland moves forward with this project. 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. MOTION ACTION: Motion by Commissioner Dominguez, and duly seconded, that the Planning Commission adopt Planning Commission Resolutions No. 6629, and 6630 recommending approval of Site Development Plan Amendment 96-14(C) and Coastal Development Permit Amendment 96-16(C), based on the findings and subject to the conditions contained therein. VOTE: 7-0 AYES: Chairperson Montgomery, Commissioner Baker, Commissioner Dominguez, Commissioner Douglas, Commissioner L'Heureux, Commissioner Nygaard and Commissioner Schumacher NOES: None ABSENT: None ABSTAIN: None Chairperson Montgomery closed the public hearing on Agenda Item 1 and thanked Staff for their presentation. COMMISSION COMMENTS Commissioner Dominguez inquired about feedback for the workshop. Mr. Neu stated it might be towards the end of the year before it is on a workshop agenda. PLANNING DIRECTOR COMMENTS None. CITY ATTORNEY COMMENTS None. ADJOURNMENT By proper motion, the Regular Meeting of the Planning Commission of September 16, 2009, was adjourned at 6:31 p.m. DON NEU Planning Director Bridget Desmarais Minutes Clerk This space is for the 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: October 17th, 2009 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at Escondido, California On this 19th, day of October, 2009 Proof of Publication of NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN to you, because^^_. vpur interest may be affected, that the City^^^ Council of the City of Carlsbad will hold a pub-lic hearing at the Council Chambers, 1200 CarlsbadVillage Drive, Carlsbad California, at 6:00 p.m. on Tues-day, October 27, 2009, to consider approval of a SiteDevelopment Plan Amendment and Coastal Develop-ment Permit Amendment to permit the construction of a254 room hotel, restaurant, and retail uses within theparking lot of the Legoland California Theme Park onproperty generally located north of Palomar AirportRoad, south of Cannon Road, east of Armada Drive andwest of The Crossings Drive in the Mello II Segment ofthe Local Coastal Program and in Local Facilities Man-agement Zone 13 and more particularly described as: Lots 18 and 19 of Carlsbad Tract Map. 94-09 Units 2 and3, in the City of Carlsbad, County of San Diego State ofCalifornia, according to map thereof no. 13408, filed inthe Office of the County Recorder of San Dieqo, April 1,1997 as file number 1997-147754 Whereas, on September 16. 2009 the City of CarlsbadPlannjng Commission voted 7-0 to recommend approvalof a Site Development Plan Amendment and Coastal De-velopment Permit Amendment to permit the constructionof a 254 room hotel, restaurant, and retail uses within theparking lot of the Legoland California Theme Park. Those persons wishing to speak on this proposal arecordially invited to attend the public hearing. Copies ofthe agenda bill will be available on and after October 23,2009. If you have any questions, please contact VanLynch in the Planning Department at (760) 602-4613 orvan.lynch@carlsbadca.gov. If you challenge the Site Development Plan Amendmentand/or Coastal Development Permit Amendment incourt, you may be limited to raising only those issues youor someone else raised at the public hearing described inthis notice or in written correspondence delivered to theCity of Carlsbad. Attn: City Clerk's Office, 1200 CarlsbadVillage Drive, Carlsbad, CA 92008, at or prior to the pub-lic hearing. §E FILE: SDP 96-14(C)/CDP 96-16(Q)NAMEj.EGOLArWHOTEL CALIFORNIAPUBLISH: giIY8ou^'CITYC INCIL er 17, 2009 NCT 2234368AD Jane Allshouse NORTH COUNTY TIMES Legal Advertising NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN to you, because your interest may be affected, that the City Council of the City of Carlsbad will hold a public hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 p.m. on Tuesday, October 27, 2009, to consider approval of a Site Development Plan Amendment and Coastal Development Permit Amendment to permit the construction of a 254 room hotel, restaurant, and retail uses within the parking lot of the Legoland California Theme Park on property generally located north of Palomar Airport Road, south of Cannon Road, east of Armada Drive and west of The Crossings Drive in the Mello II Segment of the Local Coastal Program and in Local Facilities Management Zone 13 and more particularly described as: Lots 18 and 19 of 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 Whereas, on September 16, 2009 the City of Carlsbad Planning Commission voted 7-0 to recommend approval of a Site Development Plan Amendment and Coastal Development Permit Amendment to permit the construction of a 254 room hotel, restaurant, and retail uses within the parking lot of the Legoland California Theme Park. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. Copies of the agenda bill will be available on and after October 23, 2009. If you have any questions, please contact Van Lynch in the Planning Department at (760) 602-4613 or van.lynch@carlsbadca.gov. If you challenge the Site Development Plan Amendment and/or Coastal Development Permit Amendment in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad. Attn: City Clerk's Office, 1200 Carlsbad Village Drive, Carlsbad, CA 92008, at or prior to the public hearing. CASE FILE: SDP 96-14(C)/CDP 96-16(C) CASE NAME: LEGOLAND HOTEL CALIFORNIA PUBLISH: October 17, 2009 CITY OF CARLSBAD CITY COUNCIL NOT TO SCALE SITEMAP Legoland Hotel California SDP 96-14(C) / CDP96-16(C) 09 L9/09 13 J-I8AV OSAB 8((]i}8dU!00 LULU /9 x oi w gg 09 L8/09 L<3, AJBAV i|l|M ••/iqijedmoo ,,Q/g 2 x ,. | ?p a |eqe| CURRENT RESIDENT GRAND PACIFIC (5605-13) DR CARLSBAD, CA 92008-4725 CURRENT RESIDENT 5805 ARMADA DR CARLSBAD, CA 92008-4609 CURRENT RESIDENT 5801 ARMADA DR CARLSBAD, CA 92008-4609 CURRENT RESIDENT 5803 ARMADA DR CARLSBAD, CA 92008-4609 CURRENT RESIDENT 5760 FLEET ST -7 CARLSBAD, CA 92008-4713 CURRENT RESIDENT 5800 ARMADA DR 102 CARLSBAD, CA 92008-4611 CURRENT RESIDENT 5780 FLEET ST -9 CARLSBAD, CA 92008-4702 CURRENT RESIDENT 965 PALOMAR AIRPORTRD CARLSBAD, CA 92011-1110 CURRENT RESIDENT 951 PALOMAR AIRPORTRD CARLSBAD, CA 92011-1110 CURRENT RESIDENT 6005 HIDDEN VALLEY RD CARLSBAD, CA 92011-4222 *** 11 Printed *** CURRENT RESIDENT 6010 HIDDEN VALLEY RD CARLSBAD, CA 92011-4213 e| suaj ®09l.S lueqeb e sajpej sauanbtt- CARLSBAD UNIF SCHOOL DIST 6225 EL CAMINO REAL CARLSBAD CA 92011 SAN MARCOS SCHOOL DISTRICT STE 250 255 PICO AVE SAN MARCOS CA 92069 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 DISTRICT 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 pad Aseg joj uojpnj)su| 335 ®091S Aseg Easy Peel® Labels Use Avery® Template 5160® Bend along line to expose Pop-Up Edge™AVERY® 6241TM jA LEGOLAND CALIFORNIA INC LF PI OSCARS CARLSBAD L L C 1209 N ORANGE ST WILMINGTON, DE 19801-1120 3336 E 32ND ST 217 TULSA, OK 74135-4442 PP PAC RIDGE INC 2711 N HASKELL AVE 2150 DALLAS, TX 75204-2912 LEGOLAND CALIFORNIA INC LF PI DANNY J & SANDRA CLARK CIVIC CENTER FITNESS LLC PO BOX 543185 DALLAS, TX 75354-3185 820 TITAN PEAK PL 101 LAS VEGAS, NV 89144-2440 501 SANTA MONICA BLVD 312 SANTA MONICA, CA 90401 CAROLYN RUSH C B RANCH ENTERPRISES CARLSBAD RANCH MAINTENANCE A! 5900 PASTEUR CT 200 CARLSBAD, CA 92008 5600 AVENIDA ENCINAS 106 CARLSBAD, CA 92008-4452 5600 AVENIDA ENCINAS 100 CARLSBAD, CA 92008-4452 AZCAXOCHITL ZEPEDA GRAND PACIFIC PALISADES HOTEI JOHN H & PATRICIA DAVIS 5900 PASTEUR CT 200 CARLSBAD, CA 92008-2911 5900 PASTEUR CT 200 CARLSBAD, CA 92008-7336 5900 PASTEUR CT 200 CARLSBAD, CA 92008-7336 GRAND PASFIC CARLSBAD L P 5900 PASTEUR CARLSBAD, CA 92008-7336 GRAND PAtSCEFIC CARLSBAD HOTEL 5900 PASTEUR CARLSBAD, CA 920^8-7336 GRAND PACIFIC CARLSBAD L P 5900 PASTEUR'ST 200 CARLSBAD, CA 9Z008-7336 NATIONAL ASSN OF MUSIC MERCHJ CARLSBAD RANCH L P LOT 15 CARLSBAD RANCH LLC 5790 ARMADA DR CARLSBAD, CA 92008-4608 ROBERT & DEB'STREET 1029 GOLQpJEYE VW CARLSBAD, CA 92011-1223 5770 ARMADA DR CARLSBAD, CA 92008-4608 HORRELL 2004 1025 GOLD^PJEYE VW CARLSBAD CA 92011-1223 5800 ARMADA DR 102 CARLSBAD, CA 92008-4611 DAVIES ^T 1021 Glj^DENEYE VW CARLSBAD, CA 92011-1223 JAMES & G.RHODES *M* 1013£0LDENEYE VW CARLSBAD, CA 92011-1223 GROSS looi CARLSB VW CA 92011-1223 DALE J & KRI PENK 1009 GOJJBENEYE VW CARLSBAD, CA 92011-1223 MARCIA BIGL. 1004 GOL*ENEYE VW CARLSBAD, CA 92011-1222 ROBERT &OTTO VW CA 92011-1223 EDWARDS. 1007 JIPRNSTONE RD CARLSBAD, CA 92011-1218 ROBERT H JACK 1003 TU CARL SB. TONE RD CA 92011-1218 Etiquettes faciles a peler Utflisez ie gabarit AVERY® 5160® JOHNS 999 TURNSTONE RD CARLSBAD, CA 92011-1216 Sens de rharnamant Repliez a la hachure afin de reveler Ie rebord Pop-Up™ JOSEPH G 995 TURJfSTONE RD CARLSBAD, CA 92011-1216 www.avery.com 1-800-GO-AVERY Easy Peel® Labels Use Avery® Template 5160® A Feed Paper Bend along line to expose Pop-Up Edge™AVERY® 6241™ !i SUZANNE 1030 CARL SB iSTONE RD CA 92011-1220 JONATHAN M &TUCKER 1034 TURNSTONE RD CARLSBAD, CA 92011-1220 BILLIE CASTI 1038 T CARL SB. 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CARLSBAD, CW92011-1252 ESTHER CH 6450 TJPMAST DR CARLSBAD, CA 92011-1252 JEREMY 6454 aPPMAST DR CARLSBAD, CA 92011-1252 GLEN J & MIO&ELLE YANDA 1214 WINLWSTAR WAY CARLSBAoiT CA 92011-1254 Etiquettes faciles £ peler Utilisez le gabarit AVERY® 5160® TODD L & CHRI 1218 WIND CARLSBAD, A""' Sens de*^ NE VITTITOE PAR WAY 92011-1254 Repliez d la hachure afin de reveler le rebord Pop-Up™ DAVID MARIA RHYNE WIND STAR WAY SBAD, CA 92011-1254 www.avery.com 1-800-GO-AVERY Jfe Easy Peel® Labels Use Avery® Template 5160® A Feed Paper Bend along line to expose Pop-Up Edge™AVERY® 6241™ ! 1 STEPHEN A i^KCOLE DUNPHY 1219 WINB/STAR WAY CARLSBAD, CA 92011-1254 BRYSON D STAR WAY CA 92011-1254 THOMPSON 1211 CARL!BAD D STAR WAY , CA 92011-1254 MYUNGSUK 1207 WIND^TAR WAY CARLSBAD, *CA 92011-1254 RANDALL A 6457 CARLS: KUTLOW 'VIA ST DR CA 92011-1265 PMA^DR6445 TOPI* CARLSBAD, CA 92011-1265 WILLIAM S & SH^ON IMUNSON 6433 TOPMAST DR CARLSBAD,fCA 92011-1265 WALKER FAMI 6465 TO CARLSB. ST DR CA 92011-1265 STEVEN B MEDOF 6453 TOPMAST DR CARLSBAD, CA 92011-1265 MA CHEN 6441 TOP! CARLS DR CA 92011-1265 SALTAIRE AT CARLSBAD HOMEOWNI 703 PALOMAR AIRPORT RD 225 CARLSBAD, CA 92011-1049 MARK A &RICKEY 6461 TflfMAST DR , CA 92011-1265 STRAC: 6449rTOPMAST DR CARLSBAD, CA 92011-1265 DAVID E & BARB. 6437 TO CARLSB. THURMAN DR 'CA 92011-1265 KELLY CORPORATE CENTER ALL 6005 HIDDEN VALLEY RD 150 CARLSBAD, CA 92011-4222 ANGEL M & KATHLEEN TORRES HERBERT HIRSHFIELD CARLSBAD RANCH RESTAURANT CO PO BOX 130275 CARLSBAD, CA 92013-0275 PO BOX 131450 CARLSBAD, CA 92013-1450 PO BOX 4068 CARLSBAD, CA 92018-4068 SALTAIRE AT CARLSBAD HOMEOWNI CENTER FOR NATURAL LANDS HGMT.SEABRIGHT CARLSBAD HOMEOWNER' 2146 ENCINITAS BLVD 102 ENCINITAS, CA 92024-4371 215 W ASH ST FALLBROOK, CA 92028-2904 438 CAMINO DEL RIO S 112B SAN DIEGO, CA 92108-3546 M & A GABAEE KELLY CORPORATE CENTER I A L KELLKCORPORATE CENTER ALL 6747 FRIARS RD 130 SAN DIEGO, CA 92108-1177 5330 CARROLL CANYON RD 200 SAN DIEGO, CA 92121-3758 5330 CARROii CANYON RD 200 SAN DIEGO, CA 92121-3758 KELLY CORPORATE CENTER LLC II CARLSBAD OCEAN TERRACES L L (OCEAN RIDGE OFFICE CORP 5330 CARROLL CANYON RD 200 SAN DIEGO, CA 92\2.1-3758 43529 RIDGE PARK DR TEMECULA, CA 92590-3690 770 L ST 920 SACRAMENTO, CA 95814-3361 COSTCO WHOLESALE CORPORATION *** 118 Printed *** 999 LAKE DR ISSAQUAH, WA 98027-8990 Etiquettes faciles a peler Utilisez le aabarit AVERY® 51601® A Sens de Repliez a la hachure afm de | reveler le rebord Poo-Uo™ ! www.avery.com 1-800-GO-AVERY