HomeMy WebLinkAbout2009-01-21; Planning Commission; Resolution 65261 PLANNING COMMISSION RESOLUTION NO. 6526
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF AN AMENDMENT TO THE
4 IMPLEMENTATION PLAN OF THE MELLO II SEGMENT OF
THE CARLSBAD LOCAL COASTAL PROGRAM
5 AUTHORIZING AN AMENDMENT TO THE CARLSBAD
6 RANCH SPECIFIC PLAN TO ADD HOTEL AND ACCESSORY
USES TO PLANNING AREA 4 OF THE CARLSBAD RANCH
7 SPECIFIC PLAN AND TO REVISE THE PARKING RATE FOR
LEGOLAND AND GYMS WITHIN THE CARLSBAD RANCH
8 SPECIFIC PLAN ON PROPERTY GENERALLY LOCATED
NORTH OF PALOMAR AIRPORT ROAD, SOUTH OF
CANNON ROAD, EAST OF PASEO DEL NORTE AND WEST
10 OF THE CROSSINGS DRIVE IN THE MELLO II SEGMENT
OF THE LOCAL COASTAL PROGRAM AND IN LOCAL
11 FACILITIES MANAGEMENT ZONE 13.
CASE NAME: LEGOLAND HOTEL CALIFORNIA
12 CASE NO: LCPA 08-01
13 WHEREAS, Merlin Entertainments Group US Holdings, Inc.,
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"Developer/Owner," has filed a verified application with the City of Carlsbad regarding property
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described as16
17 Lots 18 and 19 of City of Carlsbad Tract 94-09, Carlsbad
Ranch-Units 2 and 3, in the City of Carlsbad, County of San
18 Diego, State of California, according to map thereof No. 13408,
recorded in the Office of the County Recorder of San Diego
19 County on April 1,1997
20 ("the Property"); and
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WHEREAS, said verified application constitutes a request for a Local Coastal
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Program Amendment as shown on Exhibit "LCPA 08-01" dated January 21, 2009, attached to
24 Planning Commission Resolution No. 6525, as provided in Public Resources Code Section
25 30574 and Article 15 of Subchapter 8, Chapter 2, Division 5.5 of Title 14 of the California Code
26 of Regulations of the California Coastal Commission Administrative Regulations; and
27 WHEREAS, the Planning Commission did on January 21, 2009, hold a duly
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noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
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and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
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relating to the Local Coastal Program Amendment; and4
WHEREAS, State Coastal Guidelines requires a six-week public review period
for any amendment to the Local Coastal Program.
7 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
o
Commission of the City of Carlsbad, as follows:
9 A) That the foregoing recitations are true and correct.
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B) At the end of the State-mandated six-week review period, starting on October 10,
2008 and ending on November 21, 2008, staff shall present to the City Council a
summary of the comments received.
13 C) That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of LEGOLAND HOTEL CALIFORNIA-
14 LCPA 08-01 based on the following findings, and subject to the following
conditions:15
,,- Findings:
j7 1. That the proposed Local Coastal Program Amendment meets the requirements of, and is
in conformity with, the policies of Chapter 3 of the Coastal Act and all applicable policies
18 of the Mello II segment of the Carlsbad Local Coastal Program not being amended by
this amendment, in that the project is in compliance with the Mello II Land Use
Policies that are applicable to this site including: Policy 1-1 Allowable Land Uses,
Policy 2-2 Carlsbad Ranch Specific Plan "Mixed-Uses" Development, Policy 6-5
Hotel-Motel rooms, Policy 7-10 Parking and Policy 8-5 Signage. The proposed
21 amendment is consistent with Policy 1-1, allowable land uses, since the proposed
addition of a hotel and hotel accessory uses are uses to be included within the
22 specific list of allowed uses in the Specific Plan and that the hotel is consistent with
the General Plan and Carlsbad Ranch Specific Plan as a Travel/Recreation
Commercial Land Use. Policy 2-2 of the LCP provides conditional development
24 standards for the Specific Plan area to preserve and protect agricultural uses. The
proposed amendments would not affect agricultural uses as the proposed uses are
25 within the previously developed Legoland Outer Park. Policy 6-5 addresses the
need for additional hotel-motel rooms and visitor-serving commercial uses within
26 the coastal zone. One of the suggested locations is near 1-5 and Palomar Airport
Road and the proposed hotel use is located near this intersection. The Legoland
theme park is also adding retail and restaurant uses which are visitor serving
2g facilities. Policy 7-10 addresses parking standards set forth in the Carlsbad
Municipal Code. The parking generation rate for the theme park was established
within the Carlsbad Ranch Specific Plan. The project proposes and has submitted
PC RESO NO. 6526 -2-
adequate justification to reduce the generation rate from 94.2 to 80.08 parking
2 spaces per acre of active theme park use based on historic park visitor information.
The change to the gym parking rate was previously approved by LCPA 03-10 and is
3 being reflected in the Specific Plan. The proposed amendments would not affect
Policy 8-5, since no modifications are proposed to the existing Sign Program. The
project site does not provide or obstruct public views of the coast or provide coastal
access as it is located a mile from the coastline.
2. That the proposed amendment to the Implementation Plan of the Mello II segment of
the Carlsbad Local Coastal Program is required to bring it into consistency with the
7 Carlsbad Ranch Specific Plan.
8 Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to building
permit or grading permit issuance, whichever occurs first.
11 1. If any of the following conditions fail to occur, or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so
12 implemented and maintained according to their terms, the City shall have the right to
revoke or modify all approvals herein granted; deny or further condition issuance of all
future building permits; deny, revoke, or further condition all certificates of occupancy
14 issued under the authority of approvals herein granted; record a notice of violation on the
property title; institute and prosecute litigation to compel their compliance with said
15 conditions or seek damages for their violation. No vested rights are gained by Developer
or a successor in interest by the City's approval of this Local Coastal Program
1" Amendment.
17 2. This approval is granted subject to the approval of SP 207(H) and is subject to all
1 g conditions contained in Planning Commission Resolution No. 6525 for the other approval
incorporated herein by reference.
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3. Developer shall implement, or cause the implementation of, the LEGOLAND HOTEL
0 CALIFORNIA - SP 207(H) Project Mitigation Monitoring and Reporting Program.
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PC RESO NO. 6526 -3-
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PASSED, APPROVED, AND ADOPTED at a regular meeting to the Planning
Commission of the City of Carlsbad, held on January 21, 2009, by the following vote, to wit:
AYES:Commissioners Baker, Cardosa, Douglas, Whitton, and
Chairperson Montgomery
NOES:
ABSENT: Commissioners Boddy and Dominguez
ABSTAIN:
MARTELL B. MONTGOMERY,
CARLSBAD PLANNING COMM
ATTEST:
ierson
ION
DON NEU
Planning Director
PC RESO NO. 6526 -4-