HomeMy WebLinkAbout2023-09-20; Planning Commission; ; Legoland Parking Structure No. 2; A request to approve the construction of an 1,174-space, three-story parking structure consisting of 387,338 square feet within the exisMeeting Date: Sept. 20, 2023
To: Planning Commission
Staff Contact: Kyle Van Leeuwen, Associate Planner, 442-339-2611,
kyle.vanleeuwen@carlsbadca.gov
Subject: Legoland Parking Structure No. 2; A request to approve the construction
of an 1,174-space, three-story parking structure consisting of 387,338
square feet within the existing parking lot of the LEGOLAND California
theme park.
Location: One Legoland Drive / APN: 211-100-09-00 / District 1
Case Numbers: SDP 2021-0028, CDP 2021-0066 (DEV 2021-0256)
Applicant/Representative: Tom Storer, Applicant; 858-334-8938; tom.storer@legoland.com
Spencer Yoder, Representative; 574-536-7906; syoder@mccathy.com
CEQA Determination: ☐Not a Project ☐ Exempt ☐ IS/ND or IS/MND ☐ EIR
☒Other: Initial Study; Consistent with Final Program EIR for Carlsbad
Ranch Specific Plan (CEQA §15168(s)(2))
Permit Type(s): ☒SDP ☐ CUP ☒ CDP ☐TM/TPM ☐ GPA ☐ REZ ☐
LCPA
CEQA Status: ☒The environmental assessment IS on the Agenda for discussion
☐A CEQA determination was already issued, and IS NOT on the Agenda
Commission Action: ☒Decision ☐ Recommendation to City Council ☐ Informational (No
Action)
Recommended Actions
That the Planning Commission ADOPT the Planning Commission Resolution (Exhibit 1) APPROVING a
Site Development Plan, SDP 2021-0028, and Coastal Development Permit, CDP 2021-0066, based upon
the findings and subject to the conditions contained therein.
Sept 20, 2023 Item #3 Page 1 of 114
Existing Conditions & Project Description
Existing Setting
The project area is within the Legoland California
theme park; a 132-acre parcel within the Carlsbad
Ranch Specific Plan. The area proposed for
construction is 2.9 acres and is directly adjacent
south of the existing three-story employee parking
structure. The area of construction currently
contains 327 surface-parking spaces and slopes
gradually to the south. The theme park is bordered
by a hotel/resort and Open Space to the north, a
public street and business park to the west, and
public streets to the south and east. Site Map
Table “A” below includes the General Plan designations, zoning and current land uses of the subject
site and surrounding properties. Also refer to Exhibit 2 for larger site map.
TABLE A – SITE AND SURROUNDING LAND USE
Location General Plan
Designation Zoning Designation Current Land Use
Site
Visitor Commercial (VC) Commercial Tourist,
Qualified Development
Overlay (C-T-Q)
Legoland Parking Lot
North
Open Space (OS)/VC Open Space (OS)/CTQ Open Space/Timeshare &
Hotel-Resort
South OS/Office (O) OS/ Office (O) Open Space/Offices
East OS OS Golf Course
West
Planned Industrial
(PI)/VC/OS
Planned Industrial,
Qualified Development
Overlay (P-M-Q)/C-T-Q/OS
Planned Industrial/ Hotel-
Resort/Open Space
Sept 20, 2023 Item #3 Page 2 of 114
General Plan Designation
Zoning Designation
Proposed Project
The applicant proposes to construct a new 387,338-square-foot, three-story parking structure, which
will provide 1,174 parking spaces. The project would remove 327 surface parking spaces, for a net
increase of 847 parking spaces. Included in the newly provided parking is 59 electric vehicle spaces, 59
future electric vehicle spaces, and long-term bicycle parking for 61 bicycles, where no electric vehicle
or bicycle spaces are currently provided.
The structure will be accessed from the larger parking lot area to the west. The structure has six
entrance/exit rows, which face a drive isle along the south edge of the structure. The overall height of
the parking structure is 34 feet, 3 inches. An elevator is proposed at the northwest corner of the
structure that requires an elevator tower of 45 feet in height.
The Project applicant, Legoland, currently operates the 128-acre amusement park. Since the park
opened in 1999, various rides and improvements have been made subject to the permits required by
the Carlsbad Ranch Specific Plan. Today, the park is a mix of amusement park attractions and rides, two
hotels offering 500 units, surface parking, employee parking structure, and accessory office and
maintenance buildings.
The parking structure will be cast-in-place concrete. The exterior will be painted in earthtone shades.
The elevator tower and architectural enhancements will be painted plaster with scored reveals, glazed
tile accents, cornices, and column caps. Wood textured trellis elements are proposed along the roof
level parapets on the southern façade. The design includes enhanced features at the most publicly
visible points along The Crossings Drive, the main driveway entrance, and from the parking lot and
hotels looking east. The landscape plan proposes a variety of trees and shrubs around the structure. In
combination with the existing mature trees along The Crossings Drive, the parking structure will be
sufficiently softened and screened. The materials, colors, and architectural elements match or
complement the existing parking structure immediately adjacent to the north.
Public Outreach & Comment
Public notice of the proposed project was mailed on Sept. 6, 2023, to property owners within 600 feet
and occupants within 100 feet of the subject property. Additionally, the project is subject to City
Sept 20, 2023 Item #3 Page 3 of 114
Council Policy No. 84 (Development Project Public Involvement Policy). As such, a notice of application
was sent, by the applicant, to surrounding property owners on June 23, 2023, and a notice placed on
the site informing neighbors of their application on June 29, 2023.
Response to Public Comment & Project Issues
No comments either in support or opposition to the project were received.
Project Analysis
General Plan Consistency
The City of Carlsbad General Plan includes several goals and policies that guide development and
land use within the city. A discussion of how the project is consistent with the applicable General
Plan policies is summarized in Exhibit 3.
Carlsbad Ranch Specific Plan Consistency
The subject site is located within Planning Area 4 (Legoland) of the Carlsbad Ranch Specific Plan (SP
207(K)). The proposed project complies with the development standards and design guidelines
contained in the Specific Plan, as summarized in Exhibit 3.
Local Coastal Program Consistency
The project site is in the Coastal Zone and requires a Coastal Development Permit. The project
complies with the Local Coastal Program, including all goals and policies of the General Plan and all
specific plan standards, as referenced above, and summarized in Exhibit 3.
McClellan-Palomar Airport Land Use Compatibility Plan
The project site is located approximately one mile west of the airport. The proposed project complies
with the McClellan-Palomar Airport Land Use Compatibility Plan, as summarized in Exhibit 3.
Discretionary Actions & Findings
In addition to the Coastal Development Permit required for any development within the Coastal Zone,
the proposed project requires the approval of a Site Development Plan. Additional information on the
Coastal Development Permit and local Coastal Program findings is included in Exhibit 3.
Site Development Plan (SDP 2021-0028)
All properties within Planning Area 4 of the Carlsbad Ranch Specific Plan are zoned Commercial Tourist
with the Qualified Development Overlay (C-T-Q). The Q zone requires approval of an SDP for new
development. The proposed parking structure meets the required findings for approval of an SDP, as
discuss in Exhibit 3.
Coastal Development Permit (CDP 2021-0066)
The project site is located within the Mello II Segment of the Local Coastal Program (LCP) but is not
within the appealable jurisdiction of the California Coastal Commission. The site is also located within
Sept 20, 2023 Item #3 Page 4 of 114
and subject to the Coastal Resources Protection Overlay Zone. The LCP and Coastal Resource
Protection Overlay Zone require approval of a Coastal Development Permit (CDP) for new
development. The project is consistent with the relevant policies of the Mello II Segment of the LCP
and the Coastal Resource Protection Overlay Zone and meets the required findings for approval of a
CDP, as discussed in Exhibit 3
Environmental Review
In accordance with the California Environmental Quality Act (CEQA) and CEQA Guidelines, a Program
Environmental Impact Report EIR 94-01 for the Carlsbad Ranch Specific Plan Amendment (Planning Case
Nos. GPA 94-03/SP 207(A)/LCPA 90-08(B)/ZC 94-02/LFMP 87-13(B)/AP 76-01(D)), State Clearinghouse
No. 95051001, was certified as complete by the City Council on January 9, 1996 (City Council Resolution
No. 96-1). Please see links below for reference
EIR 94-01:
https://records.carlsbadca.gov/WebLink/DocView.aspx?id=4527422&dbid=0&repo=CityofCarlsbad&se
archid=c991270f-8597-4c06-9ace-9632eb1c73be
City Council Resolution No. 96-01:
https://records.carlsbadca.gov/WebLink/DocView.aspx?id=4815494&dbid=0&repo=CityofCarlsbad&se
archid=d8054fda-4041-46b7-a211-22160458f08a
When taking subsequent discretionary actions for which a PEIR (Program Environmental Impact Report)
has been certified, the Lead Agency is required to determine if subsequent activities are within the scope
of the prior environmental analysis and/or review any changed circumstances or new information to
determine whether any of the circumstances pursuant to CEQA Guidelines sections 15162 and 15168
require additional environmental review. The PEIR for SP 207(A) evaluated all land development
anticipated through the application of policies, regulations, and as logical parts of a long-term plan.
Pursuant to CEQA Guidelines sections 15162 and 15168 the request to construct a 387,338-square-foot,
three-story parking structure, which will provide 1,174 parking spaces is within the scope of the of the
previously certified PEIR. The project would not result in new or more severe impacts beyond those
addressed in the Final PEIR and would not meet any other standards requiring further environmental
review pursuant to state CEQA Guidelines sections 15162 and 15168. No further analysis, public review
or environmental documentation is required. Please see Exhibit 5 for additional information.
Conclusion
Considering the information above and in the referenced attachments, staff has found that the proposed
Project is consistent with all applicable policies of the General Plan, Carlsbad Ranch Specific Plan, Local
Coastal Program, and the provisions of the Municipal Code and Local Facility Management Zone 13. All
required public improvement and utilities are available to serve the proposed development. In addition,
there are no environmental issues associated with the Project.
The Project is conditioned to ensure the proposed Project’s compatibility with the surrounding
properties and that the public health, safety, and welfare of the community are maintained. The Project
Sept 20, 2023 Item #3 Page 5 of 114
would be required to comply with all applicable California Building Standards Codes and engineering
standards through the standard building permit and civil improvement plan checking process. Staff
recommends the Planning Commission adopt the resolution, approving the proposed Project described
in this staff report.
Exhibits
1.Planning Commission Resolution
2.Location Map
3.Project Analysis
4.Disclosure Form
5.CEQA Guidelines §15168 Environmental Review Checklist
6.Reduced Exhibits
7.List of Acronyms and Abbreviations
8.Exhibits “A” – “W” dated Sept. 20, 2023 (on file in the office of the City Clerk).
Sept 20, 2023 Item #3 Page 6 of 114
PLANNING COMMISSION RESOLUTION NO. 7495
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A SITE DEVELOPMENT PLAN
AND COASTAL DEVELOPMENT PERMIT TO ALLOW FOR
CONSTRUCTION OF A 1,174-SPACE, 387,338-SQUARE-FOOT, THREE
STORY PARKING STRUCTURE WITHIN A PORTION OF THE LEGOLAND
CALIFORNIA RESORT PARKING LOT LOCATED SOUTH OF THE EXISTING
EMPLOYEE PARKING STRUCTURE AND ADJACENT TO THE CROSSINGS
DRIVE IN PLANNING AREA 4 OF THE CARLSBAD RANCH SPECIFIC PLAN
ON PROPERTY LOCATED AT 1 LEGOLAND DRIVE, ASSESSOR PARCEL
NUMBER 211-100-09-00, WITHIN THE MELLO II SEGMENT OF THE
LOCAL COASTAL PROGRAM AND IN LOCAL FACILITIES MANAGEMENT
ZONE 13
CASE NAME: LEGOLAND PARKING STRUCTURE NO. 2
CASE NO.: SDP 2021-0028/CDP 2021-0066 (DEV2021-
0256)
WHEREAS, Merlin Entertainments Group US Holdings, LLC, "Developer," has filed
a verified application with the City of Carlsbad regarding property owned by LEGOLAND
California Resorts, "Owner," described as
Lots 18 and 19 of Carlsbad Tract Map 94-09, Carlsbad Ranch -
. Units 2 and 3, in the City of Carlsbad, County of San Diego, State
of California, according to map thereof no. 13408, filed in the
Office of the County Recorder of San Diego, April 1, 1997 as file
number 1997-147754
("the Property"); and
WHEREAS, said verified application constitutes a request for a Site Development
Plan and Coastal Development Permit as shown on Exhibit(s) "A" -"W" dated Sept. 20, 2023, on
file in the Planning Division, SOP 2021-0022 (DEV2021-0256)- LEGOLAND PARKING STRUCTURE
• NO. 2 as provided by Chapter 21.06 and 21.201.030 of the Carlsbad Municipal Code and the .
Carlsbad Ranch Specific Plan SP 207(K); and
Exhibit 1
Sept 20, 2023 Item #3 Page 7 of 114
WHEREAS, the Planning Commission did, on Sept. 20, 2023, hold a duly noticed
public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, if any, of all persons desiring to be heard, said Commission considered all factors
relating to the Site Development Plan and Coastal Development Permit.
WHEREAS, a Program Environmental Impact Report EIR 94-01, State
Clearinghouse No. 95051001 {Planning Case Nos. EIR 94-01/GPA 94-03/SP 207{A)/LCPA 90-
08{8)/ZC 94-02/LFMP 87-13{8)/AP 76-0l{D)), was prepared and the City Council certified it on
Jan. 9, 1996, for the Carlsbad Ranch Specific Plan Amendment SP 207(A); and
WHEREAS, Pursuant to the California Environmental Quality Act, (CEQA, Public
Resources Code section 21000 et. seq.), and its implementing regulations (the State CEQA
Guidelines), Sections 15162 through 15164 set forth the criteria for determining the appropriate
additional environmental documentation, if any, to be completed when there is a previously
certified environmental impact report (EIR) covering the project for which a subsequent
discretionary action is required; and
WHEREAS, there is no "new information of substantial importance" pursuant to
CEQA Guidelines Section 15162 through 15168 and the potential ·environmental effects of the
project were adequately analyzed by the previously-certified PROGRAM ENVIRONMENTAL
IMPACT REPORT EIR 94-01 for the CARLSBAD RANCH SPECIFIC PLAN AMENDMENT SP 207{A)
{City Council Resolution No. 96-01), Therefore, the previously-certified EIR is adequate without
modification and no additional environmental review is required; and
Sept 20, 2023 Item #3 Page 8 of 114
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the
City of Carlsbad as follows:
A)That the foregoing recitations are true and correct.
B)That based on the evidence presented at the public hearing, the Planning
Commission APPROVES SDP 2021-0028/CDP 2021-0066 (DEV2021-00256) -
LEGOLAND PARKING STRUCTURE NO. 2, based on the following findings and
subject to the following conditions:
Findings:
Site Development Plan, SDP 2021-0028
1.That the proposed development or use is consistent with the General Plan and any
applicable master plan or specific plan, complies with all applicable.provisions of Chapter
21.06 of the Carlsbad Municipal Code, and all other applicable provisions of this code, in
that the project is a request for the construction of three-story parking structure within
the existing Legoland parking lot. The structure is an accessory use that supports the
Legoland California Resort. The parking structure is consistent with all applicable
requirements of the General'Plan, Carlsbad Ranch Specific Plan and Carlsbad M1.micipal
Code {CMC).
2.That the requested development or use is properly related to the site, surroundings and
environmental settings, will not be detrimental to existing development or uses or to
development or uses specifically permitted in the area in which the proposed
development or use is to be located, and will not adversely impact the site, surroundings
or traffic circulation, in that the proposed parking structure will be located along the
east edge of the existing parking lot, setback approximately 500 feet from Palomar
Airport Road. It features an understated, yet architecturally integrated, design rather
than a Legoland themed design. The structure will be constructed of durable, high
quality building materials, will include architectural enhancements, and will be finished
in an earthtone color palette, which will match or complement the existing parking
structure to the north. The combination of proposed landscaping with the retention of
existing mature trees and shrubs along The Crossings Drive will adequately screen and
soften the parking structure from off-site views. The structure is designed to follow the
slope of the existing grade. Sloping down from north to south consistent with the slope
of the adjacent street and existing landscaping, which will allow the structure to blend
in with the surrounding environment. The project will provide adequate on-and off-site·
access, circulation, and parking during and after construction.
Sept 20, 2023 Item #3 Page 9 of 114
3.That the site for the intended development or use is adequate in size and shape to
accommodate the use, in that the subject site is adequate in size and shape to
ac_commodate the proposed parking structure. The proposed use complies with the
required development and design standards of the Carlsbad Ranch Specific Plan. No
variances to standards are proposed.
4.That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust
the requested development or use to existing or permitted future development or use in
the neighborhood will be provided and maintained, in that the project will function as a
supporting accessory use to the primary Legoland California Resort theme park use and
is permitted by the Carlsbad Ranch Specific Plan's allowed Commercial Tourist zone
uses. The project has been designed in accordance with the development and design
standards of the Specific Plan and is compatible with existing and potential future uses.
The proposed parking structure will be set back from The Crossings Drive approximately
30 feet, and adequate circulation, access aisles, parking spaces, and landscaping will be
provided and maintained. The structure's height of 34 feet, two inches, is below the
maximum 35-foot height limit. The proposed architectural treatment, scale and
massing, and screening landscape will ensure the proposed parking structure is
compatible with existing and potential future development in the surrounding area.
5.That the street systems serving the proposed development or use is adequate to properly
handle all traffic generated by the proposed use, in that primary access to the site will
continue to be provided from the existing parking area accessed from Legoland Drive.
The proposed parking structure is not a traffic generating use. Therefore, there will be
no impact on the existing street systems.
Coastal Development Permit, CDP 2021-0066
6.That the proposed development is in conformance with the_ Certified Local Coastal
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 essentially flat and previously developed parking lot. No distant or
coastal views would be obstructed from public roadways.
7.The proposal is in conformity with the public access and recreation policies of Chapter 3
of the Coastal Act in that the property is not near the shore and there are no public
access or public recreation requirements for the property.
8.'rhe project is consistent with the provisions of the Coastal Resource Protection Overlay
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, BMP Design Manual
and Jurisdictional Runoff Management Program {JRMP) to avoid increased urban runoff,
pollutants, and soil erosion. No steep slopes or native vegetation is located on the subject
Sept 20, 2023 Item #3 Page 10 of 114
property and the site is not located in an area prone to landslides, or susceptible to
accelerated erosion, floods, or liquefaction.
McClellan Palomar Airport Land Use Compatibility Plan
9.The project is consistent with the adopted Airport Land Use Compatibility Plan for the
McClellan-Palomar Airport (ALUCP), dated Dec. 1, 2011, in that:
a.The proposed project is located within the 60-65 dB CNEL noise contour.
Automobile parking is deemed a compatible use within the 60-65 CNEL contour
in the ALUCP that will not be affected by aircraft noise.
b.The proposed project is in compliance with the ALUCP. airspace protection
surfaces because the maximum height of the parking structure including the
allowable elevator tower protr'usion is well below the height that requires
notification of construction to the FAA.
c.The proposed project is located within Safety Zone 6. The ALUCP identifies
parking structures within Safety Zone 6 as compatible with airport uses.
d.The proposed project is located within the overflight notification area. The
ALUCP requires recordation of an overflight notification only for new residential
uses, although Legoland previously recorded an overflight notice for the theme
park.
California Environmental Quality Act
10.Record and Basis for Action. The Planning Commission has considered the full record
before it, which includes the Record of Proceedings. Furthermore, the recitals set forth
above are found to be true and correct and material to this resolution; and are
incorporated herein by reference.
11.Compliance with CEQA. Pursuant to CEQA Guidelines· sections 15162, this project is
covered by a previously-certified Program Environmental Impact �eport EIR 94-01, State
Clearinghouse No. 95051001 (Planning Case Nos. EIR 94-01/GPA 94-03/SP 207(A)/LCPA
90-08(8)/ZC 94-02/LFMP 87-13(B)/AP 76-0l(D)), that was prepared, and the City Council
certified it on Jan. 9, 1996, for the Carlsbad Ranch Specific Plan Amendment SP 207(A).
The effects of the project were examined in the previously certified Environ.mental Impact
Report (EIR) and all feasible mitigation measures developed in the EIR are incorporated
into the appropriate entitlements to ensure that the mitigations measures will be
implemented.
a.There are no substantial changes proposed in the project which will require major
revisions of the certified EIR.
Sept 20, 2023 Item #3 Page 11 of 114
b.There are no substantial changes with respect to the circumstances under which
the project is undertaken which will require major revisions of the certified EIR.
c.There is no new information of substantial importance, which was not known at
the time the EIR was certified by the City Council on Jan. 9, 1996. pursuant to City
Council Resolution No. 96-1.
d.The Planning Commission considered the EIR and all significant impacts and
mitigation measures in the certified EIR, and considered all written and oral
communications from the public regarding the environmental analysis, and found
that (1) The project falls under the scope of the certified EIR; (2) All significant
impacts were adequately addressed in the certified EIR; (3) The project would not
make a considerable contribution to a new significant cumulative impact; and (4)
None of the triggers for subsequent/supplemental El Rs in CEQA apply. The project
is, therefore, determined to within the scope of the certified EIR and the certified
EIR satisfies all requirements of CEQA for this later activity.
General
12.The Planning Commission finds that the project, as conditioned herein, is in conformance
with the Elements ofthe City's General Plan, based on the facts set forth in the staff report
dated Sept. 20, 2023, including, but not limited to the following.
a.Land Use & Community Design -The project is the development of an above
ground parking structure that will increase available parking to the entire site,
thus helping accommodate future growth and accessibility to the theme park
and hotels.
The project supports the existing Legoland theme park and is adjacent to the
Mar Brisa and Grand Pacific Palisades Resorts, The Crossings at Carlsbad golf
course, and the Cannon Road and Palomar Airport Road major transportation
corridors.
b.Mobility -The parking structure will enable Legoland to better manage parking
by increasing parking availability, freeing up surface spaces for larger vehicles,
and will support alternative modes of transportation through the inclusion of
electric vehicle spaces and bicycle parkin.
The project is.intended to manage parking supply and demand more efficiently
for Legoland. The parking structure includes at least ten percent of the parking
spaces for electric vehicle and future electric vehicle parking.
The parking structure includes a secured space for 61 bicycles. Legoland provides
shower/changing facilities for employees.
Sept 20, 2023 Item #3 Page 12 of 114
13.That the project is consistent with the City-Wide Facilities and Improvements Plan, the
Local 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
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
project will be installed to serve new development prior to or concurrent with need.
Specifically,
a.The Public Facility fee is required to be paid by Council Policy No. 17 and will be
collected prior to the issuance of building permit.
b.The Local Facilities Management fee for Zone 13 is required by Carlsbad Municipal
Code Section 21.90.050 and will be collected prior to issuance of building permit.
14.That the project is consistent with the City's Landscape Manual and Water Efficient
Landscape Ordinance (Carlsbad Municipal Code Chapter 18.50).
15.The Planning Commission has reviewed each of the exactions imposed on the Developer
contained in this resolution, and hereby finds, in this case, that the exactions are imposed
to mitigate impacts 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.
Conditions:
NOTE: Unless otherwise specified herein, all conditions shall be satisfied prior to approval of a
building or grading permit, whichever occurs first.
1.If any of the following conditions fail to occur, or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so
implemented and maintained according to their terms, the city shall have the right to
revoke or modify all approvals herein granted; deny or further condition issuance of all
future building permits; deny, revoke, or further condition all certificates of occupancy
issued under the authority of approvals herein granted; record a notice of violation on
the property title; institute and prosecute litigation to compel their compliance with said
conditions or seek damages for their violation. No vested rights are gained by Developer
or a successor in interest by the city's approval of this Site Development Plan and Coastal
Development Plan.
2.Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Site Development Plan and Coastal Development Plan
documents, as necessary to make them internally consistent and in conformity with the
final action on the project. Development shall occur substantially as shown on the
Sept 20, 2023 Item #3 Page 13 of 114
approved Exhibits. Any proposed development, different from this approval, shall require
an amendment to this approval.
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.
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
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
all requirements of law.
5.Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims
and costs, including court costs and attorney's fees incurred by the city arising, directly or
indirectly, from (a) city's approval and issuance of this Site Development Plan and Coastal
Development Plan, (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,
including without limitation, any and all liabilities arising from the emission by the facility
of electromagnetic fields or other energy waves or emissions. This obligation survives
until all legal proceedings have been concluded and continues even if the city's approval
is not validated.
6.Prior to submittal of the building plans, improvement plans, grading plans, or final map,
whichever occurs first, developer shall submit to the City Planner, a 24" x 36" copy of the
Site Plan, conceptual grading plan and preliminary utility plan reflecting the conditions
approved by the final decision making body. The copy shall be submitted to the City
Planner, reviewed and, if found acceptable, signed by the city's project planner and
project engineer. If no changes were required, the approved exhibits shall fulfill this
condition.
7.Prior to the issuance of a building permit, the Developer shall provide proof to the Building
Division from the Carlsbad Unified School District that this project has satisfied its
obligation to provide school facilities.
8.This project shall comply with all conditions and mitigation measures which are required
as part of the Zone 13 Local Facilities Management Plan and any amendments made to
that Plan prior to the issuance of building permits.
9.This approval shall become null and void if building permits are not issued for this project
within 24 months from the date of project approval.
Sept 20, 2023 Item #3 Page 14 of 114
10.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.
11.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
5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by
Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable 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.
12. Prior to the issuance of the Grading Permit, 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 Recorder, subject to the satisfaction of the City Planner,
notifying all interested parties and successors in interest that the City of Carlsbad has
issued a(n) Site Development Plan and Coastal Development Plan by Resolution(s) No.
7495 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 City Planner has the authority to execute and record an amendment to the notice
which modifies or terminates ScJid notice upon a showing of good cause by the Developer
or successor in interest.
13.Prior to the commencement of any ground disturbing activities that may impact native
soil, the project developer shall enter into a Pre-Excavation Agreement, otherwise
known as a Tribal Cultural Resources Treatment and Tribal Monitoring Agreement, with
a Luiseiio tribe. This agreement will address provision of a Luiseiio Native American
monitor and contain provisions to address the proper treatment of any tribal cultural
resources and/or Luiseiio Native American human remains inadvertently discovered
during the course of the project. The agreement will outline the roles and powers of
the Luiseiio Native American monitors and the archaeologist.
Engineering
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 grading
permit whichever occurs first.
General
Sept 20, 2023 Item #3 Page 15 of 114
14.Prior to hauling dirt or construction materials to or from any proposed construction site
within this project, developer shall apply for and obtain approval from, the city engineer
for the proposed haul route.
15.This project is approved upon the express condition that building permits will not be
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
issuance and will continue to be available until time of occupancy.
16.Developer shall install sight distance corridors at all street intersections and driveways in
accordance with City Engineering Standards. The property owner shall maintain this
condition.
17.Property owner shall maintain all landscaping (street trees, tree grates, shrubs,
groundcover, etc.) and irrigation along the parkway frontage with The Crossings Drive as
shown on the Tentative Map/Site Plan.
Fees/ Agreements
18.Developer shall cause property owner to execute and submit to the city engineer for
recordation, the city's standard form Geologic Failure Hold Harmless Agreement.
19.Developer shall cause property owner to execute and submit to the city engineer for
recordation the city's standard form Drainage Hold Harmless Agreement.
20.Developer shall cause property owner to apply for, execute, and submit, to the city
engineer for recordation, an Encroachment Agreement covering private storm drain
located over existing public water easement as shown on the site plan. Developer shall
pay processing fees per the city's latest fee schedule.
Grading
21.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
plans and technical studies/reports as required by city engineer, post security and pay all
applicable grading plan review and permit fees per the city's latest fee schedule.
Storm Water Quality
22.Developer shall comply with the city's Stormwater Regulations, latest version, and shall
implement best management practices at all times. Best management practices include
but are not limited to pollution control 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
Sept 20, 2023 Item #3 Page 16 of 114
devices to prevent or reduce the discharge of pollutants to stormwater, receiving water
or stormwater conveyance system to the maximum extent practicable. Developer shall
notify prospective owners and tenants of the above requirements.
23.Developer shall submit for city approval a Tier 3 Storm Water Pollution Prevention Plan
(TIER 3 SWPPP). The TIER 3 SWPPP shall comply with current requirements and provisions
established by the San Diego Regional Water Quality Control Board and City of Carlsbad
Requirements. The TIER 3 SWPPP shall identify and incorporate measures to reduce
storm water pollutant runoff during construction of the project to the maximum extent
practicable. Developer shall pay all applicable SWPPP plan review and inspection fees per
the city's latest fee schedule.
24.This project is subject to 'Priority Development Project' requirements and trash capture
requirements. Developer shall prepare and process an addendum to the Regional Storm
Water Quality Management Plan (SWQMP), SDP 15-26 for Legoland, subject to city
engineer approval, to comply with the Carlsbad BMP Design Manual latest version. The
• addendum shall incorporate the revisions together with trash capture measures that
shall be implemented for the easterly basin to comply with the Carlsbad BMP Design
Manual latest version. The final SWQMP addendum required by this condition shall be
reviewed and approved by the city engineer with final grading plans. Developer shall pay
all applicable SWQMP ·plan review and inspection fees per the city's latest fee schedule.
25.Developer is responsible to ensure that all final design plans (grading plans, improvement
plans, landscape plans, building plans, etc.) incorporate all source control, site design,
pollutant control BMP and applicable hydromodification measures.
26.Developer shall prepare a plan amendment to the appropriate as-built drawings to
incorporate trash capture requirements, to the satisfaction of the city engineer.
Dedications/Improvements
27.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
and larger) shall be inspected by the city. Developer shall pay the standard improvement
plan check and inspection fees for private drainage systems.
28.Prior to any work in city right-of-way or public easements, Developer shall apply for and
obtain a right-of-way permit to the satisfaction of the city engineer.
29.Developer is responsible to ensure utility transformers or raised water backflow
preventers that serve this development are located outside the right-of-way as shown on
the site plan and to the satisfaction of the city engineer. These facilities shall be
constructed within the property.
Sept 20, 2023 Item #3 Page 17 of 114
Utilities
30.Developer shall meet with the fire marshalto determine if fire protection measures (fire
flows, fire hydrant loc.ations, building sprinklers) are required to serve the project.
31.Developer shall design and agree to 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 discretion of the district or city engineer, wider easements may be required for
adequate maintenance, access and/or joint utility purposes.
32.The developer shall agree to design landscape and irrigation plans utilizing recycled water
as a source and prepare and submit a colored recycled water use map to the Planning
Department for processing and approval by the district engineer.
33.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
reflected on public improvement plans.
34.The developer shall agree to install sewer laterals and clean-outs at locations approved
by the city engineer. The locations of sewer laterals shall be reflected on public
improvement plans.
Code Reminders
The project is subject to all applicable provisions of local ordinances, including but not limited to
the following:
35.Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and
Section 13.10 of the City of Carlsbad Municipal Code, respecti_vely. The Average Daily Trips
(ADT) and floor area contained in the staff report and shown on the site plan are for
planning purposes only.
NOTICE TO APPLICANT
An appeal of this decision to the City Council must be filed with the City Clerk at 1200 Carlsbad
Village Drive, Carlsbad, California, 92008, within ten (10) calendar days of the date of the Planning
Commission's decision. Pursuant to Carlsbad Municipal Code Chapter 21.54, section 21.54:150,
the appeal must be in writing and state the reason(s) for the appeal. The City Council must make
a determination on the appeal prior to any judicial review.
NOTICE
Sept 20, 2023 Item #3 Page 18 of 114
Please take NOTICE that approval of your project includes the "imposition" of fees, dedications,
reservations, or other exactions hereafter collectively referred to for convenience as
"fees/exactions."
You have 90 days from date of final approval to protest imposition of these fees/exactions. If
you protest them, you must follow the protest procedure set forth in Government Code Section
66020(a), and file the protest and any other required information with the City Manager for
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow
that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul
their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES
NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning,
grading, or other similar application processing or service fees in connection with this project;
NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE
similar to this, or as to which the statute of limitations has previously otherwise expired.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on Sept. 20, 2023, by the following vote, to
wit:
AYES: Merz, Hubinger, Kamenjarin, Meenes, Sabellico, Stine
NAYES:
ABSENT:
ABSTAIN: Lafferty
PETER MERZ, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
ERIC LARDY
City Planner
Sept 20, 2023 Item #3 Page 19 of 114
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SDP 2021-0028, CDP 2021-0066 (DEV 2021-0256)
Legoland Parking Structure No. 2
SITE MAP
J
SITE!"^
Map generated on: 8/24/2023
Exhibit 2
Sept 20, 2023 Item #3 Page 20 of 114
PROJECT ANALYSIS
(GENERAL PLAN, MUNICIPAL CODE, AND OTHER REGULATIONS)
Exhibit 3
A. PROJECT ANALYSIS
The project is subject to the following regulations:
B. General Plan Visitor Commercial (VC) Land Use Designation
C. Commercial Tourist Zone (C-T) Zone (CMC Chapter 21.06); Qualified Development (Q)
Overlay Zone (CMC Chapter 21.29); and Coastal Resource Protection Overlay Zone (CMC
Chapter 21.203)
D. Carlsbad Ranch Specific Plan (SP 207(K))
E. Local Coastal Program (Mello II Segment)
F. McClellan-Palomar Airport Land Use Compatibility Plan
G. Growth Management Ordinance (CMC Chapter 21.90) and 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 within the sections below.
A. General Plan Visitor Commercial (VC) Land Use Designation
Planning Area 4 of the Carlsbad Ranch Specific Plan (Legoland) has a General Plan Land Use
designation of Visitor Commercial (VC). The VC land use designates areas for visitor attractions
and commercial uses that serve the travel and recreational needs of tourists and residents as
well as employees of business and industrial centers. Table A below indicates how the
development of the site under a VC land use designation complies with the elements of the
General Plan.
TABLE A – GENERAL PLAN COMPLIANCE
ELEMENT USE, CLASSIFICATION, GOAL,
OBJECTIVE, OR PROGRAM
PROPOSED USES &
IMPROVEMENTS COMPLY
Land Use &
Community
Design
Goal 2-G.10 – Promote
continued growth of visitor-
oriented land uses, and provide
enhanced opportunities for new
hotels and visitor-services in
desirable locations.
The project is the development
of an above-ground parking
structure that will increase
available parking to the entire
site, thus helping accommodate
future growth and accessibility
to the theme park and hotels.
Yes
Land Use &
Community
Design
Policy 2-P.23 – Sites designated
for “visitor commercial” uses
should generally be located near
major transportation corridors
and proximate to key
tourist/visitor draws, such as
The project supports the existing
Legoland theme park and is
adjacent to the Mar Brisa and
Grand Pacific Palisades Resorts,
The Crossings at Carlsbad golf
course, and the Cannon Road
Yes
Sept 20, 2023 Item #3 Page 21 of 114
PROJECT ANALYSIS
(GENERAL PLAN, MUNICIPAL CODE, AND OTHER REGULATIONS)
ELEMENT USE, CLASSIFICATION, GOAL,
OBJECTIVE, OR PROGRAM
PROPOSED USES &
IMPROVEMENTS COMPLY
hotels, the ocean, lagoons, the
Village, LEGOLAND and other
recreation venues, McClellan-
Palomar Airport, and businesses
in the Palomar Airport Road
corridor.
and Palomar Airport Road major
transportation corridors.
Mobility Goal 3-G.4 – Manage parking to
support all modes of
transportation and ensure
efficient use of land.
The parking structure will enable
Legoland to better manage
parking by increasing parking
availability, freeing up surface
spaces for larger vehicles, and
will support alternative modes
of transportation through the
inclusion of electric vehicle
spaces and bicycle parking.
Yes
Mobility Policy 3-P.38– Develop flexible
on-site vehicle parking
requirements including
innovative parking techniques,
effective TDM programs to
reduce parking demand, and
other means to efficiently
manage parking supply and
demand.
The project is intended to
manage parking supply and
demand more efficiently for
Legoland. The parking structure
includes at least ten percent of
the parking spaces for electric
vehicle and future electric
vehicle parking.
Yes
Mobility Policy 3-P.39 – Require new
employment development to
provide secure bicycle parking
on- site. Major employers should
provide shower and changing
rooms for employees as
appropriate.
The parking structure includes a
secured space for 61 bicycles.
Legoland provides
shower/changing facilities for
employees.
Yes
B. Commercial Tourist Zone (CMC Chapter 21.06); Qualified Development Overlay Zone
(CMC Chapter 21.29); Site Development Plan (Chapters 21.06); and Coastal Resource
Protection Overlay Zone (CMC Chapter 21.203)
Sept 20, 2023 Item #3 Page 22 of 114
PROJECT ANALYSIS
(GENERAL PLAN, MUNICIPAL CODE, AND OTHER REGULATIONS)
All properties within Planning Area 4 of the Carlsbad Ranch Specific Plan (Legoland) are zoned
Commercial Tourist with the Qualified Development Overlay (C-T-Q). The Q zone requires
approval of an SDP for new development. The intent of the overlay is to ensure that projects
will be compatible with surrounding development. As designed, no special considerations or
conditions other than compliance with city codes and regulations are necessary to ensure that
the project will be compatible with the existing development on adjacent properties.
The C-T zone establishes land uses that are appropriate for serving the tourist community and
their needs while visiting Carlsbad. The proposed parking structure is an accessory
use/structure to the Legoland's primary use as an amusement park. The parking structure is not
a primary use of the site as a parking facility, so a conditional use permit is not required. The
required findings for an SDP 2021-0028, with justification for each, are summarized below and
contained in the Planning Commission Resolution.
1. That the proposed development or use is consistent with the General Plan and any
applicable master plan or specific plan, complies with all applicable provisions of
Chapter 21.06 of the Carlsbad Municipal Code, and all other applicable provisions of
this code.
The project is a request for the construction of three-story parking structure within the
existing Legoland parking lot. The structure is an accessory use that supports the
Legoland California Resort. The parking structure is consistent with all applicable
requirements of the General Plan, Carlsbad Ranch Specific Plan and Carlsbad Municipal
Code (CMC).
2. That the requested development or use is properly related to the site, surroundings
and environmental settings, will not be detrimental to existing development or uses
or to development or uses specifically permitted in the area in which the proposed
development or use is to be located, and will not adversely impact the site,
surroundings or traffic circulation.
The proposed parking structure will be located along the east edge of the existing
parking lot, setback approximately 500 feet from Palomar Airport Road. It features an
understated, yet architecturally integrated, design rather than a Legoland themed
design. The structure will be constructed of durable, high quality building materials, will
include architectural enhancements, and will be finished in an earthtone color palette,
which will match or complement the existing parking structure adjacent to the north.
The combination of proposed landscaping with the retention of existing mature trees
and shrubs along The Crossings Drive will adequately screen and soften the parking
structure from off-site views. The structure is designed to follow the slope of the
existing grade. Sloping down from north to south consistent with the slope of the
adjacent street and existing landscaping berm, which will allow the structure to blend in
Sept 20, 2023 Item #3 Page 23 of 114
PROJECT ANALYSIS
(GENERAL PLAN, MUNICIPAL CODE, AND OTHER REGULATIONS)
with the surrounding environment. The project will provide adequate on- and off-site
access, circulation, and parking during and after construction.
3. That the site for the intended development or use is adequate in size and shape to
accommodate the use.
The subject site is adequate in size and shape to accommodate the proposed parking
structure. The proposed use complies with the required development and design
standards of the Carlsbad Ranch Specific Plan. No variances to standards are proposed.
4. That all yards, setbacks, walls, fences, landscaping, and other features necessary to
adjust the requested development or use to existing or permitted future development
or use in the neighborhood will be provided and maintained.
The project will function as a supporting accessory use to the primary Legoland
California Resort theme park use and is permitted by the Carlsbad Ranch Specific Plan's
allowed Commercial Tourist zone uses. The project has been designed in accordance
with the development and design standards of the Specific Plan and is compatible with
existing and potential future uses. The proposed parking structure will be set back from
The Crossings Drive approximately 30 feet, and adequate circulation, access aisles,
parking spaces, and landscaping will be provided and maintained. The structure's height
of 34 feet, 2 inches, is below the maximum 35-foot height limit. The proposed
architectural treatment, scale and massing, and screening landscape will ensure the
proposed parking structure is compatible with existing and potential future
development in the surrounding area.
5. That the street systems serving the proposed development or use is adequate to
properly handle all traffic generated by the proposed use.
Primary access to the site will continue to be provided from the existing parking area
accessed from Legoland Drive. The proposed parking structure is not a traffic generating
use. Therefore, there will be no impact on the existing street systems.
C. Carlsbad Ranch Specific Plan (207(K))
The subject site is located within Planning Area 4 (Legoland) of the Carlsbad Ranch Specific
Plan. As seen in Table B below, the proposed project complies with the development
standards and design guidelines contained in the Specific Plan. For the location of the
proposed parking structure, within the outer park, the Specific Plan specifies that a Site
Development Plan and Coastal Development Permit are required.
Sept 20, 2023 Item #3 Page 24 of 114
PROJECT ANALYSIS
(GENERAL PLAN, MUNICIPAL CODE, AND OTHER REGULATIONS)
TABLE B: SPECIFIC PLAN COMPLIANCE
STANDARDS REQUIRED/ALLOWED PROPOSED COMPL
Y
Building Height
General Building.
Allowed
Protrusions
35 feet
45 feet
34 feet-3 Inches
40 feet
Yes
Stories 3 stories
3 stories Yes
Building Setbacks
Legoland Drive
The Crossings Dr.
Palomar Airport
Rd.
North Perimeter
50 feet minimum
20 feet minimum
300 feet minimum
35 feet minimum
(Approximate)
1500 feet
30 feet
500 feet
800 feet
Yes
Architectural Design Parking structure shall be
located away from LEGO
Drive and Armada Drive.
Screened from public view to
the maximum extent
possible. Should use
landscape berms to reduce
apparent height of above
ground structures. Use
decorative screening, trellis
elements, vine planting to
screen each level and soften
the appearance of parking
structure.
The proposed parking
structure is the furthest
distance possible from
Legoland Drive and Armada
Drive. It is also located along
the edge of the park area,
rather than the center of the
parking lot. The combination
of existing and proposed
landscaping, with a design
that follows the slope of the
project area, will screen the
structure from public view to
the maximum extent possible.
Yes
Architectural Design
(continued)
Architectural treatment,
building materials and colors
shall be consistent with
surrounding buildings.
Should use architectural
treatment (e.g., moldings
and joints) to provide relief
on large walls.
The project proposes high
quality, durable materials of
concrete and plaster, with
architectural enhancements
including articulation,
trellises, cornices, column
caps, glazed tiles, and scored
reveals, etc. Decorative
elements and proposed
landscaping will soften the
appearance of the structure.
Yes
As noted previously, the parking structure is not a vehicle trip generator, and it does not
have a parking requirement. The structure's relation to the overall parking requirements is
provided in table C form below.
Sept 20, 2023 Item #3 Page 25 of 114
PROJECT ANALYSIS
(GENERAL PLAN, MUNICIPAL CODE, AND OTHER REGULATIONS)
TABLE C: PARKING
Use Building/Use
Area
Parking Standard Spaces Required Spaces Provided
Legoland Resort
Park
Auto
RV
Bus
Hotel I
Hotel II
38.7 acres Per SP 207(H)
80.08 spaces/ acre
Per SP 207(H)
Per SP 207(H)
Per SDP 96-
14(1)
Per SDP 15-26
3,696 total
See below
Employee Parking 600 II
Total Parking 4,296 4,919
Proposed Parking
Structure
1,174
Spaces Lost to
Parking Structure
Construction
<327>
Total Adjusted
Parking
5,766
Surplus Visitor
Spaces
5,766 - 4,296 = 1,470
D. Local Coastal Program (Mello II Segment)
The proposed site is in the Mello II Segment of the Local Coastal Program (LCP) and is within the
non-appealable jurisdiction of the California Coastal Commission. The site is also located within
and subject to the Coastal Resources Protection Overlay Zone. The project is consistent with the
relevant policies of the Mello II Segment of the LCP and the Coastal Resource Protection
Overlay Zone as discussed below.
1. Mello II Segment of the Certified Local Coastal Program and all applicable policies
The Specific Plan implements the intent of the Visitor Commercial (VC) General Plan Land Use
designation and LCP Land Use designation. The Carlsbad Ranch Specific Plan is the
implementing ordinance for, and is consistent with, the LCP. The proposed parking structure
will not result in any conflicts with the provisions of the LCP. Specific Mello II Land Use Policies
that are applicable to this site include Policy 1-1, Allowable Land Uses, and Policy 7-10, Parking.
The proposed project is consistent with Policy 1-1 because the parking structure is consistent
with provisions for on-site parking to support allowed uses in the Specific Plan and General Plan
Land Use designations as discussed above. Policy 7-10 addresses parking standards in the CMC.
Sept 20, 2023 Item #3 Page 26 of 114
PROJECT ANALYSIS
(GENERAL PLAN, MUNICIPAL CODE, AND OTHER REGULATIONS)
As noted previously, the parking structure will create additional parking in one area and result
in a net increase in the overall parking supply on the Legoland site. The project does not
preclude any recreational opportunities or shoreline access as the property is not located
adjacent to any waterways or bodies of water. The project will not obstruct views of the
coastline as seen from public lands or public rights-of-way.
2. Coastal Resource Protection Overlay Zone
The project is consistent with the provisions of the Coastal Resource Protection Overlay Zone
(CMC 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, BMP Design Manual and
Jurisdictional Runoff Management Program (JRMP) to avoid increased urban run-off, pollutants,
and soil erosion. No development is proposed in areas of natural steep slopes (25% gradient)
and no native vegetation is located on the subject property. In addition, the site is not located
in an area prone to landslides, or susceptible to accelerated erosion, floods, or liquefaction.
E. McClellan-Palomar Airport Land Use Compatibility Plan
The project site is located approximately one mile west of the airport. The site is within the
Airport Influence Area Review Area 1, and specifically the 60-65 CNEL noise contour for
McClellan-Palomar Airport. Automobile parking is deemed a compatible use within the 60-65
CNEL contour in the Airport Land Use Compatibility Plan, McClellan-Palomar Airport (ALUCP).
The ALUCP identifies that this type of use may be carried out without interference from aircraft
noise. The proposed project is located within the ALUCP Safety Zone 6, and the ALUCP identifies
parking structures as compatible uses within this zone.
Legoland is also within the Airport Overflight Notification Area, which requires recordation of
an overflight notification only for new residential uses. However, previous project approvals
required, and the developer recorded, a "Notice Concerning Aircraft Environmental Impacts"
for the theme park. Finally, the parking structure's maximum height does not exceed the
threshold for any notification to the Federal Aviation Administration (FAA). Per the FAA's Part
77, Subpart C, height standards shown in Exhibit 111-3 of the ALUCP, the project's proposed
height would need to exceed 481 feet above mean sea level (MSL) before notification to the
FAA would be required. The project proposes a height of no more than 160 feet above MSL so
FAA notification is not required.
H. Growth Management Ordinance (CMC Chapter 21.90) and Local Facilities Management
Plan Zone 13
The proposed project is located within Local Facilities Management Zone 13. The Carlsbad
Ranch Specific Plan was found to be in compliance with the Zone 13 Local Facilities
Management Plan when adopted and amended. The proposed parking structure is consistent
Sept 20, 2023 Item #3 Page 27 of 114
PROJECT ANALYSIS
(GENERAL PLAN, MUNICIPAL CODE, AND OTHER REGULATIONS)
with the Carlsbad Ranch Specific Plan and does not change the growth projections analyzed in
the Zone 13 Local Facilities Management Plan. No new facilities analysis is required and no
amendment to the facilities plan is necessary.
Sept 20, 2023 Item #3 Page 28 of 114
Exhibit 4
Sept 20, 2023 Item #3 Page 29 of 114
Sept 20, 2023 Item #3 Page 30 of 114
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Sept 20, 2023 Item #3 Page 34 of 114
15168 Exemption Checklist
Legoland Parking Structure
SDP 2021-0028/CDP 2021-0066 (DEV2021-0256) - 5 - 9/6/2023
4. Overview of Applicable CEQA Provisions and Findings
Under CEQA Guidelines Section 15168, Program EIR, a lead agency does not need to reevaluate
or recirculate an environmental document for a significant and unavoidable effect of a later activity
if that activity is within the scope of the plan or program and the impact was covered in the
Program EIR. However, when using tiering, as described in CEQA Guidelines §15152, the lead
agency needs to consider again the significant and unavoidable effects that were evaluated in a
previous EIR to assess if they could now be mitigated and, if not, to inform adoption of CEQA
findings and a statement of overriding considerations pursuant to CEQA Guidelines Sections
15091 and 15093.
CEQA Guidelines Section 15168(c)(4) recommends using a written checklist or similar device to
confirm whether the environmental effects of a subsequent activity were adequately covered in a
Program EIR. Accordingly, this section examines the Project’s potential environmental effects
within the parameters outlined in CEQA Guidelines Section 15168. The “Prior EIRs” (as defined
in CEQA Guidelines) is the City of Carlsbad, Carlsbad Ranch Specific Plan Program EIR,
inclusive of all impact determinations, significance thresholds and mitigation measures identified
therein. The evaluation builds from the Appendix G Environmental Checklist and has been
modified to reflect the parameters outlined in CEQA Guidelines Section 15168. The checkboxes
in the evaluation below indicate whether the proposed Project would result in environmental
impacts, as follows:
• New Significant Impact – The proposed Project would result in a new significant impact
that was not previously identified in the Program EIR.
• Substantial Increase in Severity of Previously Identified Significant Impact in
Program EIR – The proposed Project’s specific impact would be substantially greater than
the specific impact described in the Program EIR.
• Substantial Change Relative to Program EIR – The proposed Project would involve a
substantial change from analysis conducted in the Prior EIR.
• Equal or Less Severity of Impact than Previously Identified in Program EIR – The
severity of the specific impact of the proposed Project would be the same as or less than
the severity of the specific impact described in the Program EIR.
Sept 20, 2023 Item #3 Page 35 of 114
15168 Exemption Checklist
Legoland Parking Structure
SDP 2021-0028/CDP 2021-0066 (DEV2021-0256) - 6 - 9/6/2023
Significant
Project
Impact
Substantial
Increase in
Severity
Substantial
Change
Relative to
Program
Equal or
Less
Severity of
Impact
1. Aesthetics
– Would the Project:
a) Have a substantial adverse effect on a
scenic vista?
b) Substantially damage scenic resources,
including, but not limited to, trees, rock
outcroppings, and historic buildings within
a state scenic highway?
c) Substantially degrade the existing visual
character or quality of the site and its
surroundings?
d) Create a new source of substantial light
or glare, which would adversely affect day
or nighttime views in the area?
Discussion
The Project applicant is requesting a Site Development Plan and Coastal Development Permit for
the construction of an 1,174-space, four-story parking structure consisting of 387,338 square feet.
The proposed parking structure is being built on a site that is below the scenic vista and therefore
has a less than significant impact on the scenic vista. The new structure is consistent with the
overall planned building intensity, including height, and is within the geographic area analyzed for
environmental impacts, as described in the Program EIR. The structure is sited not to be visible
from Interstate 5, the nearest state scenic highway. The structure will preserve and take
advantage of existing mature trees and landscaping, and the project includes additional trees and
landscaping, to minimize any degradation to the existing visual character or quality of the site and
its surroundings.
The Program EIR evaluated potential impacts to Visual Aesthetics/grading (5.11-1) and
determined the following:
• No significant impact to visual aesthetics/grading has been identified for the specific plan
portion of the project.
The Program EIR determined that there was no impact on aesthetics related to the Project site.
No mitigation measures were required for the determination of less than significant impacts.
Furthermore, the Program EIR determined that the proposed project in conjunction with other
cumulative projects will not result in a significant cumulative visual aesthetics/grading impact.
Further environmental review is not required because there are no substantial changes proposed
in the Project (as envisioned by the Program EIR) or circumstances that will require major
revisions of the prior CEQA document due to the involvement of new significant effects or a
substantial increase in the severity of previously identified significant effects. There is no new
information, which was not known and could not have been known with the exercise of reasonable
diligence at the time the prior environmental document was certified/adopted.
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Conclusion
As discussed above, the Project would not result in any significant impacts to aesthetics; and as
studied in the Program EIR under Visual aesthetics/grading there are no remaining applicable
mitigation measures, and all impacts are less than significant. There are no scenic vistas within
the Project area; therefore, construction and operation of the proposed Project would have no
impact on scenic vistas.
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Significant
Project
Impact
Substantial
Increase in
Severity
Substantial
Change
Relative to
Program
Equal or
Less
Severity of
Impact
2. Agriculture/Forestry Resources
– Would the Project:
a) Convert Prime Farmland, Unique
Farmland, or Farmland of Statewide or
Local Importance as shown on the maps
prepared pursuant to the Farmland
Mapping and
b) Conflict with existing zoning for
agricultural use, or a Williamson Act
contract?
c) Conflict with existing zoning for, or
cause rezoning of, forest land (as defined
in Public Resources Code §12220(g)),
timberland (as defined by Public
Resources Code section 4526), or
timberland zoned Timberland Production
(as defined by Government Code
§51104(g))?
d) Result in the loss of forest land or
conversion of forest land to non-forest use?
e) Involve other changes in the existing
environment, which, due to their location
or nature, could result in conversion of
Important Farmland or other agricultural
resources, to non-agricultural use?
Discussion
The Program EIR did not evaluate potential impacts to agriculture. This proposed project is only
impacting existing surface parking. There are no potential impacts from any of the topics related
to the protection of Agriculture / Forestry Resources. The project site does not contain any Prime
Farmland, Unique Farmland, or Farmland of Statewide Importance as shown on the maps
prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources
Agency.
Further environmental review is not required because there are no substantial changes proposed
in the Project (as envisioned by the Program EIR) or circumstances that will require major
revisions of the prior CEQA document due to the involvement of new significant effects or a
substantial increase in the severity of previously identified significant effects. There is no new
information, which was not known and could not have been known with the exercise of reasonable
diligence at the time the prior environmental document was certified/adopted.
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Conclusion
As discussed above, the Project would not result in any significant impacts to agriculture and
forestry; therefore, the Project would not result in an impact which was not adequately evaluated
by the Program EIR. The Program EIR evaluated all land development anticipated through the
application of policies, regulations, and as logical parts of a long-term plan. Pursuant to CEQA
Guidelines Sections 15162 and 15168, the request to construct parking structure on existing
surface parking lot is within the scope of the Program EIR.
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Significant
Project
Impact
Substantial
Increase in
Severity
Substantial
Change
Relative to
Program
Equal or
Less
Severity of
Impact
3. Air Quality
– Would the Project:
a) Conflict with or obstruct implementation
of the applicable air quality plan?
b) Violate any air quality standard or
contribute substantially to an existing or
projected air quality violation?
c) Result in a cumulatively considerable
net increase of any criteria pollutant for
which the project region is non-attainment
under an applicable federal or state
ambient air quality standard (including
releasing emissions which exceed
quantitative thresholds for ozone
precursors)?
Discussion
The Project applicant is requesting a Site Development Plan and Coastal Development Permit
for the construction of an 1,174-space, four-story parking structure consisting of 387,338 square
feet.
The Carlsbad Ranch Specific Plan Program EIR and Amendment identified the project is located
in the San Diego Air Basin. The San Diego Air Basin is a non-attainment area for federal and
state air quality standards for ozone and state standard for particulate matter less than ten microns
in diameter (PM10). Air pollutants transported into the basin from the adjacent South Coast Air
Basin substantially contribute to the non-attainment conditions in the San Diego Air Basin.
The Program EIR evaluated potential impacts to air quality and determined the following:
• Potentially significant construction emissions are proportional to the size of the project
under construction and major development to occur over a 15-year time period.
• Long term development impacts are anticipated to consist mostly around mobile air
pollutant emissions.
• Mitigation measures for individual development projects will reduce the level of impact to
less than significant on individual development projects. Mitigation Measure 1(AQ) will still
apply and is currently implemented as follows:
o Provide preferential parking spaces for carpools and vanpools and provide 7’2”
minimum vertical clearance in parking facilities for van access unless surface
parking is provided for vans.
o Use energy-efficient low sodium parking lot lights*
o Schedule truck deliveries and pickups for off-peak hours.
o Require on-site truck loading zones.
o Require employers to provide commuter information areas.
*Parking structure to use higher-efficiency LED lighting
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Construction:
Construction of the Project would generate temporary air pollutant emissions. These impacts are
primarily associated with fugitive dust (PM10 and PM2.5) and exhaust emissions from heavy
construction vehicles. The modeling analysis of air pollutant emissions in the Program EIR
provided defaults for construction phasing, off-road equipment, dust from material movement,
demolition, average daily trips, on-road fugitive dust, etc. The Program EIR was certified on
January 6, 1996. Later in that same year, the Environmental Protection Agency (EPA)
implemented the first non-road diesel engine emissions standards (Tier 1 engines). Since then,
the EPA adopted a comprehensive national program to reduce emissions from nonroad
compression-ignition (diesel) engines by integrating engine and fuel controls. The California Air
Resources Board (CARB) received authorization from the EPA on September 13, 2013, to
enforce multiple tiers of engine and fuel control emissions standards. Tier 4 is in effect today and
is the strictest of all previous regulations, so all new prime power and portable diesel generators
are manufactured to meet this requirement. Tier 4 compliant engines significantly reduce
emissions of PM and oxides of nitrogen (NOx) to near zero levels. To meet new Tier 4 emission
standards, engine manufacturers must produce new engines with advanced emission control
technologies. Thus, the Program EIR’s modeling results provide a conservative estimate of air
pollutant emissions since it assumed a higher construction-related PM emission. Land use
development activities and all projects, including those associated with the proposed Project, are
now required to meet more stringent emissions limitations. In addition, in accordance with
SDAPCD’s recommended BMPs for construction emissions, which are recommended for all
projects, the Project would include BMPs such as watering down the dirt prior to excavation,
covering excavated dirt piles on the site and on transportation vehicles, limiting these activities to
smaller disturbed areas at a time, limiting the speed at which vehicles coming in and out of the
site, and providing wet vacuum street sweepers on adjacent public roads once a day in order to
decrease dust in the air, etc.
Operations:
The Project is consistent with the overall planned density and building intensity, geographic area
analyzed for environmental impacts, and covered infrastructure, as described in the Program EIR.
Therefore, the Project will not result in a new significant impact or substantially increase the
severity of a previously identified significant impact relative to the Program EIR.
The Project would increase the number of parking spaces available in the Legoland California
theme park to accommodate additional parking. The parking structure (Parking Structure #2) is
proposed in an area that already accommodates 327 surface parking spaces, with no electric
vehicle charging spaces. The proposed Project would construct 1,174 structure parking spaces,
including 59 electric vehicle spaces and 59 future electronic vehicle spaces. The Project would
generate minor emissions from the parking structure’s equipment operation. However, these
emissions would be limited to minor energy use for lighting. Parking lots themselves do not
generate vehicle trips. Although more vehicular trips would be accessing the subject site than
under the current conditions, it is assumed that these trips are merely being redistributed from
other nearby parking options, including surface parking within the Legoland California Resort
theme park. This activity does not exceed the SDAPCD significant thresholds for pollutants of
concern.
Despite the trend toward electric vehicle usage in the State of California, in general, parking
structures are considered hotspot microenvironments with elevated concentrations of traffic-
related air pollutants (CO and NO2). Although not studied in the Program EIR, this Checklist
evaluates the operations of the parking structure against the criteria listed above. “Open” and
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“enclosed” describe two different kinds of parking structures. Many parking structures are open
to the outside air which aids with natural ventilation. Those that are enclosed require additional
protection measures.to influence the supply-air source of the structure
• An open parking structure (designed for automobile storage with openings with more
than 40 percent of its perimeter) provide natural ventilation and reduces exposure to
traffic-related air pollutants. Parking structures must meet all of the requirements of
Section 406.5 of the California Building Code to be considered open. Ventilation other
than the percentage of openings specified are not required.
• An enclosed parking structure (a structure designed for automobile storage with
openings along less than 40 percent of its perimeter) requires mechanical ventilation to
control pollutants generated during normal operations and to remove smoke in the event
of a fire. The California Energy Code has requirements related to ventilation and fan
power, traffic-related air pollutant sensor placement and detection, control system logic,
and acceptance testing. Requirements for enclosed parking structures can be found in
Section 120.6(c) of the Energy Code. The ventilation rate must be at least 0.15 cfm/ft2
when the structure is scheduled to be occupied. Ventilation systems must automatically
detect contaminant levels and stage fans or modulate fan air flow rates.
The Project subject to this Checklist’s analysis proposes an open design concept. Should the
Project be redesigned or conditioned in such a way that it no longer meets the minimum
requirements for both area of openings and perimeter of openings to allow for natural ventilation,
implementation of the California Building Standards Code would ensure that the CO and NO2
levels are controlled or ventilated when concentrations approach unsafe levels. Further
environmental review is not required because there are no substantial changes proposed in the
Project (as envisioned by the Program EIR) or circumstances that will require major revisions of
the prior CEQA document due to the involvement of new significant effects or a substantial
increase in the severity of previously identified significant effects. There is no new information,
which was not known and could not have been known with the exercise of reasonable diligence
at the time the prior environmental document was certified/adopted.
Conclusion
The Program EIR evaluated all land development anticipated through the application of policies,
regulations, and as logical parts of a long-term plan. Pursuant to CEQA Guidelines Sections
15162 and 15168, the request to construct the parking structure is within the scope of the
previously-certified Program EIR, and there would be no additional impacts to air quality beyond
those analyzed in the Program EIR. The following environmental conditions of approval would
apply to the Project to implement requirements of the Program EIR Mitigation Measures: Air
Quality Mitigation Measure 1.
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Significant
Project
Impact
Substantial
Increase in
Severity
Substantial
Change
Relative to
Program
Equal or
Less
Severity of
Impact
4. Biological Resources
– Would the Project:
a) Have a substantial adverse effect,
either directly or through habitat
modifications, on any candidate, sensitive,
or special status species in local or
regional plans, policies, or regulations, or
by the California Department of Fish and
Wildlife or U.S. Fish and Wildlife Service?
b) Have a substantial adverse effect on
any riparian habitat or other sensitive
natural community identified in local or
regional plans, policies, regulations or by
the California Department of Fish and
Wildlife or US Fish and Wildlife Service?
c) Have a substantial adverse effect on
federally protected wetlands as defined by
Section 404 of the Clean Water Act
(including, but not limited to, marsh, vernal
pool, coastal, etc.) through direct removal,
filling, hydrological interruption, or other
means?
e) Conflict with any local policies or
ordinances protecting biological resources,
such as a tree preservation policy or
ordinance?
f) Conflict with the provisions of an
adopted Habitat Conservation Plan,
Natural Community Conservation Plan, or
other approved local, regional, or state
habitat conservation plan?
Discussion
The Project applicant is requesting a Site Development Plan and Coastal Development Permit
for the construction of an 1,174-space, four-story parking structure consisting of 387,338 square
feet.
The Program EIR evaluated potential impacts to biological resources and determined the
following:
• Sensitive Vegetation: Implementation of the proposed Specific Plan project impacted 9
acres of developed land, 452 acres of agriculture vegetation, 7.5 acres of Diegan coastal
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sage scrub, 2 acres of southern mixed chaparral, 1.1 acres of riparian scrub, and
approximately .03 acres of disturbed freshwater marsh.
• Sensitive Plants: No specific sensitive plants were found during the vegetation surveys on
the site.
• Animals: Sixteen avian species and one mammalian species were observed during the
site visits. The sensitive avian species the California Horned Lark was found during the
surveys.
• Direct impacts to the California Horned Lark will occur due to the removal of 88 percent of
the agricultural fields. This impact was not considered significant. No impacts were
determined to be significant to potentially occurring sensitive or listed animal species.
• Indirect impacts were determined to potentially occur during construction activities or
activities associated with the development operations. The impacts are considered to be
less than significant with mitigation; Mitigation Measures 3 through 6 (BIO).
The Project is consistent with the MHCP and HMP because the property is identified as
Urban/Developed. Mitigation Measures 1-2 (BIO) apply to landscape direct impacts and are not
applicable to the proposed Project. Mitigation Measure 3 (BIO) applied only to a pair of
gnatcatchers located on the municipal golf course during implementation of the Program EIR. All
project specific mitigation measures for the golf course were followed during construction, thus
Mitigation Measure 3 (BIO) is not applicable to the proposed Project. Mitigation Measures 4-6
(BIO) will be implemented in as much as it applies to the proposed Project.
The Project is consistent with the overall planned density and building intensity, geographic area
analyzed for environmental impacts, and covered infrastructure, as described in the Program EIR.
Therefore, the Project will not result in a new significant impact or substantially increase the
severity of a previously identified significant impact relative to the Program EIR.
Further environmental review is not required because there are no substantial changes proposed
in the Project (as envisioned by the Program EIR) or circumstances that will require major
revisions of the prior CEQA document due to the involvement of new significant effects or a
substantial increase in the severity of previously identified significant effects. There is no new
information, which was not known and could not have been known with the exercise of reasonable
diligence at the time the prior environmental document was certified/adopted.
Conclusion
The Program EIR evaluated all land development anticipated through the application of policies,
regulations, and as logical parts of a long-term plan. Pursuant to CEQA Guidelines Sections
15162 and 15168, the request to construct a parking structure on existing surface parking is within
the scope of the previously-certified Program EIR, and there would be no additional impacts to
biological resources beyond those analyzed in the Program EIR. The following environmental
conditions of approval would apply to the Project to implement requirements of the Program EIR
Mitigation Measures: Biology Mitigation Measures 3-6.
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Significant
Project
Impact
Substantial
Increase in
Severity
Substantial
Change
Relative to
Program
Equal or
Less
Severity of
Impact
5. Cultural Resources
– Would the Project:
a) Cause a substantial adverse change in
the significance of a historical resource as
defined in §15064.5?
b) Cause a substantial adverse change in
the significance of an archaeological
resource pursuant to §15064.5?
c) Disturb any human remains, including
those interred outside of dedicated
cemeteries?
Discussion
The Project applicant is requesting a Site Development Plan and Coastal Development Permit
for the construction of an 1,174-space, four-story parking structure consisting of 387,338 square
feet.
The Program EIR evaluated potential impacts to archeological (starting on 5.3) resources and
determined the following:
• The Specific Plan project would impact the following previously recorded sites within the
447.4 acre project site Previously recorded sites within the 447.4 acre project site include
CRL-1 (CA-SDI-1014), CA-SDI-6132 (SDM-W- 119), CA-SDI-6830 (SDM-W- 1890), CA-
SDI-8797 (SDM-W- 116), CA-SDI-10670 (SDM-W- 117), CA-SDI-10671 (SDM-W- 118),
CASDI-10672 (SDM-W-125), and CA-SDI-12814. Previous work conducted at sites within
the Carlsbad Ranch include: Gross (1987), Wade and Hector (1988), Schroth et al. (1990),
Gallegos and Kyle (1992) and Smith (in progress). All sites within the Carlsbad Ranch
have been tested to determine site significance/importance under City of Carlsbad and
California Environmental Quality Act (CEQA) Guidelines (Gallegos and Kyle 1992). Wade
and Hector (1988) tested CA-SDI-6830, CA-SDI- 6132 and CA-SDI-10671 (SDM-W-1 18),
as part of the proposed Cannon Road and Sewer Line Alignment.
• Paleontological Resources. Museum locality records did not document known fossil
locations. Fragments were found in Macario canyon.
The Program EIR identified construction of the entire project would result in significant impacts to
archeological (cultural) resources and identified four mitigation measures that would reduce
impacts to less than significant for cultural resources. Mitigation Measure 1-3 (CUL)do not apply
to the geography of the proposed project to construct a parking structure. Mitigation Measure 4
(CUL) applies and will be implemented during any project grading.
Impacts to paleontological resources were determined to be significant. Mitigation Measure 5
(CUL) was applied and reduced the mitigation to less than significant for the mass grading and
Mitigation Measure 6 (CUL) was for the work at the I-5/Cannon Road interchange. Both measures
were implemented and not applicable to the project grading at this site.
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The Project is consistent with the overall planned density and building intensity, geographic area
analyzed for environmental impacts, and covered infrastructure, as described in the Program EIR.
Therefore, the Project will not result in a new significant impact or substantially increase the
severity of a previously identified significant impact relative to the Program EIR.
Further environmental review is not required because there are no substantial changes proposed
in the Project (as envisioned by the Program EIR) or circumstances that will require major
revisions of the prior CEQA document due to the involvement of new significant effects or a
substantial increase in the severity of previously identified significant effects. There is no new
information, which was not known and could not have been known with the exercise of reasonable
diligence at the time the prior environmental document was certified/adopted. Mitigation Measure
4 (CUL) will be implemented as required by the Program EIR. An archaeologist and a
paleontologist will be retained prior to any grading activities. This satisfies the mitigation measure
in EIR 94-01. Additionally, a pre- excavation agreement with Luiseno tribe will be completed prior
to any grading activities on site to ensure proper handling of any culturally sensitive items and or
remains if found during grading activities.
Conclusion
The Program EIR evaluated all land development anticipated through the application of policies,
regulations, and as logical parts of a long-term plan. Pursuant to CEQA Guidelines Sections
15162 and 15168, the request to construct parking structure is within the scope of the previously-
certified Program EIR, and there would be no additional impacts to cultural resources beyond
those analyzed in the Program EIR.
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Significant
Project
Impact
Substantial
Increase in
Severity
Substantial
Change
Relative to
Program
Equal or
Less
Severity of
Impact
6. Energy Resources
– Would the Project:
a) Result in potentially significant
environmental impact due to wasteful,
inefficient, or unnecessary consumption of
energy resources, during project
construction or operation?
b) Conflict with or obstruct a state or local
plan for renewable energy or energy
efficiency?
Discussion
The Specific Plan will result in the generation of stationary source emissions in the region through
on-site consumption of energy (Le, lighting, water, and space heating and cooling. Stationary
sources include two types: point and area. Point sources are those which are at a specific site
that has one or two emission sources or at a facility with an identified location (e.g., power plant).
Area sources comprise many small emission sources (e.g., homes offices and shops) which do
not have specifically identified locations, but for which emissions can be calculated using per unit
standards. Please refer to the Air Quality analysis for more context and information about the
Program EIR’s analysis.
The Project would be required to comply with the 2015 Climate Action Plan (amended in 2020)
through the review of a Climate Action Plan checklist. This checklist contains measures that are
required to be implemented on a project-by-project basis to ensure that the specified emissions
targets identified in the Climate Action Plan (CAP) are achieved. Implementation of these
measures will ensure that new development is consistent with the CAP’s assumption for relevant
CAP strategies toward achieving the identified greenhouse gas reduction targets, which have
been developed since the approval and certification of the Program EIR.
The Project applicant is requesting a Site Development Plan and Coastal Development Permit
for the construction of an 1,174-space, four-story parking structure consisting of 387,338 square
feet.
The Project is consistent with the overall planned density and building intensity, geographic area
analyzed for environmental impacts, and covered infrastructure, as described in the Program EIR.
As a parking structure, the Project will have lower energy demands than buildings that are used
for other types of functions (office, retail, industrial, etc), and the Project will include an array of
photovoltaic panels above the top parking level which will provide a clean source of energy and
ensure any energy consumption is minimal. Therefore, the Project will not result in a new
significant impact or substantially increase the severity of a previously identified significant impact
relative to the Program EIR.
Further environmental review is not required because there are no substantial changes proposed
in the Project (as envisioned by the Program EIR) or circumstances that will require major
revisions of the prior CEQA document due to the involvement of new significant effects or a
substantial increase in the severity of previously identified significant effects. There is no new
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information, which was not known and could not have been known with the exercise of reasonable
diligence at the time the prior environmental document was certified/adopted.
Conclusion
As discussed above, the Project would not result in any significant impacts to energy; therefore,
the Project would not result in an impact which was not adequately evaluated by the Program
EIR. The Program EIR evaluated all land development anticipated through the application of
policies, regulations, and as logical parts of a long-term plan. Pursuant to CEQA Guidelines
Sections 15162 and 15168, the request to construct a parking structure is within the scope of the
previously-certified Program EIR.
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Significant
Project
Impact
Substantial
Increase in
Severity
Substantial
Change
Relative to
Program
Equal or
Less
Severity of
Impact
7. Geology and Soils Resources
– Would the Project:
a) Expose people or structures to potential
substantial adverse effects, including the
risk of loss, injury, or death involving: i)
Rupture of a known earthquake fault, as
delineated on the most recent Alquist-
Priolo Earthquake Fault Zoning Map issued
by the State Geologist for the area or based
on other substantial evidence of a known
fault? Refer to Division of Mines and
Geology Special Publication 42. ii) Strong
seismic ground shaking? iii) Seismic-
related ground Failure, including
liquefaction? iv) Landslides?
b) Result in substantial soil erosion or the
loss of topsoil?
c) Be located on a geologic unit or soil that
is unstable, or that would become unstable
as a result of the project, and potentially
result in on- or off-site landslide, lateral
spreading, subsidence, liquefaction or
collapse?
d) Be located on expansive soil, as defined
in Table 18-1-B of the Uniform Building
Code (1994), creating substantial risks to
life or property?
e) Have soils incapable of adequately
supporting the use of septic tanks or
alternative waste water disposal systems
where sewers are not available for the
disposal of waste water?
f) Directly or indirectly destroy a unique
paleontological resource or site or unique
geologic feature?
Discussion
The Program EIR evaluated potential impacts to Visual Impacts/Grading and determined that
there were no impacts. Applicable mitigation measures were related to the mass grading for the
original project and construction of the I-5 / Cannon Road ramps.
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The Project applicant is requesting a Site Development Plan and Coastal Development Permit for
the construction of an 1,174-space, four-story parking structure consisting of 387,338 square feet.
The Project is consistent with the overall planned density and building intensity, geographic area
analyzed for environmental impacts, and covered infrastructure, as described in the Program EIR.
Therefore, the Project will not result in a new significant impact or substantially increase the
severity of a previously identified significant impact relative to the Program EIR. The proposed
Project will have 4,070 cubic yards of grading with 1,020 of [fill/export]. The Project is proposed
on existing surface parking, therefore grading impacts are limited.
Further environmental review is not required because there are no substantial changes proposed
in the Project (as envisioned by the Program EIR) or circumstances that will require major
revisions of the prior CEQA document due to the involvement of new significant effects or a
substantial increase in the severity of previously identified significant effects. There is no new
information, which was not known and could not have been known with the exercise of reasonable
diligence at the time the prior environmental document was certified/adopted.
Conclusion
As discussed above, the Project would not result in any significant impacts to geology and soils;
therefore, the Project would not result in an impact which was not adequately evaluated by the
Program EIR. The Program EIR evaluated all land development anticipated through the
application of policies, regulations, and as logical parts of a long-term plan. Pursuant to CEQA
Guidelines Sections 15162 and 15168, the request to construct a parking structure is within the
scope of the previously-certified Program EIR.
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Significant
Project
Impact
Substantial
Increase in
Severity
Substantial
Change
Relative to
Program
Equal or
Less
Severity of
Impact
8. Greenhouse Gas Emissions
Resources
– Would the Project:
a) Generate greenhouse gas emissions,
either directly or indirectly, that may have a
significant impact on the environment?
b) Conflict with an applicable plan, policy or
regulation adopted for the purpose of
reducing the emissions of greenhouse
gas?
Discussion
The Project applicant is requesting a Site Development Plan and Coastal Development Permit for
the construction of an 1,174-space, four-story parking structure consisting of 387,338 square feet.
The EIR did not include an analysis of Greenhouse Gas emissions as a topic area.
The Project would be required to comply with the 2015 Climate Action Plan (amended in 2020)
through the review of a Climate Action Plan checklist. This checklist contains measures that are
required to be implemented on a project-by-project basis to ensure that the specified emissions
targets identified in the Climate Action Plan (CAP) are achieved. Implementation of these
measures will ensure that new development is consistent with the CAP’s assumption for relevant
CAP strategies toward achieving the identified greenhouse gas reduction targets, which have
been developed since the approval and certification of the Program EIR. Therefore, the first step
in determining a project’s consistency with the CAP is to measure the density and intensity of the
land use development application. If a project is consistent with the growth projections in the CAP,
its associated growth in terms of GHG emissions was accounted for in the CAP’s business-as-
usual projection and is within the scope of the CAP’s analysis and program of measures that
contribute towards reducing overall communitywide GHG emissions below identified GHG
targets. Projects that are consistent with the existing General Plan land use designation may
incorporate by reference the CAP's cumulative GHG analysis.
The Project is consistent with the overall planned density and building intensity as described in
the General Plan. The addition of parking does not generate trips. The nearby Legoland California
Resort theme park uses generate trips. The new parking structure is anticipated to provide an
alternate parking option to those currently parking in other areas of the theme park. The parking
structure could reduce vehicle emissions and congestion by eliminating the need for additional
travel time to search for a parking space. Therefore, there would be no net increase in greenhouse
gas emissions as a result of parking structure operations.
As described above, the Project would not result in a cumulatively considerable contribution to
global climate change. As such, the Project would be consistent with city goals and policies
included in the General Plan that address greenhouse gas reductions. Therefore, the Project
would be consistent with emissions reduction targets of Assembly Bill 32, the Global Warming
Solutions Act, and Senate Bill 32. Thus, the Project would not conflict with any applicable plan,
policy or regulation adopted for the purpose of reducing emissions of greenhouse gas emissions.
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The Program EIR evaluated potential impacts to greenhouse gas emissions and determined that
there were no impacts. No mitigation measures were required for the determination of less than
significant impacts. The Project is consistent with the overall planned density and building
intensity, geographic area analyzed for environmental impacts, and covered infrastructure, as
described in the Program EIR. Therefore, the Project will not result in a new significant impact or
substantially increase the severity of a previously identified significant impact relative to the
Program EIR.
Greenhouse gas emissions are listed as less than significant impact, mostly due to what
emissions would be released during the construction period, which is estimated to be 11 months.
For construction of the proposed Project, greenhouse gas emissions would be emitted over the
11-month construction period. No GHG impacts are anticipated as a result from the construction
and operation of the parking facility. Therefore, the Project would not generate gas emission that
would have significant impact on the environment and would not conflict with any applicable plan,
policy or regulation.
Further environmental review is not required because no substantial changes are proposed in the
Project (as envisioned by the Program EIR) or circumstances that will require major revisions of
the prior CEQA document due to the involvement of new significant effects or a substantial
increase in the severity of previously identified significant effects. There is no new information,
which was not known and could not have been known with the exercise of reasonable diligence
at the time the prior environmental document was certified/adopted.
Conclusion
As discussed above, the Project would not result in any significant impacts to greenhouse gas;
therefore, the Project would not result in an impact which was not adequately evaluated by the
Program EIR. The Program EIR evaluated all land development anticipated through the
application of policies, regulations, and as logical parts of a long-term plan. Pursuant to CEQA
Guidelines Sections 15162 and 15168, the request to parking structure is within the scope of the
previously-certified Program EIR.
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Significant
Project
Impact
Substantial
Increase in
Severity
Substantial
Change
Relative to
Program
Equal or
Less
Severity of
Impact
9. Hazardous and Hazardous Materials
Resources
– Would the Project:
a) Create a significant hazard to the public
or the environment through the routine
transport, use, or disposal of hazardous
materials?
b) Create a significant hazard to the public
or the environment through reasonably
foreseeable upset and accident conditions
involving the release of hazardous
materials into the environment?
c) Emit hazardous emissions or handle
hazardous or acutely hazardous materials,
substances, or waste within one-quarter
mile of an existing or proposed school?
d) Be located on a site which is included on
a list of hazardous materials sites compiled
pursuant to Government Code Section
65962.5 and, as a result, would it create a
significant hazard to the public or the
environment?
e) For a project located within an airport
land use plan or, where such a plan has not
been adopted, within two miles of a public
airport or public use airport, would the
project result in a safety hazard for people
residing or working in the project area?
f) Impair implementation of or physically
interfere with an adopted emergency
response plan or emergency evacuation
plan?
g) Expose people or structures to a
significant risk of loss, injury or death
involving wildland fires, including where
wildlands are adjacent to urbanized areas
or where residences are intermixed with
wildlands?
Discussion
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The Project applicant is requesting a Site Development Plan and Coastal Development Permit for
the construction of an 1,174-space, four-story parking structure consisting of 387,338 square feet.
The Program EIR evaluated potential impacts to hazardous and hazardous materials and
determined the following:
• Based on soil samples, there were near surface soils and contaminants within proximity,
but no proximity
• Evidence of surface staining and possible contamination was observed, but no significant
levels were identified from testing.
• Implementation results in an increased number of persons being located on the site,
therefore Mitigation Measures 1-4 (HAZ) were established for testing and reporting during
all soil development and grading activities.
Mitigation Measures 1-4 (HAZ) apply to this project.
The Project is consistent with the overall planned density and building intensity, geographic area
analyzed for environmental impacts, and covered infrastructure, as described in the Program EIR.
Therefore, the Project will not result in a new significant impact or substantially increase the
severity of a previously identified significant impact relative to the Program EIR.
Further environmental review is not required because there are no substantial changes proposed
in the Project (as envisioned by the Program EIR) or circumstances that will require major
revisions of the prior CEQA document due to the involvement of new significant effects or a
substantial increase in the severity of previously identified significant effects. There is no new
information, which was not known and could not have been known with the exercise of reasonable
diligence at the time the prior environmental document was certified/adopted.
Conclusion
The Program EIR evaluated all land development anticipated through the application of policies,
regulations, and as logical parts of a long-term plan. Pursuant to CEQA Guidelines Sections
15162 and 15168, the request to construct a parking structure is within the scope of the
previously-certified Program EIR, and there would be no additional impacts hazardous and
hazardous materials resources beyond those analyzed in the Program EIR. The following
environmental conditions of approval would apply to the Project to implement requirements of the
Program EIR Mitigation Measures 1-4 (HAZ).
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Significant
Project
Impact
Substantial
Increase in
Severity
Substantial
Change
Relative to
Program
Equal or
Less
Severity of
Impact
10. Hydrology and Water Quality
Resources
– Would the Project:
a) Violate any water quality standards or
waste discharge requirements?
b) Substantially decrease groundwater
supplies or interfere substantially with
groundwater recharge such that the project
may impede sustainable groundwater
management of the basin?
c) Substantially alter the existing drainage
pattern of the site or area, including through
the alteration of the course of a stream or
river or through the addition of impervious
surfaces, in a manner which would: i) result
in a substantial erosion or siltation on- or
off-site; ii) substantially increase the rate or
amount of surface runoff in a manner which
would result in flooding on- or offsite; iii)
create or contribute runoff water which
would exceed the capacity of existing or
planned stormwater drainage systems or
provide substantial additional sources of
polluted runoff; or iv) impede or redirect
flood flows?
d) In flood hazard, tsunami, or seiche
zones, risk release of pollutants due to
project inundation?
e) Conflict with or obstruct implementation
of a water quality control plan or
sustainable groundwater management
plan?
f) Impair implementation of or physically
interfere with an adopted emergency
response plan or emergency evacuation
plan?
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Discussion
The Project applicant is requesting a Site Development Plan and Coastal Development Permit for
the construction of an 1,174-space, four-story parking structure consisting of 387,338 square feet.
The proposed Project will have 4070 cubic yards of grading with 1020 of [fill/export]. The Project
is proposed on existing surface parking, therefore grading impacts are limited.
The Program EIR Did not identify any impacts to hydrology and water quality (Section 5.12) in the
grading and other work required for the construction of the proposed project. The EIR concluded
that impacts to water quality were less than significant and that the proposed drain systems were
adequate to direct runoff away from Agua Hedionda Lagoon. Best management practices during
project construction are required to be implemented due to existing regulatory framework and
design.
Additionally, based on the Drainage Study for this project, completed February 2023, and the
calculations presented therein, the proposed development will not pose any hydrologic conditions
of concern when released to the existing public storm drain system. The proposed conditions will
maintain the runoff entering the replaced curb inlet structures at POC 1 and POC 2. This project
will maintain and slightly reduce the rate at which storm water will discharge from the site. The
proposed offsite redirection of flows will not pose concern to existing storm drain systems. Basin
3 flows to the existing biofiltration basin constructed for the parking structure to the north. The
existing basin has the capacity to accept the small amount of area being redirected into the basin
conveyed via brow ditch.
Basin 4 encompasses the small area which is redirected from the proposed parking structure
frontage and into The Crossings Drive. This existing area ultimately drains to the same storm
drain network as it will in the proposed conditions, therefore will not create an impact to the
existing storm drain network on The Crossings Drive. (Drainage Study)
According to the LEGOLAND Regional Water Quality and Hydromodification BMP report (SDP
15-26/CDP15-50, dated 6/30/18) the regional water quality and hydromodification facility adjacent
to Palomar Airport Road can treat up to 45.766 acres of additional equivalent area for water quality
purposes and up to 72.771 acres of additional equivalent area for hydromodification purposes.
After inclusion of LEGOLAND 2020 in 2/21/19, the remaining equivalent area for water quality is
44.63 acres and the remaining equivalent area for hydromodification is 71.635 acres.
The Legoland Parking Structure #2 will be constructed within the DMA of the Regional Biofiltration
Basin. The equivalent area of the LEGOLAND Parking Structure #2is 2.24 acres. The remaining
equivalent area for water quality will reduce to 42.39 acres and the remaining equivalent area for
hydromodification is 69.395 acres.
The State Water Resources Control Board is responsible for implementing the Clean Water Act
and has issued a statewide General Permit for construction, which acts to minimize pollutant
runoff to surface waters and groundwater. The Regional Water Quality Control Board is the
regional entity facilitating regional implementation and has issued a Municipal Stormwater
National Pollutant Discharge Elimination System (NPDES) permit to San Diego County and its 18
cities. The NPDES permit applies to development projects and establishes runoff requirements.
The city’s coverage under the NPdES requires compliance with the Clean Water Program to
protect water quality, which includes implementing best management practices (BMP) to control
runoff pollutants and guidance on Low Impact Development (LID) to management stormwater on
site. Further, these requirements for stormwater control under the NPDES permit are integrated
into the Municipal Code. The Project applicant has provided a Stormwater Management Plan
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(SWMP) which demonstrates that the Project would comply with all requirements, required to
implement site design measures, source control BMPs, and/or treatment control BMPs to reduce
potential pollutants to the maximum extent practicable. These measures will enable the Project
to meet waste discharge requirements as required.
The Project is consistent with the overall planned density and building intensity, geographic area
analyzed for environmental impacts, and covered infrastructure, as described in the Program EIR.
Therefore, the Project will not result in a new significant impact or substantially increase the
severity of a previously identified significant impact relative to the Program EIR.
Further environmental review is not required because there are no substantial changes proposed
in the Project (as envisioned by the Program EIR) or circumstances that will require major
revisions of the prior CEQA document due to the involvement of new significant effects or a
substantial increase in the severity of previously identified significant effects. There is no new
information, which was not known and could not have been known with the exercise of reasonable
diligence at the time the prior environmental document was certified/adopted
Conclusion
The Program EIR evaluated all land development anticipated through the application of policies,
regulations, and as logical parts of a long-term plan. Pursuant to CEQA Guidelines Sections
15162 and 15168, the request to construct a parking structure is within the scope of the
previously-certified Program EIR, and there would be no additional impacts to hydrology and
water quality beyond those analyzed in the Program EIR.
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Significant
Project
Impact
Substantial
Increase in
Severity
Substantial
Change
Relative to
Program
Equal or
Less
Severity of
Impact
11. Land Use and Planning
– Would the Project:
a) Physically divide an established
community?
b) Cause a significant environmental
impact due to a conflict with any land use
plan, policy, or regulation adopted for the
purpose of avoiding or mitigating an
environmental effect?
Discussion
The Project applicant is requesting a Site Development Plan and Coastal Development Permit for
the construction of an 1,174-space, four-story parking structure consisting of 387,338 square feet.
The Program EIR evaluated potential impacts to land use and determined the following:
• There is not a compatibility issue with the proposed land uses as applied by the Carlsbad
Ranch Specific Plan internally or with adjacent land uses
• Implementation of the Specific Plan Amendment required a General Plan Amendment to
change the land uses to the existing land uses. The land use amendments were generally
consistent with the prior land uses on the project site.
• The Open Space area was greater or equal to the area depicted on the official Open
Space and Conservation Map
• The project was consistent with the Local Coastal Plan Amendment (Mello II and Agua
Hedionda Segments). Subsequent changes were required for the project through the
Coastal Commission and the Specific Plan Amendments were approved by the Coastal
Commission on July 13, 2016.
• The Specific Plan is consistent with the McClellan-Palomar Airport Influence Area and
Plan.
There is a mitigation measure (Mitigation Measure 1 (LUP)), that all future development shall be
reviewed for consistency with the specific plan, including related discretionary actions. The
proposed Project to construct a parking structure is consistent with the Specific Plan, and the
application for a Site Development Plan and Coastal Development permit are the required permits
consistent with the structure established by the Specific Plan. With this mitigation measure, it was
determined there was no significant impact to any land use document or required findings.
Further environmental review is not required because there are no substantial changes proposed
in the Project (as envisioned by the Program EIR) or circumstances that will require major
revisions of the prior CEQA document due to the involvement of new significant effects or a
substantial increase in the severity of previously identified significant effects. There is no new
information, which was not known and could not have been known with the exercise of reasonable
diligence at the time the prior environmental document was certified/adopted. Any additional
subsequent implementation of the Specific Plan will require continued application of this mitigation
measure.
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Conclusion
The Program EIR evaluated all land development anticipated through the application of policies,
regulations, and as logical parts of a long-term plan. Pursuant to CEQA Guidelines Sections
15162 and 15168, the request to construct a parking structure is within the scope of the
previously-certified Program EIR, and there would be no additional impacts to land use and
housing beyond those analyzed in the Program EIR.
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Significant
Project
Impact
Substantial
Increase in
Severity
Substantial
Change
Relative to
Program
Equal or
Less
Severity of
Impact
12. Mineral Resources
– Would the Project:
a) Result in the loss of availability of a
known mineral resource that would be of
value to the region and the residents of the
state?
b) Result in the loss of availability of a
locally-important mineral resource
recovery site delineated on a local general
plan, specific plan or other land use plan?
Discussion
The Project applicant is requesting a Site Development Plan and Coastal Development Permit for
the construction of an 1,174-space, four-story parking structure consisting of 387,338 square feet.
The proposed project is entirely within existing surface parking area and grading impacts are
limited. The Project is consistent with the overall planned density and building intensity,
geographic area analyzed for environmental impacts, and covered infrastructure, as described in
the Program EIR. Therefore, the Project will not result in a new significant impact or substantially
increase the severity of a previously identified significant impact relative to the Program EIR.
Further environmental review is not required because there are no substantial changes proposed
in the Project (as envisioned by the Program EIR) or circumstances that will require major
revisions of the prior CEQA document due to the involvement of new significant effects or a
substantial increase in the severity of previously identified significant effects. There is no new
information, which was not known and could not have been known with the exercise of reasonable
diligence at the time the prior environmental document was certified/adopted.
Conclusion
As discussed above, the Project would not result in any significant impacts to mineral resources;
therefore, the Project would not result in an impact which was not adequately evaluated by the
Program EIR. The Program EIR evaluated all land development anticipated through the
application of policies, regulations, and as logical parts of a long-term plan. Pursuant to CEQA
Guidelines Sections 15162 and 15168, the request to construct a parking structure is within the
scope of the previously-certified Program EIR.
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Significant
Project
Impact
Substantial
Increase in
Severity
Substantial
Change
Relative to
Program
Equal or
Less
Severity of
Impact
13. Noise
– Would the Project:
a) Generation of a substantial temporary or
permanent increase in ambient noise levels
in the vicinity of the project in excess of
standards established in the local general
plan or noise ordinance, or applicable
standards of other agencies?
b) Generation of excessive ground borne
vibration or ground borne noise levels?
c) For a project located within the vicinity of
a private airstrip or an airport land use plan
or, where such a plan has not been
adopted, within two miles of a public airport
or public use airport, would the project
expose people residing or working in the
project area to excessive noise levels?
Discussion
The Project applicant is requesting a Site Development Plan and Coastal Development Permit for
the construction of an 1,174-space, four-story parking structure consisting of 387,338 square feet.
The Program EIR evaluated potential impacts to noise and determined the following:
• Construction noise from short term equipment and vehicles is considered less than
significant because no substantial noise-sensitive uses are within or adjacent to the
specific plan area
• Longer term traffic, operation noise was studied and no impacts or inconsistencies with
the city’s General Plan was identified.
• Airport noise operations at McClellan-Palomar Airport are within the area. The
development of uses are consistent with what is allowed in the airport’s noise contours.
Mitigation Measures 1 and 2 were provided with specific standards for hotel uses and for
a deed restriction notification for the project. Mitigation Measure 1 (NOI) does not apply
to the proposed project and measure 2 (NOI) has been completed.
• Cumulative noise impacts were considered less than significant since existing
regulations and requirements of the City of Carlsbad, other public agencies, and the
state designed to reduce noise impacts will be applied to development on a project-by-
project basis.
The Project is consistent with the overall planned density and building intensity, geographic area
analyzed for environmental impacts, and covered infrastructure, as described in the Program EIR.
Therefore, the Project will not result in a new significant impact or substantially increase the
severity of a previously identified significant impact relative to the Program EIR.
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Noise impacts from the project would consist of those temporarily generated during construction-
related activities. Construction would comply with the City of Carlsbad’s Noise Ordinance which
limits construction to Monday-Friday from 7:00 A.M. to 6:00 P.M. and on Saturdays from 8:00
A.M. to 6:00 P.M. No construction would be allowed on Sundays or on any holidays. Due to
complying with these ordinances, noise level increase from construction would not cause
excessive exposure to persons outside of the limits of the Noise Ordinance. The proposed project
is within the 60 dB CNEL noise contours based on the 2010 Airport Land Use Compatibility Plan.
This is a consistent with the Program EIR, and a reduction from the estimate based upon the 2004
noise contour of 65 dB CNEL Operational noise levels associated with the Project would not
increase as traffic noise is anticipated to remain at the same level as existing levels. The traffic
noise levels without the proposed Project would be considered the ambient. The traffic noise
levels with the proposed project is predicted to be the same as without the proposed Project.
Therefore, construction and operational noise would be less than significant.
Further environmental review is not required because there are no substantial changes proposed
in the Project (as envisioned by the Program EIR) or circumstances that will require major
revisions of the prior CEQA document due to the involvement of new significant effects or a
substantial increase in the severity of previously identified significant effects. There is no new
information, which was not known and could not have been known with the exercise of reasonable
diligence at the time the prior environmental document was certified/adopted.
Conclusion
The Program EIR evaluated all land development anticipated through the application of policies,
regulations, and as logical parts of a long-term plan. Pursuant to CEQA Guidelines Sections
15162 and 15168, the request to construct a parking structure is within the scope of the
previously-certified Program EIR, and there would be no additional impacts to noise beyond those
analyzed in the Program EIR.
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Significant
Project
Impact
Substantial
Increase in
Severity
Substantial
Change
Relative to
Program
Equal or
Less
Severity of
Impact
14. Population and Housing
– Would the Project:
a) Induce substantial unplanned population
growth in an area, either directly (for
example, by proposing new homes and
businesses) or indirectly (for example,
through extension of roads or other
infrastructure)?
b) Displace substantial numbers of
existing people or housing, necessitating
the construction of replacement housing
elsewhere?
Discussion
The Project applicant is requesting a Site Development Plan and Coastal Development Permit for
the construction of an 1,174-space, four-story parking structure consisting of 387,338 square feet.
The Program EIR did not identify any impacts to Population and Housing. The Project would
increase the number of parking spaces available in the Legoland California theme park to
accommodate additional parking. The proposed parking structure (Parking Structure #2) is
proposed in an area that already accommodates 327 surface parking spaces, with no electric
vehicle charging spaces and no bicycle parking facilities. The proposed Project would construct
1,174-structure-parking spaces, including 59 electric vehicle spaces, 59 future electric vehicle
spaces, and long-term bicycle parking for 61 bicycles. The proposed Project would incorporate
the parking structure into the existing parking area configuration and would incorporate pedestrian
access points from the parking structure to the theme park. Although a portion of the existing
surface parking lot near the northwest corner of Palomar Airport Road and The Crossings Drive
would be closed during construction, it would be temporary and the surrounding parking areas
would remain and they would interrelate with each other as they do currently. The Project to
construct a parking structure is within a planning area where residential uses are not allowed and
is not displacing any uses. The parking structure would provide an alternate parking option for
vehicles already coming to the area for the Legoland California Resort theme park. Therefore, the
proposed Project accommodates the need for additional parking in a built-out area and the Project
does not propose improvements that would result in population growth either directly or indirectly.
The project would not result in any changes to the existing employment and housing conditions.
Further environmental review is not required because there are no substantial changes proposed
in the Project (as envisioned by the Program EIR) or circumstances that will require major
revisions of the prior CEQA document due to the involvement of new significant effects or a
substantial increase in the severity of previously identified significant effects. There is no new
information, which was not known and could not have been known with the exercise of reasonable
diligence at the time the prior environmental document was certified/adopted.
Conclusion
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As discussed above, the Project would not result in any significant impacts to population and
housing; therefore, the Project would not result in an impact which was not adequately evaluated
by the Program EIR. The Program EIR evaluated all land development anticipated through the
application of policies, regulations, and as logical parts of a long-term plan. Pursuant to CEQA
Guidelines Sections 15162 and 15168, the request to construct a parking structure is within the
scope of the previously-certified Program EIR.
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Significant
Project
Impact
Substantial
Increase in
Severity
Substantial
Change
Relative to
Program
Equal or
Less
Severity of
Impact
15. Public Services
– Would the Project:
a) Result in substantial adverse physical
impacts associated with the provision of
new or physically altered governmental
facilities, need for new or physically altered
governmental facilities, the construction of
which could cause significant
environmental impacts, in order to maintain
acceptable service ratios, response times
or other performance objectives for any of
the public services: Fire protection? Police
protection? Schools? Parks? Other public
facilities?
Discussion
The Carlsbad Ranch Specific Plan is located within Carlsbad’s Local Facilities Management
Zones 5 and 13. This project is entirely within Zone 13.
The Program EIR summarized impacts to fire protection services, police protection services,
sewer and wastewater services, schools, water supply, and water demand in section 5.9. Solid
waste was also studied under section 5.10.
The Program EIR evaluated potential impacts to public facilities and determined the following:
• Impacts to fire protection, wastewater, and schools were less than significant with existing
regulatory framework.
• Police protection services was less than significant with Mitigation Measure 1 (PS) that
developers will submit security plans for review and approval by the Carlsbad Police
Department prior to Site Development Plan approval. This mitigation measure applies to
this and all subsequent projects.
• Impacts to water supply are potentially significant. Mitigation Measures 1 and 2 (PS) are
required to utilize reclaimed water to the extent feasible and dual plumbing required for all
buildings to the extent feasible.
The Carlsbad Fire Department (CFD) provides fire protection, fire suppression, paramedic
ambulance service, search and rescue, fire prevention inspections/permits, public fire education
programs, emergency preparedness planning, and other services based on community needs.
During the construction of the Project, emergency access would be maintained, in accordance
with the construction logistics plan. Furthermore, site plans would be subject to review by the
Building Division and the CFD to ensure adequate emergency access to the site. The proposed
parking structure would comply with regulations of the California Fire Code, which establishes
requirements pertaining to fire protection systems, including the provision of state mandated
alarms, fire alarms and sprinkler systems, fire extinguishers, appropriate building access and
emergency response notification systems.
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The parking structure use would not significantly affect the capability of the police department to
provide police protection to the project site and would not significantly impact the performance
standards. The project would not affect any existing or planned public recreation facilities,
schools, or other public facilities. The construction of the parking structure would not increase the
demand for facilities, and would not require the expansion of existing facilities or construction of
new facilities. Further environmental review is not required because there are no substantial
changes proposed in the Project (as envisioned by the Program EIR) or circumstances that will
require major revisions of the prior CEQA document due to the involvement of new significant
effects or a substantial increase in the severity of previously identified significant effects. There is
no new information, which was not known and could not have been known with the exercise of
reasonable diligence at the time the prior environmental document was certified/adopted.
Conclusion
As discussed above, the Project would not result in any significant impacts to public services;
therefore, the Project would not result in an impact which was not adequately evaluated by the
Program EIR. The Program EIR evaluated all land development anticipated through the
application of policies, regulations, and as logical parts of a long-term plan. Pursuant to CEQA
Guidelines Sections 15162 and 15168, the request to construct a parking structure is within the
scope of the previously-certified Program EIR.
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Significant
Project
Impact
Substantial
Increase in
Severity
Substantial
Change
Relative to
Program
Equal or
Less
Severity of
Impact
16. Recreation
– Would the Project:
a) Would the project increase the use of
existing neighborhood and regional parks
or other recreational facilities such that
substantial physical deterioration of the
facility would occur or be accelerated?
b) Does the project include recreational
facilities or require the construction or
expansion of recreational facilities which
might have an adverse physical effect on
the environment?
Discussion
The Project applicant is requesting a Site Development Plan and Coastal Development Permit for
the construction of an 1,174-space, four-story parking structure consisting of 387,338 square feet.
The increase in demand for parks and recreational facilities associated with population growth
and development was considered in the Program. The Carlsbad Ranch Specific Plan provides for
a large mix of uses but does not provide for residential uses. The Project is consistent with the
projected build out analyzed in the Program EIR, which did not identify a significant impact to
recreational facilities.
The proposed Project to convert surface parking into a parking structure will have no impact on
park facilities and provide additional access for visitors to the Legoland theme park.
Further environmental review is not required because there are no substantial changes proposed
in the Project (as envisioned by the Program EIR) or circumstances that will require major
revisions of the prior CEQA document due to the involvement of new significant effects or a
substantial increase in the severity of previously identified significant effects. There is no new
information, which was not known and could not have been known with the exercise of reasonable
diligence at the time the prior environmental document was certified/adopted.
Conclusion
As discussed above, the Project would not result in any significant impacts to recreation;
therefore, the Project would not result in an impact which was not adequately evaluated by the
Program EIR. The Program EIR evaluated all land development anticipated through the
application of policies, regulations, and as logical parts of a long-term plan. Pursuant to CEQA
Guidelines Sections 15162 and 15168, the request to construct a parking structure is within the
scope of the previously-certified Program EIR.
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Significant
Project
Impact
Substantial
Increase in
Severity
Substantial
Change
Relative to
Program
Equal or
Less
Severity of
Impact
17. Transportation
– Would the Project:
a) Conflict with a program, plan, ordinance
or policy addressing the circulation system,
including transit, roadway, bicycle and
pedestrian facilities?
b) Conflict or be inconsistent with CEQA
Guidelines § 15064.3, subdivision (b)?
c) Substantially increase hazards due to a
geometric design feature (e.g., sharp
curves or dangerous intersections) or
incompatible uses (e.g., farm equipment)?
d) Result in inadequate emergency
access?
Discussion
The Project applicant is requesting a Site Development Plan and Coastal Development Permit for
the construction of an 1,174-space, four-story parking structure consisting of 387,338 square feet.
Level of service (LOS) has historically been used as a standard measure of traffic service.
Pursuant to SB 743, as of July 1, 2020, lead agencies are required to evaluate transportation
impacts of a project using a Vehicle Miles Traveled (VMT) metric as a part of the CEQA analysis,
which focuses on balancing the needs of congestion management with statewide goals related to
infill development, promotion of public health through increased active transportation facilitated
by closer proximity to alternative travel modes and reduces greenhouse gas emissions. In
December 2018, the California Governor’s Office of Planning and Research (OPR) published the
Technical Advisory on Evaluating Transportation Impacts in CEQA, which provides
recommendations for evaluating a project’s transportation impact using a VMT metric, thresholds
of significance, and mitigation measures. Pursuant to Government Code § 15064.3(b), lead
agencies have discretion to select the most appropriate methodology for evaluating a project’s
VMT impacts. The City of Carlsbad adopted VMT thresholds and has published guidelines, which
were last amended on October 3, 2022. The VMT thresholds are applied to new land use
development projects that are subject to further environmental analysis.
The proposed parking structure does not result in any new traffic-generating on-site uses and not
any generation of new project trips.
The program EIR studied the traffic of the Carlsbad Ranch Specific Plan. Intersections and street
segments were evaluated with the new traffic area. The following assumptions were used
- Trip generation for Legoland Carlsbad was expected to generate approximately 6,630
daily trips in the year 1999
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- Morning peak trips would be between 11 a.m. and 12 noon
- The park’s evening hour trips would occur between 5 p.m. and 6 p.m. concurrently with
evening peak hour trips
- At buildout, 8,180 daily trips are anticipated to occur at buildout in on an August Friday
The program EIR included two mitigation measures for the project
Mitigation Measure 1 (Transportation) lists and requires specific projects and phasing to reduce
conditions under buildout to less than significant. Mitigation Measure 2 (TRA) requires preparation
of a Congestion Management Plan to identify funding and implementation assistance for freeway
congestion.
Transportation Demand Management measures are required and included in the assumptions
that after mitigation all cross sections and intersections are adequate to handle buildout traffic.
The Project is consistent with the overall planned density and building intensity, geographic area
analyzed for environmental impacts, and covered infrastructure, as described in the Program EIR.
Therefore, the Project will not result in a new significant impact or substantially increase the
severity of a previously identified significant impact relative to the Program EIR.
The Project would increase the number of parking spaces available in the Legoland California
theme park to accommodate additional parking. The proposed parking structure (Parking
Structure #2) is proposed in an area that already accommodates 327 surface parking spaces,
with no electric vehicle charging spaces and no bicycle parking facilities. The proposed Project
would construct 1,174-structure-parking spaces, including 59 electric vehicle spaces, 59 future
electric vehicle spaces, and long-term bicycle parking for 61 bicycles. The proposed Project would
incorporate the parking structure into the existing parking area configuration and would
incorporate pedestrian access points from the parking structure to the theme park. The addition
of parking does not generate trips or additional miles traveled. The nearby Legoland California
Resort theme park uses generate trips. The new parking structure is anticipated to provide an
alternate parking option to those currently parking in other areas of the theme park. The parking
structure could reduce extraneous vehicle travel by eliminating the need for additional travel time
to search for a parking space. During the operation of the parking structure, several measures
would be implemented to optimize the operation of the parking structure. The proposed parking
structures would include parking and wayfinding signage and guidance systems. The Project
would not introduce physical features that would introduce safety hazard for vehicle, pedestrians,
bicyclists or transit users. The design of the parking structure would comply with the Carlsbad
Building Code, the California Building Code and any federal, state and local regulations. The
proposed Project design includes sufficient space for vehicles turning around the corners as they
enter or exit the parking structure. The site plan also shows turning radius analysis for delivery
and garbage trucks. The analysis concludes that the trucks would have sufficient space to operate
in the lane as they are currently doing and thus, it would not create hazards.
Further environmental review is not required because there are no substantial changes proposed
in the Project (as envisioned by the Program EIR) or circumstances that will require major
revisions of the prior CEQA document due to the involvement of new significant effects or a
substantial increase in the severity of previously identified significant effects. There is no new
information, which was not known and could not have been known with the exercise of reasonable
diligence at the time the prior environmental document was certified/adopted.
Conclusion
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The Program EIR evaluated all land development anticipated through the application of policies,
regulations, and as logical parts of a long-term plan. Pursuant to CEQA Guidelines Sections
15162 and 15168, the request to construct a parking structure is within the scope of the
previously-certified Program EIR, and there would be no additional impacts to transportation
beyond those analyzed in the Program EIR.
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Significant
Project
Impact
Substantial
Increase in
Severity
Substantial
Change
Relative to
Program
Equal or
Less
Severity of
Impact
18. Tribal Resources
– Would the Project cause a substantial
adverse change in the significance of a
tribal cultural resource, defined in Public
Resources Code § 21074 as either a site,
feature, place, cultural landscape that is
geographically defined in terms of the size
and scope of the landscape, sacred place,
or object with cultural value to a California
Native American tribe, and that is:
a) Listed or eligible for listing in the
California Register of Historical Resources,
or in a local register of historical resources
as defined in Public Resources Code §
5020.1(k), or
b) A resource determined by the lead
agency, in its discretion and supported by
substantial evidence, to be significant
pursuant to criteria set forth in subdivision
(c) of Public Resources Code Section
5024.1. In applying the criteria set forth in
subdivision (c) of Public Resources Code
Section 5024.1, the lead agency shall
consider the significance of the resource
to a California Native American tribe?
Discussion
The Program EIR evaluated potential impacts to under the Archaeology and Paleontological
Resources (Section 5.3).
The Project is consistent with the overall planned density and building intensity, geographic area
analyzed for environmental impacts, and covered infrastructure, as described in the Program EIR.
Therefore, the Project will not result in a new significant impact or substantially increase the
severity of a previously identified significant impact relative to the Program EIR.
The proposed project has limited grading and is impacting existing surface parking lot. Mitigation
Measure 4 (TRI) will be implemented as required by the Program EIR. An archaeologist and a
paleontologist will be retained prior to any grading activities. This satisfies the mitigation measure
in EIR 94-01. Additionally, a pre- excavation agreement with Luiseno tribe will be completed prior
to any grading activities on site to ensure proper handling of any culturally sensitive items and or
remains if found during grading activities.
Further environmental review is not required because there are no substantial changes proposed
in the Project (as envisioned by the Program EIR) or circumstances that will require major
revisions of the prior CEQA document due to the involvement of new significant effects or a
substantial increase in the severity of previously identified significant effects. There is no new
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information, which was not known and could not have been known with the exercise of reasonable
diligence at the time the prior environmental document was certified/adopted.
Conclusion
As discussed above, the Project would not result in any significant impacts to greenhouse gas;
therefore, the Project would not result in an impact which was not adequately evaluated by the
Program EIR. The Program EIR evaluated all land development anticipated through the
application of policies, regulations, and as logical parts of a long-term plan. Pursuant to CEQA
Guidelines Sections 15162 and 15168, the request to construct a parking structure is within the
scope of the previously-certified Program EIR.
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Significant
Project
Impact
Substantial
Increase in
Severity
Substantial
Change
Relative to
Program
Equal or
Less
Severity of
Impact
19. Utilities and Service Systems
– Would the Project:
a) Require or result in the relocation or
construction of new or expanded water,
wastewater treatment or storm water
drainage, electric power, natural gas, or
telecommunications facilities, the
construction or relocation of which could
cause significant environmental effects?
b) Have sufficient water supplies available
to serve the project and reasonably
foreseeable future development during
normal, dry and multiple dry years?
c) Result in a determination by the waste
water treatment provider, which serves or
may serve the project that it has adequate
capacity to serve the project’s projected
demand in addition to the provider’s
existing commitments?
Discussion
The Program EIR summarized impacts to sewer and wastewater services, water supply, and
water demand in section 5.9. Overall, the Program EIR found that the infrastructure and supplies
were adequate for the proposed project. Mitigation Measures 1 and 2 (USS) will apply to require
use of reclaimed water and dual plumbing for projects as feasible.
The Project is consistent with the overall planned density and building intensity, geographic area
analyzed for environmental impacts, and covered infrastructure, as described in the Program EIR.
Therefore, the Project will not result in a new significant impact or substantially increase the
severity of a previously identified significant impact relative to the Program EIR.
Development projects are required by NPDES to manage stormwater (rainwater) runoff to protect
local waterways during and after construction. NPDES requirements are implemented through
the city’s development review process and Storm Water Quality Management Plans (SWQMP) to
avoid or address the development impacts to runoff to downstream properties. Projects that
include uncovered parking lots that create and/or replace 5,000 square feet or more of impervious
surface on the project site and that are located in the watershed must comply with the stormwater
requirements. Since the proposed building would replace more than 5,000 square feet of
impervious surface on the site and the site is located in the watershed, it would need to comply
with the City’s storm water requirements. The proposed Project would follow the appropriate storm
water guide. The proposed project would include several measures to limit the quantity of
stormwater to be discharged into the drainage facilities. Furthermore, area drains and building
connections would collect rainwater to convey into bioretention planters for treatment. The treated
water will then be conveyed to the nearest storm drain main. The proposed Project would not
generate an increase in storm water. Therefore, the proposed Project would not require or result
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in the construction of new stormwater drainage facilities or expansion of existing facilities, nor
would it cause substantial physical deterioration of the storm water drainage facility or require
construction of new or expanded storm water facilities due to increase use as a result of the
Project.
Further environmental review is not required because there are no substantial changes proposed
in the Project (as envisioned by the Program EIR) or circumstances that will require major
revisions of the prior CEQA document due to the involvement of new significant effects or a
substantial increase in the severity of previously identified significant effects. There is no new
information, which was not known and could not have been known with the exercise of reasonable
diligence at the time the prior environmental document was certified/adopted.
Conclusion
As discussed above, the Project would not result in any significant impacts to utility services;
therefore, the Project would not result in an impact which was not adequately evaluated by the
Program EIR. The Program EIR evaluated all land development anticipated through the
application of policies, regulations, and as logical parts of a long-term plan. Pursuant to CEQA
Guidelines Sections 15162 and 15168, the request to construct a parking structure is within the
scope of the previously-certified Program EIR.
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Significant
Project
Impact
Substantial
Increase in
Severity
Substantial
Change
Relative to
Program
Equal or
Less
Severity of
Impact
20. Wildfire
If located in or near state responsibility
areas or lands classified as very high fire
hazard severity zone – Would the Project:
a) Substantially impair an adopted
emergency response plan or emergency
evacuation plan?
b) Due to slope, prevailing winds, and other
factors, exacerbate wildfire risks, and
thereby expose project occupants to
pollutant concentrations from a wildfire or
the uncontrolled spread of a wildfire?
c) Require the installation or maintenance
of associated infrastructure (such as roads,
fuel breaks, emergency water sources,
power lines or other utilities) that may
exacerbate fire risk or that may result in
temporary or ongoing impacts to the
environment?
d) Expose people or structures to
significant risks, including downslope or
downstream flooding or landslides, as a
result of runoff, post-fire slope instability, or
drainage changes?
Discussion
The Project applicant is requesting a Site Development Plan and Coastal Development Permit for
the construction of an 1,174-space, four-story parking structure consisting of 387,338square feet.
The Project is consistent with the overall planned density and building intensity, geographic area
analyzed for environmental impacts, and covered infrastructure, as described in the Program EIR.
Therefore, the Project will not result in a new significant impact or substantially increase the
severity of a previously identified significant impact relative to the Program EIR.
The Project was determined to not have an impact on Fire Department Services (refer to the
Public Facility Section of this Checklist). The Project’s circulation plan has been reviewed by and
meets all requirements of the CFD and Public Works Department. Site circulation was determined
to be adequate, including sufficient drive aisle widths to allow for fire truck access to the proposed
Project. Therefore, emergency vehicle access would be adequate under the proposed Project
and there would be no new or more severe impacts related to emergency access as a result of
project implementation relative to the Program EIR. Therefore, the Project will not result in a new
significant impact or substantially increase the severity of a previously identified significant impact
relative to the Program EIR. Additionally, the proposed structure is entirely within existing surface
parking area and is not within Very High Fire Hazard Area. All of the area surrounding the Project
is urban/disturbed vegetation and improved as the Legoland California Resort theme park.
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Further environmental review is not required because there are no substantial changes proposed
in the Project (as envisioned by the Program EIR) or circumstances that will require major
revisions of the prior CEQA document due to the involvement of new significant effects or a
substantial increase in the severity of previously identified significant effects. There is no new
information, which was not known and could not have been known with the exercise of reasonable
diligence at the time the prior environmental document was certified/adopted.
Conclusion
As discussed above, the Project would not result in any significant impacts to wildfire services;
therefore, the Project would not result in an impact which was not adequately evaluated by the
Program EIR. The Program EIR evaluated all land development anticipated through the
application of policies, regulations, and as logical parts of a long-term plan. Pursuant to CEQA
Guidelines Sections 15162 and 15168, the request to construct a parking structure is within the
scope of the previously-certified Program EIR.
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5. CEQA Project Environmental Conditions of Approval
The Project would not result in any new or more severe impacts relative to what was identified
the Program EIR. The Project is subject to environmental conditions of approval pursuant to
mitigation identified in the Program EIR as follows in this section.
The environmental conditions of approval shall not relieve a person from the responsibility of
complying with all other applicable regulations of any other local, state, or federal agencies. No
part of what follows should be deemed or construed to repeal, amend, modify, alter, or change
any other applicable ordinance or any part thereof; and that in all particulars wherein these
conditions are not more restrictive, each such other ordinance shall continue and shall be in full
force and effect.
Any existing reference to an ordinance, title, chapter, article, or section heading which is
renumbered or relabeled since Program EIR certification must be construed to apply to the
corresponding provisions contained within these conditions.
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APPENDIX B – COMPLETE MITIGATION MEASURES
(EIR-94-01)
The following is the full list of mitigation measures established by EIR-94-01 for the
adoption of the Carlsbad Ranch Specific Plan. These mitigation measures are located in
Table 2-1: Environmental Impacts and Mitigation Measures of EIR 94-01.
I. Significant Environmental Impacts That Can Be Avoided or Mitigated (Section
15126(c) of the State CEQA Guidelines)
1. Air Quality (AQ)
Potential Environmental Impact
Air pollution emissions will increase as a result of increased traffic,
construction activity, and gas and electric use (which requires the
combustion of fossil fuels)
Mitigation Measures
AQ1. Individual development projects within the specific plan area shall
be required to implement the following mitigation measures, as
determined feasible on a project-by-project basis by the City. These
measures include:
• Provide preferential parking spaces for carpools and van pools
and provide 72” minimum vertical clearance in parking facilities for
van access unless surface parking is provided for vans.
• Implement on-site circulation plan in parking lots to reduce vehicle
queuing (stacking up).
• Provide shade trees to reduce building heating/cooling needs.
• Use energy-efficient low-sodium parking lot lights.
• Provide adequate ventilation systems for enclosed parking
facilities.
• Use light colored roof materials to reflect heat.
• Synchronize traffic lights on streets impacted by development.
• Schedule truck deliveries and pickups for off-peak hours.
• Require on-site truck loading zones.
• Require employers to provide commuter information areas.
• Implement compressed work week schedules where weekly work
hours are compressed into fewer than 5 days:
-9/80
-4/40
-3/36
• Develop a trip reduction plan to achieve 1.5 AVR for businesses
with less than 100 employees or multi-tenant worksites
• Construct on-site or off-site bus turnouts, passenger benches, or
shelters as deemed necessary by the North County Transit
District.
• Construct off-site pedestrian facility improvements such as
overpasses and wider sidewalks.
• Provide shuttles to major rail transit centers, multi-modal stations,
and other local destinations for all uses within the specific plan.
Contribute to regional transit systems (e.g., right-of-way, capital
improvements, etc.).
• Site Development Plan applications should contain the following:
-Bicycle parking facilities, such as bicycle lockers.
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-Showers for bicycling employees' use.
Impact After Mitigation
No significant impacts as a result of construction activity are anticipated.
Implementation of Mitigation Measure AQ1 will lessen long-term
operation air quality impacts to a level less than significant.
2. Archaeological And Paleontological Resources (ARC)
Potential Environmental Impact
Implementation of the proposed project will result in impacts to
archaeology sites CA-SDI-6132/W-1 19, and CA-SDI-8797, which have
been identified as significant. The proposed project will result in grading in
an area identified as having a high potential for yielding significant
paleontological resources.
The 1-5/Cannon Road interchange improvement portion of the project is
located in an area that potentially contains paleontological resources.
Mitigation Measures
ARC1. Prior to issuance of a grading permit for the area north of Cannon
Road, a data recovery program shall be completed for CA-SDI6132 for
the portion impacted north of Cannon Road. The data recovery program
shall be completed in compliance with the City of Carlsbad's "Cultural
Resource Guidelines".
ARC2. A portion of site CA-SDI-8797 within the Carlsbad Ranch was
identified as significant/important under City of Carlsbad and CEQA
criteria and- was recommended to be mitigated of impacts through
avoidance (Gallegos and Kyle 1992). This site shall be placed within an
open space easement and capped. Capping shall include placement of 1-
2" of sand followed by 12 to 24 inches of sterile fill, soil. Vegetation
allowed within the fill soil should include grasses and other shallow rooted
plants that will not penetrate the underlying prehistoric site. This area
could also be used for a parking area, upon completion of capping.
Placement of utility lines or other underground lines shall be placed
outside this sensitive area.
ARC3. Mitigation of impacts for that portion of CA-SDI-8797 within the
additional survey area shall be achieved through avoidance or the
completion of a City of Carlsbad approved data recovery program. If a
data recovery program is conducted for this site, the program shall be
completed in compliance with the City of Carlsbad's Cultural Resource
Guidelines.
ARC4. Prior to the issuance of a grading permit, the applicant shall
provide written evidence that a certified archaeologist has been retained,
shall be present at the pregrading conference, shall establish procedures
for archaeological resource surveillance, and shall establish, in
cooperation with the project proponent, procedures for temporarily halting
or redirecting work to permit the sampling, identification, and evaluation of
artifacts as appropriate, If additional or unexpected archaeological
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features are discovered, the archaeologist shall report such findings to
the applicant and to the City. If the archaeological resources are found to
be significant, the archaeological observer shall determine appropriate
actions, in cooperation with the applicant for exploration and/or salvage.
These actions, as well as final mitigation and disposition of the resources,
shall be subject to the review of the City.
ARC5. Prior to issuance of a mass-grading permit the developer shall
present a letter to the City of Carlsbad indicating that a qualified
paleontologist has been retained to carry out an appropriate mitigation
program. (A qualified paleontologist is defined as an individual with a MS
or Ph.D. in paleontology or geology who is familiar with paleontological
procedures and techniques.)
• A qualified paleontologist shall be present at the pre-
construction meeting to consult with the grading and
excavation contractors.
• A paleontological monitor shall be on-site at all times
during the original cutting of previously undisturbed
sediments of the Santiago Formation to inspect cuts for
contained fossils. Periodic inspections of cuts involving the
Lindavista Formation is also recommended. In the event
that fossils are discovered in the Lindavista Formation it
may be necessary to increase the per/day in field
monitoring time. Conversely, if fossils are not being found
then the monitoring should be reduced. (A paleontological
monitor is defined as an individual who has experience in
the collection and salvage of fossil materials. The
paleontological monitor shall work under the direction of a
qualified paleontologist.)
• When fossils are discovered, the paleontologist (or
paleontological monitor) shall recover them. In most cases
this fossil salvage can be completed in a short period of
time. However, some fossil specimens (such as a
complete large mammal skeleton) may require an
extended salvage period. In these instances the
paleontologist (or paleontological monitor) shall be allowed
to temporarily direct, divert, or halt grading to allow
recovery of fossil remains in a timely manner. Because of
the potential for the recovering of small fossil remains,
such as isolated mammal teeth, it may be necessary in
certain instances to set up a screen-washing operation on
the site.
• Fossil remains collected during the monitoring and salvage
portion of the mitigation program shall be cleaned,
repaired, sorted, and cataloged.
• Prepared fossils, along with copies of all pertinent field
notes, photos, and maps, shall be deposited (as a
donation) in a scientific institution with permanent
paleontological collections such as the San Diego Natural
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History Museum. Donation of the fossils shall be
accompanied by financial support for initial specimen
storage.
• A final summary report shall be completed that outlines the
results of the mitigation program. This report shall include
discussions of the methods used, stratigraphic sections(s)
exposed, fossils collected, and significance of recovered
fossils.
ARC6. A certified paleontologist shall monitor all grading activity
associated with the improvements to the 1-5/Cannon Road interchange. If
buried cultural materials are unearthed during construction, work shall be
halted in the vicinity of the find until a qualified paleontologist can assess
its significance. If the testing demonstrates that a resource is significant,
then a data recovery program will be necessary. Compliance with this
measure shall be verified by Caltrans.
Impact After Mitigation
No impacts to archaeological resources are anticipated as a result of
construction of the proposed I-5/Cannon Road interchange
improvements.
Implementations of Mitigation Measures 1 through 4 will reduce
significant impacts to archaeological resources within the Carlsbad Ranch
project site to a level less than significant.
Implementation of Mitigation Measures 5 and 6 will reduce any potential
impact to paleontological resources to a level of insignificance.
3. Biological Resources (BIO)
Potential Environmental Impact
The proposed project will result in impacts to 1.1 acres of Diegan coastal
scrub and potential indirect impacts to sensitive resources immediately
adjacent to the project site.
Mitigation Measures
Direct Impacts
BIO1. Diegan coastal sage scrub impacts should be mitigated by creation
or restoration at ratios of 2:1 and 1:1, respectively, within Preserve
Planning Area 3 or the purchase or at a 1:1 ratio within the HCP area of
Carlsbad.
BIO2. To avoid direct impacts to the area proposed as natural open
space and to the proposed open space deed restriction, the boundaries of
these areas should be surveyed and fenced. The erection of fencing and
its proper location should be verified by a biologist or planning department
representative. After projection completion fencing may need to be
established to prevent human intrusion into the areas.
Indirect Impacts
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BIO3. It is anticipated that the gnatcatcher pair located immediately off-
site to the east of the project will be taken during construction of the
municipal golf course being proposed by the City of Carlsbad. As a result,
no mitigation for construction noise impacts that may occur to this pair are
proposed. If through final design of the City proposed golf course it is
determined that this gnatcatcher pair is not taken, the following mitigation
measure for noise impacts shall be implemented:
During the gnatcatcher breeding season (February 15 through August
15), noise levels during the grading shall not exceed 65 decibels,
averaged over a one-hour period on an A-weighted decibel (dBA),
measured at the edge of Diegan coastal sage scrub habitat that is
occupied by the costal California gnatcatcher. Grading could be initiated
in areas adjacent to occupied gnatcatcher habitat prior to August 15 if the
pair has successfully fledged young and the fledglings are at least three
weeks out of the nest. Grading will be allowed adjacent to habitat
occupied by unpaired individual birds after July 1.
BIO4. Lighting should be selectively placed, shielded, and directed away
from the areas listed above, in particular to avoid potential impacts to the
coastal California gnatcatcher(s) east of the future LEGOLAND Carlsbad
and any that may occur in the proposed open space.
BIO5. During project construction and operation, measures should be
implemented to control erosion, sedimentation, and pollution (fertilizers
and pesticides from the proposed golf courses) that could impact the
proposed natural open space or that could impact Agua Hedionda
Lagoon. These measures could include berms, interceptor ditches,
sandbags, filtered inlets, debris basins, and silt traps.
BIO6. Landscaping adjacent to the open space shall include non-invasive
plant species.
Impact After Mitigation
Implementation of Mitigation Measures 1 through 6 will reduce impacts to
biological resources to a level of less than significant.
No impacts to biological resources will result from implementation of the I-
5/Cannon Road interchange improvements.
4. Traffic/Circulation (TRA)
Potential Environmental Impact
The proposed project will result in an increase in traffic and congestion in
the area which will reduce intersection level of service at various locations
and time periods on roadways surrounding the project site.
Mitigation Measures
TRA1. The following mitigation measures shall be implemented to reduce
significant impacts on two intersections under the Year 2000 conditions
and seven intersections under Buildout conditions to a level of less than
significant.
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The recommended street improvements and their phasing, based on
ultimate buildout conditions are as follows:
1997 I-5 Northbound Ramps & Palomar Airport Road (CMP
Location)- Restripe the westbound Palomar Airport Road
approach for the following: two through lanes, one shared
through/right-turn lane, and one exclusive right turn lane.
2000 I-5 Northbound Ramps & Cannon Road (CMP Location)-
Restripe the westbound Cannon Road approach for the following:
one through lane, one shared through/right-turn lane, and one
exclusive right-turn lane.
2006: El Camino Real & Cannon Road (CMP Location)-Restripe
the southbound El Camino Real approach for the following: one
left-turn lane, two through lanes, one shared through/right-turn
lane, and one exclusive right-turn lane.
2007 Avenida Encinas & Palomar Airport Road (CMP Location)-
Restripe the northbound Avenida Encinas approach to provide the
configuration: one exclusive left-turn lane, one through lane, and
one right-turn lane (already done).
2008 El Camino Real & Palomar Airport Road (CMP Location)-
Restripe the northbound El Camino Real approach for the
following: one left-turn lane, two through lanes, one shared
through/right-turn lane, and one exclusive right-turn lane (already
done).
2008 I-5 Northbound Ramps & Cannon Road (CMP Location)-
Restripe the westbound Cannon Road approach for the following:
one through lane, one shared through/right-turn lane, and one
exclusive right-turn lane. In addition, provide an additional
eastbound Cannon Road left-turn lane. The resulting lane
configuration on the eastbound approach would be two exclusive
left-turn lanes and two through lanes.
Buildout Paseo del Norte & Cannon Road (CMP Location)- The
southbound approach (SDG&E driveway) should be constructed
and striped as follows: one exclusive left-turn lane, one shared
through/right-turn lane, and one exclusive right-turn lane. In
addition, the eastbound Cannon Road approach would require an
additional left-turn lane. The resulting lane configuration in the
eastbound direction would be two exclusive left-turn lanes, one
through lane, and one through/right-turn lane. Also, at a point east
of the intersection, an additional westbound Cannon Road through
lane would be required. At the intersection, this would result in the
following lane configuration in the westbound direction: one
exclusive left-turn lane, two through lanes, and a shared
through/right-turn lane.
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Buildout Paseo del Norte & Palomar Airport Road- Restripe the
northbound and southbound Paseo del Norte approaches to
provide the following: two exclusive left-turn lanes, one shared
through/right-turn lane, and one exclusive right-turn lane.
If Cannon Road is not extended to El Camino Real by the Year
2000 the following improvements would be necessary:
1997 I-5 Northbound Ramps & Palomar Airport Road (CMP
Location)- Restripe the westbound Palomar Airport Road
approach for the following: two through lanes, one shared
through/right-turn lane, and one exclusive right turn lane.
1997 College Boulevard & Palomar Airport Road (CMP Location)-
Restripe the southbound College Boulevard approach for the
following: one left-turn lane, one shared through/right-turn lane,
and one exclusive right-turn lane.
TRA2. In addition, the Congestion Management Plan (CMP) prepared for
the project requires the development and implementation of a deficiency
plan for freeway segments. The deficiency plan could include the
following:
• Assist in Funding Other Improvements- This option
would involve providing funds which would be utilized in
the construction of other improvements. Several funding
mechanisms already exist in the City of Carlsbad and are
listed in the Zone 13 Local Facilities Management Plan
Finance Plan for impacted facilities. These include:
- Traffic Impact Fees
- Transnet Funds
- Public Facilities Fees
- Community Facility District Moneys
- Private Developer Construction
The Carlsbad Ranch development project is already
conditioned on financial participation in four of the above
five funding mechanisms.
• Implement Transportation Demand Management
(TDM) Measures- For applicable land uses within the
development, implementation of a TDM program would
be a way of reducing the peak hour trips and thus
lessening the impacts on the affected facilities. These
TDM measures could include but are not limited to:
incentives for employees to carpool/vanpool;
telecommuting and flextime; and providing a shuttle
from the commuter rail station at Poinsettia Lane.
Impact After Mitigation
With the implementation of Mitigation Measures 1 and 2, all of the
analyzed intersections and street segments are projected to operate at
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acceptable levels of service as shown in Table 5-16. The proposed street
cross sections would be adequate to handle buildout traffic.
At the impacted freeway segments, the above deficiency plan would
reduce the projected impact the proposed project would have on these
facilities.
The use of TDM measures would mitigate the project’s negative effect
along the impacted segment of SR-78, if a reduction of approximately 35
project related trips during the morning peak hour along the impacted
segment (for the year 2000) were achieved. The 35 morning peak hour
trips would represent approximately two percent of the project’s total
morning peak hour trips. This level of reduction is well within the
reductions that would be expected with an effective TDM program for the
project.
For buildout conditions, a reduction of approximately 125 peak hour trips
would be needed to mitigate the projects impact. The 125 peak hour trips
would represent between two percent (PM peak hour) and four percent
(AM peak hour) of the project’s total buildout peak hour trips. Again, this
two to four percent reduction in project trips would be realistic with a
project TDM program.
The project’s impact along I-5 segment could be reduced through the use
of TDM. However, it would be unlikely that the project’s total impact along
the segment could be totally mitigated through the use of TDM measures
alone. The impacts of the project on I-5 could be mitigated through a
combination of a TDM program within the project and a diversion of
project and background trips to parallel facilities. The project’s financial
participation in the development of these parallel facilities is expected to
result in enough additional arterial street capacity being added to the
system to offset the project’s incremental impact on Interstate 5. It should
be noted that both the growth of project traffic and background traffic are
responsible for I-5 exceeding the CMP criteria. Therefore, it should not be
the sole responsibility of the Carlsbad Ranch Development to improve
conditions on the regional facilities to acceptable levels. Rather, Carlsbad
Ranch’s financial participation in the development of parallel arterial
improvements will serve as the project’s share of the mitigation program.
5. Hazardous Waste/Pesticide Residue (HAZ)
Potential Environmental Impact
The project site has historically been utilized for agricultural production
and could potentially contain soil contamination due to historical pesticide
use, and surface stainage from above ground fuel tanks.
The potential for low level lead contamination exists within the I-5
corridor.
Mitigation Measures
HAZ1. During grading, observations shall be made by a qualified
hazardous materials specialist for areas of possible contamination such
as the presence of underground facilities, buried debris, stained soils,
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waste drums, and tanks or odorous soils. Should such materials ne
encountered, further investigation and analysis shall be required to
identify the significance of the potentially contaminated area. Soil
remediation measures to address any potentially contaminated areas
shall be implemented based on the recommendations of the hazardous
materials specialist.
HAZ2. Randomly selected surface samples shall be collected after each
phase of grading and chemically tested for pesticides to verify that
toxaphene and DDT plus its derivatives are below the established TTLC
and STLC action levels.
HAZ3. During site development, soils contaminated with petroleum
hydrocarbons shall be mitigated. Mitigation techniques shall include:
• Place the affected soil beneath a proposed
road/parking area as a base material;
• Recycle the affected soil; or
• Bio remediate the affected soil on site.
HAZ4. A report documenting results of any future testing shall be
prepared. This report shall indicate the measures taken to mitigate
contamination, as appropriate. The report shall be submitted to the City of
Carlsbad Engineering Department.
Compliance with these measures shall be approved by the City of
Carlsbad in conjunction with the review and approval by the San Diego
County Department of Health Services and the Regional Water Quality
Control Board as applicable.
Impact After Mitigation
Implementation of Mitigation Measures 1 through 4 will reduce impacts
from hazardous waste/pesticide residue to a level less than significant.
Implementation of the I-5/Cannon Road improvements portion of the
proposed project will not result in a significant impact associated with
hazardous materials or soil contamination.
6. Land Use Compatibility (LUC)
Potential Environmental Impact
The proposed project will result in the conversation of the project site to
an intensive urban use which may result in land use compatibility impacts,
and will require amendments to the general plan, local coastal plan,
existing specific plan, and local facilities management plan.
Mitigation Measures
LUC1. Any future site development permit associated with the specific
plan or 21.16 acre SDG&E parcel (golf course) shall be reviewed for
consistency with the specific plan and related discretionary actions
including the general plan and local coastal plan amendment, zone
change, local facilities management plan amendment, and hillside
development permit. The Planning Department shall make a
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determination that the site development plan is consistent with these
plans, prior to approval of the permit.
Impact After Mitigation
The conversion of the project site from a non-urban use to an intensive
development is a potentially significant land use impact. Implementation
of Mitigation Measure 1 will reduce this impact to a level of insignificance.
No land use compatibility impacts between on-site land uses is
anticipated.
No impact to land use compatibility with the McClellan-Palomar Airport is
anticipated.
The amendment to the LFMP Zone 13 in and of itself will not result in a
significant impact.
Approval of a General Plan Amendment in and of itself would not result in
an inconsistency with the General Plan. No impact is anticipated.
No impact as a result of amendments to the Mello II and Agua Hedionda
Segments of the LCP is anticipated.
No land use impacts associated with the development agreement is
anticipated.
No impact as a result of amending the Carlsbad Ranch Specific Plan is
anticipated.
7. Noise (NOI)
Potential Environmental Impact
The specific plan’s most sensitive uses, a community hotel and a part of
the resort hotel site, are located within the 60 dB CNEL contour of the
McClellan-Palomar Airport. The airport’s Noise/Land Use Compatibility
Implementation Directives state that all transient lodging buildings, within
the CNEL 60-70 contours must be subjected to an acoustical study to
determine that interior levels do not exceed CNEL 45.
Mitigation Measures
NOI1. The interior noise level of the proposed community hotel building(s)
(planning area 3), and resort hotel buildings (planning area 5) shall not
exceed 45 dBA CNEL. As stated in the McClellan-Palomar Airport’s
Noise/Land Use Compatibility Implementation Directives, all transient
lodging buildings, within the airport’s 60-70 CNEL contours must be
subjected to an acoustical study determine that interior levels do not
exceed CNEL 45.
NOI2. An aviation easement for noise shall be required to be recorded
with the County Recorder as a condition of approval of the project. A copy
of the recorded easement is to be filled with the affected airport operator.
For all property transactions, appropriate legal notice shall be given to all
purchasers, lessees and renters or property in “conditionally compatible”
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or “interior only, conditionally compatible” areas which clearly describes
the potential for impacts from airplane noise associated with airport
operations. Notice also will be provided as required on the state Real
estate Disclosure form.
Impact After Mitigation
Implementation of Mitigation Measures 1 and 2 will reduce noise impacts
to a level of less than significant.
8. Public Services And Utilities (PS)
Potential Environmental Impact
The proposed project will result in an increased demand for police
protection services and water supply/reclaimed water.
Mitigation Measures
Police Protection Services
PS1. Prior to Site Development Plan approval, developers shall submit
security plans for review and approval by the Carlsbad Police
Department. The plans shall be submitted prior to Site Development Plan
approval, and shall include information about internal security programs,
security systems and devices and any other information required by the
Police Department.
Water Supply/Reclaimed Water
PS2. Reclaimed water shall be utilized for all agriculture, golf course, and
landscaping on the project site to the extent feasible. The reclaimed water
facilities shall be installed in accordance with the conceptual reclaimed
water facility plan as proposed in the specific plan, and City of Carlsbad
requirements.
PS3. Dual plumbing shall be required for all office, commercial, and
industrial uses, and the LEGOLAND Carlsbad project as deemed feasible
by the Carlsbad Municipal Water District.
Impact After Mitigation
Police Protection Services
Implementation of Mitigation Measure 1 will reduce impacts to police
service to a level less than significant.
Water Supply/Reclaimed Water Supply
The project impacts to water supply are potentially significant.
Implementation of mitigation measures 1 and 2 will reduce impacts to a
level of less than significant.
9. Solid Waste (SW)
Potential Environmental Impact
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The proposed project will result in the generation of solid waste
associated with development of specific plan land uses.
Mitigation Measures
SW1. As a condition of any future site development plans for the
project, the applicant shall submit a solid waste management plan
for review and approval by the City of Carlsbad. This plan shall
provide the following:
(1) The approximate location, type, and number of containers
to be used to collect refuse and recyclables.
(2) Refuse and recyclable collection methods to be used in
each planning area.
(3) A description and site plan for any planned on-site
processing facilities or equipment (balers, compactors).
(4) A description of the types of recycling services to be
provided and contractual relationships with vendors to
provide these services.
(5) The estimated quantity of waste generated and estimated
quantities of recyclable materials in each planning area.
This plan shall also evaluate the feasibility of the following
diversion programs/measures:
(1) Source separated green waste collection for specific
plan areas designated for agriculture, golf and
development areas with substantial landscaping (in
particular the LEGOLAND Carlsbad planning area).
(2) Cardboard recycling in office, retail, and warehousing
areas.
(3) Office and retail programs which provide for the
separation of wet (disposable) and dry (recoverable)
materials.
(4) Where feasible, providing compactors for non-
recyclables to reduce the number of trips to disposal
facilities.
(5) Glass recycling in restaurants.
(6) Providing on-site recycling containers accessible to the
public to encourage the diversion of glass, and
aluminum in LEGOLAND Carlsbad.
(7) Where feasible, implement source reduction measures
such as reducing excess packaging, paper and
polystyrene cups.
Impact After Mitigation
Implementation of Mitigation Measure 1 will reduce impacts
associated with solid waste collection and disposal to a level of
insignificance.
10. Visual Aesthetics/Grading (AES)
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Potential Environmental Impact
The ramp widening component of the I-5/Cannon Road interchange
improvements will result in the removal of mature trees and associated
landscaping.
Mitigation Measures
AES1.Trees shall be replaced at a 5:1 ratio. These trees shall be planted
at Cannon Road and Palomar Airport Road, with supplemental water
systems. Shrubs shall be replaced at a 1:1 ratio at Cannon Road only.
Replacement trees shall be 15 gallon and replacement shrubs shall be 5
gallon. Species selection shall be determined by the Caltrans project
landscape architect.
AES2. I-5/Cannon Road landscaping shall be installed concurrently with
the interchange construction project in order to allow the planting to
become established in time for the opening of the LEGOLAND Carlsbad
in 1999.
AES3. A plantable wall system (e.g., crib wall) shall be utilized to reduce
the visibility and aid in graffiti deterrence of the proposed retaining walls.
If cast-in-place type walls are used, a form-liner texture (e.g., “ripped
rope”) shall be incorporated into the design. Furthermore, the walls shall
be aligned to allow the planting of vines and shrubs at the base of the
walls for graffiti deterrence and to help blend the walls into the
surrounding landscape. An agreement shall be reached with the property
owner immediately adjacent to this area to plant and maintain on the
owner’s property.
Impact After Mitigation
No significant impact to visual aesthetics/grading has been identified for
the specific plan portion of the project.
Implementation of Mitigation Measures 1,2 and 3 will reduce aesthetic
impacts associated with the I-5/Cannon Road Interchange improvements
to a level less than significant.
II. Impacts considered in the EIR but found to be less than significant:
Agricultural Resources
Public Services and Utilities
Fire Protection Services
Sewer and Wastewater Treatment Facilities
Schools
Gas and Electric
Effect on City Emergency Response Plans
Water Quality
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Exhibit 6
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LIST OF ACRONYMS AND ABBREVIATIONS Exhibit 7
This is a list of acronyms and abbreviations (in alphabetical order) that are commonly used in staff
reports.
Acronym Description Acronym Description
APA American Planning Association LCPA Local Coastal Program Amendment
APN Assessor Parcel Number LOS Level of Service
AQMD Air Quality Management District MND Mitigated Negative Declaration
BMP Best Management Practice NCTD North County Transit District
CALTRANS California Department of Transportation ND Negative Declaration
CC City Council PC Planning Commission
CCR Conditions, Covenants and Restrictions PDP Planned Development Permit
CEQA California Environmental Quality Act PEIR Program Environmental Impact Report
CFD Community Facilities District PUD Planned Unit Development
CIP Capital Improvement Program ROW Right of Way
COA Conditions of Approval RWQCB Regional Water Quality Control Board
CofO Certificate of Occupancy SANDAG San Diego Association of Governments
CT Tentative Parcel Map SDP Site Development Permit
CUP Conditional Use Permit SP Specific Plan
DIF Development Impact Fee SWPPP Storm Water Pollution Prevention Program
DISTRICT City Council Member District Number TM Tentative Map
EIR Environmental Impact Report ZC Zone Change
EIS Environmental Impact Statement (federal)
EPA Environmental Protection Agency
FEMA Federal Emergency Management Agency
GP General Plan
GPA General Plan Amendment
GIS Geographic Information Systems
HCA Housing Crisis Act 2019
IS Initial Study
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Legoland Parking Structure No. 2
Kyle Van Leeuwen, Associate Planner
Community Development
September 20, 2023
SDP 2021-0028/CDP 2021-0066
1
2
PROJECT LOCATION
APPLICANT REQUEST
SDP/CDP: Parking Structure
•1,174 Vehicle Spaces (847 net)
•387,228 Square Feet
•Three Stories – 34.25 Feet
•Complement Existing Structure
4
Plans
5
Plans
Project Consistency
•General Plan – Visitor Commercial (VC)
•Zoning – Commercial Tourist, Qualified
Development Overlay (C-T-Q)
•Carlsbad Ranch Specific Plan
•Coastal Development Regulations
•California Environmental Quality Act (CEQA)
ITEM: RECOMMENDATION
•ADOPT a resolution APPROVING the Site
Development Plan (SDP 2021-0028) and Coastal
Development Permit (CDP 2021-0066).
8
Plans
BACKGOUND
December 6, 1995
•Carlsbad Ranch Specific Plan Amendment - LEGOLAND
•Program Environmental Impact Report, EIR 94-01
September 7, 2016
•Employee Parking Structure Approved by PC
•LEGOLAND Hotel #2 approved
December 6, 2021
•Application for SDP/CDP for parking structure #2
10
Plans
11
Plans