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HomeMy WebLinkAbout2024-01-17; Planning Commission; Resolution 7505PLANNING COMMISSION RESOLUTION 7505 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A SITE DEVELOPMENT PLAN AND COASTAL DEVELOPMENT PERMIT TO ALLOW FOR THE REPLACEMENT OF AN EXISTING "DRIVING SCHOOL" AND "JUNIOR DRIVING SCHOOL" THEMED ATTRACTIONS WITH A NEW SPACE-THEMED ATTRACTION LOCATED WITHIN THE INNER PARK AREA OF THE LEGOLAND CALIFORNIA 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 CALIFORNIA PROJECT 2025 CASE NO.: SDP 2023-0012 / CDP 2023-0022 (DEV2023-0061) EXHIBIT 1 WHEREAS, Merlin Entertainments Group U.S. Holdings, Inc., "Developer/Owner," has filed a verified application with the City of Carlsbad regarding property 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" -"TT" dated Jan. 17, 2024, on file in the Planning Division, SDP 2023-0012/CDP 2023-0022 (DEV2023-0061} -LEGOLAND CALIFORNIA PROJECT 2025 as provided by Chapter 21.06, 21.201 and 21.203 of the Carlsbad Municipal Code and the Carlsbad Ranch Specific Plan SP 207(K); and WHEREAS, the Planning Division studied the Site Development Plan and Coastal Development Permit applications and performed the necessary investigations to determine if the project qualified for an exemption from further environmental review under the California Environmental Quality Act, (CEQA, Public Resources Code section 21000 et. seq.), and its implementing regulations (the State CEQA Guidelines), Article 14 of the California Code of Regulations section 15000 et. seq. After consideration of all evidence presented, and studies and investigations made by the City Planner and on its behalf, the City Planner determined that the project was exempt from further environmental review pursuant to State CEQA Guidelines section 15332 -In-Fill Development Projects, in that project is consistent with the General Plan and Zoning Ordinance; the project site is located within the City limits, on a development area of less than five acres in size, and substantially surrounded by urban uses; there is no evidence that the project site has value as habitat for endangered, rare, or threatened species; approval of the project will not result in significant effects relating to traffic, noise, air quality, or water quality; and the site can be adequately served by all required utilities and public services. The project will not have a significant effect on the environment and all the requirements of CEQA have been met; and WHEREAS, on Nov. 30, 2023, the city distributed a notice of intended decision to adopt the "In-Fill Development Projects" exemptions. The notice was circulated for a 10-day period, which began on Nov. 30, 2023 and ended on Dec. 11, 2023. The city did not receive any comment letters on the CEQA findings and determination. The effective date and order of the City Planner CEQA determination was Dec. 11, 2023; and WHEREAS, the Planning Commission did, on Jan. 17, 2024, 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. 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 RECOMMENDS APPROVAL of SOP 2023-0012/CDP 2023-0022 {DEV2023-0061) -LEGOLAND CALIFORNIA PROJECT 2025, based • on the following findings and subject to the following conditions: Findings: Site Development Plan, SOP 2023-0012 1. That the proposed development or use is consistent with the General Plan and Carlsbad Ranch 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 proposed project aligns with the purpose of VC land use by updating and enhancing an existing theme park, LEGOLAND California, which contributes to the travel, retail, shopping, entertainment, and recreational needs of visitors, tourists, and residents. Additionally, the Carlsbad Ranch Specific Plan is found to be consistent with the various elements of the General Plan, and the project design complies with the requirements of the Specific Plan. Removal of the existing attractions and replacement with a new space-themed attraction within the Inner Park is consistent with the goals and vision of the Specific Plan for the LEGOLAND California Inner Park, and the project design complies with all applicable Specific Plan development standards, including increased landscape setbacks to offset increased building height. Where a 35-foot landscape setback is required, 55-feet is already provided. 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 removal of the existing attractions and replacement with a new space-themed attraction within the Inner Park will not be detrimental to existing uses since the area immediately surrounding the project site is also within the theme park, increased landscape setbacks are provided to offset the increase in building height, and there is significant distance between the proposed project and existing development to the west of Legoland Drive. The proposed new space-themed attraction will not generate any additional traffic and will not adversely impact the site or surroundings because it is part of the developed theme park. 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 already developed with an existing theme park attraction, and its replacement with a new space-themed attraction fits within this existing area of the theme park and meets all applicable codes and standards, including increased landscape setbacks to offset the increase in building height. Where a 35-foot landscape setback is required, 55-feet is already provided. 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 proposed new space- themed attraction is located within the interior of the theme park and will not have any impact on existing or permitted future developments or uses in the neighborhood. All features, structures and landscaping associated with the project will be maintained as part of the theme park. 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 there is no traffic increase associated with the proposed project as the project will introduce two new attractions (a Headline and Secondary ride) with the replacement of two existing attractions ("Driving School" and "Junior Driving School"). The existing ride area is approximately 2.38 acres. The new ride area is approximately 2.38 acres. Therefore, there is no net change in major attractions, and 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 Three ofthe 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. The 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 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. The project is compatible with the projected noise levels of the ALUCP in that all areas of the site are within the 60 and 65 CNEL noise contours and the park was considered a compatible land use at these noise levels. Based on the land use compatibility matrix of the ALUCP, the proposed land use is compatible with the airport, in that it is located within Safety Zone 6 and considered a conditionally compatible use. California Environmental Quality Act 10. The City Planner has determined that the project belongs to a class of projects that the State Secretary for Resources has found do not have a significant impact on the environment, and it is therefore categorically exempt from the requirement for preparation of environmental documents pursuant to · section 15332 -In-Fill Development Projects of the State CEQA Guidelines. In making this determination, the City Planner has found that the exceptions listed in Section 15300.2 of the State CEQA Guidelines do not apply to this project. General 11. The Planning Commission finds that the project, as conditioned herein, is in conformance with the Elements of the City's General Plan and the Carlsbad Ranch Specific Plan, in that Planning Area 4 of the Specific Plan (LEGOLAND California) has a General Plan Land Use designation of Visitor Commercial (VC). The VC land use designation is intended to provide sites for commercial uses that serve the travel, retail, shopping, entertainment, and recreation needs of visitors, tourists, and residents, with the primary use of the property being visitor-serving. The proposed project aligns with the purpose of VC land use by updating and enhancing an existing theme park, LEGOLAND California, which contributes to the travel, retail, shopping, entertainment, and recreational needs of visitors, tourists, and residents. The primary use of LEGOLAND California is directed towards serving the needs of visitors. Additionally, the project is an infill project to replace an attraction and enhance an existing theme park which generates revenue, enhances the economy, provides, and creates employment opportunities, supports businesses, and influences tourism year-round. 12. 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. 13. That the project is consistent with the City's Landscape Manual and Water Efficient Landscape Ordinance (Carlsbad Municipal Code Chapter 18.50). 14. 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 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. 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 said notice upon a showing of good cause by the Developer or successor in interest. 13. Developer shall make a separate formal landscape construction drawing plan check submittal to the Planning Division and obtain City Planner approval of a Final Landscape and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and the city's Landscape Manual. Developer shall construct and install all landscaping and irrigation as shown on the approved Final Plans. All landscaping shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris. All irrigation systems shall be maintained to provide the optimum amount of water to the landscape for plant growth without causing soil erosion and runoff. 14. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plan check process on file in the Planning Division and accompanied by the project's building, improvement, and grading plans . • 15. 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 General 16. 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. 17. 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. 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. Grading 20. 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 21. 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 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. 22 . 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. 23. 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 regional basin located at the south side of the Legoland parking lot to comply with t~e 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. 24. 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. 25. 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 26. 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-inch 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. 27. 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. 28. 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. Utilities 29. Developer shall meet with the Fire Marshal to determine if fire protection measures (fire flows, fire hydrant locations, building sprinklers) are required to serve the project. 30. 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. 31. 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 Division for processing and approval by the District Engineer. 32. 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. 33. 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: 34. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and Section 13.10 ofthe City of Carlsbad Municipal Code, respectively. The Average Daily Trips (ADT) and floor area contained in the staff report and shown on the site plan are for 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 oft he 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 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 Jan. 17, 2024, by the following vote, to wit: AYES: Merz, Hubinger, Kamenjarin, Meenes, Sabellico and Stine NAYES: ABSENT: ABSTAIN: Lafferty PETER MERZ, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: ERIC LARDY City Planner