HomeMy WebLinkAboutSDP 11-02; Legoland Pirate Island; Site Development Plan (SDP)CITY OF
V (CARLSBAD
Planning Division www.carlsbadca.gov
February 6, 2012
Chris Romero
Merlin Entertainment Group
1 Legoland Dr.
Carlsbad, CA 92008
SUBJECT: MINOR SITE DEVELOPMENT PLAN SDP 11-02/MINOR COASTAL DEVELOPMENT
PERMIT CDP 11-09 - LEGOLAND CALIFORNIA PIRATE ISLAND ATTRACTION - Request for approval of a
IVIinor Site Development Plan and Minor Coastal Development Permit (SDP 11-02/CDP 11-09) to
construct a 1.6 acre water park attraction within Expansion Area 2 of the Legoland California Theme
Park on property generally located north of Palomar Airport Road, south of Cannon Road, east of
Armanda Drive and west of The Crossings Drive in the Mello II Segment of the Local Coastal Program
and in Local Facilities Management Zone 13.
Dear Mr. Romero,
The City Planner has completed a review of your application for a Minor Site Development Plan and
Minor Coastal Development Permit (SDP 11-02/CDP 11-09) to construct a 1.6 acre water park attraction
within Expansion Area 2 ofthe Legoland California Theme Park on property generally located north of
Palomar Airport Road, south of Cannon Road, east of Armanda Drive and west of The Crossings Drive in
the Mello II Segment of the Local Coastal Program and in Local Facilities Management Zone 13. A
notice was sent to property owners within a 100' radius of the subject property requesting comments
regarding the above request. No comments were received within the ten day notice period (ending on
February 6, 2012). After careful consideration of the circumstances surrounding this request, the City
Planner has determined that the findings required for granting a Minor Site Development Plan and
Minor Coastal Development Permit can be made and therefore, APPROVES this request based on the
following findings and conditions.
Findings:
1. That the requested use is properly related to the site, surroundings and environmental settings,
is consistent with the various elements and objectives of the General Plan, will not be
detrimental to existing uses or to uses specifically permitted in the area in which the proposed
use is to be located, and will not adversely impact the site, surroundings or traffic circulation, in
that the project is consistent with the Travel Recreation General Plan Land Use designation
and development will be required to comply with the development standards of the Carlsbad
Ranch Specific Plan which is found to be consistent with the various elements of the General
Plan and that the project design complies with the requirements of the Carlsbad Ranch
Specific Plan. Development of the proposed area will not encroach into the required building
and landscape setbacks for the perimeter of the site. The required building and landscape
1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ®
SDP 11-02/CDP 11-09 - LEGOLAND CALIFORNIA PIRATE ISLAND ATTRACTION
February 6, 2012
Page 2
setbacks provide an appropriate buffer between the LEGOLAND Park and existing, as well as
future, commercial tourist development. There is not a significant traffic increase associated
with the proposed attraction and any additional traffic would not exceed the original
projected traffic generation for the project.
2. That the site for the intended use is adequate in size and shape to accommodate the use, in
that all applicable code requirements have been met. All required parking has been
constructed and the infrastructure needs of the inner park development were planned for
with the initial park construction.
3. That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the
requested use to existing or permitted future uses in the neighborhood will be provided and
maintained, in that screen walls, berming and landscaping have been constructed to screen
service areas for the park. The proposed attraction is an inner park attraction and will not be
readily visible from the perimeter of the park. Adequate vehicle and bus parking and turning
movements were included on-site with the construction of initial improvements. A service
road was constructed around the perimeter of the Inner Park for operational needs and
emergency vehicle access. Several access points were provided to the service road for
emergency vehicles. Pedestrian connections were also constructed to the overall pedestrian
circulation system of the Carlsbad Ranch.
4. That the street system serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that the proposed expansion areas were included in the
original circulation analysis prepared for program EIR 94-01 for the Carlsbad Ranch Specific
Plan. The circulation analysis considered the buildout of the park and the corresponding
attendance levels with park buildout.
5. The City Planner has determined that:
a. the project is a subsequent activity of a project for which a program EIR was prepared,
and a notice for the activity has been given, which includes statements that this activity
is within the scope of the program approved earlier, and that the program EIR
adequately describes the activity for the purposes of CEQA) [15168(c)(2) and (e)];
b. this project is consistent with the project cited above;
c. Program Environmental Impact Report (EIR 94-01) for Carlsbad Ranch Specific Plan
Amendment was certified in connection with the prior project or plan;
d. the project has no new significant environmental effect not analyzed as significant in
the prior EIR;
e. none of the circumstances requiring a Subsequent EIR or a Supplemental EIR under
CEQA Guidelines Sections 15162 or 15163 exist.
6. The City Planner finds that the project, as conditioned herein, is in conformance with the
Elements ofthe City's General Plan and Carlsbad Ranch Specific Plan SP 207 in that the project
is consistent with the Travel Recreation General Plan Land Use designation and development
SDP 11-02/CDP 11-09 - LEGOLAND CALIFORNIA PIRATE ISLAND ATTRACTION
February 6, 2012
Page 3
will be required to comply with the development standards of the Carlsbad Ranch Specific
Plan which is found to be consistent with the various elements of the General Plan and that
the project design complies with the requirements of the Carlsbad Ranch Specific Plan.
7. The project is consistent with the Citywide 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 project has been conditioned to provide proof from the Carlsbad School District
that the project has satisfied its obligation for school facilities.
b. A growth management park fee of 40 cents per square foot of non-residential
development will be collected at the time of building permit issuance. This fee will be
used to construct recreational facilities to offset the demand created by employees
within Zone 13.
c. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and will be
collected priorto issuance of building permit.
d. 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.
8. The project is consistent with the adopted Airport Land Use Compatibility Plan for the
McClellan-Palomar Airport (ALUCP), dated October 2004, in that the project is compatible with
the projected noise levels of the ALUCP; and, based on the noise/land use compatibility matrix
of the ALUCP, the proposed land use is compatible with the airport in that 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.
9. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal Code
Section 14.28.020 and Landscape Manual Section I B).
10. That the proposed development is in conformance with the Certified Local Coastal Program and
all applicable policies in that the project consists of the construction of a new 1.6 acre water
park attraction within the Legoland California theme park on a lot designated as Travel
Recreation Commercial (TR), by the Mello II Land Use Plan. The proposed water ride
attraction will not obstruct views of the coastline as seen from public lands or the public
right-of-way, nor otherwise damage the visual beauty of the coastal zone. No agricultural
uses currently exist on the site, nor are there any sensitive resources located on the property.
In addition, the proposed attraction is not located in an area of known geologic instability or
flood hazards. Since the site does not have frontage along the coastline, no public
opportunities for coastal shoreline access are available from the subject site. Furthermore,
the Travel Recreation Commercial-designated site is not suited for open water-oriented
recreation activities.
SDP 11-02/CDP 11-09 - LEGOLAND CALIFORNIA PIRATE ISLAND ATTRACTION
February 6, 2012
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11. The proposal is in conformity with the public access and recreation policies of Chapter 3 ofthe
Coastal Act in that the site is not located adjacent to the shore. Therefore, the project will not
interfere with the public's right to physical access to the sea and the site is not suited for open
water-oriented recreation activities.
12. 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, Standard Urban Storm Water
Mitigation Plan (SUSMP), and Jurisdictional Urban Runoff Management Program (JURMP) to
avoid increased urban runoff, pollutants, and soil erosion; no development is proposed in
areas of steep natural slopes (^ 25% gradient); no 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.
13. The City Planner has reviewed each of the exactions imposed on the Developer contained in
this approval letter, 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:
1. Approval is granted for SDP 11-02 and CDP 11-09 LEGOLAND CALIFORNIA PIRATE ISLAND
ATTRACTION as shown on Exhibits "A" - "J" dated February 6, 2012 on file in the Planning
Department and incorporated herein by reference. Development shall occur substantially as
shown unless otherwise noted in these conditions.
2. 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 Minor Site
Development Plan and Minor Coastal Development Permit.
3. Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the SDP 11-02 and CDP 11-09 - LEGOLAND CALIFORNIA PIRATE ISLAND
ATTRACTION 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.
4. The 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 Minor Site Development Plan and Minor Coastal
SDP 11-02/CDP 11-09 - LEGOLAND CALIFORNIA PIRATE ISLAND ATTRACTION
February 6, 2012
Page 5
Development Permit, (b) City's approval or issuance of any permit or action, whether
discretionary or non-discretionary, 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.
5. The Developer shall comply with all applicable provisions of federal, state, and local ordinances
in effect at the time of building permit issuance.
6. 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.
7. Prior to the issuance of a permit, the Developer shall provide proof to the Director from
Carlsbad Unified School District that this project has satisfied its obligation to provide school
facilities.
8. Developer shall submit 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 as shown on the approved Final
Plans, and maintain all landscaping in a healthy and thriving condition, free from weeds, trash,
and debris.
9. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape
plancheck process on file in the Planning Department and accompanied by the project's
building, improvement, and grading plans.
10. All roof appurtenances, including air conditioners, shall be architecturally integrated and
concealed from view and the sound buffered from adjacent properties and streets, in substance
as provided in Building Department Policy No. 80-6, to the satisfaction of the Directors of
Community Development and Planning.
11. 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 residential housing
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.
12. Prior to the issuance of a building permit, owner/applicant shall submit to the City a Notice of
Restriction to be filed in the office ofthe County Recorder, subject to the satisfaction ofthe City
Planner, notifying all interested parties and successors in interest that the City of Carlsbad has
issued a Minor Site Development Plan and Minor Coastal Development Permit on the real
property owned by the owner/applicant. 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
SDP 11-02/CDP 11-09 - LEGOLAND CALIFORNIA PIRATE ISLAND ATTRACTION
February 6, 2012
Page 6
notice, which modifies or terminates said notice upon a showing of good cause by the
owner/applicant or successor in interest.
13. 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.
14. Developer shall report, in writing, to the City Planner within 30 days, any address change from
that which is shown on the permit application.
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
15. 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.
16. 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
17. 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.
18. Developer shall cause property owner to execute and submit to the city engineer for
recordation the city's standard form Drainage Hold Harmless Agreement.
19. Developer shall cause property owner to process, execute and submit an executed copy to the
city engineer for recordation a city standard Permanent Stormwater Quality Best Management
Practice Maintenance Agreement for the perpetual maintenance of all treatment control,
applicable site design and source control, post-construction permanent Best Management
Practices prior to the issuance of a grading permit or building permit, whichever occurs first for
this project.
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, for city engineer review, and shall pay all applicable grading plan
review fees per the city's latest fee schedule.
SDP 11-02/CDP 11-09 - LEGOLAND CALIFORNIA PIRATE ISLAND ATTRACTION
February 6, 2012
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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. Prior to the issuance of a grading permit, developer shall submit to the city engineer receipt of a
Notice of Intent from the State Water Resources Control Board.
23. Prior to the issuance of grading permit or building permit, whichever occurs first, developer
shall submit for city approval a Tier 3 Storm Water Pollution Prevention Plan (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. Developer shall prepare
and process a Storm Water Management Plan (SWMP), subject to city engineer approval, to
demonstrate how this project meets new/current storm water treatment requirements per the
city's Standard Urban Storm Water Management Plan (SUSMP), latest version. In addition to
new treatment control BMP selection criteria in the SUSMP, the developer shall use low impact
development (site design) approaches to ensure that runoff from impervious areas (roofs,
pavement, etc) are drained through landscaped (pervious) areas prior to discharge. Developer
shall pay all applicable SWMP 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, treatment
control BMP, applicable hydromodification measures, and Low Impact Design (LID) facilities.
26. Developer shall submit documentation, subject to city engineer approval, demonstrating how
this project complies with Hydromodification requirements per the city's SUSMP, latest version.
Documentation shall be included within the Storm Water Management Plan (SWMP).
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.
Utilities
28. 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
SDP 11-02/CDP 11-09 - LEGOLAND CALIFORNIA PIRATE ISLAND ATTRACTION
February 6, 2012
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29. Developer shall design and construct public facilities within public right-of-way or within
minimum 20-foot wide easements granted to the district or the City of Carlsbad. At the
discretion of the district or city engineer, wider easements may be required for adequate
maintenance, access and/or joint utility purposes.
30. Prior to issuance of building permits, developer shall pay all fees, deposits, and charges for
connection to public facilities.
31. The developer shall design landscape and irrigation plans utilizing recycled water as a source
and prepare and submit a colored recycled water use map to the Planning Department for
processing and approval by the district engineer.
Code Reminders;
32. Approval of this request shall not excuse compliance with all applicable sections of the Zoning
Ordinance and all other applicable City ordinances in effect at time of building permit issuance,
except as otherwise specifically provided herein.
33. 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, 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.
34. Prior to the issuance of a building permit. Developer shall pay a Public Facility fee as required by
Council Policy No. 17.
35. Prior to the issuance of a building permit. Developer shall pay the Local Facilities Management
fee for Zone 13 as required by Carlsbad Municipal Code Section 21.90.050.
36. 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, respectively. The Average Daily Trips (ADT) and
floor area shown on the site plan are for planning purposes only.
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 the 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
SDP 11-02/CDP 11-09 - LEGOLAND CALIFORNIA PIRATE ISLAND ATTRACTION
February 6, 2012
Page 9
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.
This decision may be appealed by you or any other member of the public to the Planning Commission
within ten days of the date of this letter. Appeals must be submitted in writing to the Planning
Department at 1635 Faraday Avenue in Carlsbad, along with a payment of $613.00. The filing of such
appeal within such time limit shall stay the effective date ofthe order of the City Planner until such time
as a final decision on the appeal is reached. If you have any questions regarding this matter, please feel
free to contact Van Lynch at (760) 602-4613.
Sincerely,
CHRIS DeCERBO
Principal Planner
CD:VL:bd
c: City Planner
Chris DeCerbo - Principal Planner
Frank Jimeno - Project Engineer
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