HomeMy WebLinkAbout2008-03-19; Planning Commission; ; CUP 02-20x1 - LEGOLAND VEHICLE STORAGE• •
ERRATA SHEET FOR ITEM #1
March 17, 2008
TO: PLANNING COMMISSIONERS
FROM: DEBORAH MILAM, PLANNING TECHNICIAN I
SUBJECT: CUP 02-20xl LEGOLAND VEHICLE STORAGE
Staff is recommending that the Planning Commission include the follo\\ing revision:
On the first page of the staff report in section II, the introduction, change
the dates from January 14, 2008 until January 13, 2013 to January 1{
2008 until January 14, 2013.
Also on the first page at the beginning of section III, the project
description and background, change the date at the beginning of the first
sentence from January 14, 2003 to January 15, 2003.
On the second page of the staff report in section III, the project description
and background, change the date in the last sentence from January 13,
2013 to January 14, 2013.
Also, change the date in the heading at the top of the second page from February
11, 2008, to March 19, 2008.
DEBORAH MILAt\-1
Th1tty of Carlsbad Planning Department •
A REPORT TO THE PLANNING COMMISSION
P.C. AGENDA OF: March 19, 2008
ItemNo. G)
Application complete date: October 24, 2007
Project Planner: Deborah Milam
Project Engineer: Frank Jimeno
SUBJECT: CUP 02-20xl LEGOLAND VEHICLE STORAGE-Request for a five year
extension of Conditional Use Permit (CUP) 02-20 to allow the continued use of
excess parking spaces located at the LEGOLAND parking lot for the storage of
new vehicles as needed by car dealerships of Car Country Carlsbad in the Mello II
Segment of the Local Coastal Program and in Local Facilities Management Zone
13.
I. RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolution No. 6401
APPROVING a five year extension of CUP 02-20 based on the findings and subject to the
conditions contained therein.
II. INTRODUCTION
The proposed five-year extension of CUP 02-20 would allow for the continued use of 999
excess parking spaces located at the LEGOLAND parking lot for the storage of new vehicles as
needed by car dealerships of Car Country Carlsbad from January 14, 2008 until January 13,
2013.
III. PROJECT DESCRIPTION AND BACKGROUND
On January 14, 2003, the Planning Commission approved CUP 02-20 to authorize the use of 999
excess parking spaces located at the LEGO LAND parking lot for the storage of vehicles by the
Car Country Carlsbad Dealership association. Conditions of approval include terminating the
storage of vehicles if LEGOLAND develops the Inner Park expansion area and if additional
parking is needed for LEGO LAND visitors. Staff has retained this condition in the extension so
that the permit can be terminated whenever the parking spaces become needed. As of yet, the
LEGOLAND theme park has not required these 999 spaces.
The spaces are leased in one month, three month and six month terms to dealers from Car
Country Carlsbad. During the last inspection, 565 spaces were occupied by vehicles from Car
Country Carlsbad and 434 spaces were available.
Staff has performed annual reviews of the project in accordance with the conditions of approYal.
On March 24, 2006, the project was found to be in violation of Conditions No. 2 and 6 of the
approving Planning Commission Resolution No. 5341. Specifically, cars were being stored in a
section of the parking lot not approved for Car Country Carlsbad use. After being notified of the
issue, the Car Country Carlsbad dealers' association moved the cars to the approved storage area.
In this way, the violations were resolved.
0
CUP 02-20xl LEGOLAND .. ICLE STORAGE
February 11, 2008
PAGE2
•
Condition No. 11 of Resolution 5341 specifies that CUP 02-20 is granted for a period of 5 years
but may be extended for a reasonable period of time not to exceed five (5) years upon vm.tten
application of the permittee (LEGOLAND). The applicant is requesting approval of an
extension and staff is recommending a five-year extension to allow the continued operation of
vehicle storage until January 13, 2013.
IV. ANALYSIS
A. The vehicle storage at 1 Legoland Drive continues to be consistent with all applicable
plans, policies and regulations described below:
1. Carlsbad Ranch Specific Plan (SP 207(A));
2. Travel/Recreation Commercial (TR) General Plan Land Use Designation;
3. Commercial-Tourist, Qualified Development Overlay Zone (C-T-Q);
4. Conditional Use Permit Regulations (Chapter 21.42 of the Carlsbad Municipal
Code);
5. Comprehensive Land Use Plan for McClellan-Palomar Airport;
6. Mello II Segment of the Local Coastal Program, Coastal Development
Procedures, and the Coastal Resources Protection Overlay Zone (Chapter 21.201,
21.203); and
7. Growth Management (Chapter 21.90 of the Carlsbad Municipal Code).
B. The adopted project findings for CUP 02-20, which are contained in Planning
Commission Resolution No. 5341 still apply to this project (CUP 02-20xl).
C. The adopted project conditions for CUP 02-20, which are contained in Planning
Commission Resolution No. 5341 still apply to this project (CUP 02-20xl) with the
exception of Condition No. 11 which is replaced by Condition No. 4 in Planning
Commission Resolution No. 6401 to extend CUP 02-20 for five years from January 15,
2008 to January 14, 2013.
D. No formal ,vritten complaints regarding CUP 02-20 have been submitted to the City.
E. Annual reviews have been conducted for CUP 02-20 and the project is currently in
compliance with all conditions of approval.
V. ENVIRONMENTAL REVIEW
The Planning Director has determined that this project is exempt from the requirements of the
California Environmental Quality Act (CEQA) per Section 15301, Existing Facilities, of the
State CEQA Guidelines.
ATTACHMENTS:
1. Planning Commission Resolution No. 6401
2. Location Map
3. Background Data Sheet
4. Planning Commission Resolution No. 5341, dated January 14, 2003
• •
NOT TO SCALE
SITE MAP
LEGOLAND Vehicle Storage Extension
CUP 02-20X1
~ACKGROUND DATA SHEET •
CASE NO: CUP 02-20xl
CASE NAME: LEGOLAND VEHJCLE STORAGE
APPLICANT: LEGOLAi~ California LLC
REQUEST AND LOCATION: Request for a five year eA1:ension of Conditional Use Permit
(CUP) 02-20 to allow the continued use of excess parking spaces located at the LEGOLAND
parking lot for the storage of new vehicles as needed by car dealerships of Car Country Carlsbad.
The subject site is located at l Legoland Drive. east of Armada Drive, west of The Crossings
Drive. north of Palomar Airport Road and south of Cannon Road in Planning Area 4 of Carlsbad
Ranch Specific Plan and within Local Facilities Management Zone I 3.
LEGAL DESCRIPTION: Lots 18 and 19 of Carlsbad Tract :rv1ap 94-09. in the Citv of
Carlsbad. Countv 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.
APN: 211-100-09 Acres: 129 Proposed No. of Lots/Units: _N_/A ___________ _
GENERAL PLAN AND ZONING
Existing Land Use Designation: Travel/Recreation-Commercial, T-R
Proposed Land Use Designation: Travel/Recreation -Commercial. T-R
Density Allowed: NIA Density Proposed: _N_/A __________ _
Existing Zone: -=C--T=----'O.___ _____ _ Proposed Zone: -"'C--T=----'Q,.___ _________ _
Surrounding Zoning, General Plan and Land Use:
Zoning General Plan Current Land Use
Site C-T-Q T-R LEGOLAND Parking
North C-T-Q, OS T-R Hotel and Timeshare
Resort, Agriculture
South L-C/PM-Q PI. OS Arterial Road,
Commercial
East P-M PI Golf Course
West OS, CT-Q/C-2-Q OS, T-R/C, O/PI Agriculture, Hotel.
Offices
LOCAL COAST AL PROGRAl\l
Coastal Zone: 12:!.J Yes D No Local Coastal Program Segment: _!\t_1e_ll_o_I_I ___ _
Within Appeal Jurisdiction: D Yes 12:!.J No Coastal Development Permit: D Yes 12:!.J No
Local Coastal Program Amendment: D Yes [8J No
Revised 01/06
Existing LCP Land Use Desi!ion: T-R Proposed LCP Land U foesignation: _T_-R __ _
Existing LCP Zone: -=C--T=--....,0....._ ____ _ Proposed LCP Zone: -=C--T=--....,0....._ ______ _
PUBLIC FACILITIES
School District: Carlsbad Unified Water District: Carlsbad Sewer District: Carlsbad
Equivalent Dwelling Units (Sewer Capacity): N~/A~----------------
ENVIRONMENTAL IMPACT ASSESSMENT
Categorical Exemption, Class 1 Categorical Exemption: Section 15301. Existing
Facilities. Minor alteration of existing facilities involvimz nel!lfoible or no expansion of
use beyond that existing use.
D Negative Declaration. issued _____________________ _
D Certified Environmental Impact Report. dated _______________ _
D Other, ___________________________ _
Re, ised O I /06
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
• •
PLANNING COMMISSION RESOLUTION NO. 5341
A RESOLUTION OF TIIE PLANNlNG COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
CONDIDONAL USE PERMIT CUP 02-20 TO ALLOW THE USE
OF EXCESS PARKING SPACES LOCATED AT THE
LEGOLAND PARK.ING LOT, FOR THE STORAGE OF
VEHICLES AS NEEDED BY CAR DEALERSHJPS OF CAR
COUNTRY CARLSBAD, LOCATED AT 1 LEGOLAND DRIVE
IN LOCAL FACILITIES MANAGEMENT ZONE 13.
CASE NAME: LEGOLAND VEIDCLE STORAGE
CASE NO.: CUP 02-20
WHEREAS, LEGOLAND Estates AG ••Developer/Owner," has filed a verified
application with the City of Carlsbad regarding property described as
Lot 18 and 19 of Carlsbad Tract No. 94-09 of Carlsbad Ranch
Units2&3
(''the Property''); and
WHEREAS, said verified application constitutes a request for a Conditional Use
Permit as shown on Exhibits "A" dated January 15, 2003, on file in the Carlsbad Planning
Department, LEGOLAND VEIDCLE STORAGE -CUP 02-20, as provided by Chapter 21.42
and 21.50 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 15th day of January, 2003,
hold a duly noticed public hearing as prescnoed 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 CUP.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
A)
B)
That the foregoing recitations are true and correct.
That based on the evidence presented at the public hearing, the Commission
APPROVES LEGOLAND VEIDCLE STORAGE -CUP 02-20, based on the
following findings and subject to the following conditions:
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
• •
Findings:
1.
2.
3.
4.
5.
6.
7.
That the requested use is necessary or desirable for the development of the community, is
essentially in harmony with the various elements and objectives of the General Plan, and
is not detrimental to existing uses specifically permitted in the zone in which the
proposed use is located, in that the proposed use benefits the community by prmiding
parking spaces to solve a critical shortage of vehicle storage area as faced by the car
dealerships, without impacting the operation of LEGOLAND and the surrounding
community.
That the site for the intended use is adequate in size and shape to accommodate the use, in
that the parking lot is existing and the proposed project does not include any new
improvements or physical changes on-site. There will be no impact on operations of
LEGOLAND due to shared use of excess parking capacity.
That all the 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 no adjustments are necessary to allow the proposal to
be located on the subject site. The proposed use is comprised of the use of an
existing parking lot and there will be no physical changes at the site
That the street system serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that the delivery of vehicles will take place from
Cannon Road through LegoJand Drive at times when the prh'ate drive is not in use
by LEGOLA.l\1l ,isitors. lndhidual draws of vehicles during LEGOL.Al't1l
operating hours will take place through the entrance on Hidden Valley Road.
The Planning Commission finds that the project, as conditioned herein, is in
conformance with the City's General Plan, based on the facts set forth in the staff report
dated January 15, 2003 and recognizing that use of an existing parking facility for
the storage of vehicles by Car Country Carlsbad Dealership Association is
consistent with the General Plan designation of the subject site.
That the Planning Director 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 the
preparation of environmental documents pursuant to Section 15301 -operation or
minor alteration of existing facilities of the state CEQA Guidelines. In making this
determination, the Planning Director has found that the exceptions listed in Section
15300.2 of the state CEQA Guidelines do not apply to this project.
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.
PC RESO NO. 5341 -2-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
• •
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to commencing
the storage of vehicles in the parking lot.
1.
2.
3.
4.
5.
6.
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; 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 Conditional Use Permit.
Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Conditional Use Permit 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.
The Developer shall comply with all applicable provisions of federal, state, and local laws
and regulations in effect at the time of building permit issuance.
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 oflaw.
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 Conditional Use 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. This obligation survives until
all legal proceedings have been concluded and continues even ifthe City's approval is not
validated.
The Developer shall submit to the Planning Department a reproducible 24" x 36",
mylar copy of the Site Plan reflecting the conditions approved by the final decision
making body.
PC RESO NO. 5341 -3-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
7.
8.
9.
10.
11.
12.
• •
This project shall comply v.ith 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.
This approval is granted subject to the approval of CDP 02-38 and is subject to all
conditions contained in Resolution No. 5342 for that other approval.
This approval shall become null and void if the proposed use of vehicle storage at the
designated parking area has not begun ,vitbin 24 months from the date of project
approval.
This Conditional Use Perm.it shall be reviewed by the Planning Director on a yearly basis
to determine if all conditions of this permit have been met and that the use does not have
a substantial negative effect on surrounding properties, operation of the LEGOLAND
theme park or the public health and welfare. If the Planning Director detennines that the
use has such substantial negative effects, the Planning Director shall recommend that the
Planning Commission, after providing the permittee the opportunity to be heard, add
additional conditions to reduce or eliminate the substantial negative effects.
This Conditional Use Permit is granted for a period of five (5) years from January 15,
2003 through January 14, 2008. This pennit may be revoked at any time after a public
hearing, if it is found that the use has a substantial detrimental effect on surrounding land
uses, the LEGOLAND park operations and the public's health and welfare, or the
conditions imposed herein have not been met. This permit may be extended for a
reasonable period of time not to exceed five (5) years upon written application of the
permittee made no less than 90 days prior to the expiration date. The Planning
Commission may not grant such extension, unless it finds that there are no substantial
negative effects on surrounding land uses or the public's health and welfare. If a
substantial negative effect on surrounding land uses or the public's health and welfare is
found, the extension shall be denied or granted v,.ith conditions which will eliminate or
substantially reduce such effects. There is no limit to the number of extensions the
Planning Commission may grant.
Prior to commencing the storage of vehicles at the subject site, Developer shall submit
to the City a Notice of Restriction to be filed in the office of the County Recorder, subject
to the satisfaction of the Planning Director, notifying all interested parties and successors
in interest that the City of Carlsbad has issued a Conditional Use Permit, and Coastal
Development Permit by Resolutions No. 5341 and 5342 on the real property owned by
the Developer. Said Notice of Restriction shall note the property description, location of
the file containing complete project details and all conditions of approval as well as any
conditions or restrictions specified for inclusion in the Notice of Restriction. The
Planning Director has the authority to execute and record an amendment to the notice
which modifies or terminates said notice upon a showing of good cause by the Developer
or successor in interest.
13. Vehicle delivery trucks are restricted to hours of operation when the LEGOLAND
theme park is not in operation. The trucks shall access the subject site only from
Legoland Drive.
PC RESO NO. 5341 -4-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
• •
14. The storage of vehicles shall terminate if LEGOLAND develops the Inner Park
expansion area and additional parking is needed for LEGOLAND ,isitors.
Code Reminders:
15. 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.
16. Approval of this request shall not excuse compliance with all applicable sections of the
Zoning Ordinance and all other applicable City ordinances, except as otherwise
specifically provided herein.
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.
PC RESO NO. 5341 -S-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
• •
PASSED, APPROVED M1D ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 15th day of January, 2003 by the
following vote, to wit:
AYES: Chairperson Baker, Commissioners Heineman, Segall, White, and
Whitton
NOES: None
ABSENT: Commissioner Dominguez
ABSTAIN: None
B R, Chairperson
~::::;COMMISSION
ATTEST:
Planning Director
PCRESONO. 5341 -6-