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Home My WebLink About2009-03-18; Planning Commission; ; SDP 96-14D|CDP 96-16D - LEGOLAND LOST KINGDOM SLIDEThe City of Carlsbad Planning Department A REPORT TO THE PLANNING COMMISSION P.C. AGENDA OF: March 18, 2009 Item No. G) Application complete date: February 6, 2009 Project Planner: Van Lynch Project Engineer: Frank Jimeno SUBJECT: SDP 96-14(0}/CDP 96-16(0) -LEGOLAND LOST KINGDOM SLIDE - Request for a determination that the project is within the scope of the previously certified Carlsbad Ranch Specific Plan Amendment Program EIR and that the Program EIR adequately describes the activity for the purposes of CEQA; and a request for approval for a Site Development Plan Amendment and Coastal Development Permit Amendment for the LEGOLAND California Theme Park to permit the construction of a new ride, located on the north side of Palomar Airport Road east of Armada Drive and west of The Crossings Drive within Planning Area 4 of the Carlsbad Ranch Specific Plan and within the Mello II Segment of the Local Coastal Program and Local Facilities Management Zone 13. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolutions No. 6545 and 6546 APPROVING SDP 96-14(D) and CDP 96-16(D) based on the findings and subject to the conditions contained therein. II. INTRODUCTION The applicant is requesting approval of a Site Development Plan Amendment and Coastal Development Permit Amendment for the LEGOLAND California Theme Park to permit the construction of a new ride to be built in "Expansion Area 3". The ride is a non-mechanical six- lane slide and also includes two spiral tube slides. The slide is dry and riders use mats to slide down, similar to a large undulating surface slide at the San Diego County fair. The theme of the ride will emulate the "Lost Adventure" theme located adjacent to the east. The proposed ride will be designed and developed consistent with the established LEGO colors, materials, and textures in the existing park. The ride also includes an exterior queue line. III. PROJECT DESCRIPTION AND BACKGROUND The initial phase of the LEGO LAND California Theme Park was completed in March of 1999. Approximately 113 acres of the 128-acre site was developed during the original construction including rides, attractions, food, retail, parking, landscaping, administration, and support uses. In April of 2000 the SDP and CDP were amended to allow development of "Expansion Areas 1 and 3", increase the maximum building height to 45-feet from 35-feet, increase the height protrusion limit to 55-feet from 45-feet, and to replace the Breath Taker Ride with the Batflyer Ride. SDP 96-14(D)/CDP 96-16(D)-LEGOLAND LOST KINGDOM SLIDE March 18, 2009 Pa e2 This proposal is to amend the LEGOLAND Site Development Plan and Coastal Development Permit to add the slide attraction located within "Expansion Area 3." The ride consists of a dry slide attraction. The slide includes 6 lanes and is 15 feet wide. The height of the slide platform is 15 feet above grade and the overall height of the architectural elements is 30 feet. The tube slide is accessed from the same platform as the slide. The two spiral tube slides are intertwined and exit adjacent to the other slide exit. The overall structure is clad with materials of wood and "tuff foam" to replicate the "Lost Adventure" theme. The queue line includes interactive items for guests and themed props. Stairs provide ac'cess to the slide platform and tube slides. Other improvements include walkways and landscaping. The ride attraction is proposed in the location of the Aqua Drag, which was previously approved with SDP 96-14(A) on April 19, 2000. The Aqua Drag was subsequently "traded" for a different ride in a different location and the site was not developed. The Carlsbad Ranch Specific Plan authorizes the Planning Commission to approve project amendments unless the amendment is of a controversial nature. The proposed project is not controversial in nature and is consistent with the Carlsbad Ranch Specific Plan. Therefore staff is recommending that the Planning Commission take final action on the project. The Planning Commission and City Council have approved a Specific Plan Amendment which would allow for an administrative approval process for such minor inner park improvements. The Specific Plan Amendment is on file with the California Coastal Commission and has yet to be approved. Once approved, this process will be administrative. IV. ANALYSIS A. Travel/Recreation Commercial (T-R) General Plan Land Use Designation; B. Commercial-Tourist-Qualified Development Overlay Zone (C-T-Q) Carlsbad Municipal Code, Chapter 21.06 and Chapter 21.29; C. Site Development Plan findings required by the Qualified Development Overlay Zone -Carlsbad Municipal Code, Chapter 21.06, Section 21.06.020; D. Carlsbad Ranch Specific Plan (SP 207(D)); E. Comprehensive Land Use Plan for McClellan-Palomar Airport; F. Mello II Segment of the Local Coastal Program and the Coastal Resource Protection Overlay Zone -Carlsbad Municipal Code, Chapter 21.203; and G. Growth Management Ordinance (Local Facilities Management Plan Zone 13). A. & B. General Plan and Zoning The existing General Plan and Zoning designations for the site were adopted concurrently with the Carlsbad Ranch Specific Plan to achieve consistency. The Travel/Recreation Commercial (T-R) General Plan Land Use designation allows for the proposed recreational use. The underlying Zoning for the site is Commercial -Tourist, Qualified Development Overlay Zone (C-T-Q) and allows amusement park uses through a CUP. The Q-Overlay designation on the Zoning map requires the approval of a Site Development Plan. The Carlsbad Ranch Specific Plan, which functions as an overlay zone, modifies the permitted uses allowed in the C-T Zone for this site and allows this theme park use with the approval of a Site Development Plan. SDP 96-14(D)/CDP 96-16(D)-LEGOLAND LOST KINGDOM SLIDE March 18, 2009 Pae 3 C. Site Development Plan findings required by the Q-Overlay Zone The Qualified Development Overlay Zone (Q-Overlay), which is part of the zoning designation for the property, requires that a Site Development Plan be approved for the proposed development prior to the issuance of any building permits. Four findings are required for the Q-Overlay Zone. The required findings with justification for each are contained in the Planning Commission Resolution for the project. The required findings and justification for approving a Site Development Plan are summarized below: I. 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. The requested use is properly related to the site, surroundings and environmental setting as the project design complies with the requirements of the Carlsbad Ranch Specific Plan as demonstrated in Section "D" of this report. Development located in the interior to the park will not encroach into required building and landscape setbacks established for the perimeter of the site. The required setbacks provide an appropriate buffer between the LEGOLAND Park and existing and future development. 2. That the site for the intended use is adequate in size and shape to accommodate the use. The site is adequate in size and shape to accommodate the use as all applicable code requirements have been met. All required parking has been constructed and the infrastructure needs were planned for with the initial park construction. 3. That all yards, setback, 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. All features necessary to adjust the use to existing and permitted future uses will be provided. Screen walls, berming and landscaping have been constructed to screen service areas for the park. The project design includes landscaping in the areas of proposed development to screen views from within the visitor areas of the Inner Park and to provide shade. The boundaries of the Inner Park are approximately 1,400 feet from the right-of-way of Palomar Airport Road. The fence line for the Inner Park is 200 feet from the western property line. The landscape setback from the northern property line is a minimum of 45 feet and 30 feet from the eastern property line. No change to current night lighting is proposed except for new lighting for the attraction. Inner Park lighting is predominantly of a pedestrian scale. 4. That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use. Adequate vehicle circulation has been provided to accommodate vehicle, truck, recreational vehicle and bus turning movements on-site with the construction of existing improvements. A SDP 96-14(D)/CDP 96-16(D)-LEGOLAND LOST KINGDOM SLIDE March 18, 2009 Pa e4 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. The planned street system is adequate to handle all traffic generated by the use. The proposed development of the inner park was included in the original circulation analysis prepared for Program EIR 94-01 for the Carlsbad Ranch Specific Plan. The circulation analysis considered the build-out of the park and the corresponding attendance levels with park build-out. D. Carlsbad Ranch Specific Plan The Carlsbad Ranch Specific Plan establishes the permitted uses for the site as well as the development standards and design guidelines. The project complies with the requirements of the specific plan. The permitted uses for the project site include an entrance facility; toll "plaza"; retail shops; restaurants, service buildings associated with park activities; business and administration offices related to park activities; indoor and outdoor facilities related to entertainment and education, but not including high speed thrill rides (those rides typically oriented towards the teenage and young adult audience) for children; water features; lakes; landscape areas; guest services and facilities; parking; and other related uses. The slide attraction proposed for the site is within the list of permitted uses and is not being considered a high speed thrill ride. The development standards of the Carlsbad Ranch Specific Plan have been complied with. The required park perimeter landscape, building, and parking area setbacks have been complied with. All parking required for build-out of LEGOLAND was improved with the initial construction including the overflow parking lot. Perimeter fencing and walls also exist for the entire park. E. Comprehensive Land Use Plan for McClellan -Palomar Airport The project site is located approximately one mile westerly of the airport and is within the Airport Influence Area for McClellan-Palomar Airport. 'The Airport Land Use Compatibility Plan, McClellan-Palomar Airport (ALUCP) identifies that exterior noise levels up to 68 CNEL would occur at the site. Exterior noise at this level is determined to be acceptable by the ALUCP for the proposed use. A Notice Concerning Aircraft Environmental Impacts was previously required as a condition of the original approval and was recorded on August 14, 1997. F. Mello II Segment of the Local Coastal Program and the Coastal Resource Protection Overlay Zone As designed, the proposed project and the initial construction are consistent with the relevant policies of the Mello II Segment of the Local Coastal Program. The Carlsbad Ranch Specific Plan serves as partial implementation for the Mello II Segment for the project site, and the Coastal Resource Protection Overlay Zone (Zoning Ordinance Section 21.203). The proposal is consistent with the requirements contained within both of these documents. The project site was previously graded and the majority of the total site area is presently developed. No steep slopes or native vegetation exist on the areas of the site currently proposed for development. The project will not have drainage impacts on coastal resources as the project includes a detention basin within SDP 96-14(D)/CDP 96-16(D)-LEGOLAND LOST KINGDOM SLIDE March 18, 2009 Pae 5 the 150' landscape setback from Palomar Airport Road. National Pollutant Discharge Elimination System facilities to separate oil and other contaminants from site runoff are in place. G. Growth Management Ordinance (LFMP -Zone 13) The proposed project is located within Local Facilities Management Zone 13. The proposed Specific Plan Amendment for development of an inner park attraction does not impact public facilities. V. ENVIRONMENTAL REVIEW Development of the entire LEGOLAND project site was analyzed in the Program Environmental Impact Report (EIR 94-01) certified for the Carlsbad Ranch Specific Plan Amendment and related applications on January 9, 1996, by the City Council. A Statement of Overriding Considerations was adopted for cumulative impacts to air quality, agriculture, and traffic which could not be fully mitigated. The cumulative impacts were regional in nature and occured in areas outside the jurisdiction of the City. All applicable mitigation measures from the EIR were implemented with the initial construction on the LEGOLAND site. A Mitigated Negative Declaration was prepared and adopted for inner park attraction amendments on April 19, 2000. The proposed activities would have no effects beyond those analyzed in the program EIR and subsequent Mitigated Negative Declaration, as they are a part of the program analyzed earlier. This project is within the scope of EIR 94-01 and no further CEQA compliance is required. EIR 94-01 and the respective initial studies for each application are available at the Planning Department. ATTACHMENTS: 1. Planning Commission Resolution No. 6545 (SDP) 2. Planning Commission Resolution No. 6546 (CDP) 3. Location Map 4. Background Data Sheet 5. Disclosure Form 6. Reduced Exhibits 7. Planning Commission Resolution No. 6024 (SDP 96-14(8)) 8. Planning Commission Resolution No. 6025 (CDP 96-16(8)) 9. Full Size Exhibits "A" -"H" dated March 18, 2009 NOT TO SCALE SITE MAP Legoland Lost Kingdom Slide SOP 96-14(0) / CDP 96-16(0) CASE NO: BACKGROUND DATA SHEET SDP 96-14{D)/CDP 96-16{D) CASE NAME: LEGOLAND LOST KINGDOM SLIDE APPLICANT: Merlin Entertainments Group, U.S. Holding, Inc REQUEST AND LOCATION: Approval for a Site Development Plan Amendment and Coastal Development Permit Amendment for the LEGOLAND California Theme Park to permit the construction of a new ride, located on the north side of Palomar Airport Road east of Armada Drive and west of The Crossings Drive within Planning Area 4 of the Carlsbad Ranch Specific Plan and within the Mello II Segment of the Local Coastal Program and Local Facilities Management Zone 13. LEGAL DESCRIPTION: Lots 18 and 19 of City of Carlsbad Tract 94-09, Carlsbad Ranch- Units 2 and 3, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 13408, recorded in the Office of the County Recorder of San Diego County on A ril 1 1997 APN: 211-100-09-00 Acres: 128 Proposed No. of Lots/Units: _N_/A _________ _ GENERAL PLAN AND ZONING Existing Land Use Designation: Travel/Recreation Commercial {T-R) Proposed Land Use Designation: """N"""/A~-------------------- Density Allowed: _N~/ A ______ _ Density Proposed: -C-N"""/ A'-"----------- Existing Zone: Commercial Tourist-0 Overlay {C-T-O) Proposed Zone: =-N:.c..:/Ac..::.._ _____ _ Surrounding Zoning, General Plan and Land Use: Zoning General Plan Current Land Use Site C-T-Q T-R Theme Park Open space/ North O-S/C-T-Q O-S/T-R Hotel/Timeshare Resort South O-S/P-M-Q O-S/PI Open Space/ Office East P-M PI Golf Course West O-QIP-MIO O/PI Office LOCAL COASTAL PROGRAM Coastal Zone: [gl Yes D No Local Coastal Program Segment: =M=e=ll-=-o-=II=------ Within Appeal Jurisdiction: D Yes [gl No Coastal Development Permit: D Yes Local Coastal Program Amendment: [gl Yes D No [gj No Existing LCP Land Use Designation: T-R Existing LCP Zone: ...:::;C_-T=--..... 0.__ ____ _ Proposed LCP Land Use Designation: _N-'/ A-"----- Proposed LCP Zone: """N"--'/A~-------- Revised O I /06 PUBLIC FACILITIES School District: Carlsbad Water District: Carlsbad Sewer District: Carlsbad Equivalent Dwelling Units (Sewer Capacity): "-N"'""'/ A~---------------- ENVIRONMENTAL IMPACT ASSESSMENT D Categorical Exemption, ______________________ _ D Negative Declaration, issued ____________________ _ cgj Certified Environmental Impact Report, dated EIR 94-01, January 9, 1996 D Other, __________________________ _ Revised 01/06 City of Carlsbad I A Ff •• 111 ,t,i •l§•Eiii 11 t4 ., I DISCLOSURE STATEMENT Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following infonnation MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: . Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county; city municipality, district or other political subdivision or any other group.or combiua.tion acting as a unit" Agents may sign this document; however, the legal name and entity of· the applicant and property owner must be provided below. 1. 2. APPLICANT (Not the applicant's agent) Provide the COMPLETE, LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership, include the·· names, title, addresses of all individuals owning more than 10% of the shares. IF-NO INDIVIDUALS OWN MORE THAN 10% OF TIIE SHARES, PLEASE INDICATE NON- APPLICABLE (NIA) IN TIIE SPACE BELOW If a publicly-owned corporation. include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person N/A Title __ -+l ________ _ Address 1 ----------,--- OWNER (Not the owner's agent) Corp/Part LEGOLAND CALIFORNIA INC Title ______________ _ Address 1 Legoland Drive .Carlsbad, CA 92008 Provide the COMPLETE, LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e, partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership. include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (NIA) IN THE SPACE BELOW. If a publicly- owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person N/A Title ___________ _ Address. __________ _ Corp/Part Merlin Entertainments Holding Inc. Title ______________ _ Address 1 Legoland Drive Carlsbad, ca 92008 1635 Faraday Avenue• Carlsbad. CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 @ 3. NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to ( l) or (2) above is a nonprofit organization or a trust, list the names and addresses of ANY person serving as an officer or director of the non-profit organization or as trustee or beneficiary of the. Non Profit/Trust_________ Non Profitrrrust. __________ _ Title ___________ _ Title _____________ _ Address ·-----------Address _____________ _ 4. Have you had more than $250-worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? D Yes 15?!] No If yes, please indicate person(s):. _____________ _ NOTE: Attach additional sheets if necessary. 2/2/tfj Print or type name of owner Print or type name of applicant Signature of owner/applicant's agent if applicable/date Print or type name of owner/applicant's agent H:ADMlN\COUNTER\DISCLOSURE STATEMENT 5198 Page 2 of 2 VICINITY MAP rn Notto Scale LEGo..:Jo CALIFORNIA Site Development Plan Amendment 96-14(D) Coastal Development Permit 96-16(D) for proposed Dry Play Slide Attraction LOCATION MAP rn PROJECT TEAM: OWNER; MERLIN ENTERiAINMENT GROUP U.S. HOLDINGS 1 LEGOLAND DRIVE CARLSBAD, CA 92008 TEL: (760)918-5300 CONTACT: CHRIS ROMERO, DIRECTOR OF MAINTENANCE EMAIL: CHRISTOPHER.ROMERO@LEGOLAND.COM APPLICANT: HOFMAN Pt.ANNING & ENGINEERING 3152 LIONSHEADAVENUE CARLSBAD,CA 92010 TEL:760)692-4100 FAX: {760} 692-4105 CONTACT: BtlL HOFMAN EMAIL: BHOFMAN@HOFMANPlANNING.COM LANDSCAPE ARCHITECT: R. W. APEL LANDSCAPE ARCHITECTS, INC. 571-B HYGEIA AVE. LEUCADIA, CA 92024 TEL:(760)943-0760 FAX:(760)94l-0760 CONTACT: RICHARD APEL EMAIL; RWAPEl..2@COX.NET ATTRACTION MANUFACTURER PRIME PLAY 1418CLIVEDENAVENUE DELTA, BC, V:lM 61...9 CANADA TEL:+1-604-526-7529EXT.117 FAX:+1--604-526-7527 CONTACT: NATHAN JONES SHEET INDEX Sheet No. Title COVERSHEET LEGOLAND INNER PARK SITE PLAN EXISTIN(; SITE Pt.AN· LAND OF ADVENTURE CLUSTER PROJECT SITE PLAN GRADING & UTILTr/ES PL.AN LANDSCAPE Pt.AN & WATER CONSERVATION DRY PLAY SLIDE ATTRACTION PLANS & SKETCHES DRY PLAY SLIDE ATTRACTION PLANS & SKETCHES LEGO._:jD. C.ALIFORNIA 1 LEGOlAND DRIVE CARLSBAD, CA 92008 {760) 918-5300 SITE DEVELOPMENT PLAN AMENDMENT & COASTAL DEVELOPMENT PERMIT SDP#96-14(0) C0P#96-16(0) DRY PLAY SLIDE ATTRACTION r-wJ\pel landscape architects inc Thi! con11111t1 d'!tacb;urrmnl mndl1$o ~ay ""°"""""a/L!cGOI.ANO~~~ --•,,,..,paf1yrea,M-,gttu~ -tolnmnlklanceand-lha!U.., lnlonnallonconlalnedhernlnshallnotbl,duplcaled lnwlmorlnpart.nor-lo°"""'wtthou1 ~prlorwrlltenconsenld'LEGOLAND CITY SUBMrn ALS -&SOP96-14(0)/COP96-16{0) AddDryF'lllySldeAHt11<:lktn(15llubmltal) COVERSHEET Scale:asshown Febru.iry 2. 2009 Sheet Number 1 of8 \ "' ! i 1+-1-1-~'-----_--_==_=~:..-____ +--";;;=------------------.i, _ __, \ I : ' ! i \ ', I \ \ i ------.....\_ ~ ,,, \ \~ \ \\ \ \ l;, \ t \ -~ ADDITtONAL HT LANDSCAPE SETBACK 35'BUILVING& LANDSCAPE SETBACK LEGOLAND INNER PARK SITE PLAN PUBLIC TRAlt EASEMENT ------ AREA OF SITE PLAN REVISIONS (EAST EXPANSION AREA 3): ADD D~y PLAY SLIDE ATTRACTION. PROPERTY' LINE/ SECURITY FENCE 0 50' 100' 200' SCAI.El"-100' r--, ... _ __,---1 PROPERTY DATA UERLINtNTERTAINMf':NTGROIJP U.S.l-10l.J)f,lcs 1LEGOI...\NDDRIVE CARU.0.,,0CA.ll2Clllll Tn.:700,818--6300 1-JCOM.N Pl.ANNING & EHCt£ERNG Jl52LloNSI-CADAVL CARLl!;B,o,DCA..92010 ID..:760.002--t100 APl>UCA1JDH: SDPAW:NDMf'.NTYl>-14/IJ) CDPAt./lfcNDI.ENTllfi.16(0) PROJECT AOOOESS: t l£OOU.MD DR. srnu1CREAGE(LOT16~ t,INERPARK: CARLSB.t,D.CA92008 211-11Jtl-09&211-100-11 LOTS1BB190FCJJYOF CARLSB,l;DTRACTlll4-09. CARLSB/\DRIINCHUNtrS2&3.MIIP 1134011,0FFICEOFTIUi:cOUNTY RECOfU,eROFSIINDIEGO. ~ GCNERALl'I.J\111: T~ EXr$Tt<!GLAND USE:. HEME PAftK SEWERDISffilCT: CITVOFCARLSBAD WATER DISTRICT: CARLSIIAIJMUNICIPALWAlERDISTlUCT CARLSBADUNFIEDSCl-lOOLDISffllCT BUILDING SQUARE FOOTAGE: THERl>GE: -~~ 13,7J1SF l4,6&0SF 1!1,56DSF 18,/117SF Sl:Jf\lll:l:.&ADMfi!SJHATJ()N, 53..]5.'1~ ~ PRATE SHORES: 2.94fiSF PEflCENTI..ANDSCAPING: WNERPARK! Ol.Jl£RPARll'.: TOTAL: 54""'29.ll!.iAC.(1,3D4.GT4SFJ ffl.,.3319AC.(14411.075SF) 49%U.15Ac.t2.T!i0.149SF) LEGOL:JD. CALIFORNIA 1 LEGOlAND DRIVE CARLSBAD, CA 92008 (760) 918-5300 SITE DEVELOPMENT Pl.AN AMENDMENT& COASTAL DEVELOPMENT PERMIT SDP#96-14(0) CDP#96-16(D) DRY PLAY SLIDE ATTRACTION r.wApel landscape architects inc Thec:onll!nbolthlo11DaJmenl--..«ul8~ lnlonnallonolLEGOlJINDcalfqria.,.go,<:>l,er --•· ~pmty!909M,,gll,lsd"""'"'8nt doMIOln"""""""°'--"thiolthe lnlomlallonconllllnodhen>lnohaillnotbe~ ln....,..orlnpa,t.nor~lt>Dlhln-.«lnll 1',-P_R_O_J_E_C_T_D_A_T_A _____ ~-~pokitwrllw,mnsomloll.EGDI.AND P()TABlEWATER(,..e,-/p,eM.~-~ OGPM Rl:CLAIMEDWATtR(p,>adoly"""->d~ !,DCPM Si;WAGE GENERA TEO: CITY SUBMITTALS -&,50P96-14(D)ICDP96-16(l)) 2fl'l>09 AddDryl'layS .. eAltractbr,(161• ......... l LEGOLAND INNER PARK SITE PLAN Scale:sss.h(,wn Februa/}12. 2009 Sheet Number 2 of 8 ,,,,,,,, .. \~:.:;; ................. ~ EXISTING SITE PLAN -LAND OF ADVENTURE CLUSTER LEGOL:JD. C.ALIFORNIA 1 LEGOlAND □RWE CARLSBAD, CA 92008 (760)91B-5300 SITE DEVELOPMENT PLAN AMENDMENT & COASTAL DEVELOPMENT PERMIT SOP#96-14(D) COP#96-16(D) DRY PLAY SLIDE ATTRACTION ~by: r-wA.pel landscape architects inc =~==:w...~ lwlittad-.M<fparty--.gNI~ -oolnfn'lldanal-"!J"MSlhallha Wo,malmcmtalned---be~ lnwmleorlni-t.,,.,._k>_wMIOUI ~p,lorMlllenc:onMn1clLEcGO.AND cnv SUBMITTALS & soP9&-1'(D)lcoP96-16(0) 2fllll09 AddOryF'lr/"Sldo-4111-...i.l) EXISTING SITE PLAN LAND OF ADVENTURE CLUSTER February2,2009 Sheet Number 3of8 PROJECT SITE PLAN LEGOLIJD. C-ALIFORNIA 1 LEGOLANO DRIVE CARLSBAD, CA 92008 {760)916--5300 SITE DEVELOPMENT PlAN AMENDMENT& COASTAL DEVELOPMENT PERMIT SDP#-96-14lD) COPf-96--16\.D) project DRY PLAY SLIDE ATTRACTION r-w-Apel l~ndsczape architects inc Thilconlenlll<111hl!ldowrnenf,,,.,..ut,,~ -..llon,>fLEGOlANDCllllforre"'1dh:tr- """1edl!lfltffll,a. Nr,p,n1rl'9<0lhllgf,mdoo,..-t -wl<-.~omd""""""'llllllllwl ~lbiconllllt,edhel't>ln&llallnolbl!~led 1n'""°"'orlnp,,,1.""'df!d:>""<ltor,/fl..,,,....,u1 ~prt:,rwrftlen-lltLEGOlAND -&_SOP96-14{0)/CDF'9&-16(P) PROJECT SITE PLAN Scale:asflho'Nn February 2.2009 Shee!Numt,e,- 4 of 8 CONCEPTUAL GRADING & UTILITIES PLAN ABBREVIATIONS BC-• BOTTOM OI" ~ ~AT10H BN • BOTTOM OF '1AlJ.. B.EVATIOH EX.OR(XJ•EXISTlNS ~ • f"lNISI-I R..OOR~ATlON F4 • FINISH OR,.toE a.EVATION r"3 • f"IHISH !UV'AGI!! a.l!VATION f"AD • f".aD ~ATION T,S. • TOP OF DRAIN 6RATE / ll'Lf:T TG-• TOP OF GI/RB B..EVATION ll"I • TUP OF r1,l,l.L B..EVATION GRADING LEGEND EXl5T1NS SPOT EI...EVATION ~ ~ 5POT B.EVATION Dlf'EGTION OF stR"",trGE R..Ot'I UTILITIES LEGEND -SS- -RV- -W- -G- EXIS'TIN6~M,I\IN EXIST'IJ't,, ~lt-EP Nl'lER MHN EXISTINS POTAel....E ""1'$ MAIN -[ -EXISTINS a.EG'TRlc.o.L MAJN ~ ~::-~~TORM DRAIN QMH HANHC!...EORCL.EAAOUT t-60TE, HOta"lf'OT.-.el.E"'-1'ER.~1'£CJ 11,6,.lER,~ORe..-.S!lERVIGEOR EX'l'aGION AlOM El<ISrut,, IS ~ FOR THI'-~T. HUI EU:GlRle,,trJ.. ~ ~~ AND NILL !51:: ~ r'ROM CXl$TIN6 ON 511'1: FKILITIES. DRAINAGE LEGEND Tl'l"'l:"A' @ 0 ta1 l2"X12' ~ DRAIN BOX NITH G~T IRON pARJOoY,y 6RATI: (l..>-ND5C.N"EN<EM}. te'I 6' PI...A5TIG ATIU.H i5RA'TE, ~ C'FOR f'IJ,NTINS NEAS). te1 6' E!RAS5 &RATE ,v 5'T"'(!;!;BE GOU.,l,R (FOR PAVED~). Na"IJrre5!:iE1'£RtDRAINP1P!;Of' --5Cit+. 40 PYc;. (SIZE~ tc:l'TED) KEYNOTES 0 EX1STINS ..-eovE 6ROUt'V UTILITIES t V"'-V'C eo.xe TO ~NAT ~$TINS ~ATlote. ADJJ9T a.EVATIOH OF EXISTlNS V.ALVE BOX GCVER5 I MAN I-IOLE5 TO EIE f'UISH '1ml l'E1 FINl51ED f"Ava,e,iT OR 50IL !11.W,A,C;E B..!!VATIOK. GENERAL NOTES I. eRADINl!t !'JPC)IL.5 !lH,A,I_L l3E Snx.KPIL.EI, AT 11-E LE60L,tr,NO ~TH EXF.ANSION ~ OFl AT N4 "'-~TIVE ON-SITE LOG,,l,,TION AS DIRE:C.'T!=D BY U$0l.Jt,HD. ::Z. f'll'tlSH 5R,l,De NILL 'P'POVID!! A MIHIM.M POSITIVE DfV,,fMA6E OF 2'5 TO st'l,l,L.E !5' Al"l,6,.Y FROM EIALDIN&. !;5. ~ )',I01 llf1UTY Na;) ~™'"'61: ~T&f POI~ OP GGINIEGTION ~ PRELIMINARY ND 51.8.EGT TO ~SION AT FINH.. DE'516N NlD f"aQollTDR,ANNS SIB-IITT,t,L.. EARTHWORK QUANTITIES GUT, FILL, SCALE: 1" = 10' NORTH r-..i-i~ LEGOLJJD. C.ALIFORNIA 1 LEGOLAND DRIVE CARLSBAD, CA 92008 (760)918-5300 SITE DEVELOPMENT PLA.N AMENDMENT& COASTAL DEVELOPMENT PERMIT SDP#9&-14(D) CDP#9&-16(D) Project: DRY PLAY SLIDE ATTRACTION r-w-Apel land.sc.ape architects inc Thtt~dlhlodoaJmem"""1Slluteprnpr1Mary .-darnmbi ol LEGOI.AND C8llft>ml:o _,.._ """1ad"""°"•· Arr,party,ea,Jmglludocurmnl -.1oln,:u,lklence-egr1!95lllalthe .,farrnahiconlalnodhctm ..... nolbe~ted .,..,..,...,i-!.nor~lonlllers"""'3111 ~prb"wrillm,:or-,,tdLEGOI..AND CITY SUBMITTALS -Lf:'..sDP96-14(D)lcoP96-16(P) Mdllryf'laySldeAUradb>(lol.Blanllnl) CONCEPTUAL GRADING & UTILITIES PLAN Februmy2,2009 Sheet Number 5of8 PLANT LEGEND .A,l.Lf"I...N,l'TIM51NllC~~Tl5~"zote2"/'6DEFIIED8Tlll!!~ ~ 1-INIJAL n£St! ME PL,l,HJ'5 OF MOCJERA"T!; TO LDt111AT91. USE, OF~ GIJAL.trr. l"'l,.loHT5 ME LISTE' 1M 6RGII.P'IHSS TO ll'Olc.,lrr,11= f'1.>,NTS OF-51Mll...M. SIZE NO Pl.Nff1MS PE:Sl6H ~T!RJ5TIC-5. l"I...Nn5W11i!N~MAY~/dAL.~~l"ORllCl"INAL.tel6N ...,...,. PEPPBtMIMT 'ffl:EE 24• eox PER F'L.,l,N 9l'\llrl"I I-ILL FRl/lTI...eSe OLIVE 2-1-· eox ~ PlN\I """'6H,I\N~ :z4•r,ox f'eRPL>N 0 0 COT~ L.JrGiae "'"""""""'""""" ---=~ .._._.,........., """"""""""""""' ~ .... ~L,te,/l&"l\.M ,.,,.,_,e N5,AVESPEC,lfi;S GH..J..15Te-t0N~.JOI-N' """""-",-;"" 1""1~ c.l'VrlSelFOULM ~Tef,l,,x~CJS) LQl"f lt:flU!il f fPCM?CZ--:, LANDSCAPE NOTES NL"--.,_,.,_,_ ~6lJAYA . ~_,. """'""""""" v ........ ,A,IJSlRAl,..INllEA1'lEE "'""""""""'"' M,._VE(VNUCA.IS} UTTU!~~i,fU';H v""""' ..,, .. __ ,..,.,. .. ,._ .. ..._ .. ..._ . ...._ .. ..._ .. ..._ . . ..._ .. ..._ . ...._ .. ..._ ...... ...... . ..... ...... 5'-1'O.C.. 5'-"l'OL.. 1'-IO'O.G . !ll'-1'0.C,. • !11"·1'0.C. . 5'-1'0.G-. !1'-"l'O.G. 5'-1'0.t:,. 4'.-6'0,C. !ll'-1'0.C.. 4'-6'O.G. 4'-6'0.C. 4 .... '0.C.. !11'-TO.C., 12•0.c,. 12"0C,, 12"01':,. 12"0.G, MINIMUM SLOPE PLANTIN5 STANDARDS ('"ERC¥!'5fttP~MN,IJ,ILJ, ftT.ypARP !! -GQYBl GBPf' / Bsrf:!2Re3P l'YlBtY' rfr'tI ,COVER CROP 5H,IIU. EE A SfB> MIX n?JGH..J..T MilOe ~ Of' GlUlc.,:; ~TIN& NI? l"'MT&RONIM~.~ NO,'OR l'll..DF\...Q'ER5. TI-E Govat. GROF' 51-W.J... 8E N"Pl..lB1 AT A RATE NO HNl'£R 51.JFFICIENT TO PROVIDE "'°" CCVERME Nl-nflN ffllRTY 11.-.YS. N:1~ 5~ HAT 15 ~ rte,! ~ OGGU1e ~ ~T ~N'RIL. l!J. 5J:ltP"flP!2·!iflPIN2C9YEB too,r,OFTI-ENtEASf,WJ,.EIEPl..,lr,NTEDNTHA~ IOli:lt'f'I TO H,r,VE ~ 50IL BIIC:l'IN& CHM,&,C,11:RJSTic;!!,. ~ SP,a,c.ec, TO PROVU;;,e I~~ IN.ott:. Yelt«.(EX.~ GUm~F'Rc!Ml'VliS!PAC;ED • 12" ON~- OIN:12¥12 II!!, -J QM,..,.,., LOrl ~IH& l't:IOl7f ~ n-t..,t.t,rm, ~ MINIM.M 2-e.'4" UNEl'l5J 51-W.J... GOVER A MINlMIM "TOIi OF TIE 51..0f"E ~,<,c;e (,._T M,l,TUFlE SIZE;/. ,._ 5,.0f'e 9' OR LES5 IN VERTICAL tEIOHT NlD HE ~ TO F'\et...lG, 11,1,,l..),:;s OR 5~ 5T,,,_,,r,,p,p"'~- B. ~ 4' TOD' IN IEk!+fr, STNlD""""5 "'• .2 & 9 AEalJl,-a,_ C. ~ IH EXGE'9S OF 9' IN +El6Hr, 5TNCl,l,RPS ... .2, 9 & 4 Fra::aARED. SOIL PREPARATION t M!LCHIN<>, HORTIGlL~ !501L.S ~ 91-W..1.. ~~!"OR ~AT!~ SOIL T'l'PE5 NCI l"l..,l,NTlN5 Ji,,PEA5 l'l'TffH nE f'RO.EGT !>,REA~ !l.eHITTED TO 1lE ~ ARGHITEGT f"OR ~ "-"'H'f1Hl9 ~ 5HAL.L E!E H1l:Hl;IEt1 ,t,c;.c.cJRplH9-TO 1lE ~AT10M9 OF nE 50IL.S REPORT. ~ 1"1.1..GH ~ ~ N't"LIED TO ,tU. Pl.NmHS ~ AT A MIHIM.H ~ or 9• ~ 6,1 l'J'D~"Ta~~).~eR,l,Mlff"M,l,Y~~ IHLl~Of"~H.l.GH IH Pl.,l,Nf1N5 ~ 6,1 ~ OR I.Z55. LANDSCAPE IRRIGATION & WATER USE ALL l"l...,lt,NTlM ~~er: tN5T~ 1'11-ni A~~~ l~&AT10N 5fl-re-t. Rl:G'fc;.LEP ,vr,.TER l'IIL.1. E!E USED f'OR AU.~ AAEH!>. Tl£ 5~1&1 SH,l,L.L bE FU.1.Y ,o,urOH,t.TIG-NlD ~"T?P INTO TI«" ~5TIHl5 U!eOL..,t,M, ll'Rl6ATION GENm,1,1. ~ Tie EX15TtHS 5T5TEM INGORPORATE5 ~ ON--5ITE l"EAnert STATIOH rt-ilGH f'ROVIDE5 ~ Tll"E i'EATl-ER NCI ~ITATlON DATA TO Tl-£ GENTRAL ~ Del6'-I .AiND OA:R,1,,TION OF nE IRRl6ATION 5'1"5TEM 51-WL cot-FLY rvn-1 nE R8ll.llR&£NTS OF Tl£ l"OI..L..ONINll'r5U...ATORT"~le.(l)elTYOf"c;~~~(2)c;.~ t,,U,llc;IP,tr,I.. ,vr,_Tm Dl5'Tl'QG.T AND,~ 9M Dll:60 c;cul1y ~~ Of' ~....._ H,,L. lll. IRRltS,A,.TION ,vr,.TER, USE f5Tlt-1ATE fREc;Ya..ED), WATER CONSERVATION MEASURES TI-115 P"RO.Zle-T HAS i,fEN. ~h9t~ TO l~"TE n£ 1'01..J..OrUN& l..NG5e~ ,vr,_TfRc.ofEl!RVATlON ~ l"L>HtS NITI-1 51M1L.AR a.l.lUVr,L. ~OF~ fOIL.5, ""-TBt ~ MC> .-e5TteTlc;. c;+i,,lrrR,IG~ISTIG!I Nilr. ~ TOSETHER.. Ml6ff~TERUSIH&f'LANT9/>PE.5EPMATI=D~LON ""-1Bt U5IN5 ~. PROHOTIH& l:n"!Claff we or "'~ HIIMCR ""-1?3". U51N5 "--""HT9 Nilr. ~GTm TO~ a._ose TO f'\.t:11...IC 6An£RIM5 NfEAS, SUCH Id Tl£ MIC,,,..,Y, PL.AVro9 NG;) ATTIVGTlON GII..E.e.L..Ot"eR~~ielN5~N¢.IJ5a:ll"Ol'lll=~CII' Tle~IHCL.WIH5St...oPl:SNCIJ...eSVISlel.E~~ NlE>a. l"il.L f'l..>ffTINS ~ FOR TI-115 PRO.E:GT NE GlASSIFIEP AS UltE 2 (REFltED) M DB9t£0 IH 1l£ c;Ml..5B,'O l..,l,Nl?5C,lrf 1-WCW... l"l.Hn"S USED IN 1l-15 ZOM: HA.VE: ~TE TO L.O'£I" 11ATER f'E£DS. T1-119~19~ATE!l"ofit.Tief'F'DP051:Dl"I..ANTP~rt-ffGH 15 CIESl'91ED TO ~T nt::: Mlc;,i:;,\..E EA5TtJVol DESERT TlD'E OF nil5 A~TIOH~ : j : • , ·/ : ... _/ // /;:_,.,!_: __ (}' :/ . ' ~· ' ;.~~_:,f . Je"I~~-~ .:..\,-TOf'\..H,ITLIST)TYPtc;,l,L ; '>!5YM30L. , ,,:(!!1-;--4•esox ~j/ / ,, ( 5QH l"'9TNYffiQH 50IL ~ l"GlL ee ~ ~ 1lE SITE AND ~L:5 ~ ,t,GGC:IRDINS TO Tie ,Oil. Rf.'f"ORT~ATiote. OR&NIIC GOHP05T )"IL.1. E!E l~TED tHTO T1-E 50IL TO~ MOl5~ HelDIH5 e,t.p,t,c;.tTY. TI-r ~ PNV< &l'\.OT"!S A 9TATl!~-fl-r-N'1"" ~ eotnROU..ED' IRRISATlON 5TSTEM. i'\l,,.TERIH5 !G+£DUL.ES NCI: eotnROU..ED' PY NI ON-$ITE l'E,l.TIER STATION 11-io'T Mt::INITORS ~-Tl~ ~1'DNl-etTAI.. C:.O,C,ITlcte 5l,JGI-I M~IPITATlON, fU-f!Drrr-NO l"Cltcl VB..OGITY. ms Al..i..Ot'S ""-"TB'. TO ee N"F'L.IEO TO T1-E LHb5C.N'E B""5a7 ON ,.t,c;.1\J,tr,I.. eotolTl~.AA"Tl-EFl TiiAN 1"RESET ~-TI-C~ f'l'W..Ec;T t«U. el!' ~6ATW NITI-IA ~. ea...or'I 8RAi;,E IRRIS-ATION SYSTEM "TtiAT 15 IKTE19RA-,-a, IKTO TI--1:. PH'lK'!o COl-1P\11Bl ~ SYSl"B-l ···-.. ___________ 05= '·--.,. _______ ,,_;; (~ CONCEPTUAL LANDSCAPE PLAN 1lE ~ f'll'O..ECT l'ILL BE IRRl&ATEtl l'IITH REGl.AIMECI M"TB'. (M IS "TtE EXl5~ L.EeOl.AHD PNOQ. NO ~.-.el-E MTB'l ,cll.L SE USEDIHTI415AAl!A. A MllilH.H T1-t'l:l::I:: INCH DEEP LA"l"t:R OF OR.SANIC HA.CM l"IIL.1. E3E H'Pl..lm TO .-.U.. 51-""9 ~ f'P-OMOTIM6 ~ OI" 50IL ""'"'""' f"RQfT'RL.r.Nl?:Xi:r!,PP~Hl'M•t JIJIT THe" l"RGJ.EGT NLL t!Je HNHTA/t-81 BY ~'9 ~ liORTICU-~ STN'!" NlP/OR ~y ~58' OU"T51E'I! P~-T1-E 5TN'F HA.5 I..DMS-TfRH EXP!aR!eNGE l'IITH TIE !iPE:GIFIC c;oNCIJTJON!!, NC e1-W.1.EH6ES OF TIE ~-1:GT srTE ND HAS ~ ~ OI" rtiATl"l..Nff"5 ~ 1'E..l...l1-llc=.I-I DO ICT, NfO HOW TO~ HORTlaL~ PROeL&6 "TtiAT """y OGGllR.. T1-E l..>,HDSc;N"E RECEIVES MAI~ ON A OAILY E'A5l5 ~ ~GIJIGK ~ Ol" 1""-!6ATION 5T'"ST5-I ~ FUUl-ERl'!EtU::-NMTSI.~ 0 UY 2cr SCALE:1"=1cr ~ :::( NORTH LEGOL:JQ C.ALIFORNIA 1 LEGOLAND DRIVE CARLSBAD, CA 92008 (760) 918-5300 SITE DEVELOPMENT PLAN AMENDMENT& COASTAL DEVELOPMENT PERMIT SDP#96-14(0) CDP#96--16(0) Project: DRY PLAY SLIDE ATTRACTION r-wJ\pel landscape architects inc Thec:omentsollhl!ldo:lcumM!rnnzllulnprnprm1-y inlonnll1k:i,,o1LEGOLANDCdromliolll"A'tr- relat9clenlllles.Ar,ypar1y.-glt"Ulloamanl dou,so.,a>rolldunalandagr,,eslllatllle '""°"""°""IX)ntan,d_.,"""'nolt,edupl::atcd .,whnl,,or.,part,norrthdm,,,tlontt,,n..itlnrt ~.:',_"'""pi1orwrtnn,,,,,._,,.olLE(XUND CITY SUBMITTALS -o,. fhsDP96-14{D)/CD?00-16(D) 2F,,1,0!I Md0ryl'laySldeAttmdbn(1.tBl.ffllltal) LANDSCAPE PLAN & WATER CONSERVATION MEASURES Scale:assllovm February2.2009 Sheet Number 6018 THEMATIC CONCEPT -FRONT AND LEFT SIDE VIEW THEMATIC CONCEPT -REAR AND RIGHT SIDE VIEW NOTTO SCALE 4-• .. ,,.,, ,.J,c_;i.,._,::.'R[: ?:N-_: PLAZA ViEn!Nr.;." AREA PLAN VIEW (STRUCTURALVIEWWITHOUTTHEMATICTREATMENT} FRONT AND LEFT SIDE VIEW jSTRUCTURAL VIEW WITHOUT THEMATIC TREATMENT) SCALE; 1/8"=1'--0" NOTTO SCALE LEGOL:JD. C.ALIFORNIA 1 LEGOLAND DRIVE CARLSBAD, CA 92008 (760) 918-5300 SITE DEVELOPMENT PLAN AMENDMENT& COASTAL DEVELOPMENT PERMIT SDP96-14(D) COP96-16(D) Project DRY PLAY SLIDE ATTRACTION r-w.Apel landscape architects inc NOTICE =~~~~~ tolahid-.Anyp,or1Jff!OOM1gDadoamanl does10..,....-.C..8nd8Q1'99Slhallhe ... klmlalloncontalnedhetet,shallnotbeduplcaled J>-ori'1p"'1,...,.disd:>sedloott!efs"'"'11M ~~p!brWllttenc:cnsentafLEGOI.ANO COY SUBMITTALS o .. &_SOP96-14{D)ICDP96-16(D) 2Feb09 A<MD,yPbyS1de"arac!b,41s1........w1 DRY PLAY SLIDE ATTRACTION PLANS & SKETCHES Scale;asshown February2,2009 Sheet Number 7 of 8 RIGHT SIDE ELEVATION (STRUCTURALVIEWWITHOUTTHEMATICTREATMENT) SCALE: 114"" 1'-0" ---'js- FRONT ELEVA Tl ON (STRUCTURAL VIEW W1THOUT THEMATIC TREATMENT) REAR AND RIGHT SIDE VIEW ISTRUCTURALVIEWWITHOUTTHEMI\TICTREATMENT) SCALE: 114"" 1'-0" NOTTO SCALE LEGOL:JD. CALIFORNIA 1 LEGOLANO DRIVE CARLSBAD, CA 92008 (760)918-5300 SITE DEVELOPMENT PLAN AMENDMENT& COASTAL DEVELOPMENT PERMIT SDP96-14(D) CDP96-16(D) Project DRY PLAY SLIDE ATTRACTION Prnpan,dby: r-wJ\pel landscape architects inc 571.eHygei,,A......,.. L~.CA9202'1 telllb(760J94J-0760 =~:s TheccntenlsoflN!,dcx:utm,,,lcon,dutepmpmlay i1tt>nnslloncfLEGOLANDCalrarnla"""'°'mher ""81B<!Bfllllle1.~par1yreceM,glludQIUl'l9fll doesoo..,~andegreeslhatllla lnfomv,llo,contahidhermshalnolbeduJ6,ated t1~orhpart,-~IDDll1erswlthDUI ~~p,k,r-consMllofLEGOI.ANP -&SDP96-14(D)ICDP9&-16(0) 2F<>b09 Add Dly Play ~e Allracll>n (lot~ DRY PLAY SLIDE ATTRACTION PLANS & SKETCHES Scale:asshown February2.2009 SheelNumber 8 of 8 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. 6024 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, FOR A DETERMINATION THAT THE PROJECT IS WITHIN THE SCOPE OF THE PREVIOUSLY CERTIFIED CARLSBAD RANCH SPECIFIC PLAN AMENDMENT PROGRAM EIR AND THAT THE PROGRAM EIR ADEQUATELY DESCRIBES THE ACTMTY FOR THE PURPOSES OF CEQA; AND A REQUEST APPROVING A SITE DEVELOPMENT PLAN AMENDMENT FOR THE LEGOLAND CALIFORNIA THEME PARK TO PERMIT THE CONSTRUCTION OF NEW RIDES, ATTRACTIONS, AND ACCESSORY STRUCTURES ON AN APPROXIMATELY 128 ACRE SITE LOCATED ON THE NORTH SIDE OF PALOMAR AIRPORT ROAD EAST OF ARMADA DRIVE AND WEST OF HIDDEN VALLEY ROAD WITHIN PLANNING AREA 4 OF THE CARLSBAD RANCH SPECIFIC PLAN AND WITHIN THE MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE 13. CASE NAME: LEGO LAND CALIFORNIA EXPANSION AREA 3 AND THE PIRATES CLUSTER CASE NO.: SDP 96-14(8) WHEREAS, LEGOLAND California, LLC, '"Developer/Owner," has filed a verified application with the City of Carlsbad regarding property described as Lots 18 and 19 of City of Carlsbad Tract no. 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, recorded in the Office of the County Recorder of San Diego on April 1, 1997 ("the Property"); and WHEREAS, said verified application constitutes a request for a Site Development Plan Amendment as shown on Exhibits "A" -"P" dated January 18, 2006, on file in the Planning Department, LEGOLAND CALIFORNIA EXPANSION AREA 3 AND THE PIRATES CLUSTER -SDP 96-14(B) as provided by Chapter 21.06/Section 21.53.120 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 18th day of January, 2006, hold a duly noticed public hearing as prescribed by law to consider said request; and 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 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 Amendment; and WHEREAS, on May 20, 1997, the City Council approved, SDP 96-14, as described and conditioned in Planning Commission Resolution No. 97-670. 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 LEGOLAND CALIFORNIA EXP ANSI ON AREA 3 AND THE PIRATES CLUSTER -SDP 96-14(B) based on the following findings and subject to the following conditions: Findings: 1. 2. 3. 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 design complies with the requirements of the Carlsbad Ranch Specific Plan. Development of the proposed expansion areas will not encroach into the required building and landscape setbacks for the perimeter of the site. The required building and landscape setbacks provide an appropriate buffer between the LEGOLAND Park and existing, as well as future, development. 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. Total building coverage on the site is only 3.5 percent and total landscape coverage is 49 percent of the total site area. All required parking has been constructed and the infrastructure needs of the expansion areas were planned for the with the initial park construction. 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 project design includes additional henning and landscaping in the areas proposed for development adjacent to the service road to screen views from within the visitor areas of the Inner Park to necessary park facilities and infrastructure not intended to be viewed by guests. Adequate vehicle and bus turning movements were included on-site with the construction of initial improvements. A service road was constructed around the PC RESO NO. 6024 -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 4. 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. That the street systems serving the proposed use is adequat~ 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 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 based on the facts set forth in the staff report dated January 18, 2006. 6. · 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, 7. 8. 9. a. b. The project has been conditioned to provide proof from the Carlsbad Unified School District that the project has satisfied its obligation for school facilities. 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. 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. The project is consistent with the Comprehensive Land Use Plan (CLUP) for the McClellan-Palomar Airport, dated April 1994, in that a Notice Concerning Aircraft Environmental Impacts was previously required as a condition of approval and was recorded on August 14, 1997. The project is compatible with the projected noise levels of the CLUP; and, based on the noise/land use compatibility matrix of the CLUP, 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. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal Code Section 14.28.020 and Landscape Manual Section I B). I 0. The project complies with the development standards and design guidelines of the Carlsbad Ranch Specific Plan (SP 207(A)). PC RESO NO. 6024 -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 11. 12. The Planning Director has determined that a. b. c. d. e. The project is a subsequent activity of the Carlsbad Ranch Specific Plan for which a program EIR and subsequent Mitigated Negative Declaration 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)], and a project for which a Mitigated Negative Declaration was previously adopted [15162]. · This project is consistent with the Specific Plan cited above; The Carlsbad Ranch Specific Plan (SP 207(A)) EIR 94-01 was certified January 9, 1996 and a subsequent Mitigated Negative Declaration was adopted in connection with the prior project or plan; The project has no new significant environmental effect not analyzed as significant in the prior EIR and Mitigated Negative Declaration; None of the circumstances requiring a Subsequent EIR and Mitigated Negative Declaration or a Supplemental EIR under CEQA Guidelines Sections 15162 or 15163 exist; 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 issuance of a grading permit or building permit, whichever occurs first. 1. 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 Site Development Plan Amendment. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Site Development Plan Amendment documents, as necessary to make them internally consistent and in conformity with the final action on the project. PC RESO NO. 6024 -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 3. 4. 5. 6. 7. 8. 9. Development shall occur substantially as shown on the approved Exhibits. Any proposed development different from this approval, shall require an amendment to this approval. 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 la~ 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. 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 Amendment, (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 if the City's approval is not validated. Developer shall submit to Planning Director a reproducible 24" x 36" mylar copy of the amended Site Plan reflecting the conditions approved by the final decision making body. Prior to the issuance of a building permit, the Developer shall provide proof to the Director from the School District that this project has satisfied its obligation to provide school facilities. 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, including, but not limited to the following: a. 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. 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 sewe.r 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. PC RESO NO. 6024 -5- 1 2 3 4 5 6 7 8 9 IO 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 10. 11. 12. 13. 14. 15. 16. This approval is granted subject to the approval of CDP 96-16(B) and is subject to all conditions contained in Planning Commission Resolution No. 6025 for those other approvals incorporated herein by reference. Developer shall submit and obtain Planning Director 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. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plan check process on file in the Planning Department and accompanied by the project's building, improvement, and grading plans. Developer shall construct trash receptacle and recycling areas enclosed by a six-foot high masonry wall with gates pursuant to City Engineering Standards and Carlsbad Municipal Code Chapter 21.105. Location of said receptacles shall be approved by the Planning Director. Enclosure shall be of similar colors and/or materials to the project to the satisfaction of the Planning Director. No outdoor storage of materials shall occur onsite unless required by the Fire Chief When so required, the Developer shall submit and obtain approval of the Fire Chief and the Planning Director of an Outdoor Storage Plan, and thereafter comply with the approved plan. Building permits for at least one of the building or attractions shown on this site development plan amendment must be issued within 24 months of the date on which this Site Development Plan Amendment receives Planning Commission approval or this approval shall expire. Building permits for any remaining buildings or attractions shown on the Site Development Plan Amendment must be issued within 5 years of the date on which the Site Development Plan Amendment received Planning Commission approval or the Site Development Plan Amendment will expire as it pertains to any buildings or attractions not constructed. Approval of SDP 96-14(B) supplements the approval of SDP 96-14 and all subsequent amendments. All conditions of approval found in Planning Commission resolutions No. 4083, dated April 16, 1997, remain in full force and effect except as modified herein. Engineering: 17. 18. 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. 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. Based upon a review ofthe proposed grading and the grading quantities shown on the site PC RESO NO. 6024 -6- 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 20. 21. 22. 23. 24. 25. 26. plan, a grading permit for this project is required. Developer shall apply for and obtain a grading permit from the City Engineer prior to issuance of a building permit for the project. The proposed grading operation generates a net earthwork export from the project site. If the export is not to be trucked to a location outside the city limits, then the receiving site within the city limits must have a valid grading permit to accept the earthwork. Prior to the issuance of a grading permit or building permit, whichever occurs first, Developer shall submit to the City Engineer proof that a Notice of Intention for the start of work has been submitted to the State Water Resources Control Board. Upon completion of grading, Developer shall file an "as-graded" geologic plan with the City Engineer. The plan shall clearly show all the geology as exposed by the grading operation, all geologic corrective measures as actually constructed and must be based on a contour map which represents both the pre and post site grading. The plan shall be signed by both the soils engineer and the engineering geologist, and shall be submitted on a 24" x 36" mylar or similar drafting film format suitable for a permanent record. No structure or attraction shall encroach into existing utility easements or constructed over existing utility lines. Developer shall provide the design of all drainage systems to the satisfaction of the City Engineer. All drainage systems shall be inspected by the City. Developer shall pay the standard improvement plancheck and inspection fees. Developer shall have the entire drainage system designed, submitted to and approved by the City Engineer, to ensure that runoff resulting from 10-year frequency storms of 6 hours and 24 hours duration under developed conditions, are equal to or less than the runoff from a storm of the same frequency and duration under existing developed conditions. Both 6 hour and 24 hour storm durations shall be analyzed to determine the detention basin capacities necessary to accomplish the desired results. Developer shall comply with the City's requirements of the National Pollutant Discharge Elimination System (NPDES) permit. Developer shall provide improvements constructed pursuant to best management practices as referenced in the "California Storm Water Best Management Practices Handbook" to reduce surface pollutants to an acceptable level prior to discharge to sensitive areas. Plans for such improvements shall be submitted to and subject to the approval of the City Engineer. Said plans shall include but not be limited to notifying prospective owners and tenants of the following: a. b. All owners and tenants shall coordinate efforts to establish or work with established disposal programs to remove and properly dispose of toxic and hazardous waste products. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil, antifreeze, solvents, paints, paint thinners, wood preservatives, and other such fluids shall not be discharged into any street, public or private, or into storm drain PC RESO NO. 6024 -7- 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 27. 28. 29. 30. C. or storm water conveyance systems. Use and disposal of pesticides, fungicides, herbicides, insecticides, fertilizers and other such chemical treatments shall meet Federal, State, County and City requirements as prescribed in their respective containers. Best Management Practices• shall be used to eliminate or reduce surface pollutants when planning any changes to the landscaping and surface improvements. Prior to the issuance of grading permit or building permit, whichever occurs first, Developer shall submit for City approval a modification to the existing "Storm Water Pollution Prevention Plan (SWPPP)" to incorporate the proposed new work. The proposed changes have to be coordinated with the city's Public Works -Storm Water Protection Division. A discharge permit from the Regional Water Quality Board will be required for the water features that drain into the storm drain system. Information on the water quality of the water features will be required. The water quality information and the discharge permit will be required prior to the issuance of building permits for any water features. The Developer shall show all existing and proposed fire hydrants and the water lines that supply them. If the developer has not already done so, they shall coordinate with the Fire Marshal to determine location of hydrants and sprinkler systems. All landscaping shall be irrigated with reclaimed water in accordance with CMWD requirements. Code Reminders: 31. 32. 33. 34. 35. 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. Developer shall exercise special care during the construction phase of this project to prevent offsite siltation. Planting and erosion control shall be provided in accordance with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction of the City Engineer. 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. Developer shall pay a landscape plan check and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. The project shall comply with the latest non-residential disabled access requirements pursuant to Title 24 of the State Building Code. PC RESONO. 6024 -8- 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 36. 37. 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. Any signs proposed for the Outer Park shall at a minimwn be designed in conformance with the City's Sign Ordinance and the Carlsbad Ranch Specific Plan and shall require review and approval of the Planning Director prior to installation of such signs. Inner park signage shall not be subject to City review unless such signs exceed 20 feet in height. 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. 6024 -9- 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 AND ADOPTED at a regular meeting of the planning Commission of the City of Carlsbad, California, held on the 18th day of January 2006, by the following vote, to wit: AYES: Commissioners Baker, Dominguez, Heineman, Segal, and Whltton NOES: ABSENT: Chairperson Montgomery and Commissioner Cardosa ABSTAIN: MARTELL B. MONTGOMER , Chairperson CARLSBAD PLANNING COMMISSION ATTEST: ~YL DON NEU Assistant Pl~ing Director PC RESONO. 6024 -10- 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. 6025 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, FOR A DETERMINATION THAT THE PROJECT IS WITHIN THE SCOPE OF THE PREVIOUSLY CERTIFIED CARLSBAD RANCH SPECIFIC PLAN AMENDMENT PROGRAM EIR AND THAT THE PROGRAM EIR ADEQUATELY DESCRIBES THE ACTIVITY FOR THE PURPOSES OF CEQA; AND A REQUEST APPROVING A COASTAL DEVELOPMENT PERMIT FOR THE LEGOLAND CALIFORNIA THEME PARK TO PERMIT TI-IE CONSTRUCTION OF NEW RIDES, ATTRACTIONS, AND ACCESSORY STRUCTURES ON AN APPROXIMATELY 128 ACRE SITE LOCATED ON THE NORTH SIDE OF PALOMAR AIRPORT ROAD EAST OF ARMADA DRIVE AND WEST OF HIDDEN VALLEY ROAD WITHIN PLANNING AREA 4 OF THE CARLSBAD RANCH SPECIFIC PLAN AND WITHIN THE MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE 13. CASE NAME: LEGOLAND CALIFORNIA EXPANSION AREA 3 AND THE PIRATES CLUSTER CASE NO.: CDP 96-16(B) WHEREAS, LEGOLAND California, LLC, "Developer/Owner," has filed a verified application with the City of Carlsbad regarding property described as Lots 18 and 19 of City of Carlsbad Tract no. 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, recorded in the Office of the County Recorder of San Diego on April 1, 1997 ("the Property"); and WHEREAS, said verified application constitutes a request for a Coastal Development Permit Amendment as shown on Exhibits "A" -"P" dated January 18, 2006, on file in the Planning Department, LEGOLAND. CALIFORNIA EXPANSION AREA 3 AND THE PIRATES CLUSTER -CDP 96-16(8) as provided by Chapter 21.201.040 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 18th day of January 2006, hold a duly noticed public hearing as prescribed by law to consider said request; and 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 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 CDP. 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 LEGO LAND CALIFORNIA EXP ANSI ON AREA 3 AND THE PIRATES CLUSTER -CDP 96-16(8) based on the following findings and subject to the following conditions: Findings: 1. 2. 3. 4. That the proposed development is in conformance with the Certified Local Coastal Program and all applicable policies in that the project is in compliance with the relevant policies of the Mello II Segment of the Local Coastal Program, the Carlsbad Ranch Specific Plan which serves as partial implementation for the Mello II Segment for the project site, and the Coastal Resources Protection Overlay Zone, as the agricultural conversion policy has been satisfied, the only area of sensitive vegetation on the property has been preserved and is subject to a Coastal Deed Restriction, and all necessary drainage detention facilities are in place. The proposal is in conformity with the public access and recreation policies of Chapter 3 of the Coastal Act in that pedestrian walkway connections to the Carlsbad Ranch Trail System have already been constructed with the initial construction of the park and no existing public accessways are affected by development of the expansion areas. The project is consistent with the provisions of the Coastal Resource Protection Overlay Zone (Chapter 21.03 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 run off, 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. 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. 6025 -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 issuance of a grading permit or building permit, whichever occurs first. 1. 2. 3. 4. 5. 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 Coastal Development Permit Amendment. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Coastal Development Permit Amendment 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. 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 of law. 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 Coastal Development Permit Amendment, (b) City's approval or issuance of any permit or actiori, 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 if the City's approval is not validated. PC RESO NO. 6025 -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 6. 7. 8. 9. This approval is granted subject to the approval of SDP 96-14(B) and is subject to all conditions contained in Planning Commission Resolution No. 6024 for those other approvals incorporated herein by reference. Prior to the issuance of building permits, the appJicant shall apply for and obtain a· grading permit issued by the City Engineer. AU construction activities sha11 be planned so that grading wi11 occur in units that can be easily completed within the summer construction season. A11 grading operations shall be limited to April I to October I of each year. All areas disturbed by grading shall be planted within 60 days of initial disturbance and prior to October 1 with temporary or permanent (in the case of finished slopes) erosion control methods. The October I grading season deadline may be extended with the approval of the City Engineer subject to implementation by October I of erosion control measures designed to prohibit discharge of sediments offsite during and after the grading operation is completed. Extensions beyond November 15 may be allowed in areas of very low risk of impact to sensitive coastal resources and may be approved either as part of the original coastal development permit or as a formal amendment to an existing coastal development permit. Approval of CDP 96-16(B) supplements the approval of CDP 96-16 and all subsequent amendments. All conditions of approval found in Planning Commission resolutions No. 4084 dated April 16, 1997 remain in full force and effect except as modified 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. lf 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. 6025 -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 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 18th day of January 2006, by the following vote, to wit: AYES: Commissioners Baker, Dominguez, Heineman, Segal, and Whitton NOES: ABSENT: Chairperson Montgomery and Commissioner Cardosa ABSTAIN: MARTELL B. MONTGOMERY, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: ~/4 DON NEU Assistant Planning Director PC RESO NO. 6025 -5-