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HomeMy WebLinkAboutSDP 2021-0020; LEGOLAND PROJECT 2023; Admin Decision LetterMay 10, 2022 Tom Storer ('city of Carlsbad BFILE COPY JY/-.,i/-<✓ s-/11/22 Merlin Entertainment Group U.S. Holdings, Inc. 1 Legoland Drive Carlsbad, CA 92008 SUBJECT: Dear Mr. Storer, SOP 2021-0020/CDP 2021-0054 (DEV2021-0220) -LEGOLAND PROJECT 2023 -Request for approval of a Minor Site Development Plan (SDP 2021-0020) and Coastal Development Permit (CDP 2021-0054) for the partial removal of an existing attraction and construction of a new attraction in an active cluster within the Inner Park area of Legoland California. The subject property is located at 1 Legoland Drive, in the Carlsbad Ranch Specific Plan, Mello II Segment of the Local Coastal Program, Commercial Tourist (C-T-Q) zone, and Local Facilities Management Zone 13. The City Planner has completed a review of your application for a Minor Site Development Plan (SOP 2021-0020) and Coastal Development Permit (CDP 2021-0054) located at 1 Legoland Drive. A notice was sent to property owners within a 300-foot radius and occupants within a 100-foot radius of the subject property requesting comments regarding the above request. No comments were received within the ten- day notice period (ending on April 30, 2021). After careful consideration of the circumstances surrounding this request, the City Planner has made a decision to APPROVE this request based on the following findings and subject to the conditions listed below. Findings: SOP 2021-0020 1. That the proposed development or use is consistent with the general plan and any applicable master plan or specific plan, complies with all applicable provisions of Chapter 21.06 of the Carlsbad Municipal Code, and all other applicable provisions of this code; in that the project is consistent with the Visitor Commercial (VC) General Plan Land Use designation and is subject to the development standards of the Carlsbad Ranch Specific Plan. The Specific Plan is found to be consistent with the various elements of the General Plan, and the project design complies with the requirements of the Carlsbad Ranch Specific Plan. The partial removal of an existing attraction and construction of a new attraction within the Inner Park is consistent with the goals and vision of the Specific Plan for the Legoland Inner Park, and the project design complies with all applicable Specific Plan development standards. Community Development Department Planning Division I 1635 Faraday Avenue Carlsbad, CA 92008-7314 j 442-339-2600 www.carlsbadca.gov SOP 2021-0020/CDP 2021-0054 (DEV2021-0220} -LEGOLAND PROJECT 2023 May 10, 2022 Pa e 2 2. That the requested development or use is properly related to the site, surroundings and environmental settings, will not be detrimental to existing development or uses or to development or uses specifically permitted in the area in which the proposed development or use is to be located, and will not adver~ly impact the site, surroundings or traffic circulation; in that the partial removal of an existing attraction and construction of a new attraction within the Inner Park will not be detrimental to existing uses since the area immediately surrounding the project site is also within the theme park, and there is significant distance between the proposed project and existing development to the west of Legoland Drive. The proposed attractions will not generate any additional traffic and will not adversely impact the site or surroundings because it is part of the developed theme park. 3. That the site for the intended development or use is adequate in size and shape to accommodate the use; in that the site is already developed with existing theme park attraction areas, and the proposed replacement attraction fits within the area of the theme park and meets all applicable codes and standards. 4. That all of the yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the requested development or use to existing or permitted future development or use in the neighborhood will be provided and maintained; in that the proposed replacement attraction is within the interior of the theme park and will not have any impact on existing or permitted future developments or uses in the neighborhood. All features, structures and landscaping associated with the project will be maintained as part of the theme park. 5. That the street system serving the proposed development or use is adequate to properly handle all traffic generated by the proposed use; in that there is no traffic increase associated with the proposed replacement attraction within the existing developed theme park. CDP 2021-0054 6. That the proposed development requires no discretionary approvals other than a Minor Coastal Development Perm it and a Minor Site Development Plan consistent with the Carlsbad Ranch Specific Plan for the Legoland Inner Park. 7. That the development~ in conformity with the public access and public recreatie>n poHcies of Chapter 3 of the Coastal Act, in that no opportunities for coastal access are available from the subject site, nor are public recreation areas required of the project in that the site is a developed theme park that is not in proximity to the shoreline. 8. The proposed development will have no adverse effect on coastal resources, in that the location of the property is not immediately adjacent to any body of water and is already disturbed and developed with theme park attractions. 9. That the proposed development is in conformance with the Certified Local Coastal Program and all applicable policies in that the project is consistent with the Mello II Segment of the Certified Local Coastal Program in that the proposed replacement attractions are a permitted and necessary use of a theme park in the Visitor Commercial (VC) land use designation identified on the Local Coastal Plan land use plan; no agricultural activities, sensitive resources, geological instability, flood hazard or vertical coastal access opportunities exist onsite; and the proposed replacement attraction will not obstruct views of the coastline as seen from public lands or public right-of-way or otherwise damage the beauty of the coastal zone. SDP 2021-0020/CDP 2021-0054 (DEV2021-0220) -LEGOLAND PROJECT 2023 May 10, 2022 Pa e 3 General 10. The City Planner has determined that: a. The project is a subsequent activity of a project for which a program EIR was prepared, and a notice for the activity has been given, which includes statements that this activity is within the scope of the program approved earlier, and that the program EIR adequately describes the activity for the purposes of CEQA [15168(c)(2) and (e)]. b. This project is consistent with the project/plan cited above; c. EIR 94-01 was certified by the City Council on January 9, 1996, in connection with the prior project or plan. d. The project has no new significant environmental effect not analyzed as significant in the prior EIR. e. None of the circumstances requiring a Subsequent EIR or a Supplemental EIR under CEQA Guidelines Sections 15162 or 15163 exist. 11. That the request for a Minor Site Development Plan and Coastal Development Permit was adequately noticed at least ten (10) calendar days before the date of this decision pursuant to Section 21.54.060 ofthe Carlsbad Municipal Code. 12. That the project is consistent with the City's Landscape Manual and Water Efficient Landscape Ordinance (Carlsbad Municipal Code Chapter 18.50). 13. The project is consistent with the adopted Airport Land Use Compatibility Plan for the McClellan- Palomar Airport (ALUCP), dated December 1, 2011. The project is compatible with the projected noise levels of the ALUCP 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. Based on the land use compatibility matrix of the ALUCP, the proposed land use is compatible with the airport, in that it is located within Safety Zone 6 and considered a conditionally compatible use. 14. The City Planner has reviewed each of the exactions imposed on the Developer contained in this approval letter, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. Conditions: NOTE: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of a building permit. 1. Approval is granted for SDP 2021-0020/CDP 2021-0054 as shown on Exhibits "A" -"AD" dated May 10, 2022 on file in the Planning Division and incorporated herein by reference. Development shall occur substantially as shown unless otherwise noted in these conditions. SDP 2021-0020/CDP 2021-0054 (DEV2021-0220} -LEGOLAND PROJECT 2023 May 10, 2022 Pa e 4 2. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the city shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the city's approval of this Minor Site Development Plan and Minor Coastal Development Permit. 3. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Minor Site Development Plan and Minor Coastal Development 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. 4. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 5. 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. 6. Developer shall implement, or cause the implementation of, the Carlsbad Ranch Project Mitigation Monitoring and Reporting Program (EIR 94-01}, including but not limited to requirements for archeological and paleontological monitoring for ground disturbing activities that may impact native soil. 7. 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 approvai and issuance of this Minor Site Development Plan and Minor Coastal Development Permit, (b) City's approval or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation survives until all legal proceedings have been concluded and continues even if the city's approval is not validated. 8. Prior to the issuance of a building permit, the Developer shall provide proof to the Building Division from the Carlsbad Unified School District that this project has satisfied its obligation to provide school facilities. 9. 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. SDP 2021-0020/CDP 2021-0054 (DEV2021-0220) -LEGOLAND PROJECT 2023 May 10, 2022 Pa e 5 10. Developer shall report, in writing, to the City Planner within 30 days, any address change from that which is shown on the permit application. 11. This approval shall become null and void if building permits are not issued for this project within 24 months from the date of project approval. 12. Prior to the issuance of the building permit, 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 City Planner, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Minor Site Development Plan and Coastal Development Permit on the property. Said Notice of Restriction shall note the property description, location of the file containing complete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The City Planner has the authority to execute and record an amendment to the notice which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. 13. Developer shall submit and obtain City Planner approval of an exterior lighting plan including parking areas. All outdoor lighting shall be designed to reflect downward and avoid any impacts on adjacent property. When warranted, the lights should be used in conjunction with cut-off shields (fully shielded/full cutoff lighting). Such shields shall eliminate the horizontal and upward projection of light and direct the light downward, eliminating excess illumination. 14. Prior to the commencement of any ground disturbing activities that may impact native soil, the project developer shall enter into a Pre-Excavation Agreement, otherwise known as a Tribal Cultural Resources Treatment and Tribal Monitoring Agreement, with the San Luis Rey Band of Mission Indians or other Luiseiio tribe. This agreement will address provision of a Luiseiio Native American monitor and contain provisions to address the proper treatment of any tribal cultural resources and/or Luiseiio Native American human remains inadvertently discovered during the course of the project. The agreement will outline the roles and powers of the Luiseiio Native American monitors and the archaeologist. Engineering: General 15. Prior to hauling dirt or construction materials to or from any proposed construction site within this project, developer shall apply for and obtain approval from, the city engineer for the proposed haul route. 16. This project is approved upon the express condition that building permits will not be issued for the development of the subject property, unless the district engineer has determined that adequate water and sewer facilities are available at the time of permit issuance and will continue to be available until time of occupancy. Fees/ Agreements 17. Developer shall cause property owner to execute and submit to the city engineer for recordation, the city's standard form Geologic Failure Hold Harmless Agreement. SDP 2021-0020/CDP 2021-0054 (DEV2021-0220) -LEGOLAND PROJECT 2023 May 10, 2022 Pa e 6 18. Developer shall cause property owner to execute and submit to the city engineer for recordation the city's standard form Drainage Hold Harmless Agreement. Grading 19. Based upon a review of the proposed grading and the grading quantities shown on the site plan a grading permit for this project is required. Developer shall prepare and submit plans and technical studies/reports as required by city engineer, post security and pay all applicable grading plan review and permit fees per the city's latest fee schedule. Storm Water Quality 20. Developer shall comply with the city's Stormwater Regulations, latest version, and shall implement best management practices at all times. Best management practices include but are not limited to pollution control practices or devices, erosion control to prevent silt runoff during construction, general housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices or devices to prevent or reduce the discharge of pollutants to stormwater, receiving water or stormwater conveyance system to the maximum extent practicable. Developer shall notify prospective owners and tenants of the above requirements. 21. Developer shall complete and submit to the city engineer a Determination of Project's SWPPP Tier Level and Construction Threat Level Form pursuant to City Engineering Standards. Developer shall also submit the appropriate Tier level Storm Water Compliance form and appropriate Tier level Storm Water Pollution Prevention Plan (SWPPP) to the satisfaction of the city engineer. Developer shall pay all applicable SWPPP plan review and inspection fees per the city's latest fee schedule. 22. This project is subject to 'Priority Development Project' requirements. Developer shall prepare and process an addendum to the Regional Storm Water Quality Management Plan (SWQMP), SDP 15-26 for Legoland, subject to city engineer approval. The addendum shall incorporate the revisions together with trash capture measures that shall be implemented to comply with the Carlsbad BMP Design Manual latest version. The final SWQMP required by this condition shall be reviewed and approved by the city engineer with final grading plans. Developer shall pay all applicable SWQMP plan review and inspection fees per the city's latest fee schedule. 23. Developer is responsible to ensure that all final design plans (grading plans, improvement plans, landscape plans, building plans, etc.) incorporate all source control, site design, pollutant control BMP and applicable hydromodification measures. 24. Developer shall prepare a construction revision to City of Carlsbad as-built Dwg. 498-2C to incorporate trash capture requirements, to the satisfaction of the city engineer. Dedications/Improvements 25. Developer shall design the private drainage systems, as shown on the site plan to the satisfaction of the city engineer. All private drainage systems (12" diameter storm drain and larger) shall be inspected by the city. Developer shall pay the standard improvement plan check and inspection fees for private drainage systems. SOP 2021-0020/CDP 2021-0054 (DEV2021-0220} -LEGOLAND PROJECT 2023 May 10, 2022 Pa e 7 Utilities 26. Developer shall meet with the fire marshal to determine if fire protection measures (fire flows, fire hydrant locations, building sprinklers) are required to serve the project. 27. The developer shall agree to design landscape and irrigation plans utilizing recycled water as a source and prepare and submit a colored recycled water use map to the Planning Department for processing and approval by the district engineer. Code Reminders: 28. 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. 29. The project shall comply with the latest nonresidential disabled access requirements pursuant to Title 24 of the California Building Code. 30. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and Section 13.10 of the City of Carlsbad Municipal Code, respectively. The Average Daily Trips (ADT) and floor area contained in the staff report and shown on the site plan are for planning purposes only. SDP 2021-0020/CDP 2021-0054 (DEV2021-0220) -LEGOLAND PROJECT 2023 May 10, 2022 Pa e 8 NOTICE Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." You have 90 days from the date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. This decision may be appealed by you or any other member of the public to the Planning Commission within ten days of the date of this letter. Appeals must be submitted in writing to the Planning Division at 1635 Faraday Avenue in Carlsbad, along with a payment of $786. The filing of such appeal within such time limit shall stay the effective date of the order of the City Planner until such time as a final decision on the appeal is reached. If you have any questions regarding this matter, please feel free to contact Esteban Danna at (442) 339-2629. Sincerely, CLIFF JONES Principal Planner CJ:ED:cf c: Nichole Fine, Project Engineer Don Neu, City Planner Laserfiche/File Copy/Data Entry