HomeMy WebLinkAboutSDP 2023-0003; LEGOLAND FUN TOWN STAGE RENOVATION; Admin Decision LetterMay 24, 2023
Richard Apel
---»'!~ rl ~/2 Y/z.~ 8 FILE COPY1,,-r-1 (°Cityof
Carlsbad
R. W. Landscape Architects, Inc.
571 Hygeia Ave, Unit B
Encinitas, CA 92024
SUBJECT: SOP 2023-0003/CDP 2023-0003 (DEV2023-0013) -LEGOLAND FUN TOWN STAGE
RENNOVATION -Request for approval of a Minor Site Development Plan (SDP 2023-
0003) and Coastal Development Permit (CDP 2023-0003) for the renovation of an existing
outdoor amphitheater. The project includes improvements to the stage as well as the
construction of a new audio/visual/green room, press box, shade sail structure, bleachers,
and landscaping within Legoland California Park. 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.
Dear Alex Stolyar,
The City Planner has completed a review of your application for a Minor Site Development Plan (SOP
2023-0003) and Coastal Development Permit (CDP 2023-0003) located at 1 Legoland Drive. A notice was
sent to property owners within a 300-foot radius of the subject property requesting comments regarding
the above request. No comments were received within the ten-day notice period (ending on May 22,
2023). After careful consideration of the circumstances surrounding this request, the City Planner has
made a decision pursuant to Section 21.06.070 of the City of Carlsbad Municipal Code to APPROVE this
request based on the following findings and subject to the conditions listed below.
Findings:
SOP 2023-0003
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 renovation of the existing outdoor amphitheater within the park
is consistent with the goals and vision of the Specific Plan for Legoland Park, and the project design
complies with all applicable Specific Plan development standards.
2. That the requested development or use is properly related to the site, surroundings and
environmental settings, will not be detrimental to existing development or uses or to development or
uses specifically permitted in the area in which the proposed development or use is to _be located, and
will not adversely impact the site, surroundings or traffic circulation; in the renovation of the existing
outdoor amphitheater within the 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.
Community Development Department
Planning Division j 1635 Faraday Avenue Carlsbad, CA 92008-7314 j 442-339-2600 www.carlsbadca.gov
SDP 2023-0003/CDP 2023-0003 (DE\12023-0013)-LEGOLAND FUN TOWN STAGE RENNOVATION
May 24, 2023 ,,.,, ~
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The renovation of the outdoor amphitheater 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 outdoor amphitheater, and the
proposed renovation 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 renovation of the existing
outdoor amphitheater 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 renovation of the existing outdoor amphitheater within the existing developed theme
park.
CDP 2023-0003
6. That the proposed development requires no discretionary approvals other than a Minor Coastal
Development Permit and a Minor Site Development Plan consistent with the Carlsbad Ranch Specific
Plan for the Legoland Inner Park.
7. That the development is in conformity with the public access and public recreation policies 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 restroom is 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 renovation of the existing
outdoor amphitheater 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.
SOP 2023-0003/CDP 2023-0003 (DEV2023-0013) -LEGOLAND FUN TOWN STAGE RENNOVATION
May 24, 2023
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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 of the 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 2023-0003/CDP 2023-0003 as shown on Exhibits "A" -''T" dated May 24,
2023 on file in the Planning Division and incorporated herein by reference. Development shall occur
substantially as shown unless otherwise noted in these conditions.
SOP 2023-0003/CDP 2023-0003 (DEV2023-0013) -LEGOLAND FUN TOWN STAGE RENNOVATION
May 24, 2023
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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/Operator shall and does hereby agree to indemnify, protect, defend, and hold harmless
the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and
against any and all liabilities, losses, damages, demands, claims and costs, including court costs and
attorney's fees incurred by the city arising, directly or indirectly, from (a) City's approval and issuance
of this Minor Site Development Plan and Minor Coastal 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.
7. Prior to submittal of the building plans, improvement plans, grading plans, or final map, whichever
occurs first, developer shall submit to the City Planner, a 24" x 36" copy of the (Site Plan or other),
conceptual grading plan and preliminary utility plan reflecting the conditions approved by the final
decision-making body. The copy shall be submitted to the City Planner, reviewed and, if found
acceptable, signed by the city's project planner and Project Engineer. If no changes were required by
these conditions, the approved exhibits shall fulfill this condition.
SOP 2023-0003/CDP 2023-0003 (DEV2023-0013)-LEGOLAND FUN TOWN STAGE RENNOVATION
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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.
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 Minor 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 make a separate formal landscape construction drawing plan check submittal to the
Planning Division and obtain City Planner approval of a Final Landscape and Irrigation Plan showing
conformance with the approved Preliminary Landscape Plan and the city's Landscape Manual.
Developer shall construct and install all landscaping and irrigation as shown on the approved Final
Plans. All landscaping shall be maintained in a healthy and thriving condition, free from weeds, trash,
and debris. All irrigation systems shall be maintained to provide the optimum amount of water to the
landscape for plant growth without causing soil erosion and runoff.
14. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plancheck
process on file in the Planning Division and accompanied by the project's building, improvement, and
grading plans
15. 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.
16. 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 alid contain provisions to address the proper treatment of any tribal cultural resources
SOP 2023-0003/CDP 2023-0003 (DEV2023-0013)-LEGOLAND FUN TOWN STAGE RENNOVATION
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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
1. 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.
2. 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. ·
Storm Water Quality
3. 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:
4. This project is subject to Trash Capture requirements. Developer shall prepare and process an
addendum to the Regional Storm Water Quality Management Plan (SWQMP), SOP 15-26 for
Legoland, subject to city engineer approval. The addendum shall incorporate the trash capture
measures that shall be implemented to comply with the Carlsbad BMP Design Manual latest
version. The project will also need to provide an updated Equivalent Area Calculations (EAC) memo
to account for other Legoland projects currently being processed. The final SWQMP required by this
condition shall be reviewed and approved by the Engineering Manager prior to approval of building
plans. Developer shall pay all applicable SWQMP plan review and inspection fees per the city's latest
fee schedule.
5. 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.
Utilities
6. 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.
7. 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.
SOP 2023-0003/CDP 2023-0003 (DEV2023-0013)-LEGOLAND FUN TOWN STAGE RENNOVATION
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Code Reminders:
1. 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.
2. Developer shall pay a landscape plancheck and inspection fee as required by Section 20.08.050 of the
Carlsbad Municipal Code
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 $847. 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 Kyle
Van Leeuwen at (442) 339-2611.
Sincerely,
cW~
CLIFF JONES
Principal Planner
O:KVL:mh
c: Kurt Stocks, Legoland, 1 Legoland Drive, Carlsbad, CA 92008
Nichole Fine, Project Engineer
Eric Lardy, City Planner
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