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HomeMy WebLinkAbout2023-09-20; Planning Commission; ; Legoland Parking Structure No. 2; A request to approve the construction of an 1,174-space, three-story parking structure consisting of 387,338 square feet within the exisMeeting Date: Sept. 20, 2023 To: Planning Commission Staff Contact: Kyle Van Leeuwen, Associate Planner, 442-339-2611, kyle.vanleeuwen@carlsbadca.gov Subject: Legoland Parking Structure No. 2; A request to approve the construction of an 1,174-space, three-story parking structure consisting of 387,338 square feet within the existing parking lot of the LEGOLAND California theme park. Location: One Legoland Drive / APN: 211-100-09-00 / District 1 Case Numbers: SDP 2021-0028, CDP 2021-0066 (DEV 2021-0256) Applicant/Representative: Tom Storer, Applicant; 858-334-8938; tom.storer@legoland.com Spencer Yoder, Representative; 574-536-7906; syoder@mccathy.com CEQA Determination: ☐Not a Project ☐ Exempt ☐ IS/ND or IS/MND ☐ EIR ☒Other: Initial Study; Consistent with Final Program EIR for Carlsbad Ranch Specific Plan (CEQA §15168(s)(2)) Permit Type(s): ☒SDP ☐ CUP ☒ CDP ☐TM/TPM ☐ GPA ☐ REZ ☐ LCPA CEQA Status: ☒The environmental assessment IS on the Agenda for discussion ☐A CEQA determination was already issued, and IS NOT on the Agenda Commission Action: ☒Decision ☐ Recommendation to City Council ☐ Informational (No Action) Recommended Actions That the Planning Commission ADOPT the Planning Commission Resolution (Exhibit 1) APPROVING a Site Development Plan, SDP 2021-0028, and Coastal Development Permit, CDP 2021-0066, based upon the findings and subject to the conditions contained therein. Sept 20, 2023 Item #3 Page 1 of 114 Existing Conditions & Project Description Existing Setting The project area is within the Legoland California theme park; a 132-acre parcel within the Carlsbad Ranch Specific Plan. The area proposed for construction is 2.9 acres and is directly adjacent south of the existing three-story employee parking structure. The area of construction currently contains 327 surface-parking spaces and slopes gradually to the south. The theme park is bordered by a hotel/resort and Open Space to the north, a public street and business park to the west, and public streets to the south and east. Site Map Table “A” below includes the General Plan designations, zoning and current land uses of the subject site and surrounding properties. Also refer to Exhibit 2 for larger site map. TABLE A – SITE AND SURROUNDING LAND USE Location General Plan Designation Zoning Designation Current Land Use Site Visitor Commercial (VC) Commercial Tourist, Qualified Development Overlay (C-T-Q) Legoland Parking Lot North Open Space (OS)/VC Open Space (OS)/CTQ Open Space/Timeshare & Hotel-Resort South OS/Office (O) OS/ Office (O) Open Space/Offices East OS OS Golf Course West Planned Industrial (PI)/VC/OS Planned Industrial, Qualified Development Overlay (P-M-Q)/C-T-Q/OS Planned Industrial/ Hotel- Resort/Open Space Sept 20, 2023 Item #3 Page 2 of 114 General Plan Designation Zoning Designation Proposed Project The applicant proposes to construct a new 387,338-square-foot, three-story parking structure, which will provide 1,174 parking spaces. The project would remove 327 surface parking spaces, for a net increase of 847 parking spaces. Included in the newly provided parking is 59 electric vehicle spaces, 59 future electric vehicle spaces, and long-term bicycle parking for 61 bicycles, where no electric vehicle or bicycle spaces are currently provided. The structure will be accessed from the larger parking lot area to the west. The structure has six entrance/exit rows, which face a drive isle along the south edge of the structure. The overall height of the parking structure is 34 feet, 3 inches. An elevator is proposed at the northwest corner of the structure that requires an elevator tower of 45 feet in height. The Project applicant, Legoland, currently operates the 128-acre amusement park. Since the park opened in 1999, various rides and improvements have been made subject to the permits required by the Carlsbad Ranch Specific Plan. Today, the park is a mix of amusement park attractions and rides, two hotels offering 500 units, surface parking, employee parking structure, and accessory office and maintenance buildings. The parking structure will be cast-in-place concrete. The exterior will be painted in earthtone shades. The elevator tower and architectural enhancements will be painted plaster with scored reveals, glazed tile accents, cornices, and column caps. Wood textured trellis elements are proposed along the roof level parapets on the southern façade. The design includes enhanced features at the most publicly visible points along The Crossings Drive, the main driveway entrance, and from the parking lot and hotels looking east. The landscape plan proposes a variety of trees and shrubs around the structure. In combination with the existing mature trees along The Crossings Drive, the parking structure will be sufficiently softened and screened. The materials, colors, and architectural elements match or complement the existing parking structure immediately adjacent to the north. Public Outreach & Comment Public notice of the proposed project was mailed on Sept. 6, 2023, to property owners within 600 feet and occupants within 100 feet of the subject property. Additionally, the project is subject to City Sept 20, 2023 Item #3 Page 3 of 114 Council Policy No. 84 (Development Project Public Involvement Policy). As such, a notice of application was sent, by the applicant, to surrounding property owners on June 23, 2023, and a notice placed on the site informing neighbors of their application on June 29, 2023. Response to Public Comment & Project Issues No comments either in support or opposition to the project were received. Project Analysis General Plan Consistency The City of Carlsbad General Plan includes several goals and policies that guide development and land use within the city. A discussion of how the project is consistent with the applicable General Plan policies is summarized in Exhibit 3. Carlsbad Ranch Specific Plan Consistency The subject site is located within Planning Area 4 (Legoland) of the Carlsbad Ranch Specific Plan (SP 207(K)). The proposed project complies with the development standards and design guidelines contained in the Specific Plan, as summarized in Exhibit 3. Local Coastal Program Consistency The project site is in the Coastal Zone and requires a Coastal Development Permit. The project complies with the Local Coastal Program, including all goals and policies of the General Plan and all specific plan standards, as referenced above, and summarized in Exhibit 3. McClellan-Palomar Airport Land Use Compatibility Plan The project site is located approximately one mile west of the airport. The proposed project complies with the McClellan-Palomar Airport Land Use Compatibility Plan, as summarized in Exhibit 3. Discretionary Actions & Findings In addition to the Coastal Development Permit required for any development within the Coastal Zone, the proposed project requires the approval of a Site Development Plan. Additional information on the Coastal Development Permit and local Coastal Program findings is included in Exhibit 3. Site Development Plan (SDP 2021-0028) All properties within Planning Area 4 of the Carlsbad Ranch Specific Plan are zoned Commercial Tourist with the Qualified Development Overlay (C-T-Q). The Q zone requires approval of an SDP for new development. The proposed parking structure meets the required findings for approval of an SDP, as discuss in Exhibit 3. Coastal Development Permit (CDP 2021-0066) The project site is located within the Mello II Segment of the Local Coastal Program (LCP) but is not within the appealable jurisdiction of the California Coastal Commission. The site is also located within Sept 20, 2023 Item #3 Page 4 of 114 and subject to the Coastal Resources Protection Overlay Zone. The LCP and Coastal Resource Protection Overlay Zone require approval of a Coastal Development Permit (CDP) for new development. The project is consistent with the relevant policies of the Mello II Segment of the LCP and the Coastal Resource Protection Overlay Zone and meets the required findings for approval of a CDP, as discussed in Exhibit 3 Environmental Review In accordance with the California Environmental Quality Act (CEQA) and CEQA Guidelines, a Program Environmental Impact Report EIR 94-01 for the Carlsbad Ranch Specific Plan Amendment (Planning Case Nos. GPA 94-03/SP 207(A)/LCPA 90-08(B)/ZC 94-02/LFMP 87-13(B)/AP 76-01(D)), State Clearinghouse No. 95051001, was certified as complete by the City Council on January 9, 1996 (City Council Resolution No. 96-1). Please see links below for reference EIR 94-01: https://records.carlsbadca.gov/WebLink/DocView.aspx?id=4527422&dbid=0&repo=CityofCarlsbad&se archid=c991270f-8597-4c06-9ace-9632eb1c73be City Council Resolution No. 96-01: https://records.carlsbadca.gov/WebLink/DocView.aspx?id=4815494&dbid=0&repo=CityofCarlsbad&se archid=d8054fda-4041-46b7-a211-22160458f08a When taking subsequent discretionary actions for which a PEIR (Program Environmental Impact Report) has been certified, the Lead Agency is required to determine if subsequent activities are within the scope of the prior environmental analysis and/or review any changed circumstances or new information to determine whether any of the circumstances pursuant to CEQA Guidelines sections 15162 and 15168 require additional environmental review. The PEIR for SP 207(A) evaluated all land development anticipated through the application of policies, regulations, and as logical parts of a long-term plan. Pursuant to CEQA Guidelines sections 15162 and 15168 the request to construct a 387,338-square-foot, three-story parking structure, which will provide 1,174 parking spaces is within the scope of the of the previously certified PEIR. The project would not result in new or more severe impacts beyond those addressed in the Final PEIR and would not meet any other standards requiring further environmental review pursuant to state CEQA Guidelines sections 15162 and 15168. No further analysis, public review or environmental documentation is required. Please see Exhibit 5 for additional information. Conclusion Considering the information above and in the referenced attachments, staff has found that the proposed Project is consistent with all applicable policies of the General Plan, Carlsbad Ranch Specific Plan, Local Coastal Program, and the provisions of the Municipal Code and Local Facility Management Zone 13. All required public improvement and utilities are available to serve the proposed development. In addition, there are no environmental issues associated with the Project. The Project is conditioned to ensure the proposed Project’s compatibility with the surrounding properties and that the public health, safety, and welfare of the community are maintained. The Project Sept 20, 2023 Item #3 Page 5 of 114 would be required to comply with all applicable California Building Standards Codes and engineering standards through the standard building permit and civil improvement plan checking process. Staff recommends the Planning Commission adopt the resolution, approving the proposed Project described in this staff report. Exhibits 1.Planning Commission Resolution 2.Location Map 3.Project Analysis 4.Disclosure Form 5.CEQA Guidelines §15168 Environmental Review Checklist 6.Reduced Exhibits 7.List of Acronyms and Abbreviations 8.Exhibits “A” – “W” dated Sept. 20, 2023 (on file in the office of the City Clerk). Sept 20, 2023 Item #3 Page 6 of 114 PLANNING COMMISSION RESOLUTION NO. 7495 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A SITE DEVELOPMENT PLAN AND COASTAL DEVELOPMENT PERMIT TO ALLOW FOR CONSTRUCTION OF A 1,174-SPACE, 387,338-SQUARE-FOOT, THREE­ STORY PARKING STRUCTURE WITHIN A PORTION OF THE LEGOLAND CALIFORNIA RESORT PARKING LOT LOCATED SOUTH OF THE EXISTING EMPLOYEE PARKING STRUCTURE AND ADJACENT TO THE CROSSINGS DRIVE IN PLANNING AREA 4 OF THE CARLSBAD RANCH SPECIFIC PLAN ON PROPERTY LOCATED AT 1 LEGOLAND DRIVE, ASSESSOR PARCEL NUMBER 211-100-09-00, WITHIN THE MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM AND IN LOCAL FACILITIES MANAGEMENT ZONE 13 CASE NAME: LEGOLAND PARKING STRUCTURE NO. 2 CASE NO.: SDP 2021-0028/CDP 2021-0066 (DEV2021- 0256) WHEREAS, Merlin Entertainments Group US Holdings, LLC, "Developer," has filed a verified application with the City of Carlsbad regarding property owned by LEGOLAND California Resorts, "Owner," described as Lots 18 and 19 of Carlsbad Tract Map 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, filed in the Office of the County Recorder of San Diego, April 1, 1997 as file number 1997-147754 ("the Property"); and WHEREAS, said verified application constitutes a request for a Site Development Plan and Coastal Development Permit as shown on Exhibit(s) "A" -"W" dated Sept. 20, 2023, on file in the Planning Division, SOP 2021-0022 (DEV2021-0256)- LEGOLAND PARKING STRUCTURE • NO. 2 as provided by Chapter 21.06 and 21.201.030 of the Carlsbad Municipal Code and the . Carlsbad Ranch Specific Plan SP 207(K); and Exhibit 1 Sept 20, 2023 Item #3 Page 7 of 114 WHEREAS, the Planning Commission did, on Sept. 20, 2023, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Site Development Plan and Coastal Development Permit. WHEREAS, a Program Environmental Impact Report EIR 94-01, State Clearinghouse No. 95051001 {Planning Case Nos. EIR 94-01/GPA 94-03/SP 207{A)/LCPA 90- 08{8)/ZC 94-02/LFMP 87-13{8)/AP 76-0l{D)), was prepared and the City Council certified it on Jan. 9, 1996, for the Carlsbad Ranch Specific Plan Amendment SP 207(A); and WHEREAS, Pursuant to the California Environmental Quality Act, (CEQA, Public Resources Code section 21000 et. seq.), and its implementing regulations (the State CEQA Guidelines), Sections 15162 through 15164 set forth the criteria for determining the appropriate additional environmental documentation, if any, to be completed when there is a previously­ certified environmental impact report (EIR) covering the project for which a subsequent discretionary action is required; and WHEREAS, there is no "new information of substantial importance" pursuant to CEQA Guidelines Section 15162 through 15168 and the potential ·environmental effects of the project were adequately analyzed by the previously-certified PROGRAM ENVIRONMENTAL IMPACT REPORT EIR 94-01 for the CARLSBAD RANCH SPECIFIC PLAN AMENDMENT SP 207{A) {City Council Resolution No. 96-01), Therefore, the previously-certified EIR is adequate without modification and no additional environmental review is required; and Sept 20, 2023 Item #3 Page 8 of 114 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 SDP 2021-0028/CDP 2021-0066 (DEV2021-00256) - LEGOLAND PARKING STRUCTURE NO. 2, based on the following findings and subject to the following conditions: Findings: Site Development Plan, SDP 2021-0028 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 a request for the construction of three-story parking structure within the existing Legoland parking lot. The structure is an accessory use that supports the Legoland California Resort. The parking structure is consistent with all applicable requirements of the General'Plan, Carlsbad Ranch Specific Plan and Carlsbad M1.micipal Code {CMC). 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 that the proposed parking structure will be located along the east edge of the existing parking lot, setback approximately 500 feet from Palomar Airport Road. It features an understated, yet architecturally integrated, design rather than a Legoland themed design. The structure will be constructed of durable, high quality building materials, will include architectural enhancements, and will be finished in an earthtone color palette, which will match or complement the existing parking structure to the north. The combination of proposed landscaping with the retention of existing mature trees and shrubs along The Crossings Drive will adequately screen and soften the parking structure from off-site views. The structure is designed to follow the slope of the existing grade. Sloping down from north to south consistent with the slope of the adjacent street and existing landscaping, which will allow the structure to blend in with the surrounding environment. The project will provide adequate on-and off-site· access, circulation, and parking during and after construction. Sept 20, 2023 Item #3 Page 9 of 114 3.That the site for the intended development or use is adequate in size and shape to accommodate the use, in that the subject site is adequate in size and shape to ac_commodate the proposed parking structure. The proposed use complies with the required development and design standards of the Carlsbad Ranch Specific Plan. No variances to standards are proposed. 4.That all 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 project will function as a supporting accessory use to the primary Legoland California Resort theme park use and is permitted by the Carlsbad Ranch Specific Plan's allowed Commercial Tourist zone uses. The project has been designed in accordance with the development and design standards of the Specific Plan and is compatible with existing and potential future uses. The proposed parking structure will be set back from The Crossings Drive approximately 30 feet, and adequate circulation, access aisles, parking spaces, and landscaping will be provided and maintained. The structure's height of 34 feet, two inches, is below the maximum 35-foot height limit. The proposed architectural treatment, scale and massing, and screening landscape will ensure the proposed parking structure is compatible with existing and potential future development in the surrounding area. 5.That the street systems serving the proposed development or use is adequate to properly handle all traffic generated by the proposed use, in that primary access to the site will continue to be provided from the existing parking area accessed from Legoland Drive. The proposed parking structure is not a traffic generating use. Therefore, there will be no impact on the existing street systems. Coastal Development Permit, CDP 2021-0066 6.That the proposed development is in conformance with the_ Certified Local Coastal Program and all applicable policies in that no impacts to any physical features, such as scenic resources, environmentally sensitive areas, or geologic features, will occur as none exist on the essentially flat and previously developed parking lot. No distant or coastal views would be obstructed from public roadways. 7.The proposal is in conformity with the public access and recreation policies of Chapter 3 of the Coastal Act in that the property is not near the shore and there are no public access or public recreation requirements for the property. 8.'rhe project is consistent with the provisions of the Coastal Resource Protection Overlay Zone {Chapter 21.203 of the Zoning Ordinance) in that the project will adhere to the city's Master Drainage Plan, Grading Ordinance, Storm Water Ordinance, BMP Design Manual and Jurisdictional Runoff Management Program {JRMP) to avoid increased urban runoff, pollutants, and soil erosion. No steep slopes or native vegetation is located on the subject Sept 20, 2023 Item #3 Page 10 of 114 property and the site is not located in an area prone to landslides, or susceptible to accelerated erosion, floods, or liquefaction. McClellan Palomar Airport Land Use Compatibility Plan 9.The project is consistent with the adopted Airport Land Use Compatibility Plan for the McClellan-Palomar Airport (ALUCP), dated Dec. 1, 2011, in that: a.The proposed project is located within the 60-65 dB CNEL noise contour. Automobile parking is deemed a compatible use within the 60-65 CNEL contour in the ALUCP that will not be affected by aircraft noise. b.The proposed project is in compliance with the ALUCP. airspace protection surfaces because the maximum height of the parking structure including the allowable elevator tower protr'usion is well below the height that requires notification of construction to the FAA. c.The proposed project is located within Safety Zone 6. The ALUCP identifies parking structures within Safety Zone 6 as compatible with airport uses. d.The proposed project is located within the overflight notification area. The ALUCP requires recordation of an overflight notification only for new residential uses, although Legoland previously recorded an overflight notice for the theme park. California Environmental Quality Act 10.Record and Basis for Action. The Planning Commission has considered the full record before it, which includes the Record of Proceedings. Furthermore, the recitals set forth above are found to be true and correct and material to this resolution; and are incorporated herein by reference. 11.Compliance with CEQA. Pursuant to CEQA Guidelines· sections 15162, this project is covered by a previously-certified Program Environmental Impact �eport EIR 94-01, State Clearinghouse No. 95051001 (Planning Case Nos. EIR 94-01/GPA 94-03/SP 207(A)/LCPA 90-08(8)/ZC 94-02/LFMP 87-13(B)/AP 76-0l(D)), that was prepared, and the City Council certified it on Jan. 9, 1996, for the Carlsbad Ranch Specific Plan Amendment SP 207(A). The effects of the project were examined in the previously certified Environ.mental Impact Report (EIR) and all feasible mitigation measures developed in the EIR are incorporated into the appropriate entitlements to ensure that the mitigations measures will be implemented. a.There are no substantial changes proposed in the project which will require major revisions of the certified EIR. Sept 20, 2023 Item #3 Page 11 of 114 b.There are no substantial changes with respect to the circumstances under which the project is undertaken which will require major revisions of the certified EIR. c.There is no new information of substantial importance, which was not known at the time the EIR was certified by the City Council on Jan. 9, 1996. pursuant to City Council Resolution No. 96-1. d.The Planning Commission considered the EIR and all significant impacts and mitigation measures in the certified EIR, and considered all written and oral communications from the public regarding the environmental analysis, and found that (1) The project falls under the scope of the certified EIR; (2) All significant impacts were adequately addressed in the certified EIR; (3) The project would not make a considerable contribution to a new significant cumulative impact; and (4) None of the triggers for subsequent/supplemental El Rs in CEQA apply. The project is, therefore, determined to within the scope of the certified EIR and the certified EIR satisfies all requirements of CEQA for this later activity. General 12.The Planning Commission finds that the project, as conditioned herein, is in conformance with the Elements ofthe City's General Plan, based on the facts set forth in the staff report dated Sept. 20, 2023, including, but not limited to the following. a.Land Use & Community Design -The project is the development of an above­ ground parking structure that will increase available parking to the entire site, thus helping accommodate future growth and accessibility to the theme park and hotels. The project supports the existing Legoland theme park and is adjacent to the Mar Brisa and Grand Pacific Palisades Resorts, The Crossings at Carlsbad golf course, and the Cannon Road and Palomar Airport Road major transportation corridors. b.Mobility -The parking structure will enable Legoland to better manage parking by increasing parking availability, freeing up surface spaces for larger vehicles, and will support alternative modes of transportation through the inclusion of electric vehicle spaces and bicycle parkin. The project is.intended to manage parking supply and demand more efficiently for Legoland. The parking structure includes at least ten percent of the parking spaces for electric vehicle and future electric vehicle parking. The parking structure includes a secured space for 61 bicycles. Legoland provides shower/changing facilities for employees. Sept 20, 2023 Item #3 Page 12 of 114 13.That 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, a.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. b.The Local Facilities Management fee for Zone 13 is required by Carlsbad Municipal Code Section 21.90.050 and will be collected prior to issuance of building permit. 14.That the project is consistent with the City's Landscape Manual and Water Efficient Landscape Ordinance (Carlsbad Municipal Code Chapter 18.50). 15.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 approval of a building or grading permit, whichever occurs first. 1.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 and Coastal Development Plan. 2.Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Site Development Plan and Coastal Development Plan 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 Sept 20, 2023 Item #3 Page 13 of 114 approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. 3.Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 4.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. 5.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 and Coastal Development Plan, (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. 6.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, 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, the approved exhibits shall fulfill this condition. 7.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. 8.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. 9.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. Sept 20, 2023 Item #3 Page 14 of 114 10.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 sewer 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. 11.Developer shall pay the Citywide Public Facilities Fee imposed by City Council Policy #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone 13, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this approval will not be consistent with the General Plan and shall become void. 12. Prior to the issuance of the Grading Permit, Developer shall submit to the city a Notice of Restriction executed by the owner of the real property to be developed. Said notice is 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(n) Site Development Plan and Coastal Development Plan by Resolution(s) No. 7495 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 ScJid notice upon a showing of good cause by the Developer or successor in interest. 13.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 a 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 NOTE: Unless specifically stated in the condition, all of the following conditions, upon the approval of this proposed development, must be met prior to approval of a building or grading permit whichever occurs first. General Sept 20, 2023 Item #3 Page 15 of 114 14.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. 15.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. 16.Developer shall install sight distance corridors at all street intersections and driveways in accordance with City Engineering Standards. The property owner shall maintain this condition. 17.Property owner shall maintain all landscaping (street trees, tree grates, shrubs, groundcover, etc.) and irrigation along the parkway frontage with The Crossings Drive as shown on the Tentative Map/Site Plan. Fees/ Agreements 18.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.Developer shall cause property owner to execute and submit to the city engineer for recordation the city's standard form Drainage Hold Harmless Agreement. 20.Developer shall cause property owner to apply for, execute, and submit, to the city engineer for recordation, an Encroachment Agreement covering private storm drain located over existing public water easement as shown on the site plan. Developer shall pay processing fees per the city's latest fee schedule. Grading 21.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 22.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 Sept 20, 2023 Item #3 Page 16 of 114 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. 23.Developer shall submit for city approval a Tier 3 Storm Water Pollution Prevention Plan (TIER 3 SWPPP). The TIER 3 SWPPP shall comply with current requirements and provisions established by the San Diego Regional Water Quality Control Board and City of Carlsbad Requirements. The TIER 3 SWPPP shall identify and incorporate measures to reduce storm water pollutant runoff during construction of the project to the maximum extent practicable. Developer shall pay all applicable SWPPP plan review and inspection fees per the city's latest fee schedule. 24.This project is subject to 'Priority Development Project' requirements and trash capture 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, to comply with the Carlsbad BMP Design Manual latest version. The • addendum shall incorporate the revisions together with trash capture measures that shall be implemented for the easterly basin to comply with the Carlsbad BMP Design Manual latest version. The final SWQMP addendum 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. 25.Developer is responsible to ensure that all final design plans (grading plans, improvement plans, landscape plans, building plans, etc.) incorporate all source control, site design, pollutant control BMP and applicable hydromodification measures. 26.Developer shall prepare a plan amendment to the appropriate as-built drawings to incorporate trash capture requirements, to the satisfaction of the city engineer. Dedications/Improvements 27.Developer shall design the private drainage systems, as shown on the site plan to the satisfaction of the city engineer. All private drainage systems (12" diameter storm drain and larger) shall be inspected by the city. Developer shall pay the standard improvement plan check and inspection fees for private drainage systems. 28.Prior to any work in city right-of-way or public easements, Developer shall apply for and obtain a right-of-way permit to the satisfaction of the city engineer. 29.Developer is responsible to ensure utility transformers or raised water backflow preventers that serve this development are located outside the right-of-way as shown on the site plan and to the satisfaction of the city engineer. These facilities shall be constructed within the property. Sept 20, 2023 Item #3 Page 17 of 114 Utilities 30.Developer shall meet with the fire marshalto determine if fire protection measures (fire flows, fire hydrant loc.ations, building sprinklers) are required to serve the project. 31.Developer shall design and agree to construct public facilities within public right-of-way or within minimum 20-foot-wide easements granted to the district or the City of Carlsbad. At the discretion of the district or city engineer, wider easements may be required for adequate maintenance, access and/or joint utility purposes. 32.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. 33.Developer shall install potable water and/or recycled water services and meters at locations approved by the district engineer. The locations of said services shall be reflected on public improvement plans. 34.The developer shall agree to install sewer laterals and clean-outs at locations approved by the city engineer. The locations of sewer laterals shall be reflected on public improvement plans. Code Reminders The project is subject to all applicable provisions of local ordinances, including but not limited to the following: 35.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, respecti_vely. The Average Daily Trips (ADT) and floor area contained in the staff report and shown on the site plan are for planning purposes only. NOTICE TO APPLICANT An appeal of this decision to the City Council must be filed with the City Clerk at 1200 Carlsbad Village Drive, Carlsbad, California, 92008, within ten (10) calendar days of the date of the Planning Commission's decision. Pursuant to Carlsbad Municipal Code Chapter 21.54, section 21.54:150, the appeal must be in writing and state the reason(s) for the appeal. The City Council must make a determination on the appeal prior to any judicial review. NOTICE Sept 20, 2023 Item #3 Page 18 of 114 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. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on Sept. 20, 2023, by the following vote, to wit: AYES: Merz, Hubinger, Kamenjarin, Meenes, Sabellico, Stine NAYES: ABSENT: ABSTAIN: Lafferty PETER MERZ, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: ERIC LARDY City Planner Sept 20, 2023 Item #3 Page 19 of 114 PALOMAR A I R P ORT R D A R M A D A D R LE G O L A N D D R F L E E T S T A V I A R A P Y P A S EO DE L N O R T E G R A N D P A C I F I C D R COLLEGE B L T H E C R O S S I N G S D R P R I VATE D Y F A R ADAYAV TO PMAS T D R BALBO A C R P R IVATEDY PRIVAT E D Y E L C AMINO R E A L LA COSTA AV A L G A R D C A R L S B A D B L SDP 2021-0028, CDP 2021-0066 (DEV 2021-0256) Legoland Parking Structure No. 2 SITE MAP J SITE!"^ Map generated on: 8/24/2023 Exhibit 2 Sept 20, 2023 Item #3 Page 20 of 114 PROJECT ANALYSIS (GENERAL PLAN, MUNICIPAL CODE, AND OTHER REGULATIONS) Exhibit 3 A. PROJECT ANALYSIS The project is subject to the following regulations: B. General Plan Visitor Commercial (VC) Land Use Designation C. Commercial Tourist Zone (C-T) Zone (CMC Chapter 21.06); Qualified Development (Q) Overlay Zone (CMC Chapter 21.29); and Coastal Resource Protection Overlay Zone (CMC Chapter 21.203) D. Carlsbad Ranch Specific Plan (SP 207(K)) E. Local Coastal Program (Mello II Segment) F. McClellan-Palomar Airport Land Use Compatibility Plan G. Growth Management Ordinance (CMC Chapter 21.90) and Local Facilities Management Plan Zone 13 The recommendation for approval of this project was developed by analyzing the project’s consistency with the applicable regulations and policies. The project’s compliance with each of the above regulations is discussed in detail within the sections below. A. General Plan Visitor Commercial (VC) Land Use Designation Planning Area 4 of the Carlsbad Ranch Specific Plan (Legoland) has a General Plan Land Use designation of Visitor Commercial (VC). The VC land use designates areas for visitor attractions and commercial uses that serve the travel and recreational needs of tourists and residents as well as employees of business and industrial centers. Table A below indicates how the development of the site under a VC land use designation complies with the elements of the General Plan. TABLE A – GENERAL PLAN COMPLIANCE ELEMENT USE, CLASSIFICATION, GOAL, OBJECTIVE, OR PROGRAM PROPOSED USES & IMPROVEMENTS COMPLY Land Use & Community Design Goal 2-G.10 – Promote continued growth of visitor- oriented land uses, and provide enhanced opportunities for new hotels and visitor-services in desirable locations. The project is the development of an above-ground parking structure that will increase available parking to the entire site, thus helping accommodate future growth and accessibility to the theme park and hotels. Yes Land Use & Community Design Policy 2-P.23 – Sites designated for “visitor commercial” uses should generally be located near major transportation corridors and proximate to key tourist/visitor draws, such as The project supports the existing Legoland theme park and is adjacent to the Mar Brisa and Grand Pacific Palisades Resorts, The Crossings at Carlsbad golf course, and the Cannon Road Yes Sept 20, 2023 Item #3 Page 21 of 114 PROJECT ANALYSIS (GENERAL PLAN, MUNICIPAL CODE, AND OTHER REGULATIONS) ELEMENT USE, CLASSIFICATION, GOAL, OBJECTIVE, OR PROGRAM PROPOSED USES & IMPROVEMENTS COMPLY hotels, the ocean, lagoons, the Village, LEGOLAND and other recreation venues, McClellan- Palomar Airport, and businesses in the Palomar Airport Road corridor. and Palomar Airport Road major transportation corridors. Mobility Goal 3-G.4 – Manage parking to support all modes of transportation and ensure efficient use of land. The parking structure will enable Legoland to better manage parking by increasing parking availability, freeing up surface spaces for larger vehicles, and will support alternative modes of transportation through the inclusion of electric vehicle spaces and bicycle parking. Yes Mobility Policy 3-P.38– Develop flexible on-site vehicle parking requirements including innovative parking techniques, effective TDM programs to reduce parking demand, and other means to efficiently manage parking supply and demand. The project is intended to manage parking supply and demand more efficiently for Legoland. The parking structure includes at least ten percent of the parking spaces for electric vehicle and future electric vehicle parking. Yes Mobility Policy 3-P.39 – Require new employment development to provide secure bicycle parking on- site. Major employers should provide shower and changing rooms for employees as appropriate. The parking structure includes a secured space for 61 bicycles. Legoland provides shower/changing facilities for employees. Yes B. Commercial Tourist Zone (CMC Chapter 21.06); Qualified Development Overlay Zone (CMC Chapter 21.29); Site Development Plan (Chapters 21.06); and Coastal Resource Protection Overlay Zone (CMC Chapter 21.203) Sept 20, 2023 Item #3 Page 22 of 114 PROJECT ANALYSIS (GENERAL PLAN, MUNICIPAL CODE, AND OTHER REGULATIONS) All properties within Planning Area 4 of the Carlsbad Ranch Specific Plan (Legoland) are zoned Commercial Tourist with the Qualified Development Overlay (C-T-Q). The Q zone requires approval of an SDP for new development. The intent of the overlay is to ensure that projects will be compatible with surrounding development. As designed, no special considerations or conditions other than compliance with city codes and regulations are necessary to ensure that the project will be compatible with the existing development on adjacent properties. The C-T zone establishes land uses that are appropriate for serving the tourist community and their needs while visiting Carlsbad. The proposed parking structure is an accessory use/structure to the Legoland's primary use as an amusement park. The parking structure is not a primary use of the site as a parking facility, so a conditional use permit is not required. The required findings for an SDP 2021-0028, with justification for each, are summarized below and contained in the Planning Commission Resolution. 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. The project is a request for the construction of three-story parking structure within the existing Legoland parking lot. The structure is an accessory use that supports the Legoland California Resort. The parking structure is consistent with all applicable requirements of the General Plan, Carlsbad Ranch Specific Plan and Carlsbad Municipal Code (CMC). 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. The proposed parking structure will be located along the east edge of the existing parking lot, setback approximately 500 feet from Palomar Airport Road. It features an understated, yet architecturally integrated, design rather than a Legoland themed design. The structure will be constructed of durable, high quality building materials, will include architectural enhancements, and will be finished in an earthtone color palette, which will match or complement the existing parking structure adjacent to the north. The combination of proposed landscaping with the retention of existing mature trees and shrubs along The Crossings Drive will adequately screen and soften the parking structure from off-site views. The structure is designed to follow the slope of the existing grade. Sloping down from north to south consistent with the slope of the adjacent street and existing landscaping berm, which will allow the structure to blend in Sept 20, 2023 Item #3 Page 23 of 114 PROJECT ANALYSIS (GENERAL PLAN, MUNICIPAL CODE, AND OTHER REGULATIONS) with the surrounding environment. The project will provide adequate on- and off-site access, circulation, and parking during and after construction. 3. That the site for the intended development or use is adequate in size and shape to accommodate the use. The subject site is adequate in size and shape to accommodate the proposed parking structure. The proposed use complies with the required development and design standards of the Carlsbad Ranch Specific Plan. No variances to standards are proposed. 4. That all 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. The project will function as a supporting accessory use to the primary Legoland California Resort theme park use and is permitted by the Carlsbad Ranch Specific Plan's allowed Commercial Tourist zone uses. The project has been designed in accordance with the development and design standards of the Specific Plan and is compatible with existing and potential future uses. The proposed parking structure will be set back from The Crossings Drive approximately 30 feet, and adequate circulation, access aisles, parking spaces, and landscaping will be provided and maintained. The structure's height of 34 feet, 2 inches, is below the maximum 35-foot height limit. The proposed architectural treatment, scale and massing, and screening landscape will ensure the proposed parking structure is compatible with existing and potential future development in the surrounding area. 5. That the street systems serving the proposed development or use is adequate to properly handle all traffic generated by the proposed use. Primary access to the site will continue to be provided from the existing parking area accessed from Legoland Drive. The proposed parking structure is not a traffic generating use. Therefore, there will be no impact on the existing street systems. C. Carlsbad Ranch Specific Plan (207(K)) The subject site is located within Planning Area 4 (Legoland) of the Carlsbad Ranch Specific Plan. As seen in Table B below, the proposed project complies with the development standards and design guidelines contained in the Specific Plan. For the location of the proposed parking structure, within the outer park, the Specific Plan specifies that a Site Development Plan and Coastal Development Permit are required. Sept 20, 2023 Item #3 Page 24 of 114 PROJECT ANALYSIS (GENERAL PLAN, MUNICIPAL CODE, AND OTHER REGULATIONS) TABLE B: SPECIFIC PLAN COMPLIANCE STANDARDS REQUIRED/ALLOWED PROPOSED COMPL Y Building Height General Building. Allowed Protrusions 35 feet 45 feet 34 feet-3 Inches 40 feet Yes Stories 3 stories 3 stories Yes Building Setbacks Legoland Drive The Crossings Dr. Palomar Airport Rd. North Perimeter 50 feet minimum 20 feet minimum 300 feet minimum 35 feet minimum (Approximate) 1500 feet 30 feet 500 feet 800 feet Yes Architectural Design Parking structure shall be located away from LEGO Drive and Armada Drive. Screened from public view to the maximum extent possible. Should use landscape berms to reduce apparent height of above ground structures. Use decorative screening, trellis elements, vine planting to screen each level and soften the appearance of parking structure. The proposed parking structure is the furthest distance possible from Legoland Drive and Armada Drive. It is also located along the edge of the park area, rather than the center of the parking lot. The combination of existing and proposed landscaping, with a design that follows the slope of the project area, will screen the structure from public view to the maximum extent possible. Yes Architectural Design (continued) Architectural treatment, building materials and colors shall be consistent with surrounding buildings. Should use architectural treatment (e.g., moldings and joints) to provide relief on large walls. The project proposes high quality, durable materials of concrete and plaster, with architectural enhancements including articulation, trellises, cornices, column caps, glazed tiles, and scored reveals, etc. Decorative elements and proposed landscaping will soften the appearance of the structure. Yes As noted previously, the parking structure is not a vehicle trip generator, and it does not have a parking requirement. The structure's relation to the overall parking requirements is provided in table C form below. Sept 20, 2023 Item #3 Page 25 of 114 PROJECT ANALYSIS (GENERAL PLAN, MUNICIPAL CODE, AND OTHER REGULATIONS) TABLE C: PARKING Use Building/Use Area Parking Standard Spaces Required Spaces Provided Legoland Resort Park Auto RV Bus Hotel I Hotel II 38.7 acres Per SP 207(H) 80.08 spaces/ acre Per SP 207(H) Per SP 207(H) Per SDP 96- 14(1) Per SDP 15-26 3,696 total See below Employee Parking 600 II Total Parking 4,296 4,919 Proposed Parking Structure 1,174 Spaces Lost to Parking Structure Construction <327> Total Adjusted Parking 5,766 Surplus Visitor Spaces 5,766 - 4,296 = 1,470 D. Local Coastal Program (Mello II Segment) The proposed site is in the Mello II Segment of the Local Coastal Program (LCP) and is within the non-appealable jurisdiction of the California Coastal Commission. The site is also located within and subject to the Coastal Resources Protection Overlay Zone. The project is consistent with the relevant policies of the Mello II Segment of the LCP and the Coastal Resource Protection Overlay Zone as discussed below. 1. Mello II Segment of the Certified Local Coastal Program and all applicable policies The Specific Plan implements the intent of the Visitor Commercial (VC) General Plan Land Use designation and LCP Land Use designation. The Carlsbad Ranch Specific Plan is the implementing ordinance for, and is consistent with, the LCP. The proposed parking structure will not result in any conflicts with the provisions of the LCP. Specific Mello II Land Use Policies that are applicable to this site include Policy 1-1, Allowable Land Uses, and Policy 7-10, Parking. The proposed project is consistent with Policy 1-1 because the parking structure is consistent with provisions for on-site parking to support allowed uses in the Specific Plan and General Plan Land Use designations as discussed above. Policy 7-10 addresses parking standards in the CMC. Sept 20, 2023 Item #3 Page 26 of 114 PROJECT ANALYSIS (GENERAL PLAN, MUNICIPAL CODE, AND OTHER REGULATIONS) As noted previously, the parking structure will create additional parking in one area and result in a net increase in the overall parking supply on the Legoland site. The project does not preclude any recreational opportunities or shoreline access as the property is not located adjacent to any waterways or bodies of water. The project will not obstruct views of the coastline as seen from public lands or public rights-of-way. 2. Coastal Resource Protection Overlay Zone The project is consistent with the provisions of the Coastal Resource Protection Overlay Zone (CMC Chapter 21.203 of the Zoning Ordinance) in that the project will adhere to the City's Master Drainage Plan, Grading Ordinance, Storm Water Ordinance, BMP Design Manual and Jurisdictional Runoff Management Program (JRMP) to avoid increased urban run-off, pollutants, and soil erosion. No development is proposed in areas of natural steep slopes (25% gradient) and no native vegetation is located on the subject property. In addition, the site is not located in an area prone to landslides, or susceptible to accelerated erosion, floods, or liquefaction. E. McClellan-Palomar Airport Land Use Compatibility Plan The project site is located approximately one mile west of the airport. The site is within the Airport Influence Area Review Area 1, and specifically the 60-65 CNEL noise contour for McClellan-Palomar Airport. Automobile parking is deemed a compatible use within the 60-65 CNEL contour in the Airport Land Use Compatibility Plan, McClellan-Palomar Airport (ALUCP). The ALUCP identifies that this type of use may be carried out without interference from aircraft noise. The proposed project is located within the ALUCP Safety Zone 6, and the ALUCP identifies parking structures as compatible uses within this zone. Legoland is also within the Airport Overflight Notification Area, which requires recordation of an overflight notification only for new residential uses. However, previous project approvals required, and the developer recorded, a "Notice Concerning Aircraft Environmental Impacts" for the theme park. Finally, the parking structure's maximum height does not exceed the threshold for any notification to the Federal Aviation Administration (FAA). Per the FAA's Part 77, Subpart C, height standards shown in Exhibit 111-3 of the ALUCP, the project's proposed height would need to exceed 481 feet above mean sea level (MSL) before notification to the FAA would be required. The project proposes a height of no more than 160 feet above MSL so FAA notification is not required. H. Growth Management Ordinance (CMC Chapter 21.90) and Local Facilities Management Plan Zone 13 The proposed project is located within Local Facilities Management Zone 13. The Carlsbad Ranch Specific Plan was found to be in compliance with the Zone 13 Local Facilities Management Plan when adopted and amended. The proposed parking structure is consistent Sept 20, 2023 Item #3 Page 27 of 114 PROJECT ANALYSIS (GENERAL PLAN, MUNICIPAL CODE, AND OTHER REGULATIONS) with the Carlsbad Ranch Specific Plan and does not change the growth projections analyzed in the Zone 13 Local Facilities Management Plan. No new facilities analysis is required and no amendment to the facilities plan is necessary. Sept 20, 2023 Item #3 Page 28 of 114 Exhibit 4 Sept 20, 2023 Item #3 Page 29 of 114 Sept 20, 2023 Item #3 Page 30 of 114 Sept 20, 2023 Item #3 Page 31 of 114 Sept 20, 2023 Item #3 Page 32 of 114 Sept 20, 2023 Item #3 Page 33 of 114 Sept 20, 2023 Item #3 Page 34 of 114 15168 Exemption Checklist Legoland Parking Structure SDP 2021-0028/CDP 2021-0066 (DEV2021-0256) - 5 - 9/6/2023 4. Overview of Applicable CEQA Provisions and Findings Under CEQA Guidelines Section 15168, Program EIR, a lead agency does not need to reevaluate or recirculate an environmental document for a significant and unavoidable effect of a later activity if that activity is within the scope of the plan or program and the impact was covered in the Program EIR. However, when using tiering, as described in CEQA Guidelines §15152, the lead agency needs to consider again the significant and unavoidable effects that were evaluated in a previous EIR to assess if they could now be mitigated and, if not, to inform adoption of CEQA findings and a statement of overriding considerations pursuant to CEQA Guidelines Sections 15091 and 15093. CEQA Guidelines Section 15168(c)(4) recommends using a written checklist or similar device to confirm whether the environmental effects of a subsequent activity were adequately covered in a Program EIR. Accordingly, this section examines the Project’s potential environmental effects within the parameters outlined in CEQA Guidelines Section 15168. The “Prior EIRs” (as defined in CEQA Guidelines) is the City of Carlsbad, Carlsbad Ranch Specific Plan Program EIR, inclusive of all impact determinations, significance thresholds and mitigation measures identified therein. The evaluation builds from the Appendix G Environmental Checklist and has been modified to reflect the parameters outlined in CEQA Guidelines Section 15168. The checkboxes in the evaluation below indicate whether the proposed Project would result in environmental impacts, as follows: • New Significant Impact – The proposed Project would result in a new significant impact that was not previously identified in the Program EIR. • Substantial Increase in Severity of Previously Identified Significant Impact in Program EIR – The proposed Project’s specific impact would be substantially greater than the specific impact described in the Program EIR. • Substantial Change Relative to Program EIR – The proposed Project would involve a substantial change from analysis conducted in the Prior EIR. • Equal or Less Severity of Impact than Previously Identified in Program EIR – The severity of the specific impact of the proposed Project would be the same as or less than the severity of the specific impact described in the Program EIR. Sept 20, 2023 Item #3 Page 35 of 114 15168 Exemption Checklist Legoland Parking Structure SDP 2021-0028/CDP 2021-0066 (DEV2021-0256) - 6 - 9/6/2023 Significant Project Impact Substantial Increase in Severity Substantial Change Relative to Program Equal or Less Severity of Impact 1. Aesthetics – Would the Project: a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? c) Substantially degrade the existing visual character or quality of the site and its surroundings? d) Create a new source of substantial light or glare, which would adversely affect day or nighttime views in the area? Discussion The Project applicant is requesting a Site Development Plan and Coastal Development Permit for the construction of an 1,174-space, four-story parking structure consisting of 387,338 square feet. The proposed parking structure is being built on a site that is below the scenic vista and therefore has a less than significant impact on the scenic vista. The new structure is consistent with the overall planned building intensity, including height, and is within the geographic area analyzed for environmental impacts, as described in the Program EIR. The structure is sited not to be visible from Interstate 5, the nearest state scenic highway. The structure will preserve and take advantage of existing mature trees and landscaping, and the project includes additional trees and landscaping, to minimize any degradation to the existing visual character or quality of the site and its surroundings. The Program EIR evaluated potential impacts to Visual Aesthetics/grading (5.11-1) and determined the following: • No significant impact to visual aesthetics/grading has been identified for the specific plan portion of the project. The Program EIR determined that there was no impact on aesthetics related to the Project site. No mitigation measures were required for the determination of less than significant impacts. Furthermore, the Program EIR determined that the proposed project in conjunction with other cumulative projects will not result in a significant cumulative visual aesthetics/grading impact. Further environmental review is not required because there are no substantial changes proposed in the Project (as envisioned by the Program EIR) or circumstances that will require major revisions of the prior CEQA document due to the involvement of new significant effects or a substantial increase in the severity of previously identified significant effects. There is no new information, which was not known and could not have been known with the exercise of reasonable diligence at the time the prior environmental document was certified/adopted. Sept 20, 2023 Item #3 Page 36 of 114 15168 Exemption Checklist Legoland Parking Structure SDP 2021-0028/CDP 2021-0066 (DEV2021-0256) - 7 - 9/6/2023 Conclusion As discussed above, the Project would not result in any significant impacts to aesthetics; and as studied in the Program EIR under Visual aesthetics/grading there are no remaining applicable mitigation measures, and all impacts are less than significant. There are no scenic vistas within the Project area; therefore, construction and operation of the proposed Project would have no impact on scenic vistas. Sept 20, 2023 Item #3 Page 37 of 114 15168 Exemption Checklist Legoland Parking Structure SDP 2021-0028/CDP 2021-0066 (DEV2021-0256) - 8 - 9/6/2023 Significant Project Impact Substantial Increase in Severity Substantial Change Relative to Program Equal or Less Severity of Impact 2. Agriculture/Forestry Resources – Would the Project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide or Local Importance as shown on the maps prepared pursuant to the Farmland Mapping and b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code §12220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code §51104(g))? d) Result in the loss of forest land or conversion of forest land to non-forest use? e) Involve other changes in the existing environment, which, due to their location or nature, could result in conversion of Important Farmland or other agricultural resources, to non-agricultural use? Discussion The Program EIR did not evaluate potential impacts to agriculture. This proposed project is only impacting existing surface parking. There are no potential impacts from any of the topics related to the protection of Agriculture / Forestry Resources. The project site does not contain any Prime Farmland, Unique Farmland, or Farmland of Statewide Importance as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency. Further environmental review is not required because there are no substantial changes proposed in the Project (as envisioned by the Program EIR) or circumstances that will require major revisions of the prior CEQA document due to the involvement of new significant effects or a substantial increase in the severity of previously identified significant effects. There is no new information, which was not known and could not have been known with the exercise of reasonable diligence at the time the prior environmental document was certified/adopted. Sept 20, 2023 Item #3 Page 38 of 114 15168 Exemption Checklist Legoland Parking Structure SDP 2021-0028/CDP 2021-0066 (DEV2021-0256) - 9 - 9/6/2023 Conclusion As discussed above, the Project would not result in any significant impacts to agriculture and forestry; therefore, the Project would not result in an impact which was not adequately evaluated by the Program EIR. The Program EIR evaluated all land development anticipated through the application of policies, regulations, and as logical parts of a long-term plan. Pursuant to CEQA Guidelines Sections 15162 and 15168, the request to construct parking structure on existing surface parking lot is within the scope of the Program EIR. Sept 20, 2023 Item #3 Page 39 of 114 15168 Exemption Checklist Legoland Parking Structure SDP 2021-0028/CDP 2021-0066 (DEV2021-0256) - 10 - 9/6/2023 Significant Project Impact Substantial Increase in Severity Substantial Change Relative to Program Equal or Less Severity of Impact 3. Air Quality – Would the Project: a) Conflict with or obstruct implementation of the applicable air quality plan? b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? Discussion The Project applicant is requesting a Site Development Plan and Coastal Development Permit for the construction of an 1,174-space, four-story parking structure consisting of 387,338 square feet. The Carlsbad Ranch Specific Plan Program EIR and Amendment identified the project is located in the San Diego Air Basin. The San Diego Air Basin is a non-attainment area for federal and state air quality standards for ozone and state standard for particulate matter less than ten microns in diameter (PM10). Air pollutants transported into the basin from the adjacent South Coast Air Basin substantially contribute to the non-attainment conditions in the San Diego Air Basin. The Program EIR evaluated potential impacts to air quality and determined the following: • Potentially significant construction emissions are proportional to the size of the project under construction and major development to occur over a 15-year time period. • Long term development impacts are anticipated to consist mostly around mobile air pollutant emissions. • Mitigation measures for individual development projects will reduce the level of impact to less than significant on individual development projects. Mitigation Measure 1(AQ) will still apply and is currently implemented as follows: o Provide preferential parking spaces for carpools and vanpools and provide 7’2” minimum vertical clearance in parking facilities for van access unless surface parking is provided for vans. o Use energy-efficient low sodium parking lot lights* o Schedule truck deliveries and pickups for off-peak hours. o Require on-site truck loading zones. o Require employers to provide commuter information areas. *Parking structure to use higher-efficiency LED lighting Sept 20, 2023 Item #3 Page 40 of 114 15168 Exemption Checklist Legoland Parking Structure SDP 2021-0028/CDP 2021-0066 (DEV2021-0256) - 11 - 9/6/2023 Construction: Construction of the Project would generate temporary air pollutant emissions. These impacts are primarily associated with fugitive dust (PM10 and PM2.5) and exhaust emissions from heavy construction vehicles. The modeling analysis of air pollutant emissions in the Program EIR provided defaults for construction phasing, off-road equipment, dust from material movement, demolition, average daily trips, on-road fugitive dust, etc. The Program EIR was certified on January 6, 1996. Later in that same year, the Environmental Protection Agency (EPA) implemented the first non-road diesel engine emissions standards (Tier 1 engines). Since then, the EPA adopted a comprehensive national program to reduce emissions from nonroad compression-ignition (diesel) engines by integrating engine and fuel controls. The California Air Resources Board (CARB) received authorization from the EPA on September 13, 2013, to enforce multiple tiers of engine and fuel control emissions standards. Tier 4 is in effect today and is the strictest of all previous regulations, so all new prime power and portable diesel generators are manufactured to meet this requirement. Tier 4 compliant engines significantly reduce emissions of PM and oxides of nitrogen (NOx) to near zero levels. To meet new Tier 4 emission standards, engine manufacturers must produce new engines with advanced emission control technologies. Thus, the Program EIR’s modeling results provide a conservative estimate of air pollutant emissions since it assumed a higher construction-related PM emission. Land use development activities and all projects, including those associated with the proposed Project, are now required to meet more stringent emissions limitations. In addition, in accordance with SDAPCD’s recommended BMPs for construction emissions, which are recommended for all projects, the Project would include BMPs such as watering down the dirt prior to excavation, covering excavated dirt piles on the site and on transportation vehicles, limiting these activities to smaller disturbed areas at a time, limiting the speed at which vehicles coming in and out of the site, and providing wet vacuum street sweepers on adjacent public roads once a day in order to decrease dust in the air, etc. Operations: The Project is consistent with the overall planned density and building intensity, geographic area analyzed for environmental impacts, and covered infrastructure, as described in the Program EIR. Therefore, the Project will not result in a new significant impact or substantially increase the severity of a previously identified significant impact relative to the Program EIR. The Project would increase the number of parking spaces available in the Legoland California theme park to accommodate additional parking. The parking structure (Parking Structure #2) is proposed in an area that already accommodates 327 surface parking spaces, with no electric vehicle charging spaces. The proposed Project would construct 1,174 structure parking spaces, including 59 electric vehicle spaces and 59 future electronic vehicle spaces. The Project would generate minor emissions from the parking structure’s equipment operation. However, these emissions would be limited to minor energy use for lighting. Parking lots themselves do not generate vehicle trips. Although more vehicular trips would be accessing the subject site than under the current conditions, it is assumed that these trips are merely being redistributed from other nearby parking options, including surface parking within the Legoland California Resort theme park. This activity does not exceed the SDAPCD significant thresholds for pollutants of concern. Despite the trend toward electric vehicle usage in the State of California, in general, parking structures are considered hotspot microenvironments with elevated concentrations of traffic- related air pollutants (CO and NO2). Although not studied in the Program EIR, this Checklist evaluates the operations of the parking structure against the criteria listed above. “Open” and Sept 20, 2023 Item #3 Page 41 of 114 15168 Exemption Checklist Legoland Parking Structure SDP 2021-0028/CDP 2021-0066 (DEV2021-0256) - 12 - 9/6/2023 “enclosed” describe two different kinds of parking structures. Many parking structures are open to the outside air which aids with natural ventilation. Those that are enclosed require additional protection measures.to influence the supply-air source of the structure • An open parking structure (designed for automobile storage with openings with more than 40 percent of its perimeter) provide natural ventilation and reduces exposure to traffic-related air pollutants. Parking structures must meet all of the requirements of Section 406.5 of the California Building Code to be considered open. Ventilation other than the percentage of openings specified are not required. • An enclosed parking structure (a structure designed for automobile storage with openings along less than 40 percent of its perimeter) requires mechanical ventilation to control pollutants generated during normal operations and to remove smoke in the event of a fire. The California Energy Code has requirements related to ventilation and fan power, traffic-related air pollutant sensor placement and detection, control system logic, and acceptance testing. Requirements for enclosed parking structures can be found in Section 120.6(c) of the Energy Code. The ventilation rate must be at least 0.15 cfm/ft2 when the structure is scheduled to be occupied. Ventilation systems must automatically detect contaminant levels and stage fans or modulate fan air flow rates. The Project subject to this Checklist’s analysis proposes an open design concept. Should the Project be redesigned or conditioned in such a way that it no longer meets the minimum requirements for both area of openings and perimeter of openings to allow for natural ventilation, implementation of the California Building Standards Code would ensure that the CO and NO2 levels are controlled or ventilated when concentrations approach unsafe levels. Further environmental review is not required because there are no substantial changes proposed in the Project (as envisioned by the Program EIR) or circumstances that will require major revisions of the prior CEQA document due to the involvement of new significant effects or a substantial increase in the severity of previously identified significant effects. There is no new information, which was not known and could not have been known with the exercise of reasonable diligence at the time the prior environmental document was certified/adopted. Conclusion The Program EIR evaluated all land development anticipated through the application of policies, regulations, and as logical parts of a long-term plan. Pursuant to CEQA Guidelines Sections 15162 and 15168, the request to construct the parking structure is within the scope of the previously-certified Program EIR, and there would be no additional impacts to air quality beyond those analyzed in the Program EIR. The following environmental conditions of approval would apply to the Project to implement requirements of the Program EIR Mitigation Measures: Air Quality Mitigation Measure 1. Sept 20, 2023 Item #3 Page 42 of 114 15168 Exemption Checklist Legoland Parking Structure SDP 2021-0028/CDP 2021-0066 (DEV2021-0256) - 13 - 9/6/2023 Significant Project Impact Substantial Increase in Severity Substantial Change Relative to Program Equal or Less Severity of Impact 4. Biological Resources – Would the Project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Wildlife or US Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? Discussion The Project applicant is requesting a Site Development Plan and Coastal Development Permit for the construction of an 1,174-space, four-story parking structure consisting of 387,338 square feet. The Program EIR evaluated potential impacts to biological resources and determined the following: • Sensitive Vegetation: Implementation of the proposed Specific Plan project impacted 9 acres of developed land, 452 acres of agriculture vegetation, 7.5 acres of Diegan coastal Sept 20, 2023 Item #3 Page 43 of 114 15168 Exemption Checklist Legoland Parking Structure SDP 2021-0028/CDP 2021-0066 (DEV2021-0256) - 14 - 9/6/2023 sage scrub, 2 acres of southern mixed chaparral, 1.1 acres of riparian scrub, and approximately .03 acres of disturbed freshwater marsh. • Sensitive Plants: No specific sensitive plants were found during the vegetation surveys on the site. • Animals: Sixteen avian species and one mammalian species were observed during the site visits. The sensitive avian species the California Horned Lark was found during the surveys. • Direct impacts to the California Horned Lark will occur due to the removal of 88 percent of the agricultural fields. This impact was not considered significant. No impacts were determined to be significant to potentially occurring sensitive or listed animal species. • Indirect impacts were determined to potentially occur during construction activities or activities associated with the development operations. The impacts are considered to be less than significant with mitigation; Mitigation Measures 3 through 6 (BIO). The Project is consistent with the MHCP and HMP because the property is identified as Urban/Developed. Mitigation Measures 1-2 (BIO) apply to landscape direct impacts and are not applicable to the proposed Project. Mitigation Measure 3 (BIO) applied only to a pair of gnatcatchers located on the municipal golf course during implementation of the Program EIR. All project specific mitigation measures for the golf course were followed during construction, thus Mitigation Measure 3 (BIO) is not applicable to the proposed Project. Mitigation Measures 4-6 (BIO) will be implemented in as much as it applies to the proposed Project. The Project is consistent with the overall planned density and building intensity, geographic area analyzed for environmental impacts, and covered infrastructure, as described in the Program EIR. Therefore, the Project will not result in a new significant impact or substantially increase the severity of a previously identified significant impact relative to the Program EIR. Further environmental review is not required because there are no substantial changes proposed in the Project (as envisioned by the Program EIR) or circumstances that will require major revisions of the prior CEQA document due to the involvement of new significant effects or a substantial increase in the severity of previously identified significant effects. There is no new information, which was not known and could not have been known with the exercise of reasonable diligence at the time the prior environmental document was certified/adopted. Conclusion The Program EIR evaluated all land development anticipated through the application of policies, regulations, and as logical parts of a long-term plan. Pursuant to CEQA Guidelines Sections 15162 and 15168, the request to construct a parking structure on existing surface parking is within the scope of the previously-certified Program EIR, and there would be no additional impacts to biological resources beyond those analyzed in the Program EIR. The following environmental conditions of approval would apply to the Project to implement requirements of the Program EIR Mitigation Measures: Biology Mitigation Measures 3-6. Sept 20, 2023 Item #3 Page 44 of 114 15168 Exemption Checklist Legoland Parking Structure SDP 2021-0028/CDP 2021-0066 (DEV2021-0256) - 15 - 9/6/2023 Significant Project Impact Substantial Increase in Severity Substantial Change Relative to Program Equal or Less Severity of Impact 5. Cultural Resources – Would the Project: a) Cause a substantial adverse change in the significance of a historical resource as defined in §15064.5? b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to §15064.5? c) Disturb any human remains, including those interred outside of dedicated cemeteries? Discussion The Project applicant is requesting a Site Development Plan and Coastal Development Permit for the construction of an 1,174-space, four-story parking structure consisting of 387,338 square feet. The Program EIR evaluated potential impacts to archeological (starting on 5.3) resources and determined the following: • The Specific Plan project would impact the following previously recorded sites within the 447.4 acre project site Previously recorded sites within the 447.4 acre project site include CRL-1 (CA-SDI-1014), CA-SDI-6132 (SDM-W- 119), CA-SDI-6830 (SDM-W- 1890), CA- SDI-8797 (SDM-W- 116), CA-SDI-10670 (SDM-W- 117), CA-SDI-10671 (SDM-W- 118), CASDI-10672 (SDM-W-125), and CA-SDI-12814. Previous work conducted at sites within the Carlsbad Ranch include: Gross (1987), Wade and Hector (1988), Schroth et al. (1990), Gallegos and Kyle (1992) and Smith (in progress). All sites within the Carlsbad Ranch have been tested to determine site significance/importance under City of Carlsbad and California Environmental Quality Act (CEQA) Guidelines (Gallegos and Kyle 1992). Wade and Hector (1988) tested CA-SDI-6830, CA-SDI- 6132 and CA-SDI-10671 (SDM-W-1 18), as part of the proposed Cannon Road and Sewer Line Alignment. • Paleontological Resources. Museum locality records did not document known fossil locations. Fragments were found in Macario canyon. The Program EIR identified construction of the entire project would result in significant impacts to archeological (cultural) resources and identified four mitigation measures that would reduce impacts to less than significant for cultural resources. Mitigation Measure 1-3 (CUL)do not apply to the geography of the proposed project to construct a parking structure. Mitigation Measure 4 (CUL) applies and will be implemented during any project grading. Impacts to paleontological resources were determined to be significant. Mitigation Measure 5 (CUL) was applied and reduced the mitigation to less than significant for the mass grading and Mitigation Measure 6 (CUL) was for the work at the I-5/Cannon Road interchange. Both measures were implemented and not applicable to the project grading at this site. Sept 20, 2023 Item #3 Page 45 of 114 15168 Exemption Checklist Legoland Parking Structure SDP 2021-0028/CDP 2021-0066 (DEV2021-0256) - 16 - 9/6/2023 The Project is consistent with the overall planned density and building intensity, geographic area analyzed for environmental impacts, and covered infrastructure, as described in the Program EIR. Therefore, the Project will not result in a new significant impact or substantially increase the severity of a previously identified significant impact relative to the Program EIR. Further environmental review is not required because there are no substantial changes proposed in the Project (as envisioned by the Program EIR) or circumstances that will require major revisions of the prior CEQA document due to the involvement of new significant effects or a substantial increase in the severity of previously identified significant effects. There is no new information, which was not known and could not have been known with the exercise of reasonable diligence at the time the prior environmental document was certified/adopted. Mitigation Measure 4 (CUL) will be implemented as required by the Program EIR. An archaeologist and a paleontologist will be retained prior to any grading activities. This satisfies the mitigation measure in EIR 94-01. Additionally, a pre- excavation agreement with Luiseno tribe will be completed prior to any grading activities on site to ensure proper handling of any culturally sensitive items and or remains if found during grading activities. Conclusion The Program EIR evaluated all land development anticipated through the application of policies, regulations, and as logical parts of a long-term plan. Pursuant to CEQA Guidelines Sections 15162 and 15168, the request to construct parking structure is within the scope of the previously- certified Program EIR, and there would be no additional impacts to cultural resources beyond those analyzed in the Program EIR. Sept 20, 2023 Item #3 Page 46 of 114 15168 Exemption Checklist Legoland Parking Structure SDP 2021-0028/CDP 2021-0066 (DEV2021-0256) - 17 - 9/6/2023 Significant Project Impact Substantial Increase in Severity Substantial Change Relative to Program Equal or Less Severity of Impact 6. Energy Resources – Would the Project: a) Result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation? b) Conflict with or obstruct a state or local plan for renewable energy or energy efficiency? Discussion The Specific Plan will result in the generation of stationary source emissions in the region through on-site consumption of energy (Le, lighting, water, and space heating and cooling. Stationary sources include two types: point and area. Point sources are those which are at a specific site that has one or two emission sources or at a facility with an identified location (e.g., power plant). Area sources comprise many small emission sources (e.g., homes offices and shops) which do not have specifically identified locations, but for which emissions can be calculated using per unit standards. Please refer to the Air Quality analysis for more context and information about the Program EIR’s analysis. The Project would be required to comply with the 2015 Climate Action Plan (amended in 2020) through the review of a Climate Action Plan checklist. This checklist contains measures that are required to be implemented on a project-by-project basis to ensure that the specified emissions targets identified in the Climate Action Plan (CAP) are achieved. Implementation of these measures will ensure that new development is consistent with the CAP’s assumption for relevant CAP strategies toward achieving the identified greenhouse gas reduction targets, which have been developed since the approval and certification of the Program EIR. The Project applicant is requesting a Site Development Plan and Coastal Development Permit for the construction of an 1,174-space, four-story parking structure consisting of 387,338 square feet. The Project is consistent with the overall planned density and building intensity, geographic area analyzed for environmental impacts, and covered infrastructure, as described in the Program EIR. As a parking structure, the Project will have lower energy demands than buildings that are used for other types of functions (office, retail, industrial, etc), and the Project will include an array of photovoltaic panels above the top parking level which will provide a clean source of energy and ensure any energy consumption is minimal. Therefore, the Project will not result in a new significant impact or substantially increase the severity of a previously identified significant impact relative to the Program EIR. Further environmental review is not required because there are no substantial changes proposed in the Project (as envisioned by the Program EIR) or circumstances that will require major revisions of the prior CEQA document due to the involvement of new significant effects or a substantial increase in the severity of previously identified significant effects. There is no new Sept 20, 2023 Item #3 Page 47 of 114 15168 Exemption Checklist Legoland Parking Structure SDP 2021-0028/CDP 2021-0066 (DEV2021-0256) - 18 - 9/6/2023 information, which was not known and could not have been known with the exercise of reasonable diligence at the time the prior environmental document was certified/adopted. Conclusion As discussed above, the Project would not result in any significant impacts to energy; therefore, the Project would not result in an impact which was not adequately evaluated by the Program EIR. The Program EIR evaluated all land development anticipated through the application of policies, regulations, and as logical parts of a long-term plan. Pursuant to CEQA Guidelines Sections 15162 and 15168, the request to construct a parking structure is within the scope of the previously-certified Program EIR. Sept 20, 2023 Item #3 Page 48 of 114 15168 Exemption Checklist Legoland Parking Structure SDP 2021-0028/CDP 2021-0066 (DEV2021-0256) - 19 - 9/6/2023 Significant Project Impact Substantial Increase in Severity Substantial Change Relative to Program Equal or Less Severity of Impact 7. Geology and Soils Resources – Would the Project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist- Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground shaking? iii) Seismic- related ground Failure, including liquefaction? iv) Landslides? b) Result in substantial soil erosion or the loss of topsoil? c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? f) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? Discussion The Program EIR evaluated potential impacts to Visual Impacts/Grading and determined that there were no impacts. Applicable mitigation measures were related to the mass grading for the original project and construction of the I-5 / Cannon Road ramps. Sept 20, 2023 Item #3 Page 49 of 114 15168 Exemption Checklist Legoland Parking Structure SDP 2021-0028/CDP 2021-0066 (DEV2021-0256) - 20 - 9/6/2023 The Project applicant is requesting a Site Development Plan and Coastal Development Permit for the construction of an 1,174-space, four-story parking structure consisting of 387,338 square feet. The Project is consistent with the overall planned density and building intensity, geographic area analyzed for environmental impacts, and covered infrastructure, as described in the Program EIR. Therefore, the Project will not result in a new significant impact or substantially increase the severity of a previously identified significant impact relative to the Program EIR. The proposed Project will have 4,070 cubic yards of grading with 1,020 of [fill/export]. The Project is proposed on existing surface parking, therefore grading impacts are limited. Further environmental review is not required because there are no substantial changes proposed in the Project (as envisioned by the Program EIR) or circumstances that will require major revisions of the prior CEQA document due to the involvement of new significant effects or a substantial increase in the severity of previously identified significant effects. There is no new information, which was not known and could not have been known with the exercise of reasonable diligence at the time the prior environmental document was certified/adopted. Conclusion As discussed above, the Project would not result in any significant impacts to geology and soils; therefore, the Project would not result in an impact which was not adequately evaluated by the Program EIR. The Program EIR evaluated all land development anticipated through the application of policies, regulations, and as logical parts of a long-term plan. Pursuant to CEQA Guidelines Sections 15162 and 15168, the request to construct a parking structure is within the scope of the previously-certified Program EIR. Sept 20, 2023 Item #3 Page 50 of 114 15168 Exemption Checklist Legoland Parking Structure SDP 2021-0028/CDP 2021-0066 (DEV2021-0256) - 21 - 9/6/2023 Significant Project Impact Substantial Increase in Severity Substantial Change Relative to Program Equal or Less Severity of Impact 8. Greenhouse Gas Emissions Resources – Would the Project: a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? b) Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gas? Discussion The Project applicant is requesting a Site Development Plan and Coastal Development Permit for the construction of an 1,174-space, four-story parking structure consisting of 387,338 square feet. The EIR did not include an analysis of Greenhouse Gas emissions as a topic area. The Project would be required to comply with the 2015 Climate Action Plan (amended in 2020) through the review of a Climate Action Plan checklist. This checklist contains measures that are required to be implemented on a project-by-project basis to ensure that the specified emissions targets identified in the Climate Action Plan (CAP) are achieved. Implementation of these measures will ensure that new development is consistent with the CAP’s assumption for relevant CAP strategies toward achieving the identified greenhouse gas reduction targets, which have been developed since the approval and certification of the Program EIR. Therefore, the first step in determining a project’s consistency with the CAP is to measure the density and intensity of the land use development application. If a project is consistent with the growth projections in the CAP, its associated growth in terms of GHG emissions was accounted for in the CAP’s business-as- usual projection and is within the scope of the CAP’s analysis and program of measures that contribute towards reducing overall communitywide GHG emissions below identified GHG targets. Projects that are consistent with the existing General Plan land use designation may incorporate by reference the CAP's cumulative GHG analysis. The Project is consistent with the overall planned density and building intensity as described in the General Plan. The addition of parking does not generate trips. The nearby Legoland California Resort theme park uses generate trips. The new parking structure is anticipated to provide an alternate parking option to those currently parking in other areas of the theme park. The parking structure could reduce vehicle emissions and congestion by eliminating the need for additional travel time to search for a parking space. Therefore, there would be no net increase in greenhouse gas emissions as a result of parking structure operations. As described above, the Project would not result in a cumulatively considerable contribution to global climate change. As such, the Project would be consistent with city goals and policies included in the General Plan that address greenhouse gas reductions. Therefore, the Project would be consistent with emissions reduction targets of Assembly Bill 32, the Global Warming Solutions Act, and Senate Bill 32. Thus, the Project would not conflict with any applicable plan, policy or regulation adopted for the purpose of reducing emissions of greenhouse gas emissions. Sept 20, 2023 Item #3 Page 51 of 114 15168 Exemption Checklist Legoland Parking Structure SDP 2021-0028/CDP 2021-0066 (DEV2021-0256) - 22 - 9/6/2023 The Program EIR evaluated potential impacts to greenhouse gas emissions and determined that there were no impacts. No mitigation measures were required for the determination of less than significant impacts. The Project is consistent with the overall planned density and building intensity, geographic area analyzed for environmental impacts, and covered infrastructure, as described in the Program EIR. Therefore, the Project will not result in a new significant impact or substantially increase the severity of a previously identified significant impact relative to the Program EIR. Greenhouse gas emissions are listed as less than significant impact, mostly due to what emissions would be released during the construction period, which is estimated to be 11 months. For construction of the proposed Project, greenhouse gas emissions would be emitted over the 11-month construction period. No GHG impacts are anticipated as a result from the construction and operation of the parking facility. Therefore, the Project would not generate gas emission that would have significant impact on the environment and would not conflict with any applicable plan, policy or regulation. Further environmental review is not required because no substantial changes are proposed in the Project (as envisioned by the Program EIR) or circumstances that will require major revisions of the prior CEQA document due to the involvement of new significant effects or a substantial increase in the severity of previously identified significant effects. There is no new information, which was not known and could not have been known with the exercise of reasonable diligence at the time the prior environmental document was certified/adopted. Conclusion As discussed above, the Project would not result in any significant impacts to greenhouse gas; therefore, the Project would not result in an impact which was not adequately evaluated by the Program EIR. The Program EIR evaluated all land development anticipated through the application of policies, regulations, and as logical parts of a long-term plan. Pursuant to CEQA Guidelines Sections 15162 and 15168, the request to parking structure is within the scope of the previously-certified Program EIR. Sept 20, 2023 Item #3 Page 52 of 114 15168 Exemption Checklist Legoland Parking Structure SDP 2021-0028/CDP 2021-0066 (DEV2021-0256) - 23 - 9/6/2023 Significant Project Impact Substantial Increase in Severity Substantial Change Relative to Program Equal or Less Severity of Impact 9. Hazardous and Hazardous Materials Resources – Would the Project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? f) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? g) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? Discussion Sept 20, 2023 Item #3 Page 53 of 114 15168 Exemption Checklist Legoland Parking Structure SDP 2021-0028/CDP 2021-0066 (DEV2021-0256) - 24 - 9/6/2023 The Project applicant is requesting a Site Development Plan and Coastal Development Permit for the construction of an 1,174-space, four-story parking structure consisting of 387,338 square feet. The Program EIR evaluated potential impacts to hazardous and hazardous materials and determined the following: • Based on soil samples, there were near surface soils and contaminants within proximity, but no proximity • Evidence of surface staining and possible contamination was observed, but no significant levels were identified from testing. • Implementation results in an increased number of persons being located on the site, therefore Mitigation Measures 1-4 (HAZ) were established for testing and reporting during all soil development and grading activities. Mitigation Measures 1-4 (HAZ) apply to this project. The Project is consistent with the overall planned density and building intensity, geographic area analyzed for environmental impacts, and covered infrastructure, as described in the Program EIR. Therefore, the Project will not result in a new significant impact or substantially increase the severity of a previously identified significant impact relative to the Program EIR. Further environmental review is not required because there are no substantial changes proposed in the Project (as envisioned by the Program EIR) or circumstances that will require major revisions of the prior CEQA document due to the involvement of new significant effects or a substantial increase in the severity of previously identified significant effects. There is no new information, which was not known and could not have been known with the exercise of reasonable diligence at the time the prior environmental document was certified/adopted. Conclusion The Program EIR evaluated all land development anticipated through the application of policies, regulations, and as logical parts of a long-term plan. Pursuant to CEQA Guidelines Sections 15162 and 15168, the request to construct a parking structure is within the scope of the previously-certified Program EIR, and there would be no additional impacts hazardous and hazardous materials resources beyond those analyzed in the Program EIR. The following environmental conditions of approval would apply to the Project to implement requirements of the Program EIR Mitigation Measures 1-4 (HAZ). Sept 20, 2023 Item #3 Page 54 of 114 15168 Exemption Checklist Legoland Parking Structure SDP 2021-0028/CDP 2021-0066 (DEV2021-0256) - 25 - 9/6/2023 Significant Project Impact Substantial Increase in Severity Substantial Change Relative to Program Equal or Less Severity of Impact 10. Hydrology and Water Quality Resources – Would the Project: a) Violate any water quality standards or waste discharge requirements? b) Substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management of the basin? c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner which would: i) result in a substantial erosion or siltation on- or off-site; ii) substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or offsite; iii) create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff; or iv) impede or redirect flood flows? d) In flood hazard, tsunami, or seiche zones, risk release of pollutants due to project inundation? e) Conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan? f) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? Sept 20, 2023 Item #3 Page 55 of 114 15168 Exemption Checklist Legoland Parking Structure SDP 2021-0028/CDP 2021-0066 (DEV2021-0256) - 26 - 9/6/2023 Discussion The Project applicant is requesting a Site Development Plan and Coastal Development Permit for the construction of an 1,174-space, four-story parking structure consisting of 387,338 square feet. The proposed Project will have 4070 cubic yards of grading with 1020 of [fill/export]. The Project is proposed on existing surface parking, therefore grading impacts are limited. The Program EIR Did not identify any impacts to hydrology and water quality (Section 5.12) in the grading and other work required for the construction of the proposed project. The EIR concluded that impacts to water quality were less than significant and that the proposed drain systems were adequate to direct runoff away from Agua Hedionda Lagoon. Best management practices during project construction are required to be implemented due to existing regulatory framework and design. Additionally, based on the Drainage Study for this project, completed February 2023, and the calculations presented therein, the proposed development will not pose any hydrologic conditions of concern when released to the existing public storm drain system. The proposed conditions will maintain the runoff entering the replaced curb inlet structures at POC 1 and POC 2. This project will maintain and slightly reduce the rate at which storm water will discharge from the site. The proposed offsite redirection of flows will not pose concern to existing storm drain systems. Basin 3 flows to the existing biofiltration basin constructed for the parking structure to the north. The existing basin has the capacity to accept the small amount of area being redirected into the basin conveyed via brow ditch. Basin 4 encompasses the small area which is redirected from the proposed parking structure frontage and into The Crossings Drive. This existing area ultimately drains to the same storm drain network as it will in the proposed conditions, therefore will not create an impact to the existing storm drain network on The Crossings Drive. (Drainage Study) According to the LEGOLAND Regional Water Quality and Hydromodification BMP report (SDP 15-26/CDP15-50, dated 6/30/18) the regional water quality and hydromodification facility adjacent to Palomar Airport Road can treat up to 45.766 acres of additional equivalent area for water quality purposes and up to 72.771 acres of additional equivalent area for hydromodification purposes. After inclusion of LEGOLAND 2020 in 2/21/19, the remaining equivalent area for water quality is 44.63 acres and the remaining equivalent area for hydromodification is 71.635 acres. The Legoland Parking Structure #2 will be constructed within the DMA of the Regional Biofiltration Basin. The equivalent area of the LEGOLAND Parking Structure #2is 2.24 acres. The remaining equivalent area for water quality will reduce to 42.39 acres and the remaining equivalent area for hydromodification is 69.395 acres. The State Water Resources Control Board is responsible for implementing the Clean Water Act and has issued a statewide General Permit for construction, which acts to minimize pollutant runoff to surface waters and groundwater. The Regional Water Quality Control Board is the regional entity facilitating regional implementation and has issued a Municipal Stormwater National Pollutant Discharge Elimination System (NPDES) permit to San Diego County and its 18 cities. The NPDES permit applies to development projects and establishes runoff requirements. The city’s coverage under the NPdES requires compliance with the Clean Water Program to protect water quality, which includes implementing best management practices (BMP) to control runoff pollutants and guidance on Low Impact Development (LID) to management stormwater on site. Further, these requirements for stormwater control under the NPDES permit are integrated into the Municipal Code. The Project applicant has provided a Stormwater Management Plan Sept 20, 2023 Item #3 Page 56 of 114 15168 Exemption Checklist Legoland Parking Structure SDP 2021-0028/CDP 2021-0066 (DEV2021-0256) - 27 - 9/6/2023 (SWMP) which demonstrates that the Project would comply with all requirements, required to implement site design measures, source control BMPs, and/or treatment control BMPs to reduce potential pollutants to the maximum extent practicable. These measures will enable the Project to meet waste discharge requirements as required. The Project is consistent with the overall planned density and building intensity, geographic area analyzed for environmental impacts, and covered infrastructure, as described in the Program EIR. Therefore, the Project will not result in a new significant impact or substantially increase the severity of a previously identified significant impact relative to the Program EIR. Further environmental review is not required because there are no substantial changes proposed in the Project (as envisioned by the Program EIR) or circumstances that will require major revisions of the prior CEQA document due to the involvement of new significant effects or a substantial increase in the severity of previously identified significant effects. There is no new information, which was not known and could not have been known with the exercise of reasonable diligence at the time the prior environmental document was certified/adopted Conclusion The Program EIR evaluated all land development anticipated through the application of policies, regulations, and as logical parts of a long-term plan. Pursuant to CEQA Guidelines Sections 15162 and 15168, the request to construct a parking structure is within the scope of the previously-certified Program EIR, and there would be no additional impacts to hydrology and water quality beyond those analyzed in the Program EIR. Sept 20, 2023 Item #3 Page 57 of 114 15168 Exemption Checklist Legoland Parking Structure SDP 2021-0028/CDP 2021-0066 (DEV2021-0256) - 28 - 9/6/2023 Significant Project Impact Substantial Increase in Severity Substantial Change Relative to Program Equal or Less Severity of Impact 11. Land Use and Planning – Would the Project: a) Physically divide an established community? b) Cause a significant environmental impact due to a conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect? Discussion The Project applicant is requesting a Site Development Plan and Coastal Development Permit for the construction of an 1,174-space, four-story parking structure consisting of 387,338 square feet. The Program EIR evaluated potential impacts to land use and determined the following: • There is not a compatibility issue with the proposed land uses as applied by the Carlsbad Ranch Specific Plan internally or with adjacent land uses • Implementation of the Specific Plan Amendment required a General Plan Amendment to change the land uses to the existing land uses. The land use amendments were generally consistent with the prior land uses on the project site. • The Open Space area was greater or equal to the area depicted on the official Open Space and Conservation Map • The project was consistent with the Local Coastal Plan Amendment (Mello II and Agua Hedionda Segments). Subsequent changes were required for the project through the Coastal Commission and the Specific Plan Amendments were approved by the Coastal Commission on July 13, 2016. • The Specific Plan is consistent with the McClellan-Palomar Airport Influence Area and Plan. There is a mitigation measure (Mitigation Measure 1 (LUP)), that all future development shall be reviewed for consistency with the specific plan, including related discretionary actions. The proposed Project to construct a parking structure is consistent with the Specific Plan, and the application for a Site Development Plan and Coastal Development permit are the required permits consistent with the structure established by the Specific Plan. With this mitigation measure, it was determined there was no significant impact to any land use document or required findings. Further environmental review is not required because there are no substantial changes proposed in the Project (as envisioned by the Program EIR) or circumstances that will require major revisions of the prior CEQA document due to the involvement of new significant effects or a substantial increase in the severity of previously identified significant effects. There is no new information, which was not known and could not have been known with the exercise of reasonable diligence at the time the prior environmental document was certified/adopted. Any additional subsequent implementation of the Specific Plan will require continued application of this mitigation measure. Sept 20, 2023 Item #3 Page 58 of 114 15168 Exemption Checklist Legoland Parking Structure SDP 2021-0028/CDP 2021-0066 (DEV2021-0256) - 29 - 9/6/2023 Conclusion The Program EIR evaluated all land development anticipated through the application of policies, regulations, and as logical parts of a long-term plan. Pursuant to CEQA Guidelines Sections 15162 and 15168, the request to construct a parking structure is within the scope of the previously-certified Program EIR, and there would be no additional impacts to land use and housing beyond those analyzed in the Program EIR. Sept 20, 2023 Item #3 Page 59 of 114 15168 Exemption Checklist Legoland Parking Structure SDP 2021-0028/CDP 2021-0066 (DEV2021-0256) - 30 - 9/6/2023 Significant Project Impact Substantial Increase in Severity Substantial Change Relative to Program Equal or Less Severity of Impact 12. Mineral Resources – Would the Project: a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? b) Result in the loss of availability of a locally-important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? Discussion The Project applicant is requesting a Site Development Plan and Coastal Development Permit for the construction of an 1,174-space, four-story parking structure consisting of 387,338 square feet. The proposed project is entirely within existing surface parking area and grading impacts are limited. The Project is consistent with the overall planned density and building intensity, geographic area analyzed for environmental impacts, and covered infrastructure, as described in the Program EIR. Therefore, the Project will not result in a new significant impact or substantially increase the severity of a previously identified significant impact relative to the Program EIR. Further environmental review is not required because there are no substantial changes proposed in the Project (as envisioned by the Program EIR) or circumstances that will require major revisions of the prior CEQA document due to the involvement of new significant effects or a substantial increase in the severity of previously identified significant effects. There is no new information, which was not known and could not have been known with the exercise of reasonable diligence at the time the prior environmental document was certified/adopted. Conclusion As discussed above, the Project would not result in any significant impacts to mineral resources; therefore, the Project would not result in an impact which was not adequately evaluated by the Program EIR. The Program EIR evaluated all land development anticipated through the application of policies, regulations, and as logical parts of a long-term plan. Pursuant to CEQA Guidelines Sections 15162 and 15168, the request to construct a parking structure is within the scope of the previously-certified Program EIR. Sept 20, 2023 Item #3 Page 60 of 114 15168 Exemption Checklist Legoland Parking Structure SDP 2021-0028/CDP 2021-0066 (DEV2021-0256) - 31 - 9/6/2023 Significant Project Impact Substantial Increase in Severity Substantial Change Relative to Program Equal or Less Severity of Impact 13. Noise – Would the Project: a) Generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b) Generation of excessive ground borne vibration or ground borne noise levels? c) For a project located within the vicinity of a private airstrip or an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? Discussion The Project applicant is requesting a Site Development Plan and Coastal Development Permit for the construction of an 1,174-space, four-story parking structure consisting of 387,338 square feet. The Program EIR evaluated potential impacts to noise and determined the following: • Construction noise from short term equipment and vehicles is considered less than significant because no substantial noise-sensitive uses are within or adjacent to the specific plan area • Longer term traffic, operation noise was studied and no impacts or inconsistencies with the city’s General Plan was identified. • Airport noise operations at McClellan-Palomar Airport are within the area. The development of uses are consistent with what is allowed in the airport’s noise contours. Mitigation Measures 1 and 2 were provided with specific standards for hotel uses and for a deed restriction notification for the project. Mitigation Measure 1 (NOI) does not apply to the proposed project and measure 2 (NOI) has been completed. • Cumulative noise impacts were considered less than significant since existing regulations and requirements of the City of Carlsbad, other public agencies, and the state designed to reduce noise impacts will be applied to development on a project-by- project basis. The Project is consistent with the overall planned density and building intensity, geographic area analyzed for environmental impacts, and covered infrastructure, as described in the Program EIR. Therefore, the Project will not result in a new significant impact or substantially increase the severity of a previously identified significant impact relative to the Program EIR. Sept 20, 2023 Item #3 Page 61 of 114 15168 Exemption Checklist Legoland Parking Structure SDP 2021-0028/CDP 2021-0066 (DEV2021-0256) - 32 - 9/6/2023 Noise impacts from the project would consist of those temporarily generated during construction- related activities. Construction would comply with the City of Carlsbad’s Noise Ordinance which limits construction to Monday-Friday from 7:00 A.M. to 6:00 P.M. and on Saturdays from 8:00 A.M. to 6:00 P.M. No construction would be allowed on Sundays or on any holidays. Due to complying with these ordinances, noise level increase from construction would not cause excessive exposure to persons outside of the limits of the Noise Ordinance. The proposed project is within the 60 dB CNEL noise contours based on the 2010 Airport Land Use Compatibility Plan. This is a consistent with the Program EIR, and a reduction from the estimate based upon the 2004 noise contour of 65 dB CNEL Operational noise levels associated with the Project would not increase as traffic noise is anticipated to remain at the same level as existing levels. The traffic noise levels without the proposed Project would be considered the ambient. The traffic noise levels with the proposed project is predicted to be the same as without the proposed Project. Therefore, construction and operational noise would be less than significant. Further environmental review is not required because there are no substantial changes proposed in the Project (as envisioned by the Program EIR) or circumstances that will require major revisions of the prior CEQA document due to the involvement of new significant effects or a substantial increase in the severity of previously identified significant effects. There is no new information, which was not known and could not have been known with the exercise of reasonable diligence at the time the prior environmental document was certified/adopted. Conclusion The Program EIR evaluated all land development anticipated through the application of policies, regulations, and as logical parts of a long-term plan. Pursuant to CEQA Guidelines Sections 15162 and 15168, the request to construct a parking structure is within the scope of the previously-certified Program EIR, and there would be no additional impacts to noise beyond those analyzed in the Program EIR. Sept 20, 2023 Item #3 Page 62 of 114 15168 Exemption Checklist Legoland Parking Structure SDP 2021-0028/CDP 2021-0066 (DEV2021-0256) - 33 - 9/6/2023 Significant Project Impact Substantial Increase in Severity Substantial Change Relative to Program Equal or Less Severity of Impact 14. Population and Housing – Would the Project: a) Induce substantial unplanned population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing people or housing, necessitating the construction of replacement housing elsewhere? Discussion The Project applicant is requesting a Site Development Plan and Coastal Development Permit for the construction of an 1,174-space, four-story parking structure consisting of 387,338 square feet. The Program EIR did not identify any impacts to Population and Housing. The Project would increase the number of parking spaces available in the Legoland California theme park to accommodate additional parking. The proposed parking structure (Parking Structure #2) is proposed in an area that already accommodates 327 surface parking spaces, with no electric vehicle charging spaces and no bicycle parking facilities. The proposed Project would construct 1,174-structure-parking spaces, including 59 electric vehicle spaces, 59 future electric vehicle spaces, and long-term bicycle parking for 61 bicycles. The proposed Project would incorporate the parking structure into the existing parking area configuration and would incorporate pedestrian access points from the parking structure to the theme park. Although a portion of the existing surface parking lot near the northwest corner of Palomar Airport Road and The Crossings Drive would be closed during construction, it would be temporary and the surrounding parking areas would remain and they would interrelate with each other as they do currently. The Project to construct a parking structure is within a planning area where residential uses are not allowed and is not displacing any uses. The parking structure would provide an alternate parking option for vehicles already coming to the area for the Legoland California Resort theme park. Therefore, the proposed Project accommodates the need for additional parking in a built-out area and the Project does not propose improvements that would result in population growth either directly or indirectly. The project would not result in any changes to the existing employment and housing conditions. Further environmental review is not required because there are no substantial changes proposed in the Project (as envisioned by the Program EIR) or circumstances that will require major revisions of the prior CEQA document due to the involvement of new significant effects or a substantial increase in the severity of previously identified significant effects. There is no new information, which was not known and could not have been known with the exercise of reasonable diligence at the time the prior environmental document was certified/adopted. Conclusion Sept 20, 2023 Item #3 Page 63 of 114 15168 Exemption Checklist Legoland Parking Structure SDP 2021-0028/CDP 2021-0066 (DEV2021-0256) - 34 - 9/6/2023 As discussed above, the Project would not result in any significant impacts to population and housing; therefore, the Project would not result in an impact which was not adequately evaluated by the Program EIR. The Program EIR evaluated all land development anticipated through the application of policies, regulations, and as logical parts of a long-term plan. Pursuant to CEQA Guidelines Sections 15162 and 15168, the request to construct a parking structure is within the scope of the previously-certified Program EIR. Sept 20, 2023 Item #3 Page 64 of 114 15168 Exemption Checklist Legoland Parking Structure SDP 2021-0028/CDP 2021-0066 (DEV2021-0256) - 35 - 9/6/2023 Significant Project Impact Substantial Increase in Severity Substantial Change Relative to Program Equal or Less Severity of Impact 15. Public Services – Would the Project: a) Result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? Police protection? Schools? Parks? Other public facilities? Discussion The Carlsbad Ranch Specific Plan is located within Carlsbad’s Local Facilities Management Zones 5 and 13. This project is entirely within Zone 13. The Program EIR summarized impacts to fire protection services, police protection services, sewer and wastewater services, schools, water supply, and water demand in section 5.9. Solid waste was also studied under section 5.10. The Program EIR evaluated potential impacts to public facilities and determined the following: • Impacts to fire protection, wastewater, and schools were less than significant with existing regulatory framework. • Police protection services was less than significant with Mitigation Measure 1 (PS) that developers will submit security plans for review and approval by the Carlsbad Police Department prior to Site Development Plan approval. This mitigation measure applies to this and all subsequent projects. • Impacts to water supply are potentially significant. Mitigation Measures 1 and 2 (PS) are required to utilize reclaimed water to the extent feasible and dual plumbing required for all buildings to the extent feasible. The Carlsbad Fire Department (CFD) provides fire protection, fire suppression, paramedic ambulance service, search and rescue, fire prevention inspections/permits, public fire education programs, emergency preparedness planning, and other services based on community needs. During the construction of the Project, emergency access would be maintained, in accordance with the construction logistics plan. Furthermore, site plans would be subject to review by the Building Division and the CFD to ensure adequate emergency access to the site. The proposed parking structure would comply with regulations of the California Fire Code, which establishes requirements pertaining to fire protection systems, including the provision of state mandated alarms, fire alarms and sprinkler systems, fire extinguishers, appropriate building access and emergency response notification systems. Sept 20, 2023 Item #3 Page 65 of 114 15168 Exemption Checklist Legoland Parking Structure SDP 2021-0028/CDP 2021-0066 (DEV2021-0256) - 36 - 9/6/2023 The parking structure use would not significantly affect the capability of the police department to provide police protection to the project site and would not significantly impact the performance standards. The project would not affect any existing or planned public recreation facilities, schools, or other public facilities. The construction of the parking structure would not increase the demand for facilities, and would not require the expansion of existing facilities or construction of new facilities. Further environmental review is not required because there are no substantial changes proposed in the Project (as envisioned by the Program EIR) or circumstances that will require major revisions of the prior CEQA document due to the involvement of new significant effects or a substantial increase in the severity of previously identified significant effects. There is no new information, which was not known and could not have been known with the exercise of reasonable diligence at the time the prior environmental document was certified/adopted. Conclusion As discussed above, the Project would not result in any significant impacts to public services; therefore, the Project would not result in an impact which was not adequately evaluated by the Program EIR. The Program EIR evaluated all land development anticipated through the application of policies, regulations, and as logical parts of a long-term plan. Pursuant to CEQA Guidelines Sections 15162 and 15168, the request to construct a parking structure is within the scope of the previously-certified Program EIR. Sept 20, 2023 Item #3 Page 66 of 114 15168 Exemption Checklist Legoland Parking Structure SDP 2021-0028/CDP 2021-0066 (DEV2021-0256) - 37 - 9/6/2023 Significant Project Impact Substantial Increase in Severity Substantial Change Relative to Program Equal or Less Severity of Impact 16. Recreation – Would the Project: a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? Discussion The Project applicant is requesting a Site Development Plan and Coastal Development Permit for the construction of an 1,174-space, four-story parking structure consisting of 387,338 square feet. The increase in demand for parks and recreational facilities associated with population growth and development was considered in the Program. The Carlsbad Ranch Specific Plan provides for a large mix of uses but does not provide for residential uses. The Project is consistent with the projected build out analyzed in the Program EIR, which did not identify a significant impact to recreational facilities. The proposed Project to convert surface parking into a parking structure will have no impact on park facilities and provide additional access for visitors to the Legoland theme park. Further environmental review is not required because there are no substantial changes proposed in the Project (as envisioned by the Program EIR) or circumstances that will require major revisions of the prior CEQA document due to the involvement of new significant effects or a substantial increase in the severity of previously identified significant effects. There is no new information, which was not known and could not have been known with the exercise of reasonable diligence at the time the prior environmental document was certified/adopted. Conclusion As discussed above, the Project would not result in any significant impacts to recreation; therefore, the Project would not result in an impact which was not adequately evaluated by the Program EIR. The Program EIR evaluated all land development anticipated through the application of policies, regulations, and as logical parts of a long-term plan. Pursuant to CEQA Guidelines Sections 15162 and 15168, the request to construct a parking structure is within the scope of the previously-certified Program EIR. Sept 20, 2023 Item #3 Page 67 of 114 15168 Exemption Checklist Legoland Parking Structure SDP 2021-0028/CDP 2021-0066 (DEV2021-0256) - 38 - 9/6/2023 Significant Project Impact Substantial Increase in Severity Substantial Change Relative to Program Equal or Less Severity of Impact 17. Transportation – Would the Project: a) Conflict with a program, plan, ordinance or policy addressing the circulation system, including transit, roadway, bicycle and pedestrian facilities? b) Conflict or be inconsistent with CEQA Guidelines § 15064.3, subdivision (b)? c) Substantially increase hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? d) Result in inadequate emergency access? Discussion The Project applicant is requesting a Site Development Plan and Coastal Development Permit for the construction of an 1,174-space, four-story parking structure consisting of 387,338 square feet. Level of service (LOS) has historically been used as a standard measure of traffic service. Pursuant to SB 743, as of July 1, 2020, lead agencies are required to evaluate transportation impacts of a project using a Vehicle Miles Traveled (VMT) metric as a part of the CEQA analysis, which focuses on balancing the needs of congestion management with statewide goals related to infill development, promotion of public health through increased active transportation facilitated by closer proximity to alternative travel modes and reduces greenhouse gas emissions. In December 2018, the California Governor’s Office of Planning and Research (OPR) published the Technical Advisory on Evaluating Transportation Impacts in CEQA, which provides recommendations for evaluating a project’s transportation impact using a VMT metric, thresholds of significance, and mitigation measures. Pursuant to Government Code § 15064.3(b), lead agencies have discretion to select the most appropriate methodology for evaluating a project’s VMT impacts. The City of Carlsbad adopted VMT thresholds and has published guidelines, which were last amended on October 3, 2022. The VMT thresholds are applied to new land use development projects that are subject to further environmental analysis. The proposed parking structure does not result in any new traffic-generating on-site uses and not any generation of new project trips. The program EIR studied the traffic of the Carlsbad Ranch Specific Plan. Intersections and street segments were evaluated with the new traffic area. The following assumptions were used - Trip generation for Legoland Carlsbad was expected to generate approximately 6,630 daily trips in the year 1999 Sept 20, 2023 Item #3 Page 68 of 114 15168 Exemption Checklist Legoland Parking Structure SDP 2021-0028/CDP 2021-0066 (DEV2021-0256) - 39 - 9/6/2023 - Morning peak trips would be between 11 a.m. and 12 noon - The park’s evening hour trips would occur between 5 p.m. and 6 p.m. concurrently with evening peak hour trips - At buildout, 8,180 daily trips are anticipated to occur at buildout in on an August Friday The program EIR included two mitigation measures for the project Mitigation Measure 1 (Transportation) lists and requires specific projects and phasing to reduce conditions under buildout to less than significant. Mitigation Measure 2 (TRA) requires preparation of a Congestion Management Plan to identify funding and implementation assistance for freeway congestion. Transportation Demand Management measures are required and included in the assumptions that after mitigation all cross sections and intersections are adequate to handle buildout traffic. The Project is consistent with the overall planned density and building intensity, geographic area analyzed for environmental impacts, and covered infrastructure, as described in the Program EIR. Therefore, the Project will not result in a new significant impact or substantially increase the severity of a previously identified significant impact relative to the Program EIR. The Project would increase the number of parking spaces available in the Legoland California theme park to accommodate additional parking. The proposed parking structure (Parking Structure #2) is proposed in an area that already accommodates 327 surface parking spaces, with no electric vehicle charging spaces and no bicycle parking facilities. The proposed Project would construct 1,174-structure-parking spaces, including 59 electric vehicle spaces, 59 future electric vehicle spaces, and long-term bicycle parking for 61 bicycles. The proposed Project would incorporate the parking structure into the existing parking area configuration and would incorporate pedestrian access points from the parking structure to the theme park. The addition of parking does not generate trips or additional miles traveled. The nearby Legoland California Resort theme park uses generate trips. The new parking structure is anticipated to provide an alternate parking option to those currently parking in other areas of the theme park. The parking structure could reduce extraneous vehicle travel by eliminating the need for additional travel time to search for a parking space. During the operation of the parking structure, several measures would be implemented to optimize the operation of the parking structure. The proposed parking structures would include parking and wayfinding signage and guidance systems. The Project would not introduce physical features that would introduce safety hazard for vehicle, pedestrians, bicyclists or transit users. The design of the parking structure would comply with the Carlsbad Building Code, the California Building Code and any federal, state and local regulations. The proposed Project design includes sufficient space for vehicles turning around the corners as they enter or exit the parking structure. The site plan also shows turning radius analysis for delivery and garbage trucks. The analysis concludes that the trucks would have sufficient space to operate in the lane as they are currently doing and thus, it would not create hazards. Further environmental review is not required because there are no substantial changes proposed in the Project (as envisioned by the Program EIR) or circumstances that will require major revisions of the prior CEQA document due to the involvement of new significant effects or a substantial increase in the severity of previously identified significant effects. There is no new information, which was not known and could not have been known with the exercise of reasonable diligence at the time the prior environmental document was certified/adopted. Conclusion Sept 20, 2023 Item #3 Page 69 of 114 15168 Exemption Checklist Legoland Parking Structure SDP 2021-0028/CDP 2021-0066 (DEV2021-0256) - 40 - 9/6/2023 The Program EIR evaluated all land development anticipated through the application of policies, regulations, and as logical parts of a long-term plan. Pursuant to CEQA Guidelines Sections 15162 and 15168, the request to construct a parking structure is within the scope of the previously-certified Program EIR, and there would be no additional impacts to transportation beyond those analyzed in the Program EIR. Sept 20, 2023 Item #3 Page 70 of 114 15168 Exemption Checklist Legoland Parking Structure SDP 2021-0028/CDP 2021-0066 (DEV2021-0256) - 41 - 9/6/2023 Significant Project Impact Substantial Increase in Severity Substantial Change Relative to Program Equal or Less Severity of Impact 18. Tribal Resources – Would the Project cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code § 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is: a) Listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code § 5020.1(k), or b) A resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1. In applying the criteria set forth in subdivision (c) of Public Resources Code Section 5024.1, the lead agency shall consider the significance of the resource to a California Native American tribe? Discussion The Program EIR evaluated potential impacts to under the Archaeology and Paleontological Resources (Section 5.3). The Project is consistent with the overall planned density and building intensity, geographic area analyzed for environmental impacts, and covered infrastructure, as described in the Program EIR. Therefore, the Project will not result in a new significant impact or substantially increase the severity of a previously identified significant impact relative to the Program EIR. The proposed project has limited grading and is impacting existing surface parking lot. Mitigation Measure 4 (TRI) will be implemented as required by the Program EIR. An archaeologist and a paleontologist will be retained prior to any grading activities. This satisfies the mitigation measure in EIR 94-01. Additionally, a pre- excavation agreement with Luiseno tribe will be completed prior to any grading activities on site to ensure proper handling of any culturally sensitive items and or remains if found during grading activities. Further environmental review is not required because there are no substantial changes proposed in the Project (as envisioned by the Program EIR) or circumstances that will require major revisions of the prior CEQA document due to the involvement of new significant effects or a substantial increase in the severity of previously identified significant effects. There is no new Sept 20, 2023 Item #3 Page 71 of 114 15168 Exemption Checklist Legoland Parking Structure SDP 2021-0028/CDP 2021-0066 (DEV2021-0256) - 42 - 9/6/2023 information, which was not known and could not have been known with the exercise of reasonable diligence at the time the prior environmental document was certified/adopted. Conclusion As discussed above, the Project would not result in any significant impacts to greenhouse gas; therefore, the Project would not result in an impact which was not adequately evaluated by the Program EIR. The Program EIR evaluated all land development anticipated through the application of policies, regulations, and as logical parts of a long-term plan. Pursuant to CEQA Guidelines Sections 15162 and 15168, the request to construct a parking structure is within the scope of the previously-certified Program EIR. Sept 20, 2023 Item #3 Page 72 of 114 15168 Exemption Checklist Legoland Parking Structure SDP 2021-0028/CDP 2021-0066 (DEV2021-0256) - 43 - 9/6/2023 Significant Project Impact Substantial Increase in Severity Substantial Change Relative to Program Equal or Less Severity of Impact 19. Utilities and Service Systems – Would the Project: a) Require or result in the relocation or construction of new or expanded water, wastewater treatment or storm water drainage, electric power, natural gas, or telecommunications facilities, the construction or relocation of which could cause significant environmental effects? b) Have sufficient water supplies available to serve the project and reasonably foreseeable future development during normal, dry and multiple dry years? c) Result in a determination by the waste water treatment provider, which serves or may serve the project that it has adequate capacity to serve the project’s projected demand in addition to the provider’s existing commitments? Discussion The Program EIR summarized impacts to sewer and wastewater services, water supply, and water demand in section 5.9. Overall, the Program EIR found that the infrastructure and supplies were adequate for the proposed project. Mitigation Measures 1 and 2 (USS) will apply to require use of reclaimed water and dual plumbing for projects as feasible. The Project is consistent with the overall planned density and building intensity, geographic area analyzed for environmental impacts, and covered infrastructure, as described in the Program EIR. Therefore, the Project will not result in a new significant impact or substantially increase the severity of a previously identified significant impact relative to the Program EIR. Development projects are required by NPDES to manage stormwater (rainwater) runoff to protect local waterways during and after construction. NPDES requirements are implemented through the city’s development review process and Storm Water Quality Management Plans (SWQMP) to avoid or address the development impacts to runoff to downstream properties. Projects that include uncovered parking lots that create and/or replace 5,000 square feet or more of impervious surface on the project site and that are located in the watershed must comply with the stormwater requirements. Since the proposed building would replace more than 5,000 square feet of impervious surface on the site and the site is located in the watershed, it would need to comply with the City’s storm water requirements. The proposed Project would follow the appropriate storm water guide. The proposed project would include several measures to limit the quantity of stormwater to be discharged into the drainage facilities. Furthermore, area drains and building connections would collect rainwater to convey into bioretention planters for treatment. The treated water will then be conveyed to the nearest storm drain main. The proposed Project would not generate an increase in storm water. Therefore, the proposed Project would not require or result Sept 20, 2023 Item #3 Page 73 of 114 15168 Exemption Checklist Legoland Parking Structure SDP 2021-0028/CDP 2021-0066 (DEV2021-0256) - 44 - 9/6/2023 in the construction of new stormwater drainage facilities or expansion of existing facilities, nor would it cause substantial physical deterioration of the storm water drainage facility or require construction of new or expanded storm water facilities due to increase use as a result of the Project. Further environmental review is not required because there are no substantial changes proposed in the Project (as envisioned by the Program EIR) or circumstances that will require major revisions of the prior CEQA document due to the involvement of new significant effects or a substantial increase in the severity of previously identified significant effects. There is no new information, which was not known and could not have been known with the exercise of reasonable diligence at the time the prior environmental document was certified/adopted. Conclusion As discussed above, the Project would not result in any significant impacts to utility services; therefore, the Project would not result in an impact which was not adequately evaluated by the Program EIR. The Program EIR evaluated all land development anticipated through the application of policies, regulations, and as logical parts of a long-term plan. Pursuant to CEQA Guidelines Sections 15162 and 15168, the request to construct a parking structure is within the scope of the previously-certified Program EIR. Sept 20, 2023 Item #3 Page 74 of 114 15168 Exemption Checklist Legoland Parking Structure SDP 2021-0028/CDP 2021-0066 (DEV2021-0256) - 45 - 9/6/2023 Significant Project Impact Substantial Increase in Severity Substantial Change Relative to Program Equal or Less Severity of Impact 20. Wildfire If located in or near state responsibility areas or lands classified as very high fire hazard severity zone – Would the Project: a) Substantially impair an adopted emergency response plan or emergency evacuation plan? b) Due to slope, prevailing winds, and other factors, exacerbate wildfire risks, and thereby expose project occupants to pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire? c) Require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency water sources, power lines or other utilities) that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment? d) Expose people or structures to significant risks, including downslope or downstream flooding or landslides, as a result of runoff, post-fire slope instability, or drainage changes? Discussion The Project applicant is requesting a Site Development Plan and Coastal Development Permit for the construction of an 1,174-space, four-story parking structure consisting of 387,338square feet. The Project is consistent with the overall planned density and building intensity, geographic area analyzed for environmental impacts, and covered infrastructure, as described in the Program EIR. Therefore, the Project will not result in a new significant impact or substantially increase the severity of a previously identified significant impact relative to the Program EIR. The Project was determined to not have an impact on Fire Department Services (refer to the Public Facility Section of this Checklist). The Project’s circulation plan has been reviewed by and meets all requirements of the CFD and Public Works Department. Site circulation was determined to be adequate, including sufficient drive aisle widths to allow for fire truck access to the proposed Project. Therefore, emergency vehicle access would be adequate under the proposed Project and there would be no new or more severe impacts related to emergency access as a result of project implementation relative to the Program EIR. Therefore, the Project will not result in a new significant impact or substantially increase the severity of a previously identified significant impact relative to the Program EIR. Additionally, the proposed structure is entirely within existing surface parking area and is not within Very High Fire Hazard Area. All of the area surrounding the Project is urban/disturbed vegetation and improved as the Legoland California Resort theme park. Sept 20, 2023 Item #3 Page 75 of 114 15168 Exemption Checklist Legoland Parking Structure SDP 2021-0028/CDP 2021-0066 (DEV2021-0256) - 46 - 9/6/2023 Further environmental review is not required because there are no substantial changes proposed in the Project (as envisioned by the Program EIR) or circumstances that will require major revisions of the prior CEQA document due to the involvement of new significant effects or a substantial increase in the severity of previously identified significant effects. There is no new information, which was not known and could not have been known with the exercise of reasonable diligence at the time the prior environmental document was certified/adopted. Conclusion As discussed above, the Project would not result in any significant impacts to wildfire services; therefore, the Project would not result in an impact which was not adequately evaluated by the Program EIR. The Program EIR evaluated all land development anticipated through the application of policies, regulations, and as logical parts of a long-term plan. Pursuant to CEQA Guidelines Sections 15162 and 15168, the request to construct a parking structure is within the scope of the previously-certified Program EIR. Sept 20, 2023 Item #3 Page 76 of 114 15168 Exemption Checklist Legoland Parking Structure SDP 2021-0028/CDP 2021-0066 (DEV2021-0256) - 47 - 9/6/2023 5. CEQA Project Environmental Conditions of Approval The Project would not result in any new or more severe impacts relative to what was identified the Program EIR. The Project is subject to environmental conditions of approval pursuant to mitigation identified in the Program EIR as follows in this section. The environmental conditions of approval shall not relieve a person from the responsibility of complying with all other applicable regulations of any other local, state, or federal agencies. No part of what follows should be deemed or construed to repeal, amend, modify, alter, or change any other applicable ordinance or any part thereof; and that in all particulars wherein these conditions are not more restrictive, each such other ordinance shall continue and shall be in full force and effect. Any existing reference to an ordinance, title, chapter, article, or section heading which is renumbered or relabeled since Program EIR certification must be construed to apply to the corresponding provisions contained within these conditions. Sept 20, 2023 Item #3 Page 77 of 114 15168 Exemption Checklist Legoland Parking Structure SDP 2021-0028/CDP 2021-0066 (DEV2021-0256) - 48 - 9/6/2023 APPENDIX B – COMPLETE MITIGATION MEASURES (EIR-94-01) The following is the full list of mitigation measures established by EIR-94-01 for the adoption of the Carlsbad Ranch Specific Plan. These mitigation measures are located in Table 2-1: Environmental Impacts and Mitigation Measures of EIR 94-01. I. Significant Environmental Impacts That Can Be Avoided or Mitigated (Section 15126(c) of the State CEQA Guidelines) 1. Air Quality (AQ) Potential Environmental Impact Air pollution emissions will increase as a result of increased traffic, construction activity, and gas and electric use (which requires the combustion of fossil fuels) Mitigation Measures AQ1. Individual development projects within the specific plan area shall be required to implement the following mitigation measures, as determined feasible on a project-by-project basis by the City. These measures include: • Provide preferential parking spaces for carpools and van pools and provide 72” minimum vertical clearance in parking facilities for van access unless surface parking is provided for vans. • Implement on-site circulation plan in parking lots to reduce vehicle queuing (stacking up). • Provide shade trees to reduce building heating/cooling needs. • Use energy-efficient low-sodium parking lot lights. • Provide adequate ventilation systems for enclosed parking facilities. • Use light colored roof materials to reflect heat. • Synchronize traffic lights on streets impacted by development. • Schedule truck deliveries and pickups for off-peak hours. • Require on-site truck loading zones. • Require employers to provide commuter information areas. • Implement compressed work week schedules where weekly work hours are compressed into fewer than 5 days: -9/80 -4/40 -3/36 • Develop a trip reduction plan to achieve 1.5 AVR for businesses with less than 100 employees or multi-tenant worksites • Construct on-site or off-site bus turnouts, passenger benches, or shelters as deemed necessary by the North County Transit District. • Construct off-site pedestrian facility improvements such as overpasses and wider sidewalks. • Provide shuttles to major rail transit centers, multi-modal stations, and other local destinations for all uses within the specific plan. Contribute to regional transit systems (e.g., right-of-way, capital improvements, etc.). • Site Development Plan applications should contain the following: -Bicycle parking facilities, such as bicycle lockers. Sept 20, 2023 Item #3 Page 78 of 114 15168 Exemption Checklist Legoland Parking Structure SDP 2021-0028/CDP 2021-0066 (DEV2021-0256) - 49 - 9/6/2023 -Showers for bicycling employees' use. Impact After Mitigation No significant impacts as a result of construction activity are anticipated. Implementation of Mitigation Measure AQ1 will lessen long-term operation air quality impacts to a level less than significant. 2. Archaeological And Paleontological Resources (ARC) Potential Environmental Impact Implementation of the proposed project will result in impacts to archaeology sites CA-SDI-6132/W-1 19, and CA-SDI-8797, which have been identified as significant. The proposed project will result in grading in an area identified as having a high potential for yielding significant paleontological resources. The 1-5/Cannon Road interchange improvement portion of the project is located in an area that potentially contains paleontological resources. Mitigation Measures ARC1. Prior to issuance of a grading permit for the area north of Cannon Road, a data recovery program shall be completed for CA-SDI6132 for the portion impacted north of Cannon Road. The data recovery program shall be completed in compliance with the City of Carlsbad's "Cultural Resource Guidelines". ARC2. A portion of site CA-SDI-8797 within the Carlsbad Ranch was identified as significant/important under City of Carlsbad and CEQA criteria and- was recommended to be mitigated of impacts through avoidance (Gallegos and Kyle 1992). This site shall be placed within an open space easement and capped. Capping shall include placement of 1- 2" of sand followed by 12 to 24 inches of sterile fill, soil. Vegetation allowed within the fill soil should include grasses and other shallow rooted plants that will not penetrate the underlying prehistoric site. This area could also be used for a parking area, upon completion of capping. Placement of utility lines or other underground lines shall be placed outside this sensitive area. ARC3. Mitigation of impacts for that portion of CA-SDI-8797 within the additional survey area shall be achieved through avoidance or the completion of a City of Carlsbad approved data recovery program. If a data recovery program is conducted for this site, the program shall be completed in compliance with the City of Carlsbad's Cultural Resource Guidelines. ARC4. Prior to the issuance of a grading permit, the applicant shall provide written evidence that a certified archaeologist has been retained, shall be present at the pregrading conference, shall establish procedures for archaeological resource surveillance, and shall establish, in cooperation with the project proponent, procedures for temporarily halting or redirecting work to permit the sampling, identification, and evaluation of artifacts as appropriate, If additional or unexpected archaeological Sept 20, 2023 Item #3 Page 79 of 114 15168 Exemption Checklist Legoland Parking Structure SDP 2021-0028/CDP 2021-0066 (DEV2021-0256) - 50 - 9/6/2023 features are discovered, the archaeologist shall report such findings to the applicant and to the City. If the archaeological resources are found to be significant, the archaeological observer shall determine appropriate actions, in cooperation with the applicant for exploration and/or salvage. These actions, as well as final mitigation and disposition of the resources, shall be subject to the review of the City. ARC5. Prior to issuance of a mass-grading permit the developer shall present a letter to the City of Carlsbad indicating that a qualified paleontologist has been retained to carry out an appropriate mitigation program. (A qualified paleontologist is defined as an individual with a MS or Ph.D. in paleontology or geology who is familiar with paleontological procedures and techniques.) • A qualified paleontologist shall be present at the pre- construction meeting to consult with the grading and excavation contractors. • A paleontological monitor shall be on-site at all times during the original cutting of previously undisturbed sediments of the Santiago Formation to inspect cuts for contained fossils. Periodic inspections of cuts involving the Lindavista Formation is also recommended. In the event that fossils are discovered in the Lindavista Formation it may be necessary to increase the per/day in field monitoring time. Conversely, if fossils are not being found then the monitoring should be reduced. (A paleontological monitor is defined as an individual who has experience in the collection and salvage of fossil materials. The paleontological monitor shall work under the direction of a qualified paleontologist.) • When fossils are discovered, the paleontologist (or paleontological monitor) shall recover them. In most cases this fossil salvage can be completed in a short period of time. However, some fossil specimens (such as a complete large mammal skeleton) may require an extended salvage period. In these instances the paleontologist (or paleontological monitor) shall be allowed to temporarily direct, divert, or halt grading to allow recovery of fossil remains in a timely manner. Because of the potential for the recovering of small fossil remains, such as isolated mammal teeth, it may be necessary in certain instances to set up a screen-washing operation on the site. • Fossil remains collected during the monitoring and salvage portion of the mitigation program shall be cleaned, repaired, sorted, and cataloged. • Prepared fossils, along with copies of all pertinent field notes, photos, and maps, shall be deposited (as a donation) in a scientific institution with permanent paleontological collections such as the San Diego Natural Sept 20, 2023 Item #3 Page 80 of 114 15168 Exemption Checklist Legoland Parking Structure SDP 2021-0028/CDP 2021-0066 (DEV2021-0256) - 51 - 9/6/2023 History Museum. Donation of the fossils shall be accompanied by financial support for initial specimen storage. • A final summary report shall be completed that outlines the results of the mitigation program. This report shall include discussions of the methods used, stratigraphic sections(s) exposed, fossils collected, and significance of recovered fossils. ARC6. A certified paleontologist shall monitor all grading activity associated with the improvements to the 1-5/Cannon Road interchange. If buried cultural materials are unearthed during construction, work shall be halted in the vicinity of the find until a qualified paleontologist can assess its significance. If the testing demonstrates that a resource is significant, then a data recovery program will be necessary. Compliance with this measure shall be verified by Caltrans. Impact After Mitigation No impacts to archaeological resources are anticipated as a result of construction of the proposed I-5/Cannon Road interchange improvements. Implementations of Mitigation Measures 1 through 4 will reduce significant impacts to archaeological resources within the Carlsbad Ranch project site to a level less than significant. Implementation of Mitigation Measures 5 and 6 will reduce any potential impact to paleontological resources to a level of insignificance. 3. Biological Resources (BIO) Potential Environmental Impact The proposed project will result in impacts to 1.1 acres of Diegan coastal scrub and potential indirect impacts to sensitive resources immediately adjacent to the project site. Mitigation Measures Direct Impacts BIO1. Diegan coastal sage scrub impacts should be mitigated by creation or restoration at ratios of 2:1 and 1:1, respectively, within Preserve Planning Area 3 or the purchase or at a 1:1 ratio within the HCP area of Carlsbad. BIO2. To avoid direct impacts to the area proposed as natural open space and to the proposed open space deed restriction, the boundaries of these areas should be surveyed and fenced. The erection of fencing and its proper location should be verified by a biologist or planning department representative. After projection completion fencing may need to be established to prevent human intrusion into the areas. Indirect Impacts Sept 20, 2023 Item #3 Page 81 of 114 15168 Exemption Checklist Legoland Parking Structure SDP 2021-0028/CDP 2021-0066 (DEV2021-0256) - 52 - 9/6/2023 BIO3. It is anticipated that the gnatcatcher pair located immediately off- site to the east of the project will be taken during construction of the municipal golf course being proposed by the City of Carlsbad. As a result, no mitigation for construction noise impacts that may occur to this pair are proposed. If through final design of the City proposed golf course it is determined that this gnatcatcher pair is not taken, the following mitigation measure for noise impacts shall be implemented: During the gnatcatcher breeding season (February 15 through August 15), noise levels during the grading shall not exceed 65 decibels, averaged over a one-hour period on an A-weighted decibel (dBA), measured at the edge of Diegan coastal sage scrub habitat that is occupied by the costal California gnatcatcher. Grading could be initiated in areas adjacent to occupied gnatcatcher habitat prior to August 15 if the pair has successfully fledged young and the fledglings are at least three weeks out of the nest. Grading will be allowed adjacent to habitat occupied by unpaired individual birds after July 1. BIO4. Lighting should be selectively placed, shielded, and directed away from the areas listed above, in particular to avoid potential impacts to the coastal California gnatcatcher(s) east of the future LEGOLAND Carlsbad and any that may occur in the proposed open space. BIO5. During project construction and operation, measures should be implemented to control erosion, sedimentation, and pollution (fertilizers and pesticides from the proposed golf courses) that could impact the proposed natural open space or that could impact Agua Hedionda Lagoon. These measures could include berms, interceptor ditches, sandbags, filtered inlets, debris basins, and silt traps. BIO6. Landscaping adjacent to the open space shall include non-invasive plant species. Impact After Mitigation Implementation of Mitigation Measures 1 through 6 will reduce impacts to biological resources to a level of less than significant. No impacts to biological resources will result from implementation of the I- 5/Cannon Road interchange improvements. 4. Traffic/Circulation (TRA) Potential Environmental Impact The proposed project will result in an increase in traffic and congestion in the area which will reduce intersection level of service at various locations and time periods on roadways surrounding the project site. Mitigation Measures TRA1. The following mitigation measures shall be implemented to reduce significant impacts on two intersections under the Year 2000 conditions and seven intersections under Buildout conditions to a level of less than significant. Sept 20, 2023 Item #3 Page 82 of 114 15168 Exemption Checklist Legoland Parking Structure SDP 2021-0028/CDP 2021-0066 (DEV2021-0256) - 53 - 9/6/2023 The recommended street improvements and their phasing, based on ultimate buildout conditions are as follows: 1997 I-5 Northbound Ramps & Palomar Airport Road (CMP Location)- Restripe the westbound Palomar Airport Road approach for the following: two through lanes, one shared through/right-turn lane, and one exclusive right turn lane. 2000 I-5 Northbound Ramps & Cannon Road (CMP Location)- Restripe the westbound Cannon Road approach for the following: one through lane, one shared through/right-turn lane, and one exclusive right-turn lane. 2006: El Camino Real & Cannon Road (CMP Location)-Restripe the southbound El Camino Real approach for the following: one left-turn lane, two through lanes, one shared through/right-turn lane, and one exclusive right-turn lane. 2007 Avenida Encinas & Palomar Airport Road (CMP Location)- Restripe the northbound Avenida Encinas approach to provide the configuration: one exclusive left-turn lane, one through lane, and one right-turn lane (already done). 2008 El Camino Real & Palomar Airport Road (CMP Location)- Restripe the northbound El Camino Real approach for the following: one left-turn lane, two through lanes, one shared through/right-turn lane, and one exclusive right-turn lane (already done). 2008 I-5 Northbound Ramps & Cannon Road (CMP Location)- Restripe the westbound Cannon Road approach for the following: one through lane, one shared through/right-turn lane, and one exclusive right-turn lane. In addition, provide an additional eastbound Cannon Road left-turn lane. The resulting lane configuration on the eastbound approach would be two exclusive left-turn lanes and two through lanes. Buildout Paseo del Norte & Cannon Road (CMP Location)- The southbound approach (SDG&E driveway) should be constructed and striped as follows: one exclusive left-turn lane, one shared through/right-turn lane, and one exclusive right-turn lane. In addition, the eastbound Cannon Road approach would require an additional left-turn lane. The resulting lane configuration in the eastbound direction would be two exclusive left-turn lanes, one through lane, and one through/right-turn lane. Also, at a point east of the intersection, an additional westbound Cannon Road through lane would be required. At the intersection, this would result in the following lane configuration in the westbound direction: one exclusive left-turn lane, two through lanes, and a shared through/right-turn lane. Sept 20, 2023 Item #3 Page 83 of 114 15168 Exemption Checklist Legoland Parking Structure SDP 2021-0028/CDP 2021-0066 (DEV2021-0256) - 54 - 9/6/2023 Buildout Paseo del Norte & Palomar Airport Road- Restripe the northbound and southbound Paseo del Norte approaches to provide the following: two exclusive left-turn lanes, one shared through/right-turn lane, and one exclusive right-turn lane. If Cannon Road is not extended to El Camino Real by the Year 2000 the following improvements would be necessary: 1997 I-5 Northbound Ramps & Palomar Airport Road (CMP Location)- Restripe the westbound Palomar Airport Road approach for the following: two through lanes, one shared through/right-turn lane, and one exclusive right turn lane. 1997 College Boulevard & Palomar Airport Road (CMP Location)- Restripe the southbound College Boulevard approach for the following: one left-turn lane, one shared through/right-turn lane, and one exclusive right-turn lane. TRA2. In addition, the Congestion Management Plan (CMP) prepared for the project requires the development and implementation of a deficiency plan for freeway segments. The deficiency plan could include the following: • Assist in Funding Other Improvements- This option would involve providing funds which would be utilized in the construction of other improvements. Several funding mechanisms already exist in the City of Carlsbad and are listed in the Zone 13 Local Facilities Management Plan Finance Plan for impacted facilities. These include: - Traffic Impact Fees - Transnet Funds - Public Facilities Fees - Community Facility District Moneys - Private Developer Construction The Carlsbad Ranch development project is already conditioned on financial participation in four of the above five funding mechanisms. • Implement Transportation Demand Management (TDM) Measures- For applicable land uses within the development, implementation of a TDM program would be a way of reducing the peak hour trips and thus lessening the impacts on the affected facilities. These TDM measures could include but are not limited to: incentives for employees to carpool/vanpool; telecommuting and flextime; and providing a shuttle from the commuter rail station at Poinsettia Lane. Impact After Mitigation With the implementation of Mitigation Measures 1 and 2, all of the analyzed intersections and street segments are projected to operate at Sept 20, 2023 Item #3 Page 84 of 114 15168 Exemption Checklist Legoland Parking Structure SDP 2021-0028/CDP 2021-0066 (DEV2021-0256) - 55 - 9/6/2023 acceptable levels of service as shown in Table 5-16. The proposed street cross sections would be adequate to handle buildout traffic. At the impacted freeway segments, the above deficiency plan would reduce the projected impact the proposed project would have on these facilities. The use of TDM measures would mitigate the project’s negative effect along the impacted segment of SR-78, if a reduction of approximately 35 project related trips during the morning peak hour along the impacted segment (for the year 2000) were achieved. The 35 morning peak hour trips would represent approximately two percent of the project’s total morning peak hour trips. This level of reduction is well within the reductions that would be expected with an effective TDM program for the project. For buildout conditions, a reduction of approximately 125 peak hour trips would be needed to mitigate the projects impact. The 125 peak hour trips would represent between two percent (PM peak hour) and four percent (AM peak hour) of the project’s total buildout peak hour trips. Again, this two to four percent reduction in project trips would be realistic with a project TDM program. The project’s impact along I-5 segment could be reduced through the use of TDM. However, it would be unlikely that the project’s total impact along the segment could be totally mitigated through the use of TDM measures alone. The impacts of the project on I-5 could be mitigated through a combination of a TDM program within the project and a diversion of project and background trips to parallel facilities. The project’s financial participation in the development of these parallel facilities is expected to result in enough additional arterial street capacity being added to the system to offset the project’s incremental impact on Interstate 5. It should be noted that both the growth of project traffic and background traffic are responsible for I-5 exceeding the CMP criteria. Therefore, it should not be the sole responsibility of the Carlsbad Ranch Development to improve conditions on the regional facilities to acceptable levels. Rather, Carlsbad Ranch’s financial participation in the development of parallel arterial improvements will serve as the project’s share of the mitigation program. 5. Hazardous Waste/Pesticide Residue (HAZ) Potential Environmental Impact The project site has historically been utilized for agricultural production and could potentially contain soil contamination due to historical pesticide use, and surface stainage from above ground fuel tanks. The potential for low level lead contamination exists within the I-5 corridor. Mitigation Measures HAZ1. During grading, observations shall be made by a qualified hazardous materials specialist for areas of possible contamination such as the presence of underground facilities, buried debris, stained soils, Sept 20, 2023 Item #3 Page 85 of 114 15168 Exemption Checklist Legoland Parking Structure SDP 2021-0028/CDP 2021-0066 (DEV2021-0256) - 56 - 9/6/2023 waste drums, and tanks or odorous soils. Should such materials ne encountered, further investigation and analysis shall be required to identify the significance of the potentially contaminated area. Soil remediation measures to address any potentially contaminated areas shall be implemented based on the recommendations of the hazardous materials specialist. HAZ2. Randomly selected surface samples shall be collected after each phase of grading and chemically tested for pesticides to verify that toxaphene and DDT plus its derivatives are below the established TTLC and STLC action levels. HAZ3. During site development, soils contaminated with petroleum hydrocarbons shall be mitigated. Mitigation techniques shall include: • Place the affected soil beneath a proposed road/parking area as a base material; • Recycle the affected soil; or • Bio remediate the affected soil on site. HAZ4. A report documenting results of any future testing shall be prepared. This report shall indicate the measures taken to mitigate contamination, as appropriate. The report shall be submitted to the City of Carlsbad Engineering Department. Compliance with these measures shall be approved by the City of Carlsbad in conjunction with the review and approval by the San Diego County Department of Health Services and the Regional Water Quality Control Board as applicable. Impact After Mitigation Implementation of Mitigation Measures 1 through 4 will reduce impacts from hazardous waste/pesticide residue to a level less than significant. Implementation of the I-5/Cannon Road improvements portion of the proposed project will not result in a significant impact associated with hazardous materials or soil contamination. 6. Land Use Compatibility (LUC) Potential Environmental Impact The proposed project will result in the conversation of the project site to an intensive urban use which may result in land use compatibility impacts, and will require amendments to the general plan, local coastal plan, existing specific plan, and local facilities management plan. Mitigation Measures LUC1. Any future site development permit associated with the specific plan or 21.16 acre SDG&E parcel (golf course) shall be reviewed for consistency with the specific plan and related discretionary actions including the general plan and local coastal plan amendment, zone change, local facilities management plan amendment, and hillside development permit. The Planning Department shall make a Sept 20, 2023 Item #3 Page 86 of 114 15168 Exemption Checklist Legoland Parking Structure SDP 2021-0028/CDP 2021-0066 (DEV2021-0256) - 57 - 9/6/2023 determination that the site development plan is consistent with these plans, prior to approval of the permit. Impact After Mitigation The conversion of the project site from a non-urban use to an intensive development is a potentially significant land use impact. Implementation of Mitigation Measure 1 will reduce this impact to a level of insignificance. No land use compatibility impacts between on-site land uses is anticipated. No impact to land use compatibility with the McClellan-Palomar Airport is anticipated. The amendment to the LFMP Zone 13 in and of itself will not result in a significant impact. Approval of a General Plan Amendment in and of itself would not result in an inconsistency with the General Plan. No impact is anticipated. No impact as a result of amendments to the Mello II and Agua Hedionda Segments of the LCP is anticipated. No land use impacts associated with the development agreement is anticipated. No impact as a result of amending the Carlsbad Ranch Specific Plan is anticipated. 7. Noise (NOI) Potential Environmental Impact The specific plan’s most sensitive uses, a community hotel and a part of the resort hotel site, are located within the 60 dB CNEL contour of the McClellan-Palomar Airport. The airport’s Noise/Land Use Compatibility Implementation Directives state that all transient lodging buildings, within the CNEL 60-70 contours must be subjected to an acoustical study to determine that interior levels do not exceed CNEL 45. Mitigation Measures NOI1. The interior noise level of the proposed community hotel building(s) (planning area 3), and resort hotel buildings (planning area 5) shall not exceed 45 dBA CNEL. As stated in the McClellan-Palomar Airport’s Noise/Land Use Compatibility Implementation Directives, all transient lodging buildings, within the airport’s 60-70 CNEL contours must be subjected to an acoustical study determine that interior levels do not exceed CNEL 45. NOI2. An aviation easement for noise shall be required to be recorded with the County Recorder as a condition of approval of the project. A copy of the recorded easement is to be filled with the affected airport operator. For all property transactions, appropriate legal notice shall be given to all purchasers, lessees and renters or property in “conditionally compatible” Sept 20, 2023 Item #3 Page 87 of 114 15168 Exemption Checklist Legoland Parking Structure SDP 2021-0028/CDP 2021-0066 (DEV2021-0256) - 58 - 9/6/2023 or “interior only, conditionally compatible” areas which clearly describes the potential for impacts from airplane noise associated with airport operations. Notice also will be provided as required on the state Real estate Disclosure form. Impact After Mitigation Implementation of Mitigation Measures 1 and 2 will reduce noise impacts to a level of less than significant. 8. Public Services And Utilities (PS) Potential Environmental Impact The proposed project will result in an increased demand for police protection services and water supply/reclaimed water. Mitigation Measures Police Protection Services PS1. Prior to Site Development Plan approval, developers shall submit security plans for review and approval by the Carlsbad Police Department. The plans shall be submitted prior to Site Development Plan approval, and shall include information about internal security programs, security systems and devices and any other information required by the Police Department. Water Supply/Reclaimed Water PS2. Reclaimed water shall be utilized for all agriculture, golf course, and landscaping on the project site to the extent feasible. The reclaimed water facilities shall be installed in accordance with the conceptual reclaimed water facility plan as proposed in the specific plan, and City of Carlsbad requirements. PS3. Dual plumbing shall be required for all office, commercial, and industrial uses, and the LEGOLAND Carlsbad project as deemed feasible by the Carlsbad Municipal Water District. Impact After Mitigation Police Protection Services Implementation of Mitigation Measure 1 will reduce impacts to police service to a level less than significant. Water Supply/Reclaimed Water Supply The project impacts to water supply are potentially significant. Implementation of mitigation measures 1 and 2 will reduce impacts to a level of less than significant. 9. Solid Waste (SW) Potential Environmental Impact Sept 20, 2023 Item #3 Page 88 of 114 15168 Exemption Checklist Legoland Parking Structure SDP 2021-0028/CDP 2021-0066 (DEV2021-0256) - 59 - 9/6/2023 The proposed project will result in the generation of solid waste associated with development of specific plan land uses. Mitigation Measures SW1. As a condition of any future site development plans for the project, the applicant shall submit a solid waste management plan for review and approval by the City of Carlsbad. This plan shall provide the following: (1) The approximate location, type, and number of containers to be used to collect refuse and recyclables. (2) Refuse and recyclable collection methods to be used in each planning area. (3) A description and site plan for any planned on-site processing facilities or equipment (balers, compactors). (4) A description of the types of recycling services to be provided and contractual relationships with vendors to provide these services. (5) The estimated quantity of waste generated and estimated quantities of recyclable materials in each planning area. This plan shall also evaluate the feasibility of the following diversion programs/measures: (1) Source separated green waste collection for specific plan areas designated for agriculture, golf and development areas with substantial landscaping (in particular the LEGOLAND Carlsbad planning area). (2) Cardboard recycling in office, retail, and warehousing areas. (3) Office and retail programs which provide for the separation of wet (disposable) and dry (recoverable) materials. (4) Where feasible, providing compactors for non- recyclables to reduce the number of trips to disposal facilities. (5) Glass recycling in restaurants. (6) Providing on-site recycling containers accessible to the public to encourage the diversion of glass, and aluminum in LEGOLAND Carlsbad. (7) Where feasible, implement source reduction measures such as reducing excess packaging, paper and polystyrene cups. Impact After Mitigation Implementation of Mitigation Measure 1 will reduce impacts associated with solid waste collection and disposal to a level of insignificance. 10. Visual Aesthetics/Grading (AES) Sept 20, 2023 Item #3 Page 89 of 114 15168 Exemption Checklist Legoland Parking Structure SDP 2021-0028/CDP 2021-0066 (DEV2021-0256) - 60 - 9/6/2023 Potential Environmental Impact The ramp widening component of the I-5/Cannon Road interchange improvements will result in the removal of mature trees and associated landscaping. Mitigation Measures AES1.Trees shall be replaced at a 5:1 ratio. These trees shall be planted at Cannon Road and Palomar Airport Road, with supplemental water systems. Shrubs shall be replaced at a 1:1 ratio at Cannon Road only. Replacement trees shall be 15 gallon and replacement shrubs shall be 5 gallon. Species selection shall be determined by the Caltrans project landscape architect. AES2. I-5/Cannon Road landscaping shall be installed concurrently with the interchange construction project in order to allow the planting to become established in time for the opening of the LEGOLAND Carlsbad in 1999. AES3. A plantable wall system (e.g., crib wall) shall be utilized to reduce the visibility and aid in graffiti deterrence of the proposed retaining walls. If cast-in-place type walls are used, a form-liner texture (e.g., “ripped rope”) shall be incorporated into the design. Furthermore, the walls shall be aligned to allow the planting of vines and shrubs at the base of the walls for graffiti deterrence and to help blend the walls into the surrounding landscape. An agreement shall be reached with the property owner immediately adjacent to this area to plant and maintain on the owner’s property. Impact After Mitigation No significant impact to visual aesthetics/grading has been identified for the specific plan portion of the project. Implementation of Mitigation Measures 1,2 and 3 will reduce aesthetic impacts associated with the I-5/Cannon Road Interchange improvements to a level less than significant. II. Impacts considered in the EIR but found to be less than significant: Agricultural Resources Public Services and Utilities Fire Protection Services Sewer and Wastewater Treatment Facilities Schools Gas and Electric Effect on City Emergency Response Plans Water Quality Sept 20, 2023 Item #3 Page 90 of 114 Exhibit 6 Sept 20, 2023 Item #3 Page 91 of 114 Sept 20, 2023 Item #3 Page 92 of 114 Sept 20, 2023 Item #3 Page 93 of 114 Sept 20, 2023 Item #3 Page 94 of 114 Sept 20, 2023 Item #3 Page 95 of 114 Sept 20, 2023 Item #3 Page 96 of 114 Sept 20, 2023 Item #3 Page 97 of 114 Sept 20, 2023 Item #3 Page 98 of 114 Sept 20, 2023 Item #3 Page 99 of 114 Sept 20, 2023 Item #3 Page 100 of 114 Sept 20, 2023 Item #3 Page 101 of 114 Sept 20, 2023 Item #3 Page 102 of 114 Sept 20, 2023 Item #3 Page 103 of 114 Sept 20, 2023 Item #3 Page 104 of 114 Sept 20, 2023 Item #3 Page 105 of 114 Sept 20, 2023 Item #3 Page 106 of 114 Sept 20, 2023 Item #3 Page 107 of 114 Sept 20, 2023 Item #3 Page 108 of 114 Sept 20, 2023 Item #3 Page 109 of 114 Sept 20, 2023 Item #3 Page 110 of 114 Sept 20, 2023 Item #3 Page 111 of 114 Sept 20, 2023 Item #3 Page 112 of 114 Sept 20, 2023 Item #3 Page 113 of 114 LIST OF ACRONYMS AND ABBREVIATIONS Exhibit 7 This is a list of acronyms and abbreviations (in alphabetical order) that are commonly used in staff reports. Acronym Description Acronym Description APA American Planning Association LCPA Local Coastal Program Amendment APN Assessor Parcel Number LOS Level of Service AQMD Air Quality Management District MND Mitigated Negative Declaration BMP Best Management Practice NCTD North County Transit District CALTRANS California Department of Transportation ND Negative Declaration CC City Council PC Planning Commission CCR Conditions, Covenants and Restrictions PDP Planned Development Permit CEQA California Environmental Quality Act PEIR Program Environmental Impact Report CFD Community Facilities District PUD Planned Unit Development CIP Capital Improvement Program ROW Right of Way COA Conditions of Approval RWQCB Regional Water Quality Control Board CofO Certificate of Occupancy SANDAG San Diego Association of Governments CT Tentative Parcel Map SDP Site Development Permit CUP Conditional Use Permit SP Specific Plan DIF Development Impact Fee SWPPP Storm Water Pollution Prevention Program DISTRICT City Council Member District Number TM Tentative Map EIR Environmental Impact Report ZC Zone Change EIS Environmental Impact Statement (federal) EPA Environmental Protection Agency FEMA Federal Emergency Management Agency GP General Plan GPA General Plan Amendment GIS Geographic Information Systems HCA Housing Crisis Act 2019 IS Initial Study Sept 20, 2023 Item #3 Page 114 of 114 Legoland Parking Structure No. 2 Kyle Van Leeuwen, Associate Planner Community Development September 20, 2023 SDP 2021-0028/CDP 2021-0066 1 2 PROJECT LOCATION APPLICANT REQUEST SDP/CDP: Parking Structure •1,174 Vehicle Spaces (847 net) •387,228 Square Feet •Three Stories – 34.25 Feet •Complement Existing Structure 4 Plans 5 Plans Project Consistency •General Plan – Visitor Commercial (VC) •Zoning – Commercial Tourist, Qualified Development Overlay (C-T-Q) •Carlsbad Ranch Specific Plan •Coastal Development Regulations •California Environmental Quality Act (CEQA) ITEM: RECOMMENDATION •ADOPT a resolution APPROVING the Site Development Plan (SDP 2021-0028) and Coastal Development Permit (CDP 2021-0066). 8 Plans BACKGOUND December 6, 1995 •Carlsbad Ranch Specific Plan Amendment - LEGOLAND •Program Environmental Impact Report, EIR 94-01 September 7, 2016 •Employee Parking Structure Approved by PC •LEGOLAND Hotel #2 approved December 6, 2021 •Application for SDP/CDP for parking structure #2 10 Plans 11 Plans