HomeMy WebLinkAbout2017-04-11; City Council; Resolution 2017-060RESOLUTION NO. 2017-060
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, DENYING CARLSBAD TRACT CT 14-11, NONRESIDENTIAL
PLANNED UNIT DEVELOPMENT PERMIT PUD 16-02, AND CONDITIONAL USE
PERMIT CUP 14-10 FOR A TWENTY (20) UNIT TIMESHARE CONDOMINIUM
PROJECT WITH UNDERGROUND PARKING ON APPROXIMATELY ONE ACRE
OF LAND LOCATED AT 4509 ADAMS STREET, ON THE SOUTH SIDE OF ADAMS
STREET BETWEEN HIGHLAND DRIVE AND PARK DRIVE, WITHIN THE AGUA
HEDIONDA SEGMENT OF THE LOCAL COASTAL PROGRAM (LCP) AND IN
LOCAL FACILITIES MANAGEMENT ZONE 1
CASE NAME:
CASE NO.:
CARLSBAD BOAT CLUB & RESORT
CT 14-11/PUD 16-02/CUP 14-10
EXHIBIT 1
WHEREAS, the City Council of the City of Carlsbad, California has determined that, pursuant to
the provisions ofthe Municipal Code, the Planning Commission did, on February 15, 2017, hold a duly
noticed public hearing as prescribed by law to consider Tentative Tract Map CT 14-11, Nonresidential
Planned Development Permit PUD 16-02 and Conditional Use Permit CUP 14-10 and adopted Planning
Commission Resolution No. 7200, recommending denial of CT 14-11/PUD 16-02/CUP 14-10; and
WHEREAS, the City Council of the City of Carlsbad held a duly noticed public hearing to consider
said Tentative Tract Map, Nonresidential Planned Unit Development Permit and Conditional Use
Permit; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if
any, of all persons desiring to be heard, the City Council considered all factors relating to the Tentative
Tract Map, Nonresidential Planned Unit Development Permit and Conditional Use Permit.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as
follows:
1. That the above recitations are true and correct.
2. That the recommendation of the Planning Commission for the denial of Tentative Tract
Map CT 14-11, Nonresidential Planned Development Permit PUD 16-02 and Conditional Use Permit
CUP 14-10, is approved, and that the findings and conditions ofthe Planning Commission contained in
Planning Commission Resolution No. 7200, on file with the City Clerk and incorporated herein by
reference, are the findings and conditions of the City Council.
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PLANNING COMMISSION RESOLUTION NO. 7200
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING DENIAL OF CARLSBAD TRACT
CT 14-11, NONRESIDENTIAL PLANNED UNIT DEVELOPMENT PERMIT PUD
16-02, AND CONDITIONAL USE PERMIT CUP 14-10 FOR THE DEMOLITION
OF A RESTAURANT AND SINGLE FAMILY RESIDENCE AND TO ALLOW THE
CONSTRUCTION OF A TWENTY (20) UNIT TIMESHARE CONDOMINIUM
PROJECT WITH UNDERGROUND PARKING ON APPROXIMATELY ONE
ACRE OF LAND LOCATED AT 4509 ADAMS STREET, ON THE SOUTH SIDE
OF ADAMS STREET BETWEEN HIGHLAND DRIVE AND PARK DRIVE, WITHIN
THE AGUA HEDIONDA SEGMENT OF THE LOCAL COASTAL PROGRAM
(LCP) AND IN LOCAL FACILITIES MANAGEMENT ZONE 1.
CASE NAME: CARLSBAD BOAT CLUB & RESORT
CASE NO.: CT 14-11/PUD 16-02/CUP 14-10
EXHIBIT 3
WHEREAS, James Courtney, "Developer," has filed a verified application with the City of
Carlsbad regarding property owned by VIP Partners, "Owner," described as
THE WESTERLY 133.71 FEET OF LOT 7 IN BLOCK "D" OF BELLAVISTA, IN
THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO MAP THEREOF NO. 2152, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 7, 1929, SAID
133.71 FEET MEASURED AT RIGHT ANGLES FROM THE WESTERLY LINE
OF SAID LOT
("the Property"); and
WHEREAS, said verified application constitutes a request for a Tentative Tract Map, Non-
Residential Planned Development Permit, and Conditional Use Permit as shown on Exhibit(s) "A" -"Q"
dated September 21, 2016, on file in the Planning Division CT 14-11/PUD 16-02/CUP 14-10 -CARLSBAD
BOAT CLUB & RESORT, as provided by Chapters 20.12, 21.47, and 21.42 of the Carlsbad Municipal Code;
and
WHEREAS, the Planning Commission did, on September 21, 2016, hold a duly noticed
public hearing as prescribed by law to consider said request, and at the request of the applicant, tabled
consideration of the request; and
WHEREAS, the Planning Commission did, on February 1 and February 15, 2017, 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 persons desiring to be heard, said Commission considered all factors relating to the
Tentative Tract Map, Non-Residential Planned Development Permit, and Conditional Use Permit. Item #4 April 11, 2017 Page 8 of 213
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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 Commission
RECOMMENDS DENIAL of CT 14-11/PUD 16-02/CUP 14-10 -CARLSBAD BOAT CLUB &
RESORT, based on the following findings:
Findings:
Tentative Tract Map
1.
2.
That the proposed project is not compatible with the surrounding future land uses since
surrounding properties are designated for residential development on the General Plan, in that:
a.
b.
C.
The massing and intensity of use associated with the timeshare project is not
compatible with the existing and future single family land uses and character of the
surrounding properties. Commercial infill projects adjacent to existing residential uses
need to meet a higher standard of compatibility than is provided by the proposed
project. The project would need to be significantly reduced in massing and size, and be
a less intensive use than 20 timeshare units, in order to meet that higher standard.
The nature of the transient visitor use and the potential for noise, traffic and other
operational impacts of the timeshare use are not compatible with the surrounding
single family neighborhood. The use of Adams Street already presents inherent
conflicts between vehicles, bicyclists and pedestrians, and adding traffic from the
timeshare project will exacerbate the conflicts. The number of timeshare unit
bedrooms allows for higher occupancy of the units with more cars, which may exceed
the number of parking spaces proposed by the project.
The traffic associated with the addition of 20 timeshare units, nine of which are two-or
three-bedroom units, will exacerbate the existing potential for pedestrian, bicycle and
vehicle conflicts on the adjacent Adams Street given its curvilinear design including
blind curves. The project does not propose a swimming pool and swimming is not
permitted in the lagoon, so timeshare guests would primarily want to use boats on the
lagoon. The project is not designed with enough parking or space to accommodate the
number of public boats and trailers that should realistically be expected onsite.
That the site is not physically suitable for the type and density of the development since the site
is not adequate in size and shape to accommodate the proposed project because it does not
include sufficient parking spaces and maneuvering room for the 20 timeshare units combined
with public boat and trailer access to the boat ramp. Even if the project limits public boats to a
maximum of six boat launches at any given time as stated by the applicant, the applicant was
unable to demonstrate that the plans show sufficient parking spaces for six vehicles and boat
trailers.
Nonresidential Planned Development Permit
3. The proposed use at the particular location is not necessary and desirable to provide a service or
facility, and will not contribute to the general well-being of the neighborhood and the community,
in that other uses could be proposed for development on the site consistent with the Residential
PC RESO NO. 7200 -2-Item #4 April 11, 2017 Page 9 of 213
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Tourist zone that would be less intensive and more compatible with the character of the
neighborhood, and the timeshare use without any more publicly available amenity does not
contribute to the general well-being of the neighborhood.
Conditional Use Permit
4.
5.
That the requested use is not necessary or desirable for the development of the community, and
is not in harmony with the various elements and objectives of the general plan, including, if
applicable, the certified local coastal program, specific plan or master plan, in that other uses
could be proposed for development on the site consistent with the Residential Tourist zone that
would be less intensive and more compatible with the character of the neighborhood, and the
design of the proposed timeshare project is not compatible with the surrounding single family
residential neighborhood at the scale and intensity proposed.
That the site for the proposed conditional use is not adequate in size and shape to accommodate
the yards, setbacks, walls, fences, parking, loading facilities, buffer areas, landscaping and other
development features prescribed in this code and required by the City Planner, planning
commission or city council, in order to integrate the use with other uses in the neighborhood, in
that:
a.
b.
C.
The proposed project does not include sufficient parking spaces and maneuvering room
for the 20 timeshare units combined with public boat and trailer access to the boat
ramp. Even if the project limits public boats to a maximum of six boat launches a day
as stated by the applicant, the plans do not show sufficient parking spaces for six
vehicles with boat trailers.
The design of the proposed timeshare project is not compatible with the surrounding
single family residential neighborhood at the scale and intensity proposed.
The nature of the transient visitor use and the potential noise, traffic and other
operational impacts of the timeshare use are not compatible with the surrounding
single family neighborhood.
PC RESO NO. 7200 -3-Item #4 April 11, 2017 Page 10 of 213
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of
the City of Carlsbad, California, held on February 15, 2017, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Chairperson Segall, Commissioners Anderson, Goyarts, L'Heureux and
Montgomery
Commissioners Black and Siekmann
12 JEFF SEGALL, Chairperson
CARLSBAD PLANNING COMMISSION
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ATIEST:
~Yl
DON NEU
City Planner
PC RESO NO. 7200 -4-Item #4 April 11, 2017 Page 11 of 213