HomeMy WebLinkAbout1984-10-10; Planning Commission; Resolution 2366t
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PLANNING COMMISSION RESOLUTION NO. 2366
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORLqIA, APPROVING A CONDITIONAL USE PERMIT TO EXPAND THE LA COSTA
HOTEL AND SPA ON PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF EL CAMINO REAL BETWEEN ARENAL
ROAD AND THE SAN MARCOS CREEK.
APPLICANT: LA COSTA HOTEL AND SPA
CASE NO: CUP-258
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City of Carlsbad and referred to the Planning Commission; ant 7
WHEREAS, a verified application has been filed with
WHEREAS, said verified application constitutes a re1
9 as provided by Title 21 of the Carlsbad Municipal Code; and
10 WHEREAS, pursuant to the provisions of the Municipa.
1111 Code, the Planning Commission did, on the 10th day of Octobe~
12111984, hold a duly noticed public hearing to consider said
l3 11 application on property described as:
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Those portions of Section 26 and 35 in Township 12 ! Range 4 West, San Bernardino Meridian, in the City (
Carlsbad, in the County of San Diego, State of
California, according to official plat thereof
WHEREAS, at said public hearing, upon hearing and
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considering all testimony and arguments, if any, of all persc
desiring to be heard, said Commission considered all factors
relating to CUP-258.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plannir
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 heari
the Commission APPROVES CUP-258, based on the following
findings and subject to the following conditions:
26 //Findings:
27 development of the community, is essentially in harmony
28 the various elements and objectives of the general plan, is not detrimental to existing uses or to uses specifica
1) The requested use is necessary or desirable for the
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permitted in the zone in which the proposed use is to bt
located for the reasons stated in the staff report.
3 2) The site for the intended use is adequate in size and sl to accommodate the use for the reasons stated in the st;
4 report.
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All of the yards, setbacks, walls, fences, landscaping,
other features necessary to adjust the requested use to
existing or permitted future uses in the neighborhood w: provided and maintained.
The street system serving the proposed use is adequate '
properly handle all traffic generated by the daily use I
facility and that major event traffic can be handled by strict traffic control.
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5) The project is consistent with all City public facility
appropriate condition to this project, insured that 12 project will not be approved unless the City Counci:
13 that sewer service is available to serve the projecl
addition, the Planning Commission has added a condil 14 that building permits may not be issued for the pro:
unless the City Engineer determines that sewer serv: 15 available, and building cannot occur within the pro:
unless sewer service remains available, and the Plal
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met insofar as they apply to sewer service for this 17 public facilities element of the general plan have 1
Commission is satisfied that the requirements of tht
project.
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icies and ordinances since:
a) The Planning Commission has, by inclusion of an
b) All necessary public improvements have been provide( 19 will be required as conditions of approval.
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c) The applicant has agreed and is required by the inc;
of an appropriate condition to pay a public facilitj
fee. Performance of that contract and payment of tl will enable this body to find that public facilitiec
be available concurrent with need as required by thc
general plan.
f) Assurances have been given that adequate sewer €or 1
project will be provided by the Leucadia County Wate
District.
6) This project will not cause any significant environment:
impacts and a Negative Declaration has been issued by tl
Land Use Planning Manager on September 25, 1984 and appl
by the Planning Commission on October 10, 1984. I
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Conditions:
General
1) Approval is granted for CUP-258, as shown on Exhibit 'A
on file in the Land Use Planning Office. Development SI
conditions.
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occur substantially as shown unless otherwise noted in . 5
'B', dated September 10, 1984, incorporated by referencc
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2) This project is approved upon the express condition tha.
subject property unless the City Engineer determines thi
such sewer permits and will continue to be available un
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time of occupancy. 9
sewer facilities are available at the time of applicatic 8
building permits will not be issued for development of '
10 3) This project is approved upon the express condition thai
applicant shall pay a public facilities fee as required
the City Clerk and incorporated herein by reference, anc
payment of said fee, a copy of that agreement, dated Jul 13 1984, is on file with the City Clerk and incorporated he by reference. If said fee is not paid as promised, this 14 application will not be consistent with the General Plal
approval for this project shall be void. 15
4) Approval of this request shall not excuse compliance wil 16 sections of the Zoning Ordinance and all other applicab: ordinances in effect at time of building permit issuanct 17
5) Water shall be provided by the City of Carlsbad. 18
19 Land Use Planning
20 6) The applicant shall prepare a detailed landscape and ir!
tion plan which shall be submitted to and approved by tl
Use Planning Manager prior to the issuance of building
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according to the agreement executed by the applicant fo~ 12
City Council Policy No. 17, dated April 2, 1982, on filc
21 permits.
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7) All parking lot trees shall be a minimum of 15 gallons i
thriving condition, free from weeds, trash, and debris. 24
size.
8) All landscaped areas shall be maintained in a healthy ax
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Any signs proposed for this development shall be designc
conformance with the City's Sign Ordinance and shall rec
review and approval of the Land Use Planning Manager pri
installation of such signs.
Trash receptacle areas shall be enclosed by a six-foot 1
masonry wall with gates pursuant to City standards. Lo<
Of said receptacles shall be approved by the Land Use PI Manager. !I PC RES0 NO. 2366 -3-
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11) All roof appurtenances, including air conditioners, shal
architecturally integrated and shielded from view and th
sound buffered from adjacent properties and streets, pur to Building Department Policy No. 80-6, to the satisfact
the Land Use Planning Manager and Building and Planning
Director.
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This conditional use permit shall be reviewed by the Lar Planning Manager on a yearly basis to determine if all conditions of this permit have been met and that the spe event uses as discussed in the staff report do not have
significant detrimental impact on surrounding properties
the public health and welfare. If the Land Use Planninc
Manager determines that the use has such significant ad%
impacts, the manager shall recommend that the Planning
Commission, after providing the permittee the opportunit
be heard, add additional conditions to mitigate the
significant adverse impacts. This permit may be revoked
any time after a public hearing, if it is found that the
has a significant detrimental affect on surrounding lanc and the public's health and welfare, or the conditions j herein have not been met.
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Engineering
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13) The developer shall obtain a grading permit prior to the
14) Prior to issuance of a grading permit for grading withir
16 100 year flood plain the developer shall obtain a speciz
17 15) The grading for this project is defined as "controlled 5
18 ing" by Section 11.06.170(a) of the Carlsbad Municipal ( Grading shall be performed under the observation of a cj
inspection and testing to insure compliance of the work
Engineer and verify compliance with Chapter 11.06 of thc
commencement of any clearing or grading of the site.
permit.
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Carlsbad Municipal Code. 21
the approved grading plan, submit required reports to tl 20
engineer whose responsibility it shall be to coordinate
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No grading shall occur outside the limits of the
project unless a letter of permission is obtained from 1
owners of the affected properties.
A separate grading plan shall be submitted and approved
separate grading permit issued for the borrow or disposi
if located within the city limits.
All slopes within this project shall be no steeper than
Prior to hauling dirt or construction materials to any
proposed construction site within this project the devel
shall submit to and receive approval from the City Engir
for the proposed haul route. The developer shall compl] all conditions and requirements the City Engineer may in with regards to the hauling operation.
The developer shall exercise special care during the
construction phase of this project to prevent any off-si
siltation. The developer shall provide erosion control
measures and shall construct temporary desiltation/deter basins of type, size and location as approved by the Cil
Engineer. The basins and erosion control measures shal:
shown and specified on the grading plan and shall be constructed to the satisfaction of the City Engineer pr:
the start of any other grading operations. Prior to tht
removal of any basins or facilities so constructed the i
served shall be protected by additional drainage facilit
slope erosion control measures and other methods require approved by the City Engineer. The developer shall mair the temporary basins and erosion control measures for a
of time satisfactory to the City Engineer and shall guar
their maintenance and satisfactory performance through c
deposit and bonding in amounts and types suitable to the
Engineer.
Additional drainage easements and drainage structures SI
provided or installed as may be required by the County
Department of Sanitation and Flood Control or the City 1
neer.
22 '22) The developer shall commission a HEC-2 Study of San Marc
roadway or structures proposed by this project shall be
the City Engineer. Approval of any and all new raised 1 24 content and extent shall be of degree & quality to satic
and structures proposed by this project. The study's fc 23 Creek that considers the effect of the raised pads, roac
25 contingent on the HEC-2 Study showing that no public
facility, public lands, private facility or private land 26 held by other than the developer will be damaged by a 1C
year (1%) storm. 27
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Direct access rights for all lots abutting El Camino Re; La Costa Avenue shall be waived. The developer shall make an offer of dedication to the City
all public streets and easements required by these cond. or shown on the Site Development Plan. The offer shall
made prior to issuance of any Building Permit for this
project. All land so offered shall be granted to the C
free and clear of all liens and encumbrances and withou. to the City. Streets that are already public are not ri
to be rededicated. This includes full right-of-way
requirements for El Camino Real and La Costa Avenue.
Improvements listed in this section shall be installed (
agreed to be installed by secured agreement by the deve:
before the issuance of any building permit. The devel01
shall obtain approval of the plans from the City Enginec pay all associated fees and performance guarantees prio~
issuance of any building permit. The developer shall ir
said improvements to the satisfaction of the City Engine
prior to issuance of a Certificate of Occupancy or OCCUJ
of any portion of the project €or any purpose. The
improvements are:
a) El Camino Real to one-half width prime arterial strt
standards from Arena1 Road to the southerly line of parcel on which the project is located. The constrl of the median shall be separately secured in a form acceptable to the City Attorney and City Engineer ar shall be constructed at such time as required by the
Engineer. The median shall be designed such that tr
created by sporting events at La Costa Hotel can be accommodated subject to the approval of the City Engineer.
b) La Costa Avenue to one-half width secondary arterial
street standards along the frontage of the parcel or
which the project is located.
The driveway width for the 78 space parking lot on Arenz Road shall be reduced to 28 feet.
Unless a standard variance has been issued, no variance
City Standards are authorized by virtue of approval of t
project plan.
The developer shall construct private street accesses tc public streets in such a way as to clearly designate tha
private streets are not a portion of the public street E
The developer shall place a plaque-type sign with the le
"PRIVATE STREET BEYOND THIS POINT, right to pass revocal: non-tenants at anytime" at the access point to private E from public streets. The script on the sign shown above be capital letters of a size and contrast such as to be
readable for a normally sighted person at a distance of feet. The provisions of this condition shall be met to satisfaction of the City Engineer prior to issuance of E Certlflcate of Occupancy for any portion of thls pro-~ect
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1)"" RES0 NO. 2366 -6-
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The developer shall comply with all the rules, regulatic design requirements of the respective sewer and water as
regarding services to the project.
The design of all private streets and drainage systems I
be approved by the City Engineer prior to approval of tE
final map. The structural section of all private street
shall conform to City of Carlsbad Standards based on R--T tests. All private streets and drainage systems shall 1
inspected by the city, and the standard improvement plar check and inspection fees shall be paid prior to approvi
the final map.
All private streets and drainage systems shall be mint:
by the owner.
All private driveways shall be kept clear of parked veh: at all times, and shall have posed "NO Parking/Fire Lanc
Away Zone" pursuant to Section 17.04.040, Carlsbad Munic
Code.
All plans, specifications, and supporting documents for
improvements of this project shall be signed and sealed
Engineer in responsible charge of the work. Each sheet
be signed and sealed, except that bound documents may bc
signed and sealed on their first page. Additionally tht sheet of each set of plans shall have the following
certificate:
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"DECLARATION OF RESPONSIBLE CHARGE"
I hereby declare that I am the Engineer of Work for thi:
project, that I have exercised responsible charge over .
design of the project as defined in Section 6703 of the
Business and Professions Code, and that the design is
consistent with current standards.
I understand that the check of project drawings and specifications by the City of Carlsbad is confined to a
only and does not relieve me, as Engineer of Work, of m: responsibilities for project design.
(Name, Address and Telephone of Engineering firm)
Firm:
Address :
City, St. :
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BY Date : 27
Telephone:
(Name of Engineer)
R.C.E. NO. #
PC RES0 NO. 2366 -7-
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33) The developer shall provide the city with a reproducible
mylar copy of the site plan as approved by the Planning Commission. The site plan shall reflect the conditions approval by the city. The plan copy shall be submitted City Engineer prior to improvement plan submittal.
34) Prior to issuance of any building permit for this
development, the owner shall give written consent to the annexation of the area shown within the boundaries of tk
site plan into the existing City of Carlsbad Street LigE
and Landscaping District No. 1.
Fire Conditions
35) Prior to issuance of building permits, complete buildin!
plans shall be submitted to and approved by the Fire
Department.
36) Additional public and/or on site fire hydrants shall be
provided if deemed necessary by the Fire Marshall.
12 37) The applicant shall submit two (2) copies of a site plal
on site roads and drives to the Fire Marshal for approvi 13
showing locations of existing and proposed fire hydrant!
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An all weather access road shall be maintained through01
construction.
All required fire hydrants, water mains and appurtenancc
shall be operational prior to combustible building mate]
being located on the project site.
Proposed security gate systems shall be provided with "I
key operated override switch, as specified by the Fire I
partment.
All private driveways shall be kept clear of parked veh:
at all times, and shall have posted "NO Parking/Fire La]
Away Zone" pursuant to Section 17.04.040, Carlsbad Munc:
Code .
22 42) All fire alarm systegs, fire hydrants, extinguishing sy:
24 approval prior to construction. project shall be submitted to the Fire Department for 23 autQmatic sprinklers, and other systems pertinent to thc
43) Building exceeding 10,000 sq.ft. aggregatae floor area I 25 be sprinklered or have four-hour fire walls with no ope]
therein which shall split the building into 10,000 sq. f' 26 less) areas.
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PC RES0 NO. 2366 -8-
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PASSED, APPROVED AND ADOPTED at a regular meeting of the
//Planning Commission of the City of Carlsbad, California, helc
the 10th day of October, 1984, by the following vote, to wit:
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AYES : Chairman Rombotis, Commissioners Marcus,
Schlehuber, McFadden, Smith and L'Heureux.
None.
ABSENT : Commissioner Farrow.
ABSTAIN : None.
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PC -SO NO. 2366 -9-