HomeMy WebLinkAbout1995-09-20; Planning Commission; Resolution 3807t,
.-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
PLANNING COMMISSION RESOLUTION NO. 3807
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CARLSBAD, CALIFORNIA,
RECOMMENDING APPROVAL OF A SITE
DEVELOPMENT PLAN AMENDMENT TO ALLOW
REVISIONS TO THE HOTEL AND SPORTS CENTER
DEVELOPMENT SITES ON PROPERTY GENERALLY
LOCATED SOUTH OF ALGA ROAD BETWEEN BLACK
RAIL COURT AND BATIQUITOS DRIVE, IN AVIARA
PLANNING AREAS 2,10 AND 11, IN LOCAL FACILITIES
MANAGEMENT ZONE 19.
CASE NAME: FOUR SEASONS AVIARA RESORT
CASE NO: SDP 86-02(B)
WHEREAS, Aviara Resort Associates has filed a verified application with the
City of Carlsbad and referred to the Planning Commission; and
WHEREAS, said verified application constitutes a request for a site
development plan amendment as provided by Chapter 21.06 of the Carlsbad Municipal
Code; and
WHEREAS, pursuant to the provisions of the Municipal Code, the Planning
Commission did, on the 20th day of September, 1995, hold a duly noticed public hearing to
consider said application on property described as:
Lots 4 and 5 of Carlsbad Tract 85-35, Phase I Unit A, according
to Map No. 12409, filed June 29, 1989; lots 87, 88, 89 and
portions of lot 232 of Carlsbad Tract 85-35, Phase I Unit B,
according to Map No. 12410, filed June 29, 1989; portion of
parcel 2 of Parcel Map 16451, filed April 15, 1991, all in the
City of Carlsbad, County of San Diego, State of California;
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all persons desiring to be heard, said Planning Commission
considered all factors relating to SDP 86-02(B).
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
4 That the foregoing recitations are true and correct.
.
.-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
9 That based on the evidence presented at the public hearing, the Commission
recommends APPROVAL of Site Development Plan Amendment, SDP 86-02(B),
based on the following findings and subject to the following conditions:
Findiws:
1. The Planning Commission finds that:
a) the project is a subsequent development as identified in Section 21083.3 of the
California Environmental Quality Act;
b)
Cl
the project is consistent with the Aviara Master Plan (MP 177);
there was an EIR certified (EIR 83-02(A)) in connection with the Aviara
Master Plan (MP 177);
d) the project has no new significant environmental effect not analyzed as
significant in the prior EIR (EIR 83-02(A));
e) none of the circumstances requiring Subsequent or Supplemental EIR under
CEQA Guidelines Sections 15162 or 15163 exist;
2.
3.
4.
The Planning Commission finds that all feasible mitigation measures or project
alternatives identified in the EIR (EIR 83-02(A)) which are appropriate to this
Subsequent Project have been incorporated into this Subsequent Project.
The City’s MEIR found that air quality and circulation impacts are significant and
adverse; therefore, the City Council adopted a statement of overriding
considerations. The project is consistent with the General Plan and as to those
effects, no additional environmental document is required.
The project is consistent with the City-Wide Facilities and Improvements Plan, the
applicable local facilities management plan, and all City public facility policies and
ordinances since:
a) The project has been conditioned to ensure that building permits will not be
issued for the project unless the District Engineer determines that sewer
service is available, and building cannot occur within the project unless sewer
service remains available, and the District Engineer is satisfied that the
requirements of the Public Facilities Element of the General Plan have been
met insofar as they apply to sewer service for this project.
9 All necessary public improvements have been provided or are required as
conditions of approval.
4 The developer has agreed and is required by the inclusion of an appropriate
condition to pay a public facilities fee. Performance of that contract and
PC RESO NO. 3807 -2-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
payment of the fee will enable this body to find that public facilities will be
available concurrent with need as required by the General Plan.
5. The project has been conditioned to pay any increase in public facility fee, or new
construction tax, or development fees, and has agreed to abide by any additional
requirements established by a Local Facilities Management Plan prepared pursuant
to Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued
availability of public facilities and will mitigate any cumulative impacts created by the project.
6. This project has been conditioned to comply with any requirement approved as part
of the Local Facilities Management Plan for Zone 19.
7. That the requested use is properly related to the site, surroundings and
environmental settings; is consistent with the various elements and objectives of the
General Plan; will not be detrimental to existing uses or to uses specifically permitted
in the area in which the proposed use is to be located; and will not adversely impact
the site, surroundings or traffic circulation, in that the proposed hotel and sports
center development does not require expansion of the total graded area; the areas
of the project are designated for tourist-related recreational commercial uses, all
parking areas have proper circulation and landscaping, and the existing native
habitat is being maintained; the open space areas buffer nearby residential
development; and the proposed development plan fits within the existing graded area
and the surrounding street system can accommodate the additional traffic generated
by the hotel and sports center uses.
8. That the site for the intended use is adequate in size and shape to accommodate the
use, in that no expansion of the total graded area or planning area boundaries are
necessary to fit the proposed development.
9. That all yards, setbacks, walls, fences, landscaping, and other features necessaxy to
adjust the requested use to existing or permitted future uses in the neighborhood will
be provided and maintained, in that adequate fire suppression zones will exist
around the development, all walls over six feet in height shall be aesthetically treated
with planting and all landscaping shall be in harmony with the large scale of the
development.
10. That the street systems serving the proposed use is adequate to properly handle all traffic generated by the proposed use, in that the entire project will generate an
additional 4,826 trips which can be accommodated on either Alga Road or Batiquitos
Lane, having a maximum capacity of 20,000 ADT and 10,000 ADT, respectively.
Planning Conditions:
1. The Planning Commission does hereby recommend approval of the Site Development
Plan Amendment for the Destination Resort project entitled “Four Seasons Aviara
Resort” (Exhibits “A” - “SSS” on file in the Planning Department and incorporated
PC RESO NO. 3807 -3-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2.
3.
4.
5.
6.
7.
8.
by this reference, dated September 20, 1995), subject to the conditions herein set forth. Staff is authorized and directed to make or require the Developer to make all
corrections and modifications to the Site Development Plan Amendment Documents,
as necessary to make them internally consistent and conform. to City Council’s final
action on the project. Development shall occur substantially as shown on the
approved exhibits. Any proposed development substantially different from this
approval, shall require an amendment to this approval.
The Developer shall comply with all applicable provisions of federal, state, and local
ordinances in effect at the time of building permit issuance.
The Developer shall provide the City with a reproducible 24” x 36”, mylar copy of the
Site Plan as approved by the final decision making body. The Site Plan shall reflect
the conditions of approval by the City. The Plan copy shall be submitted to the City
Engineer and approved prior to building, grading, final map, or improvement plan
submittal, whichever occurs first.
The Developer shall include, as part of the plans submitted for any permit plan
check, a reduced, legible version of the approving resolution/resolutions on a 24” x
36” blueline drawing. Said blueline drawing(s) shall also include a copy of any
applicable Coastal Development Permit and signed approved site plan.
Building permits will not be issued for development of the subject property unless
the District Engineer determines that sewer facilities are available at the time of
application for such sewer permits and will continue to be available until time of
occupancy.
The Developer shall pay the public facilities fee adopted by the City Council on July
28, 1987 (amended July 2, 1991) and as amended from time to time, and any
development fees established by the City Council pursuant to Chapter 21.90 of the
Carlsbad Municipal Code or other ordinance adopted to implement a growth
management system or Facilities and Improvement Plan and to fulfil1 the subdivider’s
agreement to pay the public facilities fee dated May 10, 1995, a copy of which is on
file with the City Clerk and is incorporated by this reference. If the fees are not
paid, this application will not be consistent with the General Plan and approval for
this project will be void.
This project shall comply with all conditions and mitigation measures which are
required as part of the Zone 19 Local Facilities Management Plan and any
amendments made to that Plan prior to the issuance of building permits.
Approval of SDP 86-02(B) is granted subject to the approval of MP 177(O), LCPA
90-03(A), CUP 90-05(A), CT 95-02, PUD 102(A) and HDP 95-11. SDP 86-02(B) is
subject to all conditions contained in Planning Commission Resolution Nos. 3802,
3803,3806,3804,3805 and 3809 for MP 177(O), LCPA 90-03(A), CUP 90-05(A), CT
95-02, PUD 102(A) and HDP 95-11, respectively.
PC RESO NO. 3807 -4-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
9.
10.
11.
12.
13.
14.
15.
16.
17.
Prior to the issuance of building permits, Developer shall submit to the City a Notice
of Restriction to be filed in the office of the County Recorder, subject to the
satisfaction of the Planning Director, notifying all interested parties and successors
in interest that the City of Carlsbad has issued a Site Development Plan Amendment
by Resolution No. 3807 on the real property owned by the developer. 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 Planning
Director has the authority to execute and record an amendment to the notice which
modifies or terminates said notice upon a showing of good cause by the developer
or successor in interest.
Trash receptacle areas shall be enclosed by a six-foot high masonry wall with gates
pursuant to City standards. Location of said receptacles shall be approved by the
Planning Director. Enclosure shall be of similar colors and/or materials to the
project to the satisfaction of the Planning Director.
An exterior lighting plan including parking areas shall be submitted for Planning
Director approval. All lighting shall be designed to reflect downward and avoid any
impacts on adjacent homes or property.
No outdoor storage of material shall occur onsite unless required by the Fire Chief.
In such instance a storage plan will be submitted for approval by the Fire Chief and
the Planning Director.
The Developer shall prepare a detailed landscape and irrigation plan in conformance
with the approved Preliminary Landscape Plan and the City’s Landscape Manual.
The plans shall be submitted to and approval obtained from the Planning Director
prior to the approval of the final map, grading permit, or building permit, whichever
occurs first. The Developer shall construct and install all landscaping as shown on
the approved plans, and maintain all landscaping in a healthy and thriving condition,
free from weeds, trash, and debris.
The first submittal of detailed landscape and irrigation plans shall be accompanied
by the project’s building, improvement, and grading plans.
The Developer shall submit and obtain Planning Director approval of a uniform sign
program for this development prior to occupancy of any building.
Building identification and/or addresses shall be placed on all new and existing
buildings so as to be plainly visible from the street or access road; color of
identification and/or addresses shall contrast to their background color.
The Developer shall provide bus stops to service this development at locations and
with reasonable facilities to the satisfaction of the North County Transit District and
the Planning Director. Said facilities, if required, shall at a minimum include a bench, free from advertising, and a pole for the bus stop sign. The bench and pole
.PC RESO NO. 3807 -5-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
18.
19.
20.
21.
22.
23.
24.
shall be designed to enhance or be consistent with the basic architectural theme of
the project.
Prior to approval of the grading permit or building permit, whichever occurs first,
the Developer shall receive approval of a Coastal Development Permit issued by the
California Coastal Commission that substantially conforms to this approval. A signed
copy of the Coastal Development Permit must be submitted to the Planning Director.
If the approval is substantially different, an amendment to this Site Development
Plan Amendment shall be required.
The approved landscape plans shall reflect the following minimum size requirement.
Most of the palm trees around the main hotel shall be a minimum size of 30 feet,
brown trunk height. The actual specimens of trees used for landscaping shall be
inspected and approved by the Planning Director prior to planting.
Approval of Site Development Plan SDP 86-02(B), and related applications, is
subject to the condition that the proposed valet and shuttle service be operated and
maintained continuously by the hotel operator in perpetuity for the life of the hotel.
Any substantial changes, as determined by the Planning Director, shall necessitate
a formal amendment to Site Development Plan SDP 86-02(B).
Approval of Site Development Plan 86-02(B) is subject to the condition that prior
to the issuance of grading permits, all deed restricted areas as shown on Exhibits
“A” - “J”, dated September 20, 1995, must be staked and fenced as delineated by a
licensed surveyor on site. These staked areas shall be required to be shown on the
approved grading plans. Should any accidental encroachment occur, the project
applicant shall be required to:
a) Submit a revegetation plan for approval by the Planning Director and the
California Coastal Commission; and
b) After approval of the revegetation plan is granted, the revegetation shall be
required to be completed within two weeks of the time of approval.
Approval of Site Development Plan SDP 86-02(B) is subject to the condition that ail
Special Events, as defined in Section 8.17.010 of the Carisbad Municipal Code
including, but not limited to, golf tournaments and tennis tournaments, shall require
a Special Events Permit, pursuant to Sections 8.17.050 and 8.17.060. Included in
this permit application shall be a parking and circulation plan. Facilities not
essential to the Special Event may be temporarily closed for the length of the event,
as determined to be necessary by the Planning Director.
Approval of Site Development Plan SDP 86-02(B) is subject to the condition that all
retaining wails over a height of six feet shall be treated with landscaping In
accordance with Exhibits “K” - ‘V’, dated September 20, 1995.
The developer shall make a good faith effort to construct a majority of the tennis
courts at the Sports Center, concurrent with the construction of the hotel.
PC RESO NO. 3807 -6-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Eneineerb Conditions:
NOTE: Unless specifically stated in the condition, all of the following engineering
conditions upon the approval of this site plan must be met prior to approval
of any building or grading permits for the project:
25. The owner shall give written consent to the annexation of the area shown within the
boundaries of the site plan into the existing City of Carlsbad Street Lighting and
Landscaping District No. 1 on a form provided by the City.
26. The developer shall comply with the City’s requirements of the National Pollutant
Discharge Elimination System (NPDES) permit. The developer shall provide best
management practices to reduce surface pollutants to an acceptable level prior to
discharge to sensitive areas. Plans for such improvements shall be approved by the
City Engineer prior to issuance of grading or building permit, whichever occurs first.
27. The structural section for the access aisles must be designed with a traffic index of
5.0 in accordance with City Standards due to truck access through the parking area
and/or aisles with an ADT greater than 500. The structural pavement design of the
aisle ways shall be submitted together with required R-value soil test information and
approved by the City as part of the building site plan review.
Water District Conditions:
28. The entire potable water system shall be reviewed and revised to meet latest
District’s Standards and Specifications.
29. The Developer shall be responsible for all fees, deposits and charges which will be
collected before and/or at the time of issuance of the building permit. The San
Diego County Water Authority capacity charge will be collected at issuance of
application for meter installation. The existing fees for plan checking-processing shall
be reviewed and adjusted as necessary.
30. Sequentially, the Developer’s Engineer shall do the following:
a) Meet with the City Fire Marshal and establish any revisions to the original fire
protection requirements. Also obtain any changes in the GPM demand for
domestic and irrigational needs from appropriate plans.
b) Prepare a revised colored reclaimed water use area map and submit to the
Planning Department for processing and approval.
4 Prior to the revision of the water improvement plans, a meeting must be
scheduled with the District Engineer for review, comment and approval of the
preliminary system layouts and usages (i.e. - GPM - EDU).
PC RESO NO. 3807 -7-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
31. This project is approved on the expressed condition that building permits will not be
issued for development of the subject property, unless the water district serving the
development determines that adequate water service and sewer facilities are available
at the time of application for such water service and sewer service permits and will
continue to be available until time of occupancy.
32. The original improvement plans for the sewer and reclaimed water systems were
processed and approved by the City of Carlsbad Engineering Department -- Revision of these systems must be approved by the City Engineer.
33. Potable water improvement plans for Carlsbad Tract No. 85-35, Unit B, City Dwg No
313-5A & 5D, have been approved by the Water District, and these plans must be
revised and meet the conditions as stated above.
General Conditions:
34. If any of the foregoing 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; 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 Resolution.
Code Reminders:
35.
36.
37.
38.
NOTEz The project is subject to all applicable provisions of local ordinances,
including but not limited to the following code requirements:
The Developer shall pay a landscape plan check and inspection fee as required by
Section 20.08.050 of the Carlsbad Municipal Code.
The following note shall be placed on the Final Site Plan: “Prior to issuance of a
building permit for any buildable lot within the subdivision, the Developer shall pay
a one-time special development tax in accordance with the City Council Resolution
No. 91-39.”
Approval of this request shall not excuse compliance with all applicable sections of
the Zoning Ordinance and all other applicable City ordinances in effect at time of
building permit issuance, except as otherwise specifically provide herein.
The project shall comply with the latest non-residential disabled access requirements
pursuant to Title 24 of the State Building Code.
PC RESO NO. 3807 -8-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
39.
40.
41.
42.
43.
44.
45.
46.
,-
AlI roof appurtenances, including air conditioners, shall be architecturally integrated
and concealed from view and the sound buffered from adjacent properties and
streets, in substance as provided in Building Department Policy No. 80-6, to the
satisfaction of the Directors of Planning and Building.
All landscape and irrigation plans shall be prepared to conform with the Landscape
Manual and submitted per the landscape plan check procedures on file in the
Planning Department.
Any signs proposed for this development shall at a minimum be designed in
conformance with the City’s Sign Ordinance and shall require review and approval
of the Planning Director prior to installation of such signs.
Prior to hauling dirt or construction materials to or from any proposed construction
site within this project, the developer shall submit to and receive approval from the
City Engineer for the proposed haul route. The developer shall comply with all
conditions and requirements the City Engineer may impose with regards to the
hauling operation.
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. Prior to the issuance of
grading permit the developer must submit and receive approval for grading plans in
accordance with City Codes and Standards.
NOTE: If the disturbed area is five acres or more, prior to the issuance
of a grading permit or building permit, whichever occurs first,
the developer shall submit proof that a Notice of Intention has
been submitted to the State Water Resources Control Board.
No grading shall occur outside the limits of the project unless a grading or slope
easement is obtained from the owners of the affected properties. If the developer
is unable to obtain the grading or slope easement, the plans shall be modified so
grading wilI not occur outside the project site in a manner which substantially
conforms to the approved site plan as determined by the City Engineer and Planning
Director.
Additional drainage easements may be required. Drainage structures shall be
provided or installed prior to or concurrent with any grading or building permit as
may be required by the City Engineer.
Pretreatment of the sanitary sewer discharge from this project may be required. In
addition to the requirements for a sewer connection permit the developer shall
conform to the requirements of Chapter 13.16 of the Carlsbad Municipal Code. The
applicant shall apply for an industrial waste water discharge permit concurrently with
the building permit for this project.
PC RESO NO. 3807 -9-
.
l
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
47. The developer shall exercise special care during the construction phase of this project
to prevent offsite siltation. Planting and erosion control shall be provided in
accordance with the Carlsbad Municipal Code and the City Engineer.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the
Planning Commission of the City of Carlsbad, California, held on the 20th day of
September, 1995, by the following vote, to wit:
AYES: Chairperson Welshons, Commissioners Savary, Noble, Nielsen,
Erwin, Monroy and Compas.
NOES: None
ABSENT: None
ABSTAINz None
RIM WELSHONS, Chairperson
CARISBAD P LANNING COMMISSION
I/ PC RESO NO. 3807 -lO-