HomeMy WebLinkAbout1996-09-18; Planning Commission; Resolution 3987c e 0
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PLANNING COMMISSION RESOLUTION NO. 3987
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
AN 8 LOT AND 161 TIMESHARE UNIT NONRESIDENTIAL
SUBDIVISION ON 12.20 ACRES GENERALLY LOCATED ON
THE WEST SIDE OF ARMADA DRIVE, NORTH OF
PALOMAR AIRPORT ROAD WITHIN PLANNING AREA 3 OF
THE CARLSBAD RANCH SPECIFIC PLAN
CASENAME: CARLSBAD RANCH HOTEL AND
CASE NO.: CT 96-01
WHEREAS, Grand Pacific Resorts, Inc. “Developer”, has filed a ver
application with the City of Carlsbad regarding property owned by CARLTAS, “OM
described as
APPROVAL OF TENTATIVE TRACT MAP NO. CT 96-01 FOR
TIMESHARE RESORT
Lot 14 of Carlsbad Tract No. 92-7 in the City of Carlsbad,
County of San Diego, State of California, according to map
thereof No. 13215, filed in the Office of the County Recorder
of San Diego County on June 30,1995.
(the “Property”); and
WHEREAS, said verified application constitutes a request for a Tentative r
Map as shown on Exhibits “Q” - “V”, dated September 18, 1996, on file in the Plan
Department, (Carlsbad Ranch Hotel and Timeshare Resort CT 96-01), and as provide
Chapter 20.12 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 18th day of September 1
hold a duly noticed public hearing to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testi
and arguments, if any, of all persons desiring to be heard, said Commission considered all f
relating to CT 96-01.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Pla
28 ll Commission of the City of Carlsbad as follows:
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A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commj
RECOMMENDS APPROVAL of Tentative Tract Map, CT 96-01, based c
following findings and subject to the following conditions:
Findings:
1. That the proposed map and the proposed design and improvement of the subdivisi
conditioned, is consistent with and satisfies all requirements of the General Plar
applicable specific plans, Title 20 and 21 of the Carlsbad Municipal Code, and the
Subdivision Map Act, and will not cause serious health problems, in that the desigl
improvements for the map are in compliance with all applicable city policier
standards, in addition to all requirements of the Carlsbad Ranch Specific Plan
necessary public facilities and services needed to serve the development are 01
be in place prior to occupancy of any building proposed for the project site.
2. That the proposed project is compatible with the surrounding future land uses
surrounding properties are designated for nonresidential development or open spa
the General Plan, in that the Carlsbad Ranch has been developed to prl
appropriate buffering between land uses through the arrangement of uses an
inclusion of development standards to ensure land use compatibility.
3. That the site is physically suitable for the type and density of the development sin(
site is adequate in size and shape to accommodate nonresidential development :
intensity proposed, in that all public facility and service requirements have
planned for the maximum buildout allowed under the Carlsbad Ranch Sp
Plan, which this project does not exceed, and all applicable code requirements
been met relative to the site design.
4. That the design of the subdivision or the type of improvements will not conflict
easements of record or easements established by court judgment, or acquired b
public at large, for access through or use of property within the proposed subdivisic
that all existing easements of record within the project are consistent wit1
proposal or shall be relocated as necessary concurrent with recordation of the
map.
5. That the property is not subject to a contract entered into pursuant to the
Conservation Act of 1965 (Williamson Act) as areas adjacent to the project sit
subject to a Land Conservation Contract, however this lot is not under contracl
6. That the design of the subdivision provides, to the extent feasible, for future passj
natural heating or cooling opportunities in the subdivision, in that adequate separa
are provided between buildings and structures are oriented in several difl
directions to take advantage of the site's ridge-top location.
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7. That the design of the subdivision and improvements are not likely to cause subst
environmental damage nor substantially and avoidably injure fish or wildlife or
habitat, in that the project site has been previously graded pursuant to
environmental review and currently exists as a vacant development pad.
8. That the discharge of waste from the subdivision will not result in violation of ex
California Regional Water Quality Control Board requirements, in that the PI
includes a drainage system designed to remove pollutants from drainage 1
before it leaves the site.
Planning Conditions:
1. The Planning Commission does hereby recommend approval of the Tentative ‘
Map for the Carlsbad Ranch Hotel & Timeshare Resort project entitled “CT 9(
(Exhibit “Q”-“V” dated September 18, 1996 on file in the Planning Departmer
incorporated by this reference,), subject to the conditions herein set forth. St
authorized and directed to make or require the Developer to make all correction
modifications to the Tentative Map documents, as necessary to make them inte
consistent and in conformity with final action on the project. Development shall
substantially as shown on the approved exhibits. Any proposed develol
substantially different from this approval, shall require an amendment to this approv
2. The Developer shall provide the City with a reproducible 24” x 36”, mylar copy I
Tentative Map as approved by the final decision making body. The Tentative
shall reflect the conditions of approval by the City. The Map copy shall be submit
the City Engineer and approved prior to building, grading, final map, or improvc
plan submittal, whichever occurs first.
3. The final map shall not be approved unless the City Council finds as of the time ol
approval that sewer service is available to serve the subdivision.
4. Building permits will not be issued for development of the subject property unle
District Engineer determines that sewer facilities are available at the time of applic
for such sewer permits and will continue to be available until time of occupancy. P
to this effect shall be placed on the final map.
5. Approval of CT 96-01 is granted subject to the approval of SDP 96-01, PUD 96-0
CUP 96-11. CT 96-01 is subject to all conditions contained in Planning Comm
Resolutions No. 3986,3988 and 3989 for the Site Development Plan, Non-resid
Planned Unit Development and Conditional Use Permit.
6. The Developer shall establish a homeowner’s association and corresponding cove
conditions and restrictions. Said CC&Rs shall be submitted to and approved 1
Planning Director prior to final map approval.
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7. The pedestrian promenade improvements identified in the specific plan and o
project plans shall be constructed prior to the occupancy of the first phase a
project.
8. All units in the timeshare portion of the project shall be timeshare units exc
permanent on-site management residence unit may be permitted. The maxi
time increment for recurrent exclusive use of occupancy of a timeshare unit shr
four months. A note indicating this requirement shall be placed on the final
for the project.
Engineering Conditions:
9. There shall be one final subdivision map recorded for this project.
10. This project is approved as 4 (maximum) phases for construction. Prior to issl
of grading or building permits a Complete Phasing Plan shall be approved t
satisfaction of the Planning Director and the City Engineer. Lots 4, 5, 6 and 7
be merged following construction and prior to Occupancy of the last phase,
Paving, Drainage, Access and Hardscape surfaces at the entrance sha
constructed with Phase 1 of this project.
Unless specifically stated in the condition, all of the following Engineering conditions up(
approval of this proposed major subdivision must be met prior to approval of a final map.
1 1. The Developer shall provide an acceptable means for maintaining the private ease:
within the subdivision and all the private streets, sidewalks, street lights, storm
facilities and sewer facilities located therein and to distribute the costs of
maintenance in an equitable manner among the owners of the properties withj
subdivision. Adequate provision for such maintenance shall be included with the CC
subject to the approval of the City Engineer.
12. The developer shall defend, indemnify and hold harmless the City and its agents, of
and employees from any claim, action or proceeding against the City or its a
officers, or employees to attack, set aside, void or null an approval of the Cit:
Planning Commission or City Engineer, which has been brought against the City 7
the time period provided for by Section 66499.37 of the Subdivision Map Act.
13. Prior to hauling dirt or construction materials to or from any proposed constructic
within this project, the Developer shall submit to and receive approval from tht
Engineer for the proposed haul route. The Developer shall comply with all conc
and requirements the City Engineer may impose with regards to the hauling operatic
14. The Developer shall provide for sight distance corridors at all street intersectic
accordance with Engineering Standards and shall record the following statement
project CC&Rs:
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“NO structure, fence, wall, tree, shrub, sign or other object over 30
inches above the street level may be placed or permitted to encroach
within the area identified as a sight distance corridor in accordance
with City Standard Public Street-Design Criteria, Section 8.B.3. The
underlying property owner shall maintain this condition.”
The above statement shall be placed on a non-mapping data sheet on the final map.
15. Prior to issuance of a building permit for any buildable lot within the subdivision
property owner shall pay a one-time special development tax in accordance with
Council Resolution No. 91-39.
16. The Developer shall pay all current fees and deposits required.
17. The owner of the subject property shall execute an agreement holding the City ham
regarding drainage across the adjacent property.
18. As required by state law, the subdivider shall submit to the City an applicatiol
segregation of assessments along with the appropriate fee. A segregation is not reql
if the developer pays off the assessment on the subject property prior to the record,
of the final map. In the event a segregation of assessments is not recorded and pro]
is subdivided, the full amount of assessment will appear on the tax bills of each new
19. The owner shall execute a hold harmless agreement for geologic failure, ground I
seepage or land subsidence and any damage that may occur as part of this developml
20. Prior to approval of any grading or building permits forthis project, the owner shall
written consent to the annexation of the area shown within the boundaries 01
subdivision into the existing City of Carlsbad Street Lighting and Landscaping Di
No. 1 on a form provided by the City.
21. The owner shall grant a covenant of easement for access, parking, sewer, water
drainage easement as shown on the tentative map. The covenant of easement sha
shown and recording information called out on the final map.
22. Additional drainage easements may be required. Drainage structures shall be pro1
or installed prior to or concurrent with any grading or building permit as ma
required by the City Engineer.
23. An offer of dedication for an easement for Traffic Signal Equipment and 1
Detectors at the main access shall be made on the Final map for this project.
24. The owner shall make an offer of dedication to the City for all pubic streets
easements required by these conditions or shown on the tentative map. The offer
be made by a certificate on the final map. All land so offered shall be granted to the
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free and clear of all liens and encumbrances and without cost to the City. Streets tha
already public are not required to be rededicated.
25. Direct access rights for all lots abutting Armada Drive except the Main access st
on the tentative map shall be waived on the final map.
26. The Developer shall comply with the City’s requirements of the National Poll
Discharge Elimination System (NPDES) permit. The Developer shall provide
management practices as referenced in the “California Storm Water Best Manage
Practices Handbook” to reduce surface pollutants to an acceptable level pric
discharge to sensitive areas. Plans for such improvements shall be approved by the
Engineer. Said plans shall include, but not be limited to, notifying prospective ov
and tenants of the following:
a) All owners and tenants shall coordinate efforts to establish or work
established disposal programs to remove and properly dispose of toxic
hazardous waste products.
b) Toxic chemicals or hydrocarbon compounds such as gasoline, motor
antifreeze, solvents, paints, paint thinners, wood preservatives and other
fluids shall not be discharged into any street, public or private, or into s
drain or storm water conveyance systems. Use and disposal of pestic
fungicides, herbicides, insecticides, fertilizers and other such chemical treatn
shall meet federal, state, county and city requirements as prescribed in
respective containers.
c) Best Management Practices shall be used to eliminate or reduce su:
pollutants when planning any changes to the landscaping and su:
improvements.
27. Plans, specifications, and supporting documents for all public improvements sha
prepared to the satisfaction of the City Engineer. In accordance with City Standard:
developer shall install, or agree to install and secure with appropriate securit:
provided by law, improvements shown on the site plan and the follol
improvements:
1. Modification to the Medians in Armada Drive.
2. NCTD bus turnout on Armada Drive.
3. Signing and striping plan for Armada Drive modifications
4. Sewer, water and storm drain connections or relocations.
5. The design and construction of a fully actuated Traffic Signal at the 1
Entrance and Armada Drive.
A list of the above improvements shall be placed on an additional map sheet on the
map per the provisions of Sections 66434.2 of the Subdivision Map Act. Improven
listed above shall be constructed within 18 months of approval of the sec
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improvement agreement or such other time as provided in said agreement. The Tr
Signal shall be installed at a time directed by the City Engineer.
28. Notes to the following effects shall be placed on the final map as non-mapping data:
a) Lots 4, 5, 6 and 7 shall be merged together after construction and pric
occupancy of the last phase.
b) All onsite improvements are considered private and are to be priv:
maintained.
c) This project is adjacent to an existing Agricultural Land Use. Pestic
dust and fertilizers may be used within a relatively close proximit
proposed Hotel, Timeshare and Restaurant uses. The Developer anc
successors in interest shall indemnifjr and hold harmless the City fron
actions arising from the adjacent agricultural land use.
Water Conditions:
29. Building permits will not be issued for development of the subject property unless tl
water district serving the development determines that adequate water service a~
sewer facilities are available at the time of application for such water service a1
sewer permits will continue to be available until time of occupancy. This note sh
be placed on the final map.
Standard Code Reminders:
30. The following note shall be placed on the Final Map: “Prior to issuance of a bu
permit for any buildable lot within the subdivision, the Developer shall pay a on<
special development tax in accordance with the City Council Resolution No. 91-39.’
General:
31. If any of the foregoing conditions fail to occur; or if they are, by their terms,
implemented and maintained over time; if any of such conditions fail to 1
implemented and maintained according to their terms, the City shall have the ril
revoke or modify all approvals herein granted; deny or further condition issuance
future building permits; deny, revoke or further institute and prosecute litigati
compel their compliance with said conditions or seek damages for their violatio
vested rights are gained by Developer or a successor in interest by the City’s appro
this Tentative Tract Map.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the pla
Commission of the City of Carlsbad, California, held on the 18th day of September 19!
the following vote, to wit:
AYES: Chairperson Compas, Commissioners Heineman, Nielsen, b
Savary and Welshons
NOES: Commissioner Monroy
ABSENT: None
ABSTAIN: None
WILLIAM COMPAS, Chairperson’
CARLSBAD PLANNING COMMISSION
ATTEST:
\
” MICHAEL J. HOLZM~~LER
Planning Director
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