HomeMy WebLinkAbout1997-12-03; Planning Commission; Resolution 4137c (w *
PLANNING COMMISSION RESOLUTION NO. 4137
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
INTO A SINGLE LOT FOR CONDOMINIUM PURPOSES ON
PROPERTY GENERALLY LOCATED AT THE NORTHEAST
CORNER OF ISLAND WAY AND SURFSIDE LANE IN
LOCAL FACILITIES MANAGEMENT ZONE 22.
CASE NAME: SEAPOINTE RESORT EXPANSION
CASE NO.: CT 97-06
WHEREAS, Grand Pacific Resorts, Inc., “Developer”, has filed a ver
application with the City of Carlsbad regarding property owned by Carlsbad Seapointe Rc
11, L.P., “Owner”, described as
CARLSBAD TRACT CT 97-06 TO SUBDIVIDE .50 ACRES
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That portion of Lot 2, Section 20, Township 12 South, Range 4
West, San Bernardino Base and Meridian, in the City of
Carlsbad, County of San Diego, State of California, according
to the Official Plat thereof, bounded on the west by the easterly
line of the land described in Deed to the State of California
recorded October 4, 1951, in Book 4253, Page 578 of Official
Records as Document No. 121143, bounded on the east by the
westerly line of that parcel of land conveyed in Deed to
Atchison, Topeka and Santa Fe Railway Company, recorded
January 29, 1946 as Document No. 9749, in Book 2031, Page
277 of Official Records; bounded on the south by the northerly
line of La Costa Downs, Unit No. 1 according to Map thereof
No. 2013, and bounded on the north by the north line of the
south 60 acres of Lots 1, 2 and 3 and the southeast quarter of
the southeast quarter of Section 20 and Lot 4 and the
southwest quarter of southwest quarter of Section 21,
Township 12 South, Range 4 West, San Bernardino Base and
Meridian, excepting from said Lots 1 and 2, and portions
thereof, now or herebefore lying below the mean high tide line
of the Pacific Ocean
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Tentative 1
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Map as shown on Exhibit(s) “L” - “N” dated December 3, 1997, on file with the Plam
Department Carlsbad Tract CT 97-06, as provided by Chapter 20.04 of the Carl:
Municipal Code; and
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WHEREAS, the Planning Commission did, on the 3rd day of December
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 testi-
and arguments, if any, of persons desiring to be heard, said Commission considered all fa
relating to the Tentative Tract Map.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plar
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 Commi:
APPROVES Tentative Tract Map CT 97-06, based on the following fin(
and subject to the following conditions:
Findings:
1. The Planning Commission of the City of Carlsbad has reviewed, analyzed and consic
the Negative Declaration, the environmental impacts therein identified for this projecr
any comments thereon prior to APPROVING the project. Based on the EIA Part I1
comments thereon, the Planning Commission finds that there is no substantial evid
the project will have a significant effect on the environment and thereby APPROVE!
Negative Declaration.
2. That the proposed map and the proposed design and improvement of the subdivisic
conditioned, is consistent with and satisfies all requirements of the General Plan,
applicable specific plans, Titles 20 and 21 of the Carlsbad Municipal Code, and the 1
Subdivision Map Act, and will not cause serious public health problems, in that the 1
is a single lot for condominium purposes.
3. That the proposed project is compatible with the surrounding future land uses s
surrounding properties are designated for Commercial Tourist and Reside]
development on the General Plan, in that the project is the expansion of an exis
timeshare/hotel. The existing facility set the precedent regarding the compatib
of uses. ~
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4. That the site is physically suitable for the type and density of the development since
site is adequate in size and shape to accommodate development at the intensity propo
in that the project is proposed within the setback and height regulations for the 2
and will provide all of the required parking onsite.
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5. 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 there are no such access easements or required over the property.
6. That the property is not subject to a contract entered into pursuant to the
Conservation Act of 1965 (Williamson Act).
7. That the design of the subdivision and improvements are not likely to cause substz
environmental damage nor substantially and avoidably injure fish or wildlife or
habitat, in that there is no evidence that there are sensitive species of fish or wil
on the site nor is there evidence of sensitive habitat.
8. That the discharge of waste from the subdivision will not result in violation of exi
California Regional Water Quality Control Board requirements, in that all dischargt
be managed through adherence to the National Pollution Discharge Eliminr
System (NPDES).
9. The Planning Commission finds that the project, as conditioned herein for Seapc
Resort Expansion, is in conformance with the Elements of the City's General 1
based on the following:
a) Land Use: The project is a single lot subdivision for use as a time:
development which is consistent with the General Plan Travel-Recre,
Commercial designation.
b) Circulation: The anticipated additional ADT for the development is 136 w
does not conflict with the Circulation Element.
c) Noise: The project will not generate significant noise. However, it is loc
adjacent to a Prime Arterial Roadway and a north-south rail corridor. The prc
has been designed to provide noise attenuation through building design.
d) Housing: The project will not affect existing housing.
e) Open Space and Conservation: The project will not affect open space.
f) Public Safety: The project can be adequately serviced by existing emerg
services.
g) Parks and Recreation: The project will not create the need for additional par1
recreation services.
h) Arts: 'The project will not preclude public art or art programs.
10. The project is consistent with the City-Wide Facilities and Improvements Plan,
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applicable local facilities management plan, and all City public facility policier
ordinances since:
a) The project has been conditioned to ensure that building permits will not be i:
for the project unless the District Engineer determines that sewer semi
available, and building cannot occur within the project unless sewer se
remains available, and the District Engineer is satisfied that the requireme1
the Public Facilities Element of the General Plan have been met insofar as
apply to sewer service for this project.
b) Statutory School fees will be paid to ensure the availability of school faciliti
the Carlsbad School District.
c) All necessary public improvements have been provided or are require
conditions of approval.
d) The developer has agreed and is required by the inclusion of an appro1
condition to pay a public facilities fee. Performance of that contract and pay
of the fee will enable this body to find that public facilities will be avai
concurrent with need as required by the General Plan.
e) The project has been conditioned to pay any increase in public facility fee, 01:
construction tax, or development fees, and has agreed to abide by any addit
requirements established by a Local Facilities Management Plan pre1
pursuant to Chapter 21.90 of the Carlsbad Municipal Code. This will e1
continued availability of public facilities and will mitigate any cumulative iml
created by the project.
f) This project has been conditioned to comply with any requirement approw
part of the Local Facilities Management Plan for Zone 22.
g) That all necessary public facilities required by the Growth Manage:
Ordinance will be constructed or are guaranteed to be constructed concurr
with the need for them created by this project and in compliance with ad(
City standards, in that the project is required by condition to complete s
improvements on Island Way and Surfside Lane.
1 1. The Planning Commission has reviewed each of the exactions imposed on the Devel
contained in this resolution, and hereby finds, in this case, that the exactions are imp
to mitigate impacts cause by or reasonably related to the project, and the extent an(
degree of the exaction is in rough proportionality to the impact caused by the project.
Conditions:
1. The Planning Commission does hereby APPROVE the Tentative Tract Map fol
project entitled Seapointe Resort Expansion (Exhibit(s) “L”-“N” dated December
1997 on file in the Planning Department and incorporated by this reference, subject tc
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conditions herein set forth). Staff is authorized and directed to make, or re
Developer to make, all corrections and modifications to the Tentative Tract
document(s), as necessary, to make them internally consistent and in conformity
final action on the project. Development shall occur substantially as shown il
approved Exhibits. Any proposed development substantially different fiom this appr
shall require an amendment to this approval.
2. The Developer shall comply with all applicable provisions of federal, state, and
ordinances in effect at the time of building permit issuance.
3. The Developer/Operator shall and does hereby agree to indemnify, protect, defend
hold harmless the City of Carlsbad, its Council members, officers, employees, agents
representatives, from and against any and all liabilities, losses, damages, demands, cl
and costs, including court costs and attorney’s fees incurred by the City arising, dir
or indirectly, from (a) City’s approval and issuance of this Tentative Tract Ma€
City’s approval or issuance of any permit or action, whether discretionary or
discretionary, in connection with the use contemplated herein, and
Developer/Operator’s installation and operation of the facility permitted he
including without limitation, any and all liabilities arising fiom the emission b!
facility of electromagnetic fields or other energy waves or emissions.
4. The Developer shall provide the City with a reproducible 24,’ x 36”, mylar copy c
Site Plan as approved by the final decision making body. The Site Plan shall reflec:
conditions of approval by the City. The Plan copy shall be submitted to the
Engineer and approved prior to building, grading, final map, or improvement
submittal, whichever occurs first.
5. The Developer shall include, as part of the plans submitted for any permit plan che
reduced legible version of the approving Tentative Tract Map resolution on a 24” J
blueline drawing.
6. Building permits will not be issued for development of the subject property unles
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.
7. The Developer shall pay the public facilities fee adopted by the City Council on Julj
1987, (amended July 2, 1991) and as amended fiom time to time, and any develop1
fees established by the City Council pursuant to Chapter 21.90 of the Carlsbad Munil
Code or other ordinance adopted to implement a growth management system or Faci:
and Improvement Plan and to fulfill the subdivider’s agreement to pay the pi
facilities fee dated November 1, 1997, a copy of which is on file with the City Clerk
is incorporated by this reference. If the fees are not paid, this application will nc
consistent with the General Plan and approval for this project will be void.
8. The Developer shall provide proof of payment of statutory school fees to mit
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conditions of overcrowding as part of the building permit application. The amou
these fees shall be determined by the fee schedule in effect at the time of building pc
application.
9. This project shall comply with all conditions and mitigation measures which are req
as part of the Zone 22 Local Facilities Management Plan and any amendments ma
that Plan prior to the issuance of building permits, including, but not limited tc
following:
Improvements to Island Way and Surfside Lane.
10. If any condition for construction of any public improvements or facilities, or the pay
of any fees in-lieu thereof, imposed by this approval or imposed by law on this projec
challenged this approval shall be suspended as provided in Government Code Se
66020. If any such condition is determined to be invalid this approval shall be in
unless the City Council determines that the project without the condition complies
all requirements of law.
11. This approval shall be null and void if the project site subject to this approval i
annexed to City of Carlsbad CFD No. 1 within 60 days of the approval. The City
not issue any grading, building, or other permit, until the annexation is completed.
City Manager is authorized to extend the 60 days, for a period not to exceed 60 I
upon a showing of good cause.
12. An exterior lighting plan including parking areas shall be submitted for Planning Dil
approval. All lighting shall be designed to reflect downward and avoid any impac
the adjacent La Costa Downs homes or property.
13. No outdoor storage of materials shall occur onsite unless required by the Fire Chie
such instance a storage plan will be submitted for approval by the Fire Chief an
Planning Director.
14. The Developer shall prepare a detailed landscape and irrigation plan in conformance
the City’s Landscape Manual. The plans shall be submitted to and approval obt
from the Planning Director prior to the approval of the final map, grading perm
building permit, whichever occurs first. The Developer shall construct and instz
landscaping as shown on the approved plans, and maintain all landscaping in a he
and thriving condition, free from weeds, trash, and debris.
15. Prior to any grading of the project site, a paleontologist shall be retained to perf(
walkover survey of the site and to review the grading plans to determine if the pro]
grading will impact fossil resources. A copy of the paleontologist’s report sk
provided to the Planning Director prior to issuance of a grading permit. If this rr
finds the potential for significant paleontological resources, then the folla
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measures shall be implemented:
a) A qualified paleontologist shall be retained to perform periodic inspections c
site and to salvage exposed fossils. Due to the small nature of some of the fi
present in the geologic strata, it may be necessary to collect matrix sample
laboratory processing through fine screens. The paleontologist shall 1
periodic reports to the Planning Director during the grading process; and
b) The paleontologist shall be allowed to divert or direct grading in the area
exposed fossil in order to facilitate evaluation and, if necessary, salvage artii
and
c) All fossils collected shall be donated to a public, non-profit institution w
research interest in the materials, such as the San Diego Natural History Mus
and
d) Any conflicts regarding the role of the paleontologist and the grading activiti
the project shall be resolved by the Planning Director and City Engineer.
16. The Developer is aware that the City is preparing a non-residential housing impac
(linkage fee) consistent with Program 4.1 of the Housing Element. The applics
further aware that the City may determine that certain non-residential projects may
to pay a linkage fee, in order to be found consistent with the Housing Element o
General Plan. If a linkage fee is established by City Council ordinance and/or resoll
and this project becomes subject to a linkage fee pursuant to said ordinance a~
resolution, then the Developer, or his/her/their successor(s) in interest shall pas
linkage fee. The linkage fee shall be paid at the time of issuance of building per
except for projects involving a request for a non-residential planned development fi
existing development, in which case, the fee shall be paid on approval of the final
parcel map or certificate of compliance, required to process the non-residential I
whichever pertains. If linkage fees are required for this project, and they are not paid
project will not be consistent with the General Plan and approval for this project
become null and void.
Engineering:
NOTE: Unless specifically stated in the condition, all of the following enginec
conditions upon the approval of this proposed major subdivision must be met prior to appro\
a final map.
17. Prior to issuance of any building permit, the developer shall comply with
requirements of the City’s anti-graffiti program for wall treatments if and when SI
program is formerly established by the City.
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18. The developer shall defend, indemnify and hold harmless the City and its agents, off
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 City
Planning Commission or City Engineer which has been brought against the City v
the time period provided for by Section 66499.37 of the Subdivision Map Act.
19. Prior to hauling dirt or construction materials to or from any proposed constructio~
within this project, the developer shall submit to and receive approval from the
Engineer for the proposed haul route. The developer shall comply with all condition
requirements the City Engineer may impose with regards to the hauling operation.
20. Prior to issuance of a building permit for any buildable lot within the subdivisior
property owner shall pay a one-time special development tax in accordance with
Council Resolution No. 91-39.
21. The developer shall pay all current fees and deposits required.
22. The owner of the subject property shall execute an agreement holding the City han
regarding drainage across the adjacent property.
23. Prior to approval of any grading or building permits for this project, the owner shall
written consent to the annexation of the area shown within the boundaries o
subdivision plan into the existing City of Carlsbad Street Lighting and Landsc;
District No. 1 on a form provided by the City.
24. Based upon a review of the proposed grading and the grading quantities shown o
tentative map, a grading permit for this project appears to be required. The deve
must submit and receive approval for grading plans in accordance with City code
standards prior to issuance of a building permit for the project.
25. Right-of-way shall be dedicated by the owner along the project frontage on Surfside
based on a center line to right-of-way width of thirty (30) feet and in conformance
City of Carlsbad Standards.
26. Eleven (1 1) feet shall be dedicated by the owner along the project frontage on Island
based on a center line to right-of-way width of twenty-eight (28) feet and in confom
with City of Carlsbad Standards.
27. Direct access rights for all lots abutting Island Way shall be waived on the final map
28. The developer shall comply with the City's requirements of the National Pol
Discharge Elimination System (NPDES) permit. The developer shall provide
management practices as referenced in the "California Storm Water Best Managt
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Practices Handbook" to reduce surface pollutants to an acceptable level prior to disc1
to sensitive areas. Plans for such improvements shall be approved by the City Engi
Said plans shall include but not be limited to notifying prospective owners and tenm
the following:
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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 storm l
or storm water conveyance systems. Use and disposal of pesticides, hgic
herbicides, insecticides, fertilizers and other swh chemical treatments shall
Federal, State, County and City requirements as prescribed in their respe
containers.
c) Best Management Practices shall be used to eliminate or reduce surface polh
when planning any changes to the landscaping and surface improvements.
29. 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 security as pro\
by law, improvements shown on the tentative map and .the following improvements:
a) Curb, gutter, sidewalk, paving, and street lights to complete full width s
improvements along the project frontage on Surfside Lane.
b) Curb, gutter, sidewalk, paving, and street lights to complete full width :
improvements along the project frontage on Island Way.
c) A list of the above improvements shall be placed on an additional map she!
the final map per the provisions of Sections 66434.2 of the Subdivision Map
Improvements listed above shall be constructed within 18 months of appro\
the secured improvement agreement or such other time as provided in
agreement.
30. Prior to issuance of building permit, the developer shall file and receive approv
a boundary adjustment application from the City with the purpose of merging
project site with the adjacent lot to the north.
3 1. Note(s) to the following effect(s) shall be placed on the final map as non-mapping dti
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e (I,
a) The owner of this property on behalf of itself and all of its successors in in.
has agreed to hold harmless and indemnify the City of Carlsbad from any a
that may arise through any geological failure, ground water seepage or
subsidence and subsequent damage that may occur on, or adjacent to,
subdivision due to its construction, operation or maintenance.
b) No structure, fence, wall, tree, shrub, sign, or other object over 30 inches 2
the street level may be placed or permitted to mcroach within the area iden
as a sight distance corridor in accordance with City Standard Public Street-D
Criteria, Section 8.B.3. The underlying property owner shall maintain
condition.
Fire:
32. Prior to issuance of building permits, the Fire Department shall evaluate building :
for conformance with applicable fire and safety requirements of state and local fire c(
33. Provide additional public fire hydrants at intervals of 300 feet along public street:
private driveways. Hydrants should be located at street intersections when possiblt
should be positioned no closer than 100 feet from terminus of a street or driveway.
34. Applicant shall submit a site plan to the Fire Department for approval, which dc
location of required, proposed and existing public wa1:er mains and fire hydrants.
plan should include off-site fire hydrants within 200 feet of the project.
35. Applicant shall submit a site plan depicting emergency access routes, driveway!
traffic circulation for Fire Department approval.
36. An all weather, unobstructed access road suitable for emergency service vehicles sh,
provided and maintained during construction. When in the opinion of the Fire Chie
access road has become unserviceable due to inclement weather or other reasons, he
in the interest of public safety, require the construction operations to cease unti
condition is corrected.
37. All required water mains, fire hydrants and appurtenances shall be operational b
combustible building materials are located on the construction site.
38. Prior to inspection, all security gate systems controlling vehicular access sha
equipped with a “Knox”, key operated emergency device. Applicant shall contac
Fire Prevention Bureau for specifications and approvals prior to installation.
39. Prior to building occupancy, private roads and driveways which serve as required a
for emergency vehicles shall be posted as fire lanes in. accordance with the require1
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of section 17.04.020 of the Carlsbad Municipal Code.
40. Prior to the issuance of a building permit, the applicant shall obtain fire depari
approval of a wildland fuel management plan. Th'e plan shall clearly indicatc
methods proposed to mitigate and manage fire risk associated with native veget,
growing within 60 feet of structures. The plan shall reflect the standards presented i:
fire suppression element of the City of Carlsbad Landscape Guidelines Manual.
41. Prior to occupancy of buildings, all wildland fuel mitigation activities must be coml
and the condition of all vegetation within 60 feet of structures found to be in conforn
with an approved wildland fuel management plan.
42. The applicant shall provide a street map which conforms with the follo
requirements: A 400 scale photo-reduction mylar, depicting proposed improvement5
at least two existing intersections or streets. The map shall also clearly depict 5
centerlines, hydrant locations and street names.
43. A monument sign shall be installed at the entrance to the driveway or private 2
indicating the addresses of the buildings on site.
Water
44. The entire potable water system, reclaimed water system and sewer system shal
evaluated in detail to insure that adequate capacity, pressure and flow demands ca
met.
45. The Developer shall be responsible for all fees, deposits and charges which wil
collected before and/or at the same time of issuance of the building permit. The
Diego County Water Authority capacity charge will be collected at the issuanc
application for water meter installation.
46. Sequentially the developer shall do the following:
a) Meet with the Fire Marshal and establish the fire protection requirements. A
obtain G.P.M. demand for domestic and irrigational needs from approp
parties.
b) Prepare a colored reclaimed water use area map and submit to the Plan
Department for processing and approval.
c) Prior to the preparation of sewer, water and reclaimed water improvement pla~
meeting must be scheduled with the District Engineer for review, comment
approval of the preliminary system layouts and usages (i.e. - GPM - EDU).
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47. This project is approved upon the expressed condition that building permits will nl
issued for the development of the subject property unless the water district servinl
development determines that adequate water service and sewer permits will contin
be available until time of occupancy. This note shall be placed on the final map.
48. If any of the foregoing conditions fail to occur; or if they are, by their terms, I
implemented and maintained over time; if any of such conditions fail to bc
implemented and maintained according to their terms, the City shall have the rig1
revoke or modify all approvals herein granted; deny o:r fwther condition issuance c
future building permits; deny, revoke or further condition all certificates of occup
issued under the authority of approvals herein granted; institute and prosecute litigatic
compel their compliance with said conditions or seek. damages for their violation
vested rights are gained by Developer or a successor in interest by the City’s approv
this Tract Map.
Code Reminders:
49. The following note shall be placed on the Final Map: “Prior to issuance of a buil
permit for any buildable lot within the subdivision, the Developer shall pay a one-
special development tax in accordance with the City Council Resolution No. 9 1-39.”
50. Approval of this request shall not excuse compliance with all applicable sections 0:
Zoning Ordinance and all other applicable City ordinances in effect at time of buil
permit issuance, except as otherwise specifically provided herein.
51. The project shall comply with the latest non-residential disabled access requirelr
pursuant to Title 24 of the State Building Code.
52. All roof appurtenances, including air conditions, shall be architecturally integrated
concealed fiom view and the sound buffered from adjacent properties and street:
substance as provided in Building Department Policy No. 80-6, to the satisfaction oJ
Directors of Community Development and Planning.
53. Any signs proposed for this development shall at a minimum be designed in conform;
with the City’s Sign Ordinance and shall require revilew and approval of the Plan:
Director prior to installation of such signs.
54. The developer shall exercise special care during the co.nstruction phase of this projec
prevent offsite siltation. Planting and erosion control shall be provided in accord;
with the Carlsbad Municipal Code and the City Engineer.
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1 PASSED, APPROVED AND ADOPTED at a regular meeting of the Plar
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Commission of the City of Carlsbad, California, held on the 3rd day of December 1997, b:
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following vote, to wit:
AYES: Commissioners Compas, Heineman, Monroy, Noble and Saval
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NOES: Chairperson Neilsen and Commiz;sioner Welshons
ABSENT:
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ABSTAIN: - I W ROBERT NIELSEN, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST: A
Planning Director /"
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