HomeMy WebLinkAbout1998-01-07; Planning Commission; Resolution 42201
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PLANNING COMMISSION RESOLUTION NO. 4220
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
19 TO ALLOW THE CONSTRUCTION AND OPERATION OF
A 162 UNIT HOTEL ON PROPER-TY GENERALLY LOCATED
ON THE SOUTHEAST CORNER OF CARLSBAD
BOULEVARD AND PALOMAR AIRPORT ROAD IN LOCAL
FACILITIES MANAGEMENT ZONE 22.
CASE NAME: PALOMAR 13EACH RESORT
CASE NO. : SDP 97- 19
WHEREAS, Palomar Beach Resort, LLC, “Developer”, has filed a
application with the City of Carlsbad regarding property owned by Palomar Beach
LLC, “Owner”, described as
APPROVAL OF A SITE DEVELOPMENT PLAN NO. SDP 97-
A portion of Lot “H” of Rancho Aqua Hedionda, in the City of
Carlsbad, County of San Diego, State of California, according
to partition map thereof no. 823, filed in the Office of the
County Recorder of San Diego County, November 16,1896
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Site Dew
Plan as shown on Exhibits “A” - “0” dated January 7, 1998, on file in the :
Department, Site Development Plan SDP 97-19 as provided by Chapter 21.06 of the 1
Municipal Code; and
WHEREAS, the Planning Commission did, on the 7th day of Januar:
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 tc
and arguments, if any, of all persons desiring to be heard, said Commission considered a
relating to the Site Development Plan.
WHEREAS, the City Council adopted Urgency Ordinance NS-424 on
15, 1997, which requires all pending and future clDmmercia1 projects within the area co
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Urgency Ordinance NS-424 and subject to Planning Commission review shall be re
undergo City Council review and approval regardless of current zoning ordinance re
regarding review and approval of land use entitlements.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the
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 I
Commission RECOMMENDS APPROVAL of a Site Development P1;
97-19 based on the following findings and subject to the following condit
Findings:
1. That the requested use is properly related to the site, surroundings and envirc
settings, is consistent with the various elements and objectives of the General F
not be detrimental to existing uses or to uses specifically permitted in the area
the proposed use is to be located, and will not adversely impact the site, surrour
traffic circulation, in that adequate buffers are provided adjacent to the neig
residential area, no significant vistas being occluded by the hotel and safe
and circulation facilities are being provided or are conditioned to be provide
2. That the site for the intended use is adequate in size and shape to accommodate tl
that the hotel building, parking, circulation and landscaping can fit within tk
size of the site, including all future dedications for Palomar Airport Rc
Carlsbad Boulevard.
3. That all yards, setbacks, walls, fences, landlscaping, and other features necessary
the requested use to existing or permitted future uses in the neighborhood
provided and maintained, in that the hotel is setback 50 feet or more fl
Carlsbad Boulevard travel lanes and 80 feet or more from the adjacent mobi
park, and privacy walls and landscaping; buffers are being provided.
4. That the street systems serving the proposed use is adequate to properly handle 2
generated by the proposed use, in that the arterials of Carlsbad Boulev:
Palomar Airport Road can accommodate the 1,296 additional average dail:
trips generated by the project.
5. The Planning Commission of the City of Carlsbad has reviewed, analy:
considered the Negative Declaration, the environmental impacts therein identifiec
project and any comments thereon prior 'to RECOMMENDING APPROVAI
project. Based on the EIA Part I1 and comments thereon, the Planning Corn
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finds that there is no substantial evidence the project will have a significant effc
environment and thereby RECOMMENDS APPROVAL of the Negative Deck
6. The Planning Commission finds that the Negative Declaration reflects the ind
judgment of the Planning Commission of the City of Carlsbad.
7. The Planning Commission finds that:
a. the project is a Subsequent Project;
b. the project is consistent with the City of Carlsbad General Plan;
c. there was an EIR certified in connection with the 1994 update of th
General Plan (GPA 94-01MEIR 93-01);
d. the project has no new significant environmental effect not analyzed as sj
in the Master Environmental Ilmpact Report for the 1994 Gene
Update (MEIR 93-01);
e. none of the circumstances requiring Subsequent or a Supplemental El
CEQA Guidelines Sections 15 162 or 15 163 exist;
8. The Planning Commission finds that all feasible mitigation measures 01
alternatives identified in the Master Environmental Impact Report for t
General Plan Update which are appropriate to this Subsequent Project lx
incorporated into this Subsequent Project.
9. The Planning Commission finds that the project, is in conformance with the 1
of the City's General Plan, based on the following:
a. Land Use - the site is designated for TraveYRecreational uses such as 1
b. Circulation - the project is conditioned to dedicate necessary right-of-1
participate in future :street improvements.
c. Housing - the project is conditioned to pay, if adopted, a non-re:
housing impact fee (linkage fee).
d. Public Safety - the project will co'mply with the Uniform Building C
State seismic standards.
10. The project is consistent with the City-'Wide Facilities and Improvements P
applicable local facilities management plan and all City public facility polic
ordinances since:
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a. The project has been conditioned to ensure the building permits will not.
for the project unless the District Engineer determines that sewer s
available, and building cannot occur within the project unless sewe
remains available, and the District Engineer is satisfied that the require
the Public Facilities Element of the General Plan have been met insofa
apply to sewer service for this project.
b. All necessary public improvements have been provided or are req
conditions of approval.
c. The Developer has agreed and is required by the inclusion of an ap
condition to pay a public facilities fee. Performance of that contract and
of the fee will enable this body to find that public facilities will be
concurrent with need as required by the General Plan.
11. The project has been conditioned to pay any increase in public facility fee.
construction tax, or development fees, and has agreed to abide by any a
requirements established by a Local Facilities Management Plan prepared pu,
Chapter 2 1.90 of the Carlsbad Municipal Code. This will ensure continued avail:
public facilities and will mitigate any cumulative impacts created by the project.
12. This project has been conditioned to comply with any requirement approved as pi
Local Facilities Management Plan for Zone 22.
13. The Planning Commission has reviewed each of the exactions imposed on the D
contained in this resolution, and hereby fin.ds, in this case, that the exactions are
to mitigate impacts cause by or reasonably related to the project, and the exten
degree of the exaction is in rough proporticnality to the impact caused by the proj
Conditions:
1. The Planning Commission does hereby RECOMMEND APPROVAL of
Development Plan for the project entitled Palomar Beach Resort (Exhibits “A
dated January 7, 1998, on file in the P:lanning Department and incorporated
reference, subject to the conditions herein set forth.) Staff is authorized and dil
make, or require Developer to make, all corrections and modifications to
Development Plan documents, as necessary, to make them internally consisten
conformity with final action on the project. Development shall occur substar
shown in the approved Exhibits. Any proposed development substantially differ
this approval, shall require an amendment to this approval.
2. The Developer shall comply with all applicable provisions of federal, state, a
ordinances in effect at the time of building permit issuance.
3. The Developer shall provide the City with a reproducible 24” x 36”, mylar cop
Site Plan as approved by the final decision making body. The Site Plan shall re
conditions of approval by the City. The Plan copy shall be submitted to 1
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Engineer and approved prior to building, grading, final map, or improver
submittal, whichever occurs first.
4. The Developer shall include, as part of the plans submitted for any permit plan
reduced legible version of the approving resolutions on a 24" x 36" blueline
Said blueline drawings shall also include EL copy of any applicable Coastal Dev
Permit and signed approved site plan.
5. Building permits will not be issued for development of the subject property u
District Engineer determines that sewer facilities are available at the time of ap
for such sewer permits and will continue to be available until time of occupancy.
6. The Developer shall pay the public facilities fee adopted by the City Council on
1987, (amended July 2, 1991) and as ame:nded from time to time, and any devc
fees established by the City Council pursuant to Chapter 21.90 of the Carlsbad h
Code or other ordinance adopted to implement a growth management system or
and Improvement Plan and to fulfill the subdivider's agreement to pay th
facilities fee dated December 24,1996, a copy of which is on file with the City C
is incorporated by this reference. If the fees are not paid, this application wil
consistent with the General Plan and approval for this project will be void.
7. This project shall comply with all conditio:ns and mitigation measures which are
as part of the Zone 22 Local Facilities Management Plan and any amendments
that Plan prior to the issuance of building permits.
8. If any condition for construction of any puldic improvements or facilities, or the
of any fees in-lieu thereof, imposed by this approval or imposed by law on this re
housing project are challenged this ap.prova1 shall be suspended as pro'
Government Code Section 66020. If any :such condition is determined to be inv
approval shall be invalid unless the City Council determines that the project wit
condition complies with all requirements of law.
9. Approval of SDP 97-19 is granted subject to the approval of CDP 97-40. SDP
subject to all conditions contained in Planning Commission Resolution No. '
CDP 97-40.
10. Prior to the issuance of the building or grading permit, whichever oca
Developer shall submit to the City a Notice of Restriction to be filed in the offiic
County Recorder, subject to the satisfaction of the Planning Director, notii
interested parties and successors in interest that the City of Carlsbad has issue
Development Plan by Resolution No. 4220 on the real property owned by the De
Said Notice of Restriction shall note the property description, location of
containing complete project details and all conditions of approval as well
conditions or restrictions specified for jnclusion in the Notice of Restricti,
Planning Director has the authority to execute and record an amendment to th
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which modifies or terminates said notice upon a showing of good cause by the D
or successor in interest.
11. Trash receptacle areas shall be enclosed by a six-foot high masonry wall wj
pursuant to City standards. Location of said receptacles shall be approvec
Planning Director. Enclosure shall be of similar colors and/or materials to the 1:
the satisfaction of the Planning Director.
12. An exterior lighting plan including parking areas shall be submitted for Planning
approval. All lighting shall be designed to reflect downward and avoid any im
adjacent homes or property.
13. No outdoor storage of materials shall occus onsite unless required by the Fire C
such instance a storage plan will be submitted for approval by the Fire Chief
Planning Director.
14. The Developer shall prepare a detailed landscape and irrigation plan in conforma
the approved Preliminary Landscape Plan and the City’s Landscape Manual. ’I
shall be submitted to and approval obtained from the Planning Director pric
approval of the final map, grading permit, or building permit, whichever occurs f
Developer shall construct and install all landscaping as shown on the approved p
maintain all landscaping in a healthy and thriving condition, free from weeds, ti
debris.
15. The first submittal of detailed landscape and irrigation plans shall be accompanic
project’s building, improvement, and gradi:ng plans.
16. Building identification and/or addresses shall be placed on all new and existing 1
so as to be plainly visible from the street or access road; color of identificatic
addresses shall contrast to their background color.
17. The Developer shall provide bus stops to :service this development at locations
reasonable facilities to the satisfaction of the North County Transit District
Planning Director. Said facilities, if required, shall at a minimum include a be
from advertising, and a pole for the bus stop sign. The bench and pole
designed to enhance or be consistent with the basic architectural them
project.
18. The developer is aware that the City is preparing a non-residential housing in
(linkage fee) consistent with Program 4.l of the Housing Element. The apI
further aware that the City may determine that certain non-residential projects r
to pay a linkage fee, in order to be found consistent with the Housing Eleme
General Plan. If a linkage fee is established by City Council ordinance and/or r
and this project becomes subject to a linkage fee pursuant to said ordinanc
resolution, then the Developer, or hishdtheir successor(s) in interest shall
linkage fee. The linkage fee shall be paid at the time of issuance of building
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except for projects involving a request for a non-residential planned developme1
existing development, in which case, the fee shall be paid on approval of the fi:
parcel map or certificate of compliance, :required to process the non-residenti
whichever pertains. If linkage fees are required for this project, and they are not I
project will not be consistent with the General Plan and approval for this pro
become null and void.
Engineering:
Note: Unless specifically stated in the condition, all of the following Engineering c(
must be satisfied prior to the issuance of building permits.
19. Prior to hauling dirt or construction materials to or from any proposed construc
within this project, the developer shall submit to and receive approval from
Engineer for the proposed haul route. The developer shall comply with all condii
requirements the City Engineer may impose with regards to the hauling operation
20. The developer shall provide for sight distance corridors at the project driv
accordance with Engineering Standards and the Site Plan and Preliminary La
Plan; and, shall record the following statements on the mylar Preliminary La
Plan:
1. "Mature vegetation within the site line area of the intersection sh:
greater than 30" in height or have a canopy no less than 8' in heig
2. "No structure, fence, wall, sign, or other object over 30 inches above 1
level shall be placed or permit1:ed to encroach within the area identi
sight distance corridor in accordance with City Standards and the E
and preliminary Landscape Plan. The underlying property ow1
maintain this condition."
21. The property owner shall pay a one-time special development tax in accordance 7
Council Resolution No. 91-39.
22. The developer shall pay all current fees and deposits required.
23. The owner of the subject property shall execute an agreement holding the City
regarding drainage across the adjacent property.
24. The owner shall enter into a lien contract for the future public improvement of :
Airport Road (PAR) and Carlsbad Boulevard along the project frontage for h
improvements to major arterial standlards. The developer is not reql
improve the PAR bridge and cost estimates for the PAR bridge shall not be i
in the future improvement agreement (IFIA). Public improvements shall inc
not be limited to, paving, base, sidewalks, curbs and gutter, medians, grading,
and grubbing, under-grounding or relocation of utilities, sewer, water, fire.hydrar
lights and retaining walls.
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25. Based upon a review of the proposed gradi:ng and the grading quantities shown o
plan, a grading permit for this project is required. The developer must submit an
approval for grading plans in accordance with City codes and standards.
26. The developer shall submit proof that a Notice of Intention has been submittt
State Water Resources Control Board.
27. Upon completion of grading, the developer shall ensure that an "as-graded" geolc
is submitted to the City Engineer. The plan shall clearly show all the geology as
by the grading operation, all geologic co:rrective measures as actually constru
must be based on a contour map which represents both the pre and post site gradi
plan shall be signed by both the soils engineer and the engineering geologist.
shall be prepared on a 24" x 36" mylar or similar drafting film and shall k
permanent record.
28. No grading for private improvements shall occur outside the limits of the project
grading or slope easement is obtained from the owners of the affected prope:
recorded. If the developer is unable to ob1:ain the grading or slope easement, nc
permit will be issued. In that case the developer must either amend the site
modify the plans so grading will not occur outside the project site in a mann
substantially conforms to the approved site plan as determined by the City Engi
Planning Director.
29. Additional drainage easements may be required. Drainage structures shall be pro
installed prior to or concurrent with any grading or building permit as may be req
the City Engineer.
30. The developer shall underground all existing overhead utilities within the
boundary.
31. The developer shall comply with the City's requirements of the National I
Discharge Elimination System (NPDES) permit. The developer shall prov
management practices as referenced in the "California Storm Water Best Man;
Practices Handbook" to reduce surface pollutants to an acceptable level prior to d
to sensitive areas. Plans for such improvements shall be submitted by the dc
and approved by the City Engineer, in accordance with the following:
a. Fossil type filters shall be installed at storm drain inletdinverts, as sl
the Site Plan.
b. Toxic chemicals or hydrocarbon compounds such as gasoline, mc
antifreeze, solvents, paints, paint thinners, wood preservatives, an
such fluids shall not be discharged into any street, public or private,
storm drain or storm water conveyance systems. Use and disr
pesticides, fungicides, herbicide,s, insecticides, fertilizers and othc
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chemical treatments shall meet Federal, State, County and City requi
as prescribed in their respective containers.
c. Best Management Practices shall be used to eliminate or reducc
pollutants when planning any changes to the landscaping and
improvements.
32. Plans, specifications, and supporting documents for all public improvements
prepared to the satisfaction of the City Engineer. In accordance with City StanC
developer shall install, or agree to install and secure with appropriate security as 1
by law, improvements shown on the site plan, as follows:
a. Widen and improve northbound1 Carlsbad Boulevard from appro:
435’ south of the project entrance to the project entrance, as follows:
0 One (1) exclusive northboulnd left turn lane;
0 two (2) exclusive northbound through lanes;
0 one (1) 8’ bicycle/bus stop lane;
0 approximately 150’ of concrete curb & gutter and sidewalk bc
south of the “begin” curb return (BC);
0 one (1) curb return with handicap ramp (also install the curt
and handicap ramp on the ]north side of the intersection);
0 raised landscaped median.
b. Widen and improve southbound Carlsbad Boulevard from approximat
north of the project entrance to the project entrance, as follows:
0 One (1) exclusive southbound left turn lane;
0 two (2) exclusive southbound through lanes.
c. Grind existing gore striping and re-paint gore striping for the
northbound Carlsbad Boulevard ramp to PAR.
d. Construct a fully actuated traffic signal, with interconnect capabilitie.
future realigned PAFUCarlsbad Boulevard intersection. The traffi,
shall be constructed in the ultimate location for the future realign
Carlsbad Boulevard.
e. Construct new Solamar Mobile Home Estates entrance as shown on
Plan and in accordance with private agreement between the develo
Solamar Homeowner’s Associatiam, dated October 6,1997.
f. Submit signing, striping and traflt‘ic control plans as part of the imprc
drawing plan set.
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Improvements listed above shall be constructed within 18 months of approv
secured improvement agreement or such other time as provided in said agreemen
33. To Construct the project, the developer must acquire fee title property j
City along the project’s Carlsbad Boulievard property frontage. Addition
City may have to acquire right of way for the future realignment of
Airport Road, along the project’s northerly property frontage. To facilit
the developers needs and the City’s potential needs, the project is contingc
developer entering into an agreement wlith the City for a land exchange. D
shall pay the City cash for the value of any land developer receives in excc
even trade. Developer shall prepare the draft agreement, which shall be 1
by the Public Works Director/City Engineer, City Attorney and Finance 1
The final agreement shall be submitted to the City Council. If the agreeme
approved by the City Council and the land exchange is not completed, thc
cannot be constructed as designed and all approvals shall become null a
Any engineering, surveying, legal and financial work that must be cond
prepare the agreement, shall be completed solely by the developer, inch
costs for the preparation of the agreement itself.
34. The developer shall maintain all off-site landscaping that is installed as SI
the project’s preliminary Landscape Plan, in perpetuity.
35. The developer shall grant a temporary construction/slope easement to the
the future construction of the slopes required for the realignment of PAR (i~
the bridge widening) and Carlsbad Boulevard.
36. The developer shall grant a temporary construction access easement to t
from the project’s entrance to the project’s northerly parking area, for th
construction of the slopes required for the realignment of PAR (including tha
widening) and Carlsbad Boulevard.
37. The developer shall grant a temporary construction/staging area easemen
City, within the project’s northerly parling area, for the future constructio
slopes required for the realignment of PAR (including the bridge wideni
Carlsbad Boulevard.
38. The developer shall design, construct antd maintain an all weather access ro
Carlsbad Boulevard to the Solamar Mlobile Home Park, to the satisfactio
City Engineer, during construction of the project.
Fire Conditions:
39. Prior to issuance of building permits, the Fire Department shall evaluate buildi
for conformance with applicable fire and safety requirements of the state and 1(
codes.
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40. Additional on-site public water mains and hydrants are required.
4 1. The applicant shall submit a site plan to the Fire Department for approval, whic
the location of required, proposed and existing public water mains and fire hydr;
plan should include off-site fire hydrants within 200 feet of the project.
42. The applicant shall submit a site plan depicting emergency access routes, drivel
traffic circulation for Fire Department approval.
43. An all weather, unobstructed access road suitable for emergency service vehicle:
provided and maintained during construction. When in the opinion of the Fire C
access road has become unserviceable due to inclement weather or other reasons:
in the interest of public safety, require that construction operations cease
condition is corrected.
44. All required water mains, fire hydrants and appurtenances shall be operation;
combustible building materials are located on the construction site.
45. Prior to final inspection, all security gate systems controlling vehicular access
equipped with a “Knox”, key operated emergency entry device. The applic
contact the Fire Prevention Bureau for specifications and approvals prior to instal
46. Prior to building occupancy, private roads and driveways which serve as requirt
for emergency service vehicles, shall be posted as fire lanes in accordance
requirements of section 17.04.020 of the Carlsbad Municipal Code.
47. All buildings having an aggregate floor area in excess of 10,000 square feet
protected by automatic fire sprinkler systems. Plans and specifications must be :
by the Fire Department and a permit obtained prior to installation.
48. The applicant shall provide a street map which conforms to the following requi
A 400 scale photo-reduction mylar, depicting proposed improvements and at 1
existing intersections or streets. The map shall also clearly depict street ce~
hydrant locations and street names.
Water District Conditions:
49. The entire potable water system, reclaimed water system and sewer system
evaluated in detail to ensure that adequate capacity, pressure and flow demand
met.
50. The Developer shall be responsible for all fees, deposits and charges which
collected before and/or at the time of issuance of the building permit. The Sz
County Water Authority capacity charge .will be collected at issuance of applic
meter installation.
5 1. Sequentially, the Developer’s Engineer shall do the following:
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a. Meet with the City Fire Marshal and establish the fire protection requi
Also obtain G.P.M. demand for domestic and irrigational needs from ap:
parties.
b. Prepare a colored reclaimed water use area map and submit to the
Department for processing and approval.
c. Prior to the preparation of sewer, water and reclaimed water improvemen
meeting must be scheduled with the District Engineer for review, comr
approval of the preliminary system layouts and usages (i.e. - G.P.M. - E.T
52. This project is approved upon the expressed condition that building permits wi
issued for development of the subject property unless the water district ser
development determines that adequate water service and sewer facilities are av;
the time of application for such water service and sewer permits will contin
available until time of occupancy.
General Conditions:
53. If any of the foregoing conditions fail to occur; or if they are, by their tern
implemented and maintained over time, if any of such conditions fail t
implemented and maintained according to their terms, the City shall have the
revoke or modify all approvals herein gramnted; deny or further condition issuar
future building permits; deny, revoke or ]Further condition all certificates of o(
issued under the authority of approvals herein granted; institute and prosecute liti
compel their compliance with said conditions or seek damages for their viola
vested rights are gained by Developer or a successor in interest by the City’s ap;
this Site Development Plan.
Code Reminders:
54. The Developer shall pay a landscape plan check and inspection fee as required b1
20.08.050 of the Carlsbad Municipal Code.
55. This approval shall become null and void if building permits are not issued
project within 18 months from the date of project approval.
56. Approval of this request shall not excuse compliance with all applicable sectio
Zoning Ordinance and all other applicable City ordinances in effect at time of
permit issuance, except as otherwise specifically provided herein.
57. The project shall comply with the latest non-residential disabled access reqt
pursuant to Title 24 of the State Building Code.
58. All roof appurtenances, including air conditions, shall be architecturally integ~
concealed from view and the sound buffered from adjacent properties and s
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substance as provided in Building Departrnent Policy No. 80-6, to the satisfacti
Directors of Community Development and Planning
59. All landscape and irrigation plans shall be prepared to conform with the L
Manual and submitted per the landscape .plan check procedures on file in the
Department.
60. Any signs proposed for this development shall at a minimum be designed in con-
with the City’s Sign Ordinance and shall require review and approval of the
Director prior to installation of such signs.
61. The project is subject to all applicable provisions of local ordinances, includin,
limited to the following:
a. The developer shall exercise special care during the construction phasc
project to prevent off-site siltation. Planting and erosion control shall be
in accordance with the Carlsbad Municipal Code and the City Engineer.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Commission of the City of Carlsbad, California, held on the 7th day of January, 1998
following vote, to wit:
AYES: Chairperson Noble, Commissioner’s Compas, Heineman, 7
Nielsen, Savary, and. Welshons
NOES:
ABSENT:
ABSTAIN:
CARLSBAD PLANNING COMMISSION
~ ATTEST:
MICHAEL J.MLZ&LLER
Planning Director
PC RES0 NO. 4220 -1 3-