HomeMy WebLinkAbout1998-09-02; Planning Commission; Resolution 4374&‘ ll 0 0
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PLANNING COMMISSION RESOLUTION NO. 4374
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF SPECIFIC PLAN AMENDMENT NO. 181(B)
TO MODIFY THE PERMIT REQUIREMENT PROVISIONS
FOR HOTEL, MOTEL, THEATER AND OTHER
COMMERCIAL USES WITHIN THE CARLSBAD AIRPORT
CENTER SPECIFIC PLAN ON PROPERTY GENERALLY
LOCATED ALONG THE NORTH SIDE OF PALOMAR
AIRPORT ROAD TO THE SOUTH AND WEST OF PALOMAR
AIRPORT IN LOCAL FACILITIES MANAGEMENT ZONE 5.
CASE NAME: COURTYARD BY MARRIOTT
CASE NO.: SP 181(B)
WHEREAS, Carlsbad HHG/APM Hotel Venture, Limited Part
“Developer”, has filed a verified application with the City of Carlsbad regarding propert
by E. Stanley Rodier and Carlsbad Airport Centre Owners Association, “Owner”, d
as
A portion of Lots 26 and 28 of Carlsbad Tract 81-46, Unit No.
2, in the City of Carlsbad, County of San Diego, State of
California, according to Map thereof No. 11288, filed in the
Office of the County Recorder of San Diego County, July 16,
1985.
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(“the Property”); and
WHEREAS, said verified application constitutes a request for a Speci
Amendment, to eliminate the general plan amendment requirement for hotel, mc
theater uses and the site development plan requirement for all commercial uses t
permitted within “Area 2” of the Carlsbad Airport Center Specific Plan SP 181
shown on the draft Council Ordinance Exhibit “2” attached hereto and incorpor;
this reference, COURTYARD BY MARRIOTT, SP 181 (B), as provided by SP 181
Government Code Section 65.453 and Title 21 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 2nd day of Septembel
hold a duly noticed public hearing as prescribed by law to consider said request; and
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WHEREAS, at said public hearing, upon hearing and considering all tl
and arguments, if any, of all persons desiring to be heard, said Commission considered 2
relating to the Specific Plan Amendment; and
WHEREAS, on October 20, 1991, the City Council approved SP18
described and conditioned in Planning Commission Resolution No. 3275 and City
Ordinance No. NS-178.
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 Con
RECOMMENDS APPROVAL of COURTYARD BY MARRIO
181(B), according to Exhibit “Z”, dated September 2, 1998, attachec
and made a part hereof, based on the following findings and subjec
following conditions:
Findings:
1. Any future commercial development proposed within the Carlsbad Airport
Specific Plan shall require the approval of a Conditional Use Permil
Conditional Use Permit (Chapter 21.42 of the Municipal Code), will con1
provide the City with adequate project review and oversight authority in ;
necessary findings required for approval of a Conditional Use Permit I
21.42.020 of the Municipal Code) are the same findings (Section 21.06.02C
Municipal Code) that are required for the approval of a Site Developmer
Specifically, it would be necessary to demonstrate that the project is in corn
with the General Plan, compatible with adjacent land uses, environn
sensitive, in compliance with the development standards of the Carlsbad
Center Specific Plan, and that there are adequate public facilities.
2. The Conditional Use Permit provides the City with more project oversiz
monitoring authority than a Site Development Plan.
3. A primary Commercial Goal (A.3) of the Land Use Element of the General
“A City which promotes economic development strategies, for comr
industrial, office and tourist-oriented land uses”. This proposal to delete the
plan amendment requirement for hotel, motel and theater uses from the CI
Airport Center Specific Plan is an example of a strategy to promote com.
PC RES0 NO. 4374 -2-
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economic development by deleting duplicative and or unnecessary
requirements. Therefore, this proposed specific plan amendment is consisi
the General Plan.
4. All necessary public facilities can be provided concurrent with need and
provisions have been provided to implement those portions of the capital imp]
program applicable to the subject property.
5. The proposed commercial and hotel uses will be appropriate in area, loca
overall design to the purpose intended. The design and development standards
as to create an environment of sustained desirability and stability. Such developr
meet performance standards established by this title.
6. In the case of other similar non-residential uses, such development will be propc
surrounding areas are protected from any adverse effects from such development.
7. The streets and thoroughfares proposed are suitable and adequate to carry the an
traffic thereon.
8. The area surrounding the development is or can be planned and zoned in coordinz
substantial compatibility with the development.
9. Appropriate measures are proposed to mitigate any adverse environmental ir
noted in the mitigated negative declaration for the project.
Conditions:
1. Staff is authorized and directed to make, or require Developer to make, all COI
and modifications to the Specific Plan Amendment document(s) necessary to ma
internally consistent and in conformity with final action on the project. Deve
shall occur substantially as shown in the approved Exhibits. Any proposed deve
different from this approval, shall require an amendment to this approval.
2. Approval of SP 181(B) is granted subject to the approval of GPA 98-O2/CUP 98
HDP 97-20.
3. If any of the foregoing conditions fail to occur; or if they are, by their term
implemented and maintained over time, if any of such conditions fail tc
implemented and maintained according to their terms, the City shall have the
revoke or modify all approvals herein granted; deny or further condition issuanc
future building permits; deny, revoke or further condition all certificates of occ
issued under the authority of approvals herein granted; institute and prosecute litig
compel their compliance with said conditions or seek damages for their violati
vested rights are gained by Developer or a successor in interest by the City7s app
this Specific Plan Amendment.
I PC RES0 NO. 4374 -3-
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~ 4. All of the conditions contained in City Council Ordinance No. NS-178 and 1
Commission Resolution No. 3275 are incorporated herein by reference.
I I PASSED, APPROVED AND ADOPTED at a regular meeting of the
Commission of the City of Carlsbad, California, held on the 2nd day of September 199
following vote, to wit:
AYES: Chairperson Noble, Commissioners Compas, Heineman, a
NOES:
ABSENT: Commissioners Nielsen, Savary, and Welshons
ABSTAIN:
Monroy
CARLSBAD PLANNING COMMISSION
ATTEST:
Planning Director
PC RES0 NO. 4374 -4-
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ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, ADOPTING THE CARLSBAD
AIRPORT CENTER SPECIFIC PLAN AMENDMENT (SP
18 l(B)) TO MODIFY THE PERMIT REQUIREMENT.
PROVISIONS FOR HOTEL, MOTEL, THEATER AND OTHER
COMMERCIAL USES WITHIN THE CARLSBAD AIRPORT
CENTER SPECIFIC PLAN ON PROPERTY GENERALLY
LOCATED ALONG THE NORTH SIDE OF PALOMAR
AIRPORT ROAD TO THE SOUTH AND WEST OF PALOMAR
AIRPORT IN LOCAL FACILITIES MANAGEMENT ZONE 5.
CASE NAME: COURTYARD BY MARRIOTT
CASE NO.: SP 181(B)
The City Council of the City of Carlsbad, California, does ordain as fol1o.c
WHEREAS, the City Council of the City of Carlsbad has revie1
considered a Specific Plan Amendment for future development of the site; and
WHEREAS, the Carlsbad Airport Center Specific Plan was adopted
Council Ordinance No. 9635 on August 3, 1982 and constitutes the development stand
design guidelines for the development of the subject property; and
WHEREAS, the Carlsbad Airport Center Specific Plan was amended (SP
through City Council Ordinance No. NS-178 on October 20, 1991; and
WHEREAS, after procedures in accordance with requirements of law,
Council has determined that the public interest indicates that said plan amendment be apI
NOW, THEREFORE, the City Council of the City of Carlsbad does c
follows:
SECTION 1 : That the Carlsbad Airport Center Specific Plan, as amended
and Mher amended by the Carlsbad Airport Center Specific Plan Amendment 18 1 (B),
"Z", dated September 2, 1998, attached hereto and incorporated by reference herein, is a]
The amended Specific Plan shall provide the development standards and design guide
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e e
the development of the subject property and all development of the property shall confo
plan.
SECTION 2: That the findings and conditions of the Planning Corn
Planning Commission Resolution No. 4374 shall constitute the findings and conditio,
City Council.
EFFECTIVE DATE: This ordinance shall be effective thirty days
adoption, and the City Clerk shall certify to the adoption of this ordinance and cause
published at least once in a publication of general circulation in the City of Carlsbad wit1
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fifteen days after its adoption. (Not withstanding the preceding, this ordinance sha,
effective within the City’s Coastal Zone until approved by the California Coastal Commi
INTRODUCED AND FIRST READ at a regular meeting of the Carls.
Council on the day of 1998, and thereafter.
PASSED AND ADOPTED at a regular meeting of the City Council of thl
Carlsbad on the day of 1998, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
~ CLAUDE A. LEWIS, Mayor
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk
(SEAL)
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-3 -
e e EXHIBIT "2"
September 2, 19!
SPECIFIC PLAN:
CARLSBAD AIRPORT CENTRE
(Formerly AIRPORT BUSINESS CENTER)
CARLSBAD, CALIFORNIA
SP 181 (A)
HUNTINGTON HOSPITALITY GROUP
PROPOSED REVISED PAGES
AUGUST 26, 1998
* a e
4. Service industries or those industries providing a service as opposed tc
manufacture of a specific product, such as the repair and maintenanc
appliances or component parts, tooling, printers, testing shops, s
machine shops, shops engaged in the repair, maintenance and servicin
such items, excluding automobile and truck repair, and excll
equipment rental yards.
5. Industries engaged in the distribution and/or storage or warehousin
products similar to those listed in other permitted uses in this group.
6. Construction industries such as general contractors, elect
contractors, plumbing contractors, etc., and their accessory and incidc
office uses.
7. Blueprinting, photostatting, photo-engraving, printing, publishing,
bookbinding.
8. Administrative and professional offices, limited to a) offices which
associated with any permitted industrial use or b) offices which Q
attract nor are primarily dependent upon business customers visiting
office. Permitted offices include, but are not limited to, corporate offil
regional offices, general offices, and such professional offices
accountants, attorneys, engineers, architects, and planners. Prohib
office include, but are not limited to, banks and financial institutic
medical and dental offices, employment agencies, real estate agencies,
travel agencies.
9. Employee cafeteria, cafe, restaurant, or auditorium accessory with
incidental to a permitted use (intended primarily for the express USI
those persons employed at the firm or use where such incidental USI
applied).
10. Accessory uses and structures when related and incidental to a permi.
use such as, but not limited to, food preparation, food servicing, and ea
facilities.
B. ARE42
Area 2 is designated for industrial support uses, business and professional uz
and certain retail uses supporting the business park.
The commercial areas in Area 2 require a conditional use permit ftfta-it-r
p for each use pursuant to Chapter4436 21.42 of the Carlsbad Municipal Co,
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Q-Overlay Zone) prior to development. d, :c t4 a.
Permitted uses in Area 2 are:
1 . Retail businesses (oriented to needs of complex employees);
2. Service businesses (oriented to needs of complex employees
businesses);
3. Personal service businesses;
4. Financial service businesses;
5. Blueprinting, photostatting, photo-engraving, printing, publishing,
bookkeeping;
6. Administrative, professional, and business offices;
7. Health or athletic club facilities;
8. Service stations;
9. Hotels, motels, and theaters; ) z 9 .. ..
+n ,”
10. Restaurants may be permitted anywhere in the Airport Business C
with a conditional use permit subject to the provisions of Section 21 .d
the Carlsbad Municipal code. At a minimum, this conditional use PI
shall address adequate parking, distance between restaur
compatibility with surrounding uses, and hours of operation.
C AREA 3 - FUTURE PLANNING AREA
Because of topography and access problems, possible development of Area
premature a this time. If at some time in the future development is proposed in this area, tt
major amendment to the Specific Plan will be processed by the Planning Commission and
Council. Uses proposed for this area should be compatible with the adjacent Macario Canyon f
The burden of proof to develop this area lies with the developer. Before development of
property can occur. it must be shown that proposed uses for this area are compatible
Macario Canyon Park and with the adjacent open space area and that proper access is availat
the site.
D. CC&R’S
Prior to any development within the Airport Business Centre, the developer :
prepare covenants, conditions and restrictions (CC&R’s) applicable to the entire park site. 1
CC&R’s shall be approved by the Planning Director prior to the approval of any final map for
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