HomeMy WebLinkAbout1998-09-02; Planning Commission; Resolution 4375Q
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PLANNING COMMISSION RESOLUTION NO. 4375
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT TO DEVELOP A 145 ROOM
HOTEL AND ASSOCIATED PARKING AND
RECREATIONAL AMENITIES ON PROPERTY GENERALLY
LOCATED ALONG THE SOUTH SIDE OF OWENS AVENUE
TO THE NORTH OF PALOMAR AIRPORT ROAD AND EAST
OF CAMINO VIDA ROBLE IN LOCAL FACILITIES
MANAGEMENT ZONE 5
CASE NAME: COURTYARD BY MARRIOTT
CASE NO. : CUP 98-14
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”, C
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.
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Conditic
Permit as shown on Exhibits “A” - “L”, dated September 2, 1998, on file in the :
Department, COURTYARD BY MARRIOTT, CUP 98-14, as provided by Chapter
the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 2nd day of Septembe~
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 te
and arguments, if any, of all persons desiring to be heard, said Commission considered a1
relating to the Conditional Use Permit.
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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 F
Commission APPROVES COURTYARD BY MARRIOTT, CUP
based on the following findings and subject to the following conditions:
FindinEs:
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 i
the proposed use is to be located, and will not adversely impact the site, surroun
traffic circulation, in that: a) the Carlsbad Airport Centre Specific Plan ((
implements the underlying Planned Industrial General Plan designation anc
project at this site is permitted by the Carlsbad Airport Center Specific Plal
hotel complies with all of the development and design standards of the CA
the proposed hotel will support the surrounding office/industrial uses in th:
provide nearby lodging for ‘clients and visitors of the businesses located wi
CACSP and surrounding business parks, d) the project is compatible in
scale and height with surrounding industriaYoffice uses, and e) the hotel
generate fewer average daily trips (-446 ADT) than anticipated by the Gener
2. That the site for the intended use is adequate in size and shape to accommodate tk
that: a) the project complies with all applicable development standard:
Carlsbad Airport Center Specific Plan, the P-M zone and the Carlsbad M
Code, b) building coverage (16.6%) is well below the maximum permitt
coverage and c) project landscaping (37%) exceeds the minimum 15% requi
3. That all yards, setbacks, walls, fences, landscaping, and other features necessary 1
the requested use to existing or permitted future uses in the neighborhood
provided and maintained, in that: a) the project as designed is in compliance
applicable design and development standards of the Carlsbad Airport
Specific Plan and the P-M zone, b) aesthetic appeal and architectural in.
provided by the hotel structure’s U-shaped design surrounding a lan
courtyard in addition to the extensive facade relief (balconies, and vari
planes and roof parapets) and building materials (stucco covered concrete nr
stone tile and wood trim) incorporated into the structure, c) the hotel’s 1
retaining walls and loading areas will be adequately screened from vie1
Palomar Airport Road by perimeter and parking lot landscaping and from
Avenue by perimeter landscaping and due to the fact that the site is up tc
below the grade of Owens Avenue, and d) access to the site will be provid
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shared driveway onto Owens Avenue, thereby reducing the number of dl
along this roadway.
4. That the street systems serving the proposed use is adequate to properly handle :
generated by the proposed use, in that the street system will operate at ac
levels of service since the ADT generated by this project (1,305 ADT) is wc
the projected ADT (1,751 ADT) analyzed by the General Plan MEIR 93-01.
5. The Planning Commission finds that the project, as conditioned herein for CUI
is in conformance with the Elements of the City's General Plan, based on the folk
a. Land Use - The project site has a Planned Industrial (PI) Gene]
designation and the Land Use Element of the General Plan (Ls
Element Industrial Policy C.9) allows by conditional use permit 2
commercial uses (including hotels) within Planned Industrial (PI) de,
areas when they are oriented to support industrial developments a
populations. The proposed hotel is consistent with the Land Use Elr
the General Plan in that it is located within the Carlsbad Airport
industrial park and it's primary purpose is to provide lodging for clir
visitors to the businesses within the Carlsbad Airport Center.
b. Circulation - The project will provide sidewalk improvements to
Avenue.
c. Noise - Temporary construction activities would be required to coml
the City's Construction Noise Ordinance and the project would coml
the noise guidelines.
d. Housing - The project is conditioned to pay a non-residential afi
housing impact linkage fee if adopted by City Council.
e. Open Space and Conservation - The project has been designed to not el
into the adjacent oak trees.
f. Public Safety All buildings would comply with UBC and state seismic 4
6. The project has been conditioned to ensure the building permits will not be issue1
project unless the District Engineer determines that sewer service is availai
building cannot occur within the project unless sewer service remains available,
District Engineer is satisfied that the requirements of the Public Facilities Elerne1
General Plan have been met insofar as they apply to sewer service for this project.
7. Statutory School fees will be paid to ensure the availability of school facilitie
Carlsbad School District.
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8. Park-in-lieu fees are required as a condition of approval.
9. All necessary public improvements have been provided or are required as cond
approval.
10. The developer has agreed and is required by the inclusion of an appropriate con
pay a public facilities fee. Performance of that contract and payment of the
enable this body to find that public facilities will be available concurrent with
required by the General Plan.
1 1. 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 pw
Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued avail2
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 p;
Local Facilities Management Plan for Zone 5.
13. That all necessary public facilities required by the Growth Management Ordina
be constructed or are guaranteed to be Constructed concurrently with the need :
created by this project and in compliance with adopted City standards.
14. The project is consistent with the Comprehensive Land Use Plan (CLUP)
McClellan-Palomar Airport, dated April 1994, in that, i.e. as conditioned the 2
shall record a notice concerning aircraft noise. The project is compatible 1
projected noise levels of the CLUP; and, based on the noise/land use compatibilit
of the CLUP, the proposed land use is compatible with the airport, in that hotel
conditionally compatible with noise environments of up to 70 dBA CNEL
project falls within the 65 CNEL noise contour.
15. That the project is consistent with the City’s Landscape Manual, adopted by City
Resolution No. 90-384.
16. The Planning Commission has reviewed each of the exactions imposed on the DI
contained in this resolution, and hereby finds, in this case, that the exactions are
to mitigate impacts caused by or reasonably related to the project, and the extenl
degree of the exaction is in rough proportionality to the impact caused by the proj
Conditions:
1. Staff is authorized and directed to make, or require Developer to make, all COI
and modifications to the Conditional Use Permit document(s) necessary to ma
internally consistent and in conformity with final action on the project. Dew
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shall occur substantially as shown in the approved Exhibits. Any proposed devc
different from this approval, shall require an amendment to this approval.
2. The Developer shall report, in writing, to the Planning Director within 30 d
address change fiom that which is shown on the conditional use permit applicatic
3. The Developer shall comply with all applicable provisions of federal, state, L
ordinances in effect at the time of building permit issuance.
4. The Developer/Operator shall and does hereby agree to indemnify, protect, defend ;
harmless the City of Carlsbad, its Council members, officers, employees, age
representatives, fiom and against any and all liabilities, losses, damages, demand:
and costs, including court costs and attorney’s fees incurred by the City arising, di
indirectly, from (a) City’s approval and issuance of this Conditional Use Permit, (1
approval or issuance of any permit or action, whether discretionary or non-discretic
connection with the use contemplated herein, and (c) Developer/Operator’s instalk
operation of the facility permitted hereby, including without limitation, any and all 1
arising from the emission by the facility of electromagnetic fields or other energy \
emissions.
5. 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
Engineer and approved prior to building, grading, final map, or improveml
submittal, whichever occurs first.
6. 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 I
Said blueline drawing(s) shall also include a copy of any applicable Coastal Devr.
Permit and signed approved site plan.
7. Building permits will not be issued for development of the subject property ur
District Engineer determines that sewer facilities are available at the time of apl
for such sewer permits and will continue to be available until time of occupancy.
8. The Developer shall pay the public facilities fee adopted by the City Council on
1987, (amended July 2, 1991) and as amended from time to time, and any deve
fees established by the City Council pursuant to Chapter 21.90 of the Carlsbad M
Code or other ordinance adopted to implement a growth management system or I
and Improvement Plan and to fulfill the subdivider’s agreement to pay tht
facilities fee dated October 1,1997, a copy of which is on file with the City Cler
incorporated by this reference. If the fees are not paid, this application will
consistent with the General Plan and approval for this project will be void.
9. This project shall comply with all conditions and mitigation measures which are :
as part of the Zone 5 Local Facilities Management Plan and any amendments .
that Plan prior to the issuance of building permits.
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10. The Developer shall provide proof of payment of statutory school fees to
conditions of overcrowding as part of the building permit application. The ar
these fees shall be determined by the fee schedule in effect at the time of buildin
application.
11. If any condition for construction of any public 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 approval shall be suspended as pro\
Government Code Section 66020. If any such condition is determined to be in\
approval shall be invalid unless the City Council determines that the project wii
condition complies with all requirements of law.
12. Approval of CUP 98-14 is granted subject to the approval of GPA 98-02/SP 181
HDP 97-20. CUP 98-14 is subject to all conditions contained in Planning Con:
Resolution No. 4372 for the Mitigated Negative Declaration.
13. Prior to the issuance of the Building Permit, Developer shall submit to the City
of Restriction to be filed in the office of the County Recorder, subject to the sat:
of the Planning Director, notifying all interested parties and successors in interest
City of Carlsbad has issued a Conditional Use Permit and Hillside Devel
Permit by Resolutions No. 4375 and 4376 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 inclusion in the Notice of Restrictio
Planning Director has the authority to execute and record an amendment to th
which modifies or terminates said notice upon a showing of good cause by the Dm
or successor in interest.
14. Trash receptacle areas shall be enclosed by a minimum six-foot high masonry m
gates pursuant to City standards. Location of said receptacles shall be approve(
Planning Director. Enclosure shall be of similar colors and/or materials to the PI
the satisfaction of the Planning Director.
15. 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.
16. No outdoor storage of materials shall occur onsite unless required by the Fire C
such instance a storage plan will be submitted for approval by the Fire Chief
Planning Director.
I 17. The Developer shall prepare a detailed landscape and irrigation plan in conforma
the approved Preliminary Landscape Plan and the City’s Landscape Manual. TI
shall be submitted to and approval obtained from the Planning Director prio
approval of the final map, grading permit, or building permit, whichever occurs fi
Developer shall construct and install all landscaping as shown on the approved pl
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maintain all landscaping in a healthy and thriving condition, fiee from weeds, t
debris.
18. The first submittal of detailed landscape and irrigation plans shall be accompanic
project’s building, improvement, and grading plans.
19. The Developer shall submit and obtain Planning Director approval of a unifi
program for this development prior to occupancy of any building.
20. Building identification and/or addresses shall be placed on all new and existing.
so as to be plainly visible from the street or access road; color of identificatic.
addresses shall contrast to their background color.
21. 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 shall be
to enhance or consistent with basic architectural theme of the project.
22. The Developer shall implement, or cause the implementation of, the CourtJ
Marriott Project Mitigation Monitoring and Reporting Program.
23. The Developer is aware that the City is preparing a non-residential housing in
(linkage fee) consistent with Program 4.1 of the Housing Element. The app
fbrther aware that the City may determine that certain non-residential projects II
to pay a linkage fee, in order to be found consistent with the Housing Elemel
General Plan. If a linkage fee is established by City Council ordinance and/or rc
and this project becomes subject to a linkage fee pursuant to said ordinancc
resolution, then the Developer, or his/her/their successor(s) in interest shall
linkage fee. The linkage fee shall be paid at the time of issuance of building
except for projects involving a request for a non-residential planned developmer
existing development, in which case, the fee shall be paid on approval of the fir
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 p
project will not be consistent with the General Plan and approval for this pro;
become null and void.
24. Prior to the issuance of building permits, the Developer shall prepare and record 2
that this property is subject to overflight, sight and sound of aircraft operati1
McClellan-Palomar Airport, in a form meeting the approval of the Planning Dire1
the City Attorney (see Noise Form #2 gn file in the Planning Department).
25, This project shall comply with all conditions and mitigation measures which are I
as part of the approved Courtyard By Marriott Mitigated Negative Declaration, ar
97-20 as contained in Planning Commission Resolutions No. 4372 and 4376.
PC RES0 NO. 4375 -7-
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26. Prior to the issuance of a certificate of occupancy, additional landscaping
incorporated into the project to fully screen the parking lot from vie.
Palomar Airport Road subject to the approval of the Planning Director.
27. This approval shall become null and void if building permits are not issued
project within two (2) years from the date of project approval.
Engineering:
Note: Unless specifically stated in the condition, all of the following engineering cc
shall be met prior to the approval of, or issuance of grading or building permits w
occurs first.
FeedAgreements:
28. Prior to the issuance of building or grading permits an adjustment plat anc
easement documents shall be executed and recorded as required to merge
property lines and to adjust or allow the development of the project’s par
upon the existing open space lot No. 26 of CT 81-46 Unit #2.
29. Prior to issuance of any building permit, the developer shall comply T
requirements of the City’s anti-graffiti program for wall treatments if and whe:
program is formerly established by the City.
30. The developer shall pay all current fees and deposits required.
3 1. The owner of the subject property shall execute an agreement holding the City 1
regarding drainage across the adjacent property.
32. The owner shall execute a hold harmless agreement for geologic failure.
33. 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 approved by the City E
Said plans shall include but not be limited to notifying prospective owners and te
the following:
A. All owners and tenants shall coordinate efforts to establish or wo
established disposal programs to remove and properly dispose of to
hazardous waste products.
B. Toxic chemicals or hydrocarbon compounds such as gasoline, mo
antifreeze, solvents, paints, paint thinners, wood preservatives, and 0th 1 PC RES0 NO. 4375 -8-
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fluids shall not be discharged into any street, public or private, or into stc
or storm water conveyance systems. Use and disposal of pesticides, fu
herbicides, insecticides, fertilizers and other such chemical treatments SI
Federal, State, County and City requirements as prescribed in their rl
containers.
C Best Management Practices shall be used to eliminate or reduce surface p
when planning any changes to the landscaping and surface improvements,
Gradine:
34. No grading shall occur outside the boundary of this project unless a grading
easement is obtained from the owners of the affected properties. If the applicant
the grading or slope easement, no grading permit will be issued. In that case the i
must either amend the site plan so grading will not occur outside the project
manner which substantially conforms to the approved project as determined by
Engineer and Planning Director.
35. Based upon a review of the proposed grading and the grading quantities shown or
plan, a grading permit for this project is required. (The developer must SUI
receive approval for grading plans in accordance with city codes and standards
issuance of a building permit for the project.)
36. Prior to hauling dirt or construction materials to or from the site, the develo]
submit to and receive approval from the City Engineer for the proposed haul ro1
developer shall comply with all conditions and requirements the City Engin
impose with regards to the hauling operation.
37. The developer shall exercise special care during the construction phase of this p
prevent offsite siltation. Planting and erosion control shall be provided in acc
with the Carlsbad Municipal Code and the City Engineer.
Dedicationflmprovements
38. Plans, specifications and supporting documents for all improvements shall be pre
the satisfaction of the City Engineer. The developer shall install, or agree to in;
secure with appropriate security as provided by law, improvements shown on
plan and the following improvements to City Standards to the satisfaction of
Engineer:
Construction of sidewalk along Owens Ave. from site drivl
existing terminus in cul-de-sac.
Modification/reconstruction and structural improvements
existing 42” storm drain from Owens Ave. to the existing
dissipater, outlet.
PC RES0 NO. 4375 -9-
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39. Proof of dedication to adjacent properties that use the above mentioned 4:
drain shall be submitted to the City Engineer prior to issuance of gr:
building permits for this project.
Fire:
40. Prior to the issuance of building permits, complete building plans shall be app
the Fire Department
41. Additional on-site public water mains and fire hydrants are required.
42. Applicant shall submit a site plan to the Fire Department for approval, whicl
location of required, proposed and existing public water mains and fire hydra]
plan should include off-site hydrants within 200 feet of the project.
43. Applicant shall submit a site plan depicting emergency access routes, drivev
traffic circulation for Fire Department approval.
44. An all weather, unobstructed access road suitable for emergency service vehicles
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 I
condition is corrected.
45. All required water mains, fire hydrants and appurtenances shall be operation2
combustible building materials are located on the construction site.
46. Prior to final inspection, all security gate systems controlling vehicular access
equipped with a “Knox”, key-operated emergency entry device. Applicant shal
the Fire Prevention Bureau for specifications and approvals prior to installation.
47. Prior to building occupancy, private roads and driveways which serve as require1
for emergency service vehicles shall be posted as fire lanes in accordance 7
requirements of section 17.04.020 of the Carlsbad Municipal Code.
48. Plans and/or specifications for fire alarm systems, fire hydrants, automatic fire :
systems and other fire protection systems shall be submitted to the Fire Depart]
approval prior to construction.
49. An approved automatic fire sprinkler system shall be installed in building ha
aggregate floor area exceeding 10,000 square feet.
50. Sequentially, the Developers Engineer shall do the following:
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A. Meet with the City Fire Marshal and establish the fire protection requiremer
obtain GPM demand for domestic and irrigational needs from appropriate pa
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 improvement
meeting must be scheduled with the District Engineer for review, comn
approval of the preliminary system layouts and usages (i.e. - GPM - EDU).
5 1. This project is approved upon the expressed condition that building permits wj
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.
52. Submit all irrigation plans to the City’s Planning Department.
Water:
53. 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 Sa
County Water Authority capacity charge will be collected at issuance of applic;
meter installation.
General:
54. 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 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 hrther condition all certificates of ocs
issued under the authority of approvals herein granted; institute and prosecute litii
compel their compliance with said conditions or seek damages for their viola1
vested rights are gained by Developer or a successor in interest by the City’s app
this Site Development Plan.
Code Reminders:
55. The Developer shall pay a landscape plan check and inspection fee as required by
20.08.050 of the Carlsbad Municipal Code.
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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 reqc
pursuant to Title 24 of the State Building Code.
58. All roof appurtenances, including air conditioners, shall be architecturally integl
concealed from view and the sound buffered from adjacent properties and s
substance as provided in Building Department 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 con1
with the City’s Sign Ordinance and the Carlsbad Airport Center Specific 1
shall require review and approval of the Planning Director prior to installation
signs.
NOTICE
Please take NOTICE that approval of your project includes the “imposition”
dedications, reservations, or other exactions hereafter collectively referred to for conver
“fees/exactions.”
You have 90 days from September 2,1998, to protest imposition of these feedexactions
protest them, you must follow the protest procedure set forth in Government Code
66020(a), and file the protest and any other required information with the City Man
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure tc
follow that procedure will bar any subsequent legal action to attack, review, set aside,
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/e,
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor p:
zoning, grading or other similar application processing or service fees in connection v
project; NOR DOES IT APPLY to any fees/exactions of which you have previously bet
a NOTICE similar to this, or as to which the statute of limitations has previously 01
expired.
...
...
...
PC RES0 NO. 4375 -12-
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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:
\
~.
MICHAEL J. HO~MILMR
Planning Director
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