HomeMy WebLinkAbout1999-04-21; Planning Commission; Resolution 45301
2
3
4
5
6
7
8
9
10
11
12
e e
PLANNING COMMISSION RESOLUTION NO. 4530
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CmSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A SITE DEVELOPMENT PLAN AMENDMENT
AND ALLOW THE LIMITED USE OF LOCKOFF UNITS BASED
UPON THE AMOUNT OF PARKING AVAILABILITY FOR THE
FOUR SEASONS RESORT TIMESHARES ON PROPERTY
GENERALLY LOCATED IN THE FOUR SEASONS RESORT,
SOUTH OF AVIARA PARKWAY AND NORTH OF BATI-
QUITOS DRIVE IN LOCAL FACILITIES MANAGEMENT ZONE
19.
CASE NAME: FOUR SEASONS TIMESHARES
CASE NO.: SDP 86-02(C)
WHEREAS, Aviara FSRC Associates, Ltd. Partnership, “Develo
“Owner”, has filed a verified application with the City of Carlsbad regarding property (
SDP 86-02(C) TO ADJUST THE OPERATIONAL RESTRICTIONS
13 11 as
14
15
16
17
18
Lots 6 to 9 of Carlsbad Tract No. CT 85-35, Phase I, Unit A,
according to Map No. 12406, filed in the Office of the County
Recorder on June 29, 1989; AND Lots 1 and 6 of Carlsbad
Tract No. 95-02, Unit 1, according to Map No. 13335, filed in
the Office of the County Recorder on June 13,1996; AND Lots
4 to 34 of Carlsbad Tract No. 95-02, Unit 2 according to Map
No. 13398, ALL in the City of Carlsbad, County of San Diego,
State of California
l9
20
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Site Deve
21
22
23
Plan Amendment as shown on Exhibits “A” - “D” dated April 21, 1999 , on file in the 1
Department, FOUR SEASONS TIMESHARES - SDP 86-02(C) as provided by
24
25
a duly noticed public hearing as prescribed by law to consider said request; and 26
WHEREAS, the Planning Commission did, on the 21st day of April, 195
21.06/Section 21.53.120 of the Carlsbad Municipal Code; and
27 11 WHEREAS, at said public hearing, upon hearing and considering all te
28 and arguments, if any, of all persons desiring to be heard, said Commission considered a1
relating to the Site Development Plan Amendment.
I
0 0
Y 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
WHEREAS, on October 3, 1995, the City Council approved, Site Devc
Plan Amendment SDP 86-02(B), as described and conditioned in Planning Cor
Resolution No. 3804.
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 1
Commission RECOMMENDS APPROVAL of FOUR SEASONS
SHARE - SDP 86-02(C) based on the following findings and subjec
following conditions:
Findinm:
1. That the requested use is properly related to the site, surroundings and envir
settings, is consistent with the various elements and objectives of the General 1
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, surrou
traffic circulation, in that the timeshare uses are consistent with tht
Recreational land use designation, all necessary facilities will be in place pl
concurrent with need, and all timeshare parking will be contained within ti
site.
2. That the site for the intended use is adequate in size and shape to accommodate t:
that the necessary parking is being provided without need for expansion oft
site.
3. That all yards, setbacks, walls, fences, landscaping, and other features necessary
the requested use to existing or permitted future uses in the neighborhooc
provided and maintained, in that no alteration to the physical developme1
timeshare units, landscaping, and fencing is proposed.
4. That the street systems serving the proposed use is adequate to properly handle
generated by the proposed use, in that the entire resort project will still genera
of 4,826 trips which can be accommodated on either Aviara Parkway or B
Drive.
5. That this project could have a potentially significant negative cumulative traff
on the Palomar Airport Road/ El Camino Real intersection. However, this PI
been conditioned to pay its fair share of the “short-term improvements”
guaranteeing implementation of a mitigation measure that reduces the potential
a level of insignificance.
I
)I PC RES0 NO. 4530 -2-
- 1
2
3
4
5
0 0
,
Conditions:
1. Staff is authorized and directed to make, or require Developer to make, all c(
and modifications to the Site Development Plan document(s) necessary to m
internally consistent and in conformity with final action on the project. Dev
shall occur substantially as shown in the approved Exhibits. Any proposed dew
different from this approval, shall require an amendment to this approval.
6 2. The Developer shall comply with all applicable provisions of federal, state,
7 ordinances in effect at the time of building permit issuance.
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3. The Developer shall pay the public facilities fee adopted by the City Council 01
1987, (amended July 2, 1991) and as amended from time to time, and any de\
fees established by the City Council pursuant to Chapter 2 1.90 of the Carlsbad 1
Code or other ordinance adopted to implement a growth management system or
and Improvement Plan and to fulfill the developer’s/subdivider’s agreement tl
public facilities fee dated March 25, 1998, a copy of which is on file with the (
and is incorporated by this reference. If the fees are not paid, this application v
consistent with the General Plan and approval for this project will be void.
4. This project shall comply with all conditions and mitigation measures which arc
as part of the Zone 19 Local Facilities Management Plan and any amendment!
that Plan prior to the issuance of building permits,.
~
5. Prior to the issuance of any additional building permits, Developer shall sub
City a Notice of Restriction to be filed in the office of the County Recorder, sub-
satisfaction of the Planning Director, notifying all interested parties and suc(
interest that the City of Carlsbad has issued a Site Development Plan Amenc
Resolution No. 4530 on the real property owned by the Developer. Said
Restriction shall note the property description, location of the file containing
project details and all conditions of approval as well as any conditions or rt
specified for inclusion in the Notice of Restriction. The Planning Direct0
authority to execute and record an amendment to the notice which modifies or t
said notice upon a showing of good cause by the Developer or successor in inter
6. The Developer and Owner within Aviara Planning Area 2B shall res
occupancy of the those timeshare units such that the parking demand
exceed the 1.2 parking spaces per unit timeshare parking requiremenl
timeshare operator receives a number of reservations for any given week
the parking supply of 1.2 spaces per occupied key would be exhausted,
additional reservations shall be accepted. The governing documents and C
the timeshare operation shall be amended to clearly state this reservation r
and to clearly notify all existing and potential timeshare owners of this rest1
the satisfaction of the Planning Director, prior to issuance of any su
building permits within Planning Area 2B. An occupied key is defined 1
three possible occupancy conditions: a full villa unit, a stand-alone mastel
a stand-along lockoff.
11 PC RES0 NO. 4530 -3-
1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
0 e
7. If, at any time, the Planning Director finds that the parking demand exc
allotted 1.2 spaces per occupied key, the operator shall be found to be
violation of the operational limitations and conditions of this Site Developn
Amendment. The Site Development Plan shall be recalled to the
Commission and City Council and the project shall be reconditioned
construct additional parking within the resort area or further restrict or
the use of lockoff units.
8. The Developer shall pay its fair share for the “short-term improvements” 1
Camino Real/ Palomar Airport Road intersection prior to approval of any ac
building permits. The amount shall be determined by the methodology L
selected by Council, including but not limited to, an increase in the city-wil
impact fee; an increased or new Zone 19 LFMP fee; the creation of a fee or as
district; or incorporation into a Mello-Roos taxing district.
General:
9. 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 granted; deny or further condition issuar
future building permits; deny, revoke or further condition all certificates of 01
issued under the authority of approvals herein granted; institute and prosecute lit;
compel their compliance with said conditions or seek damages for their viok
vested rights are gained by Developer or a successor in interest by the City’s apl
this Site Development Plan Amendment.
Code Reminders:
10. 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.
11. The project shall comply with the latest non-residential disabled access requ
pursuant to Title 24 of the State Building Code.
12. Any signs proposed for this development shall at a minimum be designed in con5
with the City’s Sign Ordinance and shall require review and approval of the 1
Director prior to installation of such signs.
NOTICE
Please take NOTICE that approval of your project includes the “imposition” I
dedications, reservations, or other exactions hereafter collectively referred to for conven
“fees/exactions.”
You have 90 days from final date of approval to protest imposition of these feedexact
you 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
PC RES0 NO. 4530 -4-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
e 0
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure
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/
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor ,
zoning, grading or other similar application processing or service fees in connection
project; NOR DOES IT APPLY to any feedexactions of which you have previously be
a NOTICE similar to this, or as to which the statute of limitations has previously c
expired.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Commission of the City of Carlsbad, California, held on the 21st day of April, 199!
following vote, to wit:
AYES: Chairperson Heineman, Commissioners Compas, L’Heurel
Nielsen, and Welshons
NOES:
ABSENT: Commissioner Segall and Trigas
ABSTAIN:
,/ 4
* ,I
COURTNEY E. HEINI?MAN, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
*
Planning Director
PC RES0 NO. 4530 -5-