HomeMy WebLinkAbout2000-04-05; Planning Commission; Resolution 4732a 0
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PLANNING COMMISSION RESOLUTION NO. 4732
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF SITE DEVELOPMENT PLAN AMENDMENT
RESTAURANT SPACE WITH 24 HOTEL UNITS ON PROPERTY
LOCATED AT 5805 ARMADA DRIVE IN LOCAL FACILITIES
MANAGEMENT ZONE 13.
CASE NAME: GRAND PACIFIC PALISADES RESORT
CASE NO. : SDP 96-0 1 (A)
WHEREAS, Grand Pacific Resorts, Inc., “Developer”/”Owner” has filec
SDP 96-01 (A) TO REPLACE 3,218 SQUARE FEET OF FUTURE
verified application with the City of Carlsbad regarding property described as
Lot 14 of Carlsbad Tract No. 92-07 in the City of Carlsbad,
County of San Diego, State of California, according to map
thereof No. 13215, filed in the office of the County Recorder of
San Diego County on June 30,1995.
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Site Developmc
Plan Amendment as shown on Exhibits “A” - “G” dated April 5, 2000, on file in the Planni
Department, GRAND PACIFIC PALISADES RESORT, SDP 96-01(A) as provided
Chapter 21.06/Section 21.53.120 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 5th day of April, 2000, holc
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 testimo
and arguments, if any, of all persons desiring to be heard, said Commission considered all factc
relating to the Site Development Plan Amendment.
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WHEREAS, on February 18, 1997, the City Council approved, Carlsb:
Ranch Hotel and Timeshare Resort, as described and conditioned in City Council Resoluti,
NO. 97-74.
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planni
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 Plannir
Commission RECOMMENDS APPROVAL OF GRAND PACIFI,
PALISADES RESORT, SDP 96-01(A) based on the following findings ar
subject to the following conditions:
FindinPs:
1. That the requested use is properly related to the site, surroundings and environmental
settings, is consistent with the various elements and objectives of the General Plan,
will not be detrimental to existing uses or to uses specifically permitted in the area in
which the proposed use is to be located, and will not adversely impact the site,
surroundings or traffic circulation, in that the project design complies with the
requirements of the Carlsbad Ranch Specific Plan which was found to be
consistent with the various elements and objectives of the General Plan. A 25
foot building setback has been incorporated into the project design. Several
pedestrian connections to the promenade walkway which runs along the western
and southern edges of the site have been provided to encourage pedestrian
usage. The proposed use is permitted by the Carlsbad Ranch Specific Plan. No
adverse impacts onsite or on surrounding properties are expected to occur,
based on the project design which contains adequate building and landscape
setbacks to provide a transition to adjacent properties.
2. That the site for the intended use is adequate in size and shape to accommodate the
use, in that all applicable code requirements have been met, building coverage is
less than 50% which is permitted, 38% of the total site area will be landscaped,
and 11% of the surface parking lot area will be landscaped while the
requirement is for a minimum of 3% landscaping in the parking area.
3. That all yards, setbacks, walls, fences, landscaping, and other features necessary to
adjust the requested use to existing or permitted future uses in the neighborhood will
be provided and maintained, in that the promenade wall and required building
setbacks will provide a buffer with the adjacent agricultural area. Varying
building setbacks have been provided project-wide to reduce the amount of
building mass along the perimeter setback areas. Adequate vehicle circulation
has been provided, in addition to loading spaces, and a shuttle bus parking
space.
4. That the street systems serving the proposed use is adequate to properly handle all
traffic generated by the proposed use, in that the restaurant was projected to
generate 515 average daily trips (ADT) and the hotel rooms are projected to
generate 192 ADT which is less than the corresponding maximum ADT
projected in the Carlsbad Ranch Specific Plan Program EIR for this planning
area. The required circulation improvements identified for the Carlsbad Ranch
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will therefore still be adequate to accommodate the vehicle trips generated by
this project.
3 (1 5. The project complies with the development standards and design guidelines of
4 /I the Carlsbad Ranch Specific Plan [SP 207(A)].
5 6. A growth management park fee of 40 cents per square foot of non-residential
development will be collected at the time of building permit issuance. This fee
6 will be used to construct recreational facilities to offset the demand created by
employees within Zone 13.
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8 7. The following findings are made to permit the building height of the project to
exceed a height of 35 feet and 3 levels as provided for in the Carlsbad Ranch
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A. The building does not contain more than three levels as shown on the 10
Specific Plan:
project exhibits. 11
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B. The required setbacks are not required to be increased pursuant to
Section 111. D. 1. b. as the setbacks required for Planning Area 3 are far
greater than the requirements of the C-T Zone.
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C. The building conforms to the requirements of Section 18.04.170 of the
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Carlsbad Municipal Code.
8. The Planning Director has determined that:
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A. The project is a subsequent activity of a project for which an EIR was
prepared, and a notice for the activity has been given, which includes
statements that this activity is within the scope of the program approved
earlier, and that the program EIR adequately describes the activity for the
purposes of CEQA); [15 168( c)(2) and (e)]; and
B. EIR 94-01 was certified in connection with the prior project; and
C. This project is consistent with the project cited above and no new mitigation
measures will be required;
23 I) D. The project has no new significant environmental effect not analyzed as
24 II significant in the prior EIR, and
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E. None of the circumstances requiring a Subsequent EIR or a Supplemental EIR
under CEQA Guidelines Sections 15 162 or 15 163 exist in that no substantial
changes to the project are proposed, there is no new information of
substantial importance and no changes are necessary to make the
previous EIR adequately apply to the project in the changed situation.
9. The Planning Commission finds that:
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A. There was an EIR certified in connection with the prior Specific Plan
Amendment (SP 207(A)) and related actions;
B. None of the circumstances requiring Subsequent or a Supplemental EIR under
CEQA Guidelines Sections 15 162 or 15 163 exist in that no substantial
changes to the project are proposed, there is no new information of
substantial importance and no changes are necessary to make the
previous EIR adequately apply to the project in the changed situation.
C. The project has no new significant environmental effect not analyzed as
significant in the prior EIR and no new mitigation measures will be
required.
9 10. The Planning Commission finds that all feasible mitigation measures or project
alternatives identified in the EIR 94-01 which are appropriate to this Subsequent
10 Project have been incorporated into this Subsequent Project.
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11. The project is consistent with the City-Wide Facilities and Improvements Plan, the
applicable local facilities management plan, and all City public facility policies and
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ordinances since:
in the Carlsbad Unified School District. 14 A. Statutory School fees will be paid to ensure the availability of school facilities
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B. All necessary public improvements have been provided or are required as
conditions of approval.
C. The Developer has agreed and is required by the inclusion of an appropriate
condition to pay a public facilities fee. Performance of that contract and
payment of the fee will enable this body to find that public facilities will be
available concurrent with need as required by the General Plan.
12. The project has been conditioned to pay any increase in public facility fee, or new
construction tax, or development fees, and has agreed to abide by any additional
requirements established by a Local Facilities Management Plan prepared pursuant to
Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued
availability of public facilities and will mitigate any cumulative impacts created by
the project.
13. This project has been conditioned to comply with any requirement approved as part of
the Local Facilities Management Plan for Zone 13.
14. The project is consistent with the Comprehensive Land Use Plan (CLUP) for the
McClellan-Palomar Airport, dated April 1994, in that as conditioned an acoustical
study is required to show how the interior noise level will attenuate to 45 decibels
CNEL. The project is compatible with the projected noise levels of the CLUP; and,
based on the noise/land use compatibility matrix of the CLUP, the proposed land use
is compatible with the airport, in that exterior noise levels on-site are acceptable for
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the proposed use, interior noise levels will be attenuated to 45 decibels CNEL,
and an avigation easement has been recorded.
15. The project is consistent with the City’s Landscape Manual, adopted by City Council
Resolution No. 90-384.
16. The Planning Commission has reviewed each of the exactions imposed on the
Developer contained in this resolution, and hereby finds, in this case, that the
exactions are imposed to mitigate impacts caused by or reasonably related to the
project, and the extent and the degree of the exaction is in rough proportionality to the
impact caused by the project.
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance 01
building permit.
1. If any of the following conditions fail to occur; or if they are, by their terms, to
implemented and maintained over time, if any of such conditions fail to be
implemented and maintained according to their terms, the City shall have the right
revoke or modify all approvals herein granted; deny or further condition issuance of
future building permits; deny, revoke or further condition all certificates of occupar
issued under the authority of approvals herein granted; institute and prosecute litigation
compel their compliance with said conditions or seek damages for their violation. 1
vested rights are gained by Developer or a successor in interest by the City’s approval
this Site Development Plan Amendment.
2. Staff is authorized and directed to make, or require the Developer to make, all correctic
and modifications to the Site Development Plan documents, as necessary to make thc
internally consistent and in conformity with the final action on the project. Developmc
shall occur substantially as shown on the approved Exhibits. Any proposed developmc
different from this approval, shall require an amendment to this approval.
3. These conditions of approval are specific to SDP 96-01(A) and are an addition to I
conditions found in Planning Commission Resolution No. 3986. All conditions
Planning Commission Resolution No. 3986 shall remain in full force and effect.
4. The Developer shall comply with all applicable provisions of federal, state, and lo
ordinances in effect at the time of building permit issuance.
5. If any condition for construction of any public improvements or facilities, or the paym
of any fees in-lieu thereof, imposed by this approval or imposed by law on this Proj
are challenged, this approval shall be suspended as provided in Government Code Sect:
66020. If any such condition is determined to be invalid this approval shall be inva
unless the City Council determines that the project without the condition complies m
all requirements of law.
6. The Developer/Operator shall and does hereby agree to indemnify, protect, defend 2
hold harmless the City of Carlsbad, its Council members, officers, employees, agents, 2
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representatives, from and against any and all liabilities, losses, damages, demands, clair
and costs, including court costs and attorney’s fees incurred by the City arising, direci
or indirectly, from (a) City’s approval and issuance of this Site Development Plan, (
City’s approval or issuance of any permit or action, whether discretionary or no
discretionary, in connection with the use contemplated herein, and (
Developer/Operator’s installation and operation of the facility permitted herek
including without limitation, any and all liabilities arising from the emission by t
facility of electromagnetic fields or other energy waves or emissions.
7. The Developer shall submit to the Planning Department a reproducible 24” x 3t
mylar copy of the Site Plan reflecting the conditions approved by the final decisi
making body.
8. The Developer shall include, as part of the plans submitted for any permit plan check
reduced legible version of all approving resolutions in a 24” x 36” blueline drawi
format (including any applicable Coastal Commission approvals.
9. This approval is granted subject to the approval of CDP 96-02(A) and is subject to
conditions contained in 4733 for that other approval.
10. The Developer shall provide proof to the Planning Director from the Carlsbad Schc
District that this project has satisfied its obligation to provide school facilities.
11. Building permits will not be issued for this project unless the local agency providi
water and sewer services to the project provides written certification to the City tlr
adequate water service and sewer facilities, respectively, are available to the project at t
time of the application for the building permit, and that water and sewer capacity a
facilities will continue to be available until the time of occupancy.
12.
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The Developer is aware that the City is preparing a non-residential housing impact j
(linkage fee) consistent with Program 4.1 of the Housing Element. The applicant
further aware that the City may determine that certain non-residential projects may ha
to pay a linkage fee, in order to be found consistent with the Housing Element of t
General Plan. If a linkage fee is established by City Council ordinance and/or resoluti
and this project becomes subject to a linkage fee pursuant to said ordinance and
resolution, then the Developer, or his/her/their successor(s) in interest shall pay 1
linkage fee. The linkage fee shall be paid at the time of issuance of building permj
except for projects involving a request for a non-residential planned development for
existing development, in which case, the fee shall be paid on approval of the final m;
parcel map or certificate of compliance, required to process the non-residential PU
whichever pertains. If linkage fees are required for this project, and they are not paid, tj
project will not be consistent with the General Plan and approval for this project vi
become null and void.
13. The Developer shall submit and obtain Planning Director approval of a Final Landscl
and Irrigation Plan showing conformance with the approved Preliminary Landscape P:
and the City’s Landscape Manual. The Developer shall construct and install
landscaping as shown on the approved Final Plans, and maintain all landscaping ir
healthy and thriving condition, free from weeds, trash, and debris.
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14. The interior noise level of the proposed hotel rooms shall not exceed 45 dBA CNE
Concurrent with the submittal of building plans, the applicant shall submit :
acoustical study documenting what construction materials or measures must
used to meet the required interior noise levels. A letter signed by the acoustic
engineer and project architect which contains each professional’s registration stan
and certifies that the recommendations of the acoustical study have be
incorporated into the building plans shall be submitted prior to building pern
issuance.
15. Developer shall comply with the requirements of the City’s anti-graffiti program for w
treatments if and when such a program is formally established by the City.
16. The developer shall pay all current fees and deposits as required.
17. Based upon a review of the proposed site plan, a grading permit is not required for tl
project. No grading is proposed or hereby approved.
18. Prior to hauling dirt or construction materials to or from the site, the developer sh;
submit and receive approval from the City engineer for the proposed haul route. T
developer shall comply with all conditions and requirements the City Engineer m
impose with regards to the hauling operation.
19. Developer shall exercise special care during the construction phase of this project
prevent offsite siltation. Planting and erosion control shall be provided in accordan
with the Carlsbad Municipal Code and City Engineer.
20. Additional drainage easements may be required. Drainage structures shall be provided
installed prior to or concurrent with any building permit as may be required by the CI
Engineer.
Standard Code Reminders:
21, Developer shall pay park-in-lieu fees to the City, prior to the approval of the final map
required by Chapter 20.44 of the Carlsbad Municipal Code.
22, Developer shall pay the citywide Public Facilities Fee imposed by City Council Polit
#17, the License Tax on new construction imposed by Carlsbad Municipal Code Sectic
5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized 1
Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicak
Local Facilities Management Plan fee for Zone 13, pursuant to Chapter 21.90. All su
taxedfees shall be paid at issuance of building permit. If the taxedfees are not paid, tl
approval will not be consistent with the General Plan and shall become void.
23. Developer shall pay a Growth Management Park Fee of 40 cents per square foot
non-residential development.
24. Developer shall pay a landscape plan check and inspection fee as required by Secti’
20.08.050 of the Carlsbad Municipal Code.
25. This approval shall become null and void if building permits are not issued for tl
PC RES0 NO. 4732 -7-
project within 24 months from the date of project approval.
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26. Approval of this request shall not excuse compliance with all applicable sections oft
Zoning Ordinance and all other applicable City ordinances in effect at time of buildil
permit issuance, except as otherwise specifically provided herein.
27. The project shall comply with the latest non-residential disabled access requireme1
pursuant to Title 24 of the State Building Code.
28. All roof appurtenances, including air conditioners, shall be architecturally integrated a
concealed fi-om view and the sound buffered from adjacent properties and streets,
substance as provided in Building Department Policy No. 80-6, to the satisfaction oft
Directors of Community Development and Planning.
29. Addresses, approved by the Building Official, shall be placed on all new and existi
buildings so as to be plainly visible from the street or access road; color of identificati
and/or addresses shall contrast to their background color, as required by Carlsb
Municipal Code Section 18.04.320.
NOTICE
Please take NOTICE that approval of your project includes the “imposition” of fe
dedications, reservations, or other exactions hereafter collectively referred to for convenience
“fees/exactions.”
You have 90 days from date of final approval to protest imposition of these fees/exactions.
you protest them, you must follow the protest procedure set forth in Government Code Secti
66020(a), and file the protest and any other required information with the City Manager :
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timt
follow that procedure will bar any subsequent legal action to attack, review, set aside, void,
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified feedexactic
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor plannil
zoning, grading or other similar application processing or service fees in connection with f
project; NOR DOES IT APPLY to any fees/exactions of which you have previously been gil
a NOTICE similar to this, or as to which the statute of limitations has previously othenv
expired.
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e a
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planni
Commission of the City of Carlsbad, California, held on the 5th day of April, 2000, by t
following vote, to wit:
AYES: Chairperson Compas, Commissioners L’Heureux, Nielsen, Segal
and Trigas
NOES:
ABSENT: Commissioners Heineman and Baker
ABSTAIN:
L#
WILLIAM COMPAS, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
!uaO-l@i. MICHAEL J. H-ZM~LER
Planning Director
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