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HomeMy WebLinkAbout2004-06-16; Planning Commission; Resolution 56321 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 PLANNING COMMISSION RESOLUTION NO. 5632 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING ALLOW THE CONVERSION OF AN EXISTING HOTEL INTO 9 TIMESHARE UNITS ON PROPERTY GENERALLY LOCATED AT 2805 OCEAN STREET WITHIN LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: SEASHORE ON THE SAND APPROVAL OF CONDITIONAL USE PERMIT CUP 02-30 TO CASE NO.: CUP 02-30 WHEREAS, Norine Sigafoose, “OwnerDeveloper,” has filed a verified application with the City of Carlsbad regarding property described as Lots 47 and 48 and the northerly 10.00 feet of Lot 49, in Block “A” of the Hayes Land Company Addition to Carlsbad, Map No. 2, in the City of’carlsbad, County of San Diego, State of California, according to map thereof No. 1221, filed in the office of the County Recorder of San Diego County, November 4,1909 (“the Property”); and WHEREAS, said verified application constitutes a request for a Conditional Use Permit as shown on Exhibits “A” - “G” dated June 2, 2004, on file in the Planning Department SEASHORE ON THE SAND - CUP 02-30, as provided by Chapter 21.42 and 21.50 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 16th day of June 2004, 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 testimony and arguments, if any, of persons desiring to be heard, said Commission considered all factors relating to the Conditional Use Permit. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. 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 B) That based on the evidence presented at the public hearing, the Commission 30, based on the following findings and subject to the following conditions: RECOMMENDS APPROVAL OF SEASHORE ON THE SAND - CUP 02- Findinm: 1. 2. 3. 4. 5. 6. That the requested use is necessary or desirable for the development of the community, is essentially in harmony with the various elements and objectives of the General Plan, and is not detrimental to existing uses specifically permitted in the zone in which the proposed use is located, in that the subject building is existing and there are minimal changes proposed to the exterior of the structure. The proposed conversion of hotel use to timeshares will not result in any physical or operational changes for the use. Furthermore the proposed change of use will be consistent with the R-3 zoning of the subject site. The existing hotel use is legal non-conforming because hotels are not permitted uses in the R-3 zone. That the site for the intended use is adequate in size and shape to accommodate the use, in that the proposed project is a request to change the use of an existing hotel into timeshare units. There are minimal changes proposed to the exterior of the building. The proposed project will reduce the number of units from 12 hotel rooms to 9 timeshare units. This reduced number of units will decrease demand on on-site parking spaces and intensity of use. That all the 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 proposed project is a request to change the use of an existing building. There are minimal changes proposed to the exterior of the building. All the yards, setbacks and walls are existing. There were three variances granted with the subject building’s original approval in 1969 to reduce the front and two side yard setbacks. That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use, in that the subject site is served by Ocean Street and the proposed change of use from a hotel into timeshares will not cause additional traffic to be generated. The Planning Commission finds that the timeshare project is located in reasonable proximity to an existing resort or public recreational area and therefore can financially and geographically function as a successful timeshare project and that the project will not be disruptive to existing or future uses in the surrounding neighborhood in that the proposed project is located adjacent to the beach and since there will be no substantial changes to the operation of the facility, there will be no impacts to existing and future land uses in the surrounding neighborhood. The Planning Commission finds that the project, as conditioned herein, is in conformance with the City’s General Plan in that the proposed change of use of an existing hotel into timeshares is consistent with the land use designation of Residential High Density. PC RES0 NO. 5632 -2- 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 7. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 1 and all City public facility policies and ordinances. The project includes elements or has been conditioned to construct or provide funding to ensure that all facilities and improvements regarding: sewer collection and treatment; water; drainage; circulation; fire; schools; parks and other recreational facilities; libraries; government administrative facilities; and open space, related to the project will be installed to serve new development prior to or concurrent with need. 8. That the Planning Director has determined that the project belongs to a class of projects that the State Secretary for Resources has found do not have a significant impact on the environment, and it is therefore categorically exempt from the requirement for the preparation of environmental documents pursuant to Section 15332, in-fill development projects. In making this determination, the Planning Director has found that the exceptions listed in Section 15300.2 of the state CEQA Guidelines do not apply to this project. 9. 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: 1. 2. 3. 4. Unless otherwise specified herein, all conditions shall be satisfied prior to approval of a final map or building permit, whichever occurs first. If any of the following conditions fail to occur; or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modi@ all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke or further condition all certificates of occupancy issued under the authority of approvals herein granted; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City’s approval of this Conditional Use Permit. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Conditional Use Permit documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development different from this approval, shall require an amendment to this approval. The Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code Section PC RES0 NO. 5632 -3- 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 5. 6. 7. 8. 9. 10. 11. 12. 66020. If any such condition is determined to be invalid this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. The Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, fiom and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney’s fees incurred by the City arising, directly or indirectly, from (a) City’s approval and issuance of this Conditional Use Permit, (b) City’s approval or issuance of any permit or action, whether discretionary or non- discretionary, in connection with the use contemplated herein, and (c) Developer/Operator’s installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation survives until all legal proceedings have been concluded and continues even if the City’s approval is not validated. The Developer shall submit to the Planning Department a reproducible 24” x 36” mylar copy of the Site Plan reflecting the conditions approved by the final decision making body. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 1 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. Building permits will not be issued for this project unless the local agency providing water and sewer services to the project provides written certification to the City that adequate water service and sewer facilities, respectively, are available to the project at the time of the application for the building permit, and that water and sewer capacity and facilities will continue to be available until the time of occupancy. This approval shall become null and void if building permits are not issued for this project within 24 months from the date of project approval. This Conditional Use Permit shall be reviewed by the Planning Director on a yearly basis to determine if all conditions of this permit have been met and that the use does not have a substantial negative effect on surrounding properties or the public health and welfare. If the Planning Director determines that the use has such substantial negative effects, the Planning Director shall recommend that the Planning Commission, after providing the permittee the opportunity to be heard, add additional conditions to reduce or eliminate the substantial negative effects . This permit may be revoked at any time after a public hearing, if it is found that the use has a substantial detrimental effect on surrounding land uses and the public’s health and welfare, or the conditions imposed herein have not been met. Prior to the issuance of the building permit, Developer shall submit to the City a Notice of Restriction to be filed in the office of the County Recorder, subject to the satisfaction PC RES0 NO. 5632 -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 of the Planning Director, notifjmg all interested parties and successors in interest that the City of Carlsbad has issued a Conditional Use Permit by Resolution No. 5632 on the real property owned by the Developer. Said Notice of Restriction shall note the property description, location of the file containing complete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The Planning Director has the authority to execute and record an amendment to the notice which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. 13. This approval is granted subject to the approval of CT 02-26 and CDP 02-52 and is subject to all conditions contained in Planning Commission Resolution No. 5631 and 5633 for those other approval incorporated herein by reference. 14. Pursuant to section 21.42.010(10)(ii) of the Carlsbad Municipal Code the timeshare units in this project shall be converted to condominiums if they cannot be successfully marketed as a timeshare project. 15. The management and maintenance plan submitted by the Developer titled "Management Plan for Seashore on the Sand" attached to this resolution is approved and made a part of the permit for the project. Engineerinv: Unless specifically stated in the condition, all of the following conditions, upon the approval of this proposed tentative map, must be met prior to approval of a final map. General 16. Prior to recordation of a final map, Developer shall comply with the requirements of the City's anti-graffiti program for wall treatments if and when such a program is formally established by the City. 17. Developer shall provide to the City Engineer, an acceptable means, CC&Rs and/or other recorded document, for maintaining the private easements within the subdivision and all the private improvements: common sewer and water laterals, streets, sidewalks, street lights, and storm drain facilities located therein and to distribute the costs of such maintenance in an equitable manner among the owners of the properties within the subdivision. 18. There shall be one Final Map recorded for this project. FeedAgreements 19. Developer shall cause property owner to enter into a Neighborhood Improvement Agreement with the City for the future public improvement of Ocean Street the subdivision frontage for a half street width of 25 feet plus any necessary transitions. Public improvements shall include but are not limited to paving, base, sidewalks, curbs and gutters, medians, grading, undergrounding or relocation of utilities, sewer, water, PC RES0 NO. 5632 -5- 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 street lights, fire hydrants, and reclaimed water. 20. Developer shall cause Owner to give written consent to the City Engineer to the annexation of the area shown within the boundaries of the subdivision into the existing City of Carlsbad Street Lighting and Landscaping District No. 1 and/or to the formation or annexation into an additional Street Lighting and Landscaping District. Said written consent shall be on a form provided by the City Engineer. Dedicationsflmprovements 21. Ocean Street shall be dedicated by Owner along the project frontage based on a center line to right-of-way width of 25 feet and in conformance with City of Carlsbad Standards. 22. Developer shall execute and record a City standard Subdivision Improvement Agreement to install and secure with appropriate security as provided by law, public improvements shown on the Tentative Map and the following improvements including, but not limited to paving, base, signing, sidewalks, curbs and gutters, medians, grading, undergrounding or relocation of utilities, sewer, water, retaining walls, and reclaimed water, to City Standards to the satisfaction of the City Engineer. The improvements are: a) b) c) Removal and replacement of any damaged curb, gutter, sidewalk, or pavement along the project frontage. Relocationhndergrounding of the existing water appurtenances. Modification of the existing warped pavement section and step along and adjacent to the sidewalk on the northerly portion of the site. A list of the above shall be placed on an additional map sheet on the Final Map per the provisions of Sections 66434.2 of the Subdivision Map Act. Improvements listed above shall be constructed within 18 months of approval of the subdivision or development improvement agreement or such other time as provided in said agreement. 23. Developer shall comply with the City's requirements of the National Pollutant Discharge Elimination System (NPDES) permit. Developer shall provide improvements constructed pursuant to best management practices as referenced in the "California Storm Water Best Management Practices Handbook" to reduce surface pollutants to an acceptable level prior to discharge to sensitive areas. Plans for such improvements shall be submitted to and subject to the approval of the City Engineer. Said plans shall include but not be limited to notikng prospective owners and tenants of the following: A. All owners and tenants shall coordinate efforts to establish or work with established disposal programs to remove and properly dispose of toxic and hazardous waste products. B. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil, antifreeze, solvents, paints, paint thinners, wood preservatives, and other such fluids shall not be discharged into any street, public or private, or into storm drain or storm water conveyance systems. Use and disposal of pesticides, fungicides, herbicides, insecticides, fertilizers and other such chemical treatments shall meet PC RES0 NO. 5632 -6- 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 Federal, State, County and City requirements as prescribed in their respective containers. C. Best Management Practices shall be used to eliminate or reduce surface pollutants when planning any changes to the landscaping and surface improvements. Code Reminders: 24. The tentative map shall expire twenty-four (24) months from the date this tentative map approval becomes final. 25. Approval of this request shall not excuse compliance with all applicable sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 16th day of June 2004, by the following vote, to wit: AYES: Chairperson White, Commissioners Baker, Heineman, Montgomery and Segall NOES: None ABSENT: Commissioners Dominguez and Whitton ABSTAIN: None MELISSA WHITE, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: MICHAEL J. HOLZMILL%R Planning Director PC RES0 NO. 5632 -7-