HomeMy WebLinkAbout2004-06-16; Planning Commission; Resolution 56321
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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.
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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:
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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-
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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:
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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-
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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-
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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-
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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-
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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-