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HomeMy WebLinkAbout2004-09-01; Planning Commission; Resolution 56871 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. 5687 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING ALLOW THE DEVELOPMENT OF A HOTEUTIMESHARE RESORT WITH 350 HOTEL ROOMS AND 350 TIMESHARE UNITS ON PROPERTY GENERALLY LOCATED ON THE SOUTH SIDE OF CANNON ROAD, EAST OF ARMADA DRIVE AND WEST OF FARADAY AVENUE WITHIN LOCAL FACILITIES MANAGEMENT ZONE 13. APPROVAL OF SITE DEVELOPMENT PLAN SDP 03-02 TO CASENAME: CARLSBAD RANCH PLANNING AREA 5- RESORT SITE CASE NO.: SDP 03-02 WHEREAS, Grand Pacific Resorts Inc., “Developer,” has filed a verified application with the City of Carlsbad regarding property owned by Carlsbad Estate Holding, Inc., “Owner,” described as Boundary Parcel “A” of C.O.C. recorded March 9, 1998 as Doc. #1998-125301 per City of Carlsbad Boundary Adjustment Plat No. 498 and Lot 20 of Carlsbad Tract 94-09, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 13408, filed in the Office of the County Recorder of San Diego County on April 1,1997 (“the property”); and WHEREAS, said verified application constitutes a request for a Site Developmen Plan as shown on Exhibits “A 1” - “A-44,” “C 1” - “C 33,” “L-1” - “L-23,” and “H 1” - “H 9” dated August 18, 2004, on file in the Carlsbad Planning Department, CARLSBAD RANCH PLANNING AREA 5-RESORT SITE - SDP 03-02 as provided by Chapter 21.06 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 1st day of September 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 all persons desiring to be heard, said Commission considered all factors relating to the SDP 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 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. B) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of CARLSBAD RANCH PLANNING AREA 5-RESORT SITE - SDP 03-02 based on the following findings and subject to the following conditions: Findings: 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. Varying building setbacks have been incorporated into the project design. Pedestrian connections are provided throughout the site. The proposed uses are 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 the project complies with all City policies and standards including the underlying C-T-Q Zone and the standards and design criteria established by the Carlsbad Ranch Specific Plan. The proposed parking reduction is consistent with the shared parking provisions of Carlsbad Municipal Code Section 21.44.050(a). The parking necessary to meet the peak hourly demand of the project will be provided on the project site along with all other design features such as parking lot landscaping. The proposed parking reduction of 9 percent equals 130 parking spaces. The Parking Analysis prepared for the project supports this reduction. 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 project is consistent with the design criteria of the Carlsbad Ranch Specific Plan. Varying setbacks have been provided to reduce the amount of building mass. Adequate vehicle circulation is provided in addition to loading spaces. The project is proposed to be developed in phases and is conditioned to provide landscaping with each phase. Pedestrian connections have been provided throughout the site linking various uses proposed on-site. 4. That the street systems serving the proposed use is adequate to properly handle all traffic generated by the proposed use, in that the subject site will have access from Cannon Road and Hidden Valley Road which are fully improved public streets and are PC RES0 NO. 5687 -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 adequate to accommodate the traffic generated by this project. The project is expected to generate 7,167 ADT which corresponds to the maximum ADT projected in the previously certified Carlsbad Ranch Specific Plan Program EIR for this Planning Area. The required circulation improvements identified for the Carlsbad Ranch will therefore still be adequate to accommodate the vehicle trips generated by this project. 5. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 13 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. Specifically, a. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and will be collected prior to issuance of building permits. b. The Public Facility fee is required to be paid by Council Policy No. 17 and will be collected prior to the issuance of building permit. 6. The Planning Commission of the City of Carlsbad does hereby find: a. it has reviewed, analyzed and considered the Mitigated Negative Declaration, the environmental impacts therein identified for this project and said comments thereon, and Mitigation, Monitoring and Reporting Program (the Program), on file in the Planning Department, prior to RECOMMENDING APPROVAL of the project; and b. the Mitigated Negative Declaration and the Program have been prepared in accordance with requirements of the California Environmental Quality Act, the State Guidelines and the Environmental Protection Procedures of the City of Carlsbad; and c. they reflect the independent judgment of the Planning Commission of the City of Carlsbad; and d. based on the EIA Part 11 and comments thereon, the Planning Commission, finds that there is no substantial evidence the project will have a significant effect on the environment. 7. The Planning Commission hereby finds that the Program is designed to ensure that during project implementation the Developer and any other responsible parties implement the project components and comply with the feasible mitigation measures identified in the CEQA Findings and the Program. 8. 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 PC RES0 NO. 5687 -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 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. 5. Unless otherwise specified herein, all conditions shall be satisfied prior to the approval of final map, issuance of grading permit, or issuance of a 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 modify 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; record a notice of violation on the property title; 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 Site Development Plan. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Site Development Plan 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. This approval is granted subject to the approval of the Mitigated Negative Declaration and Addendum and Mitigation Monitoring and Reporting Program and SP 207(E), LCPA 90-08(D), CT 03-02, CDP 03-04, PUD 03-01, CUP 03-01 and HDP 03-01 and is subject to all conditions contained in Planning Commission Resolutions No. 5685,5693, 5692, 5686, 5688, 5689, 5690 and 5691 for those other approvals incorporated herein by reference. DevelopedOperator shall and does hereby agree to indemnify, protect, defend and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from 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 Site Development Plan, (b) City’s approval or issuance of any permit or action, whether discretionary or non- discretionary, in connection with the use contemplated herein. A parking study is required within one year of the completion of each phase of the project to determine if there is a shortage of parking spaces onsite to accommodate the parking demand generated by the project. Building permits for the subsequent phase or phases of the project will not be issued unless this requirement is complied with. Should the Planning Director determine at any time that the parking supply onsite is inadequate, he shall have the authority to require any mitigation measures he deems necessary to eliminate any parking problems. PC RES0 NO. 5687 -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 NOTICE Please take NOTICE that the approval of your project includes the “imposition” of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as “fees/exactions.” You have 90 days from date of final approval to protest imposition of these feedexactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified feedexactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any feedexactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 1st day of September 2004, by the following vote, to wit: AYES: Chairperson Whitton, Commissioners Baker, Dominguez, Heineman, Montgomery, and Segall NOES: ABSENT Commissioner Cardosa ABSTAIN: &!- H. WHITTON, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: Planning Director PC RES0 NO. 5687 -5-