HomeMy WebLinkAbout2004-09-01; Planning Commission; Resolution 56901
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PLANNING COMMISSION RESOLUTION NO. 5690
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 CONDITIONAL USE PERMIT CUP 03-01 TO
CASENAME: CARLSBAD RANCH PLANNING AREA 5-
RESORT SITE
CASE NO.: CUP 03-01
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 Conditional Use
Permit 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 - CUP 03-01 as provided by Chapter 21.42 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 CUP.
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
A)
B)
That the foregoing recitations are true and correct.
That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of CARLSBAD RANCH PLANNING AREA
5-RESORT SITE - CUP 03-01 based on the following findings and subject to
the following conditions:
Findings:
1.
2.
3.
4.
5.
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 timeshares are allowed uses on the subject site with
City Council’s approval, pursuant to the Carlsbad Ranch Specific Plan. The
proposed project is consistent with the General Plan, Zoning Ordinance and
Carlsbad Ranch Specific Plan.
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.
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 all required buildings and landscape setbacks have
been provided in addition to an onsite circulation design which complies with City
of Carlsbad standards. The proposed landscaping is consistent with the Carlsbad
Ranch Specific Plan and Landscape Manual.
That the street system serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that the project will generate 7,167 average daily
trips (ADT) which corresponds to the maximum ADT projected in the 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.
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 LEGOLAND theme park and can function
financially as a successful timeshare project. The project is also consistent with
other proposed and existing non-residential land uses in the surrounding
neighborhood.
PC RES0 NO. 5690 -2-
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6. 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.
7. 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 I1 and comments thereon, the Planning Commission, finds
that there is no substantial evidence the project will have a significant effect on
the environment.
8. 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.
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.
PC RES0 NO. 5690 -3-
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Conditions:
Note:
1.
2.
3.
4.
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Unless otherwise specifi d herein, all onditions 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 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.
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-O8(D), CT 03-02, SDP 03-02, CDP 03-04, PUD 03-01 and HDP 03-01 and is
subject to all conditions contained in Planning Commission Resolutions No. 5685,5693,
5692, 5686, 5687, 5688, 5689 and 5691 for those other approvals incorporated herein
by reference.
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, 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 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.
PC RES0 NO. 5690 -4-
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Please take
NOTICE
OTICE that the approval of your project inclddes the “imposition” o
dedications, reservations, or other exactions hereafter collectively referred to for convenience as
“feedexac ti ons . ”
You have 90 days from date of final approval to protest imposition of these fees/exactions. 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 fees/exactions 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,
NOES:
Heineman, Montgomery, and Segall
ABSENT: Commissioner Cardosa
ABSTAIN:
I
,BANK H. WHITTON, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
Planning Director
PC RES0 NO. 5690 -5-