HomeMy WebLinkAbout2004-09-01; Planning Commission; Resolution 56921
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PLANNING COMMISSION RESOLUTION NO. 5692
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF AN AMENDMENT TO THE CARLSBAD
LOCAL COASTAL PROGRAM TO ALLOW AN
AMENDMENT TO THE CARLSBAD RANCH SPECIFIC
PLAN FOR THE DEVELOPMENT OF THE SUBJECT SITE
SHARE RESORT INDEPENDENT OF DEVELOPMENT OF
PLANNING AREA 8. THE SUBJECT SITE IS GENERALLY
LOCATED ON THE SOUTH SIDE OF CANNON ROAD, EAST
OF ARMADA DRIVE AND WEST OF FARADAY AVENUE
WITHIN LOCAL FACILITIES MANAGEMENT ZONE 13.
(PLANNING AREA 5) WITH A PROPOSED HOTEUTIME-
CASENAME: CARLSBAD RANCH PLANNING AREA 5-
RESORT SITE
CASE NO.: LCPA 90-08(D)
WHEREAS, Grand Pacific Resorts Inc., “Developer,” has filed a verified
application for an amendment to the Local Coastal Program 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 Local Coastal
Program Amendment as shown on Exhibit “X” dated September 1,2004, attached to Planning
Commission Resolution No. 5693 and on file in the Carlsbad Planning Department,
CARLSBAD RANCH PLANNING AREA 5-RESORT SITE - LCPA 90-O8(D) as provided
in Public Resources Code Section 30574 and Article 15 of Subchapter 8, Chapter 2, Division 5.5
of Title 14 of the California Code of Regulations of the California Coastal Commission
Administrative Regulations; 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
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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 Local Coastal Program Amendment; and
WHEREAS, State Coastal Guidelines requires a six week public review period
for any amendment to the Local Coastal Program.
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) At the end of the State mandated six week review period, starting on July 1,2004
and ending on August 12,2004, staff shall present to the City Council a summary
of the comments received.
C) That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of CARLSBAD RANCH PLANNING AREA
5-RESORT SITE - LCPA 90-O8(D) based on the following findings and subject
to the following conditions:
Findings:
1. That the proposed Local Coastal Program Amendment meets the requirements of, and is
in conformity with, the policies of Chapter 3 of the Coastal Act and all applicable policies
of the Mello I1 segment of the Carlsbad Local Coastal Program not being amended by
this amendment, in that the proposed amendment in the Carlsbad Ranch Specific
Plan allows for the development of the subject site with a proposed hoteytimeshare
resort independent of development of Planning Area 8. The proposed project is
required to provide drainage and erosion control measures and no other impacts to
Coastal Resources are created by this amendment. Planning Area 8 can still
develop consistent with the Carlsbad Ranch Specific Plan.
2. That the proposed amendment to the Mello I1 segment of the Carlsbad Local Coastal
Program is required to bring it into consistency with the Carlsbad Ranch Specific Plan.
Conditions:
Note: 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.
1. 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
PC RES0 NO. 5692 -2-
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2.
3.
4.
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 Local Coastal Program
Amendment.
Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Local Coastal Program Amendment 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, SP 207(E) and
CT 03-02 and is subject to all conditions contained in Planning Commission Resolutions
No. 5685,5693 and 5686 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 Local Coastal Program
Amendment, (b) City’s approval or issuance of any permit or action, whether
discretionary or non-discretionary, in connection with the use contemplated herein.
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 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 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.
PC RES0 NO. 5692 -3-
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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:
mANK H. WHITTON, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
Planning Director
PC RES0 NO. 5692 -4-
MANAGEMENT AND MAINTENANCE PLAN
PLANNING AREA 5 RESORT SITE
The property will be managed by a timeshare management company, Grand
Pacific Resort Services Company LLC (an affiliate of the developer) which will be
responsible for all facets of the operation including:
m Housekeeping - maids' salaries, laundry, cleaning supplies, etc;
8 Maintenance - covers both scheduled routine upkeep and special repairs
needed for building, amenities and grounds;
Utilities - water, sewer, electricity, etc. for units and common areas;
Front Desk - salaries for front desk, reception, PBX operators, activities
department, etc.;
Insurance - including fire and casualty, flood, earthquake and liability;
m Reserves - a reserve fund is established to provide for the long-term
replacement of furnishings, fixtures and building rehab; and
rn Management - includes a management fee based on a percentage of the
operating expenses excluding reserves.
Management will be performed under a written management contract between
Grand Pacific Resort Services Company LLC and the timeshare homeowners
association. The California Department of Real Estate requires that all timeshare
homeowners associations enter into management contracts with a recognized
management company prior to the Department's issuance of the Public Report. The
management contract has an initial term of three years with automatic three-year
renewal terms. (This is the same arrangement as at the seven other Southern
California timeshare projects managed by Grand Pacific Resorts Services Company
LLC or its affiliate.)
The resort is operated on the same basis as a hotel, but without the seasonal
layoffs often necessary in a hotel due to seasonal occupancy variations. The resort will
have a 24-hour front desk. Main services will include a major weekly cleaning, a light
cleaning mid-week, and trash and towel service.
A maintenance staff of 240 (at build-out) people will be employed on-site. Most
maintenance functions will be performed by the on-site staff. Other functions are
performed by Grand Pacific Resort Services Company LLC staff from the other resorts it
manages, who specialize in other facets of the operation such as landscaping or
locksmiths. Other facets of the operation such as pool maintenance and pest control
are performed by outside contractors.
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The cost of needed repairs and refurbishment is paid through the annual
homeowners association assessment on all timeshare owners. The homeowners
association adopts an annual budget of the cost of operating the resort including all
salaries, benefits, supplies, contract costs, utilities and insurance. The homeowners
association levies an assessment annually on all timeshare owners, pursuant to the
project's recorded covenants, conditions and restrictions. The assessment averages
$550 per unit week per year at Grand Pacific Resort Services Company LLC's other
resorts.
In addition, the homeowners association assesses a reserve for replacement for
capital expenses such as furniture, roof and appliances. The replacement reserve
assessment is approximately $1 00 per unit week per year (which equates to
approximately $5,100 per unit per year). This preserves the quality of the resort over
time and provides for major future replacement items without special assessment.
Homeowners associate budgets and reserves are closely monitored and audited
by the Department of Real Estate prior to its initial issuance or subsequent renewal of a
Public Report.
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ADMlNlCORPAWLEGOlMANAGEMENTAND MAINTENANCE. DOC .
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