HomeMy WebLinkAbout2004-09-01; Planning Commission; Resolution 56931
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PLANNING COMMISSION RESOLUTION NO. 5693
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF SPECIFIC PLAN AMENDMENT SP 207(E)
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.: SP 207(E)
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 Specific Plan
Amendment as shown on Exhibits “X” dated September 1, 2004, on file in the Carlsbad
Planning Department, CARLSBAD RANCH PLANNING AREA 5-RESORT SITE - SP
207(E) as provided by SP 207(A) and Government Code Section 65453; 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 SP 207(E); and
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WHEREAS, on January 16, 1996, the City Council approved SP 207(A), as
described and conditioned in Planning Commission Resolution No. 3848 and City Council
Ordinance No. NS-344; and
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 - SP 207(E) based on the following findings and subject to the
following conditions:
Findings:
1.
2.
3.
4.
The proposed development as described by the Specific Plan (SP 207(E)) is consistent
with the provisions of the General Plan in that the proposed design and improvements
for the proposed hotelhimeshares resort are in compliance with requirements of
CMC Titles 20 and 21 and all necessary public facilities and services needed to serve
the proposed project are or will be in place prior to occupancy of any building
proposed for the project site
The proposed specific plan amendment would not be detrimental to the public interest,
health, safety, convenience or welfare of the City in that the proposed amendment will
allow PA 5 to be developed independent of a golf course on PA 8. The proposed
amendment will have no impact on public interest, health, safety, convenience and
welfare of the City.
All necessary public facilities can be provided concurrent with need and adequate
provisions have been provided to implement those portions of the capital improvement
program applicable to the subject property in that the project is served by existing fully
improved public streets, Cannon Road and Hidden Valley Road, which operate at
acceptable levels of service. On-site circulation consists of private streets, which
provide access to hotels, timeshare units and other amenities, The circulation
system is designed to provide adequate access to the proposed lots and complies with
all applicable City design standards and the Carlsbad Ranch Specific Plan.
The proposed project will be appropriate in area, location and overall design to the
purpose intended. The design and development standards are such as to create an
environment of sustained desirability and stability. Such development will meet
performance standards established by this title 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
PC RES0 NO. 5693 -2-
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4.
5.
6.
7.
...
...
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.
The existing streets and thoroughfares are suitable and adequate to carry the anticipated
traffic thereon in that the subject site will have access from Cannon Road and Hidden
Valley Road, which are fully improved public streets and are 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.
The area surrounding the development is planned and zoned in coordination and
substantial compatibility with the development in that the proposed amendment is to
allow the development of PA 5 with the proposed hotelhimeshare resort without
requiring concurrent development of PA 8 with a golf course.
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.
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.
PC RES0 NO. 5693 -3-
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Conditions:
Note:
1.
2.
3.
4.
5.
...
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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 Specific Plan Amendment.
Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Specific Plan 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.
Prior to the issuance of any permits for the project, the applicant shall submit to the
Planning Director a digital copy and a camera-ready master copy of the
CARLSBAD RANCH PLANNING AREA 5 - RESORT SITE - SP 207(E), in
addition to the required number of bound copies.
This approval is granted subject to the approval of the Mitigated Negative Declaration
and Addendum and Mitigation Monitoring and Reporting Program, LCPA 90-
08(D) and CT 03-02 and is subject to all conditions contained in Planning Commission
Resolutions No. 5685,5692 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 Specific Plan Amendment,
(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. 5693 -4-
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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:
K H. WHITTON, Chairperson
SBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. HOBMILMR
Planning Director
PC RES0 NO. 5693 -5-
F. PLANNING AREA 5 - RESORT
A full-service destination resort is proposed on an approximately 52.8 acre parcel
in the northeast corner of the Carlsbad Ranch. This resort will include up to 700 suites
and will target the large group professional and business meeting market. These
meetings typically combine business with recreation and are increasingly including
family members of the business representative. The surrounding uses of Carlsbad
Ranch including LEGOLAND Carlsbad, golf course, retail facilities and nearby beaches
make this a particularly desirable meeting destination.
Accommodations at the resort will generally be two-room suites integrated into
the topography using terraced buildings and featuring ocean views, overlooking
extensively landscaped open areas and courtyards. Elevated walkways may be used to
connect resort buildings linking meeting facilities, suites, and a selection of dining
experiences. A sports club may combine a fitness center and dining with an emphasis
on healthy, light cuisine. This facility could provide sports medicine, tennis pro shop,
weight training, racquetball, steam rooms, saunas and aerobics.
The meeting and conference center will offer function space with the ability to mix
and match agendas to accommodate groups from 10 to 2,700 guests. Adjacent
gardens and landscaped terraces will provide additional meeting and function areas.
Most resort facilities including the gdkwse- , tennis center, sports club and dining will
be designed to encourage use by the general public as well as the resort guest. Figure
46 on page 150 shows some of the planning features for the resort.
A pedestrian/bike/golf cart trail shall be provided from the eastern portion of the
golf course along the southerly edge of Planning Area 5 to provide a link from the
specific plan golf course to the future City golf course to the east of the specific plan.
The trail shall be designed as shown on Figure 52 on page 169.
1. DEVELOPMENT STANDARDS
The following are specific development and design guidelines applicable
to this Planning Area. However, Section 1II.A. GENERAL DEVELOPMENT
STANDARDS AND DESIGN GUIDELINES beginning on page 63 contains
additional development standards and design guidelines that are applicable to all
Planning Area within this Specific Plan Amendment.
a. Permitted Uses
- Hotels; - Commercial Living Units (Timeshare) may be permitted by
the City Council in conjunction with a hotel project;
Carlsbad Ranch Specific Plan 149
LANO USE: RESORT
NET PARCEL AREA: 52,80 ACRES
GEVELOPMENT PROGRAM: DESTlNATlGN RESCRT HOTEL, 700 RCOMS,
MEETING SPACE, RESTAURANTS, RECREATION AND ASSOCf ATE9
FACILITIES; TOTAL 6A7,OOO SF.
Figure 46
0' 400'
I
PLANNING AREA 5 - RESORT
1. PLANNING AREA 8 -GOLF COURSE
The golf course will be a 9-hole course and will cover over 70 acres in the
northern portion of the specific plan. As proposed, the golf course will provide
desirable open space buffers in the Carlsbad Ranch Specific Plan between Car
Country, the Gemological Institute and the resort. w,
Access between the eastern and western parts of the golf course shall be
provided on the SDG&E property on the north side of Cannon Road as shown on
Figure 51 on page 168. One or two holes of the golf course may be located in
this area. Golf cart overcrossings or under crossings of Cannon Road shall
provide access to this area. If an overcrossing is determined to be the most
viable alternative, then the design of the overcrossing shall be similar to the
design shown on Figure 53 on page 170. An amendment to the SDG&E Specific
Plan shall be required for this area to be used for a golf course. The portion of
SDG&E property used for this section of the golf course will not be a part of the
Carlsbad Ranch Specific Plan. The design and layout of the holes in this area as
well as the rest of the golf course shall be determined as a part of the Site
Development Plan for Planning Area 8.
A pedestrian/bike/golf cart trail shall be provided along the southerly edge
of Planning Area 5 to provide a link from the specific plan golf course to the
future City golf course to the east of the specific plan. The trail shall be designed
as shown on Figure 52 on page 169. A golf cart undercrossing on Hidden Valley
Road shall be provided to facilitate the joint use of the two golf courses.
Sophisticated computerized weather and water monitoring and delivery
systems and reclaimed water will be used for irrigation. The course will be 4 be open to the public on a fee basis.
1. DEVELOPMENT STANDARDS
The following are specific development and design guidelines
applicable to this Planning Area. However, Section 1II.A. GENERAL
DEVELOPMENT STANDARDS AND DESIGN GUIDELINES beginning on
page 63 contains additional development standards and design guidelines
that are applicable to all Planning Area within this Specific Plan
Amendment.
a. Permitted Uses
i. Ag ricu Itu ral Uses- - Field and seed crops; - Truck crops; - Horticulture crops;
Carlsbad Ranch Specific Plan 165
- Orchards and vineyards; - Pasture and rangeland; - Tree farms; - Fallow lands; - Produce sheds.
ii. Non-Agricultural Uses- - - Public parks; - City picnic areas; - City playgrounds; - Public Trails; - - Public rest rooms; - Fencing; - Transportation right-of-way; - Vista points;
Golf course, driving range, putting green;
Public access easements and right-of-way;
- Other similar accessory uses and structures,
determined by the Planning Director to be
required for the conduct of principal use.
iii. Accessory uses and structures permitted;
- - Playground Equipment; -
-
- Shade Houses;
Public Rest Rooms, Changing Rooms;
Fencing, Patios, Stairways, Barbeque and Fire
Pits;
Parking, Staging, Processing ‘and Storage Area
for agricultural crops;
- Other similar accessory uses and structures,
determined by the Planning Director to be
required for the conduct of the principle uses.
b. Parkinq Standards
Parking spaces for all permitted and ancillary uses shall be
provided consistent with Section 21.44 of the Carlsbad
Municipal Code.
+n tk-fhese Joint use of
parking facilities is allowed based on the potential for
shared/off-peak uses. Specific reductions in parking
requirements shall be determined based on provisions set
forth in Section 21.44.050(a)(4) of the Carlsbad Municipal
Code.
in Arnq K I, I ,
Carkbad Ranch Specific Plan 166
C. LIBRARY FACILITIES
Zone 13, including the Carlsbad Ranch Specific Plan Area, will be
developed with entirely non-residential uses. Therefore, no impacts will be
generated by development in Zone 13 to the City’s adopted performance
standard, which requires that 800 square feet of Library Facilities per 1,000
population must be scheduled for construction within a five year period.
As mentioned under the City Administrative Facilities section, the City’s
Growth Management Ordinance does not count dormitory rooms as dwelling
units nor are they considered to be permanent residences. For this reason the
vocational campus will not be subject to the Library Facility Performance
Standard. The landowner is compensating for any impacts generated by the
dormitory uses through the payment of public facility fees and participation in the
Citywide Mello Roos Community Facilities District which contribute toward the
construction of Library Facilities.
As concluded in the Zone 13 LFMP, no mitigation is required for Zone 13
to meet the adopted performance standard.
D. PARK FACILITIES
Since the Carlsbad Ranch Specific Plan and the entire Zone 13 LFMP will
be developed for non-residential uses, the established performance standard of 3
acres of Community Park or Special Use Area per 1,000 population within the
Park District does not apply to Zone 13 or the Carlsbad Ranch Specific Plan.
However, the City has concluded that non-residents who work in the City also
have an impact on the City’s recreational facilities.
This specific plan proposes the development of a golf course open to the
public and accessory uses as well as various trails and pedestrian walkways.
These facilities will contribute to the recreational needs of the employees working
within the specific plan area.
Recreation facilities will be implemented by the specific plan. A brief
description of the recreation uses and facilities are as follows:
1. GOLF COURSE
A 9-hole golf course will be developed in Planning Area 8
nt nF rn in DI cl I. u ,I , I
Although privately owned, this golf course will be open to the public.
Carlsbad Ranch Specific Plan 174