HomeMy WebLinkAbout2005-11-02; Planning Commission; Resolution 59621
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PLANNING COMMISSION RESOLUTION NO. 5962
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT TO CONTINUE TO ALLOW A
SHARED PARKING ARRANGEMENT BETWEEN THE FOUR
SEASONS RESORT HOTEL, SPORTS CENTER AND GOLF
CLUBHOUSE, ON PROPERTY GENERALLY LOCATED
SOUTH OF AVIARA PARKWAY, BETWEEN AVIARA DRIVE
AND BLUE HERON DRIVE IN LOCAL FACILITIES
MANAGEMENT ZONE 19.
CASE NAME: FOUR SEASONS RESORT SHARED
RETROACTIVE FIVE-YEAR EXTENSION OF A
PARKMG
CASE NO.: CUP 90-05(A)~2
WHEREAS, Four Seasons Aviara, “Developer/Owner,” has filed a verified
application with the City of Carlsbad regarding property described as
Lot 1 of Carlsbad Tract 95-02, Unit 1, according to Map No.
13335 filed in the Office of the County Recorder; and Lot 2 of
Carlsbad Tract 85-35, Phase 1, Unit A, according to Map No.
12409, filed in the Office of the County Recorder on June 29,
1989; and Lot 4 and the Remainder Parcel of Carlsbad Tract
95-02, Unit 3, according to Map No. 13979, filed in the Office
of the County Recorder on June 9, 2000; all in the City of
Carlsbad, County of San Diego, State of California
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Conditional Use
Permit Extension as shown on Exhibits “A” - “SSS” and “ZZZ” dated September 19,1995, on
file in the Planning Department FOUR SEASONS RESORT SHARED PARKING - CUP 90-
05(A)x2, as provided by the conditions of approval of CUP 90-05(A) and Chapter 21.42 andor
21 SO of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 2nd day of November 2005,
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 factars
relating to the CUP Extension; and
WHEREAS, on April 4,1990, the Planning Commission approved CUP 90-05 as
described and conditioned in Planning Commission Resolution No. 3003; and
WHEREAS, on September 20, 1995, the Planning Commission approved CUP
90-05(A) as described and conditioned in Planning Commission Resolution No. 3806; and
WHEREAS, on October 2, 2002, the Planning Commission approved CUP 90-
05(A)x1 as described and conditioned in Planning Commission Resolution No. 5280.
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 Planning
Commission APPROVES FOUR SEASONS RESORT SHARED PARKING - CUP 90-05(A)x2, to be effective retroactively from September 18, 2005
through September 17,2010, based on the following findings and subject to the
following conditions:
Findinm:
1. The adopted findings for CUP 90-05(A) which are contained in Planning Commission
Resolution No. 3806 apply to this extension and are incorporated by this reference.
Conditions:
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
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
Extension.
PC RES0 NO. 5962 -2-
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2.
3.
4.
5.
All conditions of approval imposed upon Conditional Use Permit CUP 90-05(A)xl as
stated in Planning Commission Resolution No. 5280 shall apply as conditions of approval
for CUP 90-05(A)x2 and are incorporated by this reference, and Condition No. 4 is
replaced by Condition No. 7 and new Conditions 4,5 and 6 are listed below.
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.
Developer shall comply with the City's requirements of the National Pollutant Discharge
Elimination System (NPDES) permit, latest version. 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 fiom the site. 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 notifying prospective owners and tenants of
the following:
A.
B.
C.
All owners, tenants and employees shall coordinate efforts to establish or work
with established disposal programs to remove and properly dispose of toxic and
hazardous waste products.
Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil,
antifieeze, 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
Federal, State, County and City requirements as prescribed in their respective
containers.
Best Management Practices shall be used to eliminate or reduce surface pollutants
when planning any changes to the landscaping and surface improvements.
Within 6 months of the date of the extension of this Conditional Use Permit, Developer
shall submit to and receive approval from the City of Carlsbad Engineering Department
of a Storm Water Management Plan (SWMP). Pursuant to the City of Carlsbad Standard
Urban Stormwater Management Plan (SUSMP), this project is required to capture and
reduce pollutants to the maximum extent practicable. The SWMP shall address the
anticipated pollutants of concern associated with the Project and shall suggest the both
point-source and structural Best Management Practices (BMPs) required to avoid and
capture/filter said anticipated pollutants of concern prior to discharge off the site. The
SWMP shall provide evidence that numeric sizing requirements have been met.
PC RES0 NO. 5962 -3-
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6. Within 12 months of the date of the extension of this Conditional Use Permit, Developer
shall have constructed the necessary BMP measures necessary to capture and filter the
anticipated pollutants of concern associated with the Project in accordance with the City-
approved SWMP and the latest California National Pollution Discharge Elimination
System (NPDES) permit requirements. Developer shall provide evidence of completion
to the satisfaction of the City Engineer.
7. This Conditional Use Permit is granted for a period of five years from September 18,
2005 through September 17, 2010. 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. This permit may be extended for a reasonable period of time
not to exceed five (5) years upon written application of the permittee made no less than
90 days prior to the expiration date. The Planning Commission may not grant such
extension, unless it finds that there are no substantial negative effects on surrounding land
uses or the public’s health and welfare. If a substantial negative effect on surrounding
land uses or the public’s health and welfare is found, the extension shall be denied or
granted with conditions which will eliminate or substantially reduce such effects. There
is no limit to the number of extensions the Planning Commission may grant.
NOTICE
Please take NOTICE that 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.
...
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PC RES0 NO. 5962 -4-
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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 2nd day of November 2005 by the
following vote, to wit:
AYES: Chairperson Segall, Commissioners Baker, Cardosa, Dominguez,
Heineman, Montgomery, and Whitton
NOES:
ABSENT:
ABSTAIN:
JEFFRE N. SEGALL, Chirperson
CARLSBAD PLANNING COMMISSION
DON NEU
Assistant Planning Director
PC RES0 NO. 5962 -5-