HomeMy WebLinkAbout2008-10-01; Planning Commission; Resolution 64731 PLANNING COMMISSION RESOLUTION NO. 6473
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, APPROVING NON -
RESIDENTIAL PLANNED DEVELOPMENT PERMIT
4 AMENDMENT PUD 03-06(B) FOR THE DEVELOPMENT OF A
5 32-UNIT COMMERCIAL DWELLING UNIT PROJECT WITHIN
PLANNING AREA 1 OF THE LA COSTA RESORT AND SPA
6 MASTER PLAN ON PROPERTY GENERALLY LOCATED ON
THE SOUTHEAST CORNER OF ARENAL ROAD AND
7 ESTRELLA DE MAR ROAD WITHIN LOCAL FACILITIES
MANAGEMENT ZONE 6.
CASE NAME: LA COSTA RESORT PA 1
9 CASE NO.: PUD 03-06CB)
10 WHEREAS, W2007 La Costa I LLC, "Developer" and "Owner" has filed a
verified application with the City of Carlsbad regarding property described as
12 Lots 10, 11, 12, and 16 of Carlsbad Tract 03-01, in the City of
13 Carlsbad, County of San Diego, State of California, according to
map thereof no. 14984, filed in the Office of the County Recorder of
14 San Diego, March 18, 2005
15 ("the Property"); and
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WHEREAS, said verified application constitutes a request for a Non-Residential
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Planned Development Permit as shown on Exhibit(s) "A" - "Z" dated October 1, 2008, on file18
19 in the Planning Department, LA COSTA RESORT PA 1 - PUD 03-06(B), as provided by
20 Chapter 21.47 of the Carlsbad Municipal Code; and
21 WHEREAS, the Planning Commission did, on October 1, 2008, hold a duly
22 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
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and arguments, if any, of persons desiring to be heard, said Commission considered all factors
26 relating to the Non-Residential Planned Development Permit Amendment; and
27 WHEREAS, on August 18, 2004, the Planning Commission recommended
2" approval of PUD 03-06, as described and conditioned in Planning Commission Resolution No.
5703;and
1 WHEREAS, on September 21, 2004, the City Council approved PUD 03-06, as
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described and conditioned in City Council Resolution No. 2004-304; and
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WHEREAS, on January 17, 2007, the Planning Commission approved La Costa4
^ Resort Villas (PA 2) - PUD 03-06(A), as described and conditioned in Planning Commission
6 Resolution No. 6236.
7 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
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Commission of the City of Carlsbad as follows:
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A) That the foregoing recitations are true and correct.
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B) That based on the evidence presented at the public hearing, the Commission
11 APPROVES LA COSTA RESORT PA 1 - PUD 03-06(B), based on the
12 following findings and subject to the following conditions:
13 Findings:
14 i. The adopted findings for PUD 03-06 which are contained in Planning Commission
1 <_ Resolution No. 5703 apply to this amendment and are incorporated herein by this
reference.
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2. The Planning Director has determined that:
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a. the project is a(n) project for which a Mitigated Negative Declaration - La
Costa Resort and Spa Master Plan GPA 03-08 was previously adopted
19 [15162];
20 b. this project is consistent with the project/plan cited above;
O 1 c. a Mitigated Negative Declaration was adopted by the City Council on
22 September 21,2004 in connection with the prior project or plan;
23 d. the project has no new significant environmental effect not analyzed as significant
in the prior Mitigated Negative Declaration;
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~- e. none of the circumstances requiring a Subsequent Mitigated Negative
Declaration under CEQA Guidelines Sections 15162 or 15163 exist.
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3. The Planning Commission has reviewed each of the exactions imposed on the Developer
27 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.
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Conditions:
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Note: Unless otherwise specified herein, all conditions shall be satisfied prior to recordation of
3 a Final Map or Grading Permit Issuance, whichever occurs first.
4 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
6 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
9 or a successor in interest by the City's approval of this Non - Residential Planned
Development Permit.
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2. Approval is granted for PUD 03-06(B) as shown on Exhibits "A" - "Z" dated October
1, 2008, on file in the Planning Department and incorporated herein by reference.
Development shall occur substantially as shown unless otherwise noted in these
conditions.
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3. Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Non - Residential Planned Development 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.
16 Any proposed development different from this approval, shall require an amendment to
this approval.
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4. Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
19 If any condition for construction of any public improvements or facilities, or the payment
20 of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are
challenged, this approval shall be suspended as provided in Government Code Section
66020. If any such condition is determined to be invalid, this approval shall be invalid
~~ unless the City Council determines that the project without the condition complies with
all requirements of law.
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6. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
24 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,
26 directly or indirectly, from (a) City's approval and issuance of this Non - Residential
Planned Development Permit, (b) City's approval or issuance of any permit or action,
27 whether discretionary or nondiscretionary, in connection with the use contemplated
herein, and (c) Developer/Operator's installation and operation of the facility permitted
hereby, including without limitation, any and all liabilities arising from the emission by
the facility of electromagnetic fields or other energy waves or emissions.
PC RESO NO. 6473 -3-
7. Developer shall submit to the Planning Director a reproducible 24" x 36" mylar copy of
2 the Site Plan reflecting the conditions approved by the final decision-making body.
3 8. Developer shall include, as part of the plans submitted for any permit plancheck, a
reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawing
format (including any applicable Coastal Commission approvals).
9. Prior to the issuance of a building permit, the Developer shall provide proof to the
6 Director from the Carlsbad Unified School Districts that this project has satisfied its
obligation to provide school facilities.
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10. This project shall comply with all conditions and mitigation measures which are required
as part of the Zone 6 Local Facilities Management Plan and any amendments made to that
9 Plan prior to the issuance of building permits.
10 11. This approval is granted subject to the approval of CT 07-08 and is subject to all
conditions contained in Planning Commission. Resolution No. 6472 for those other
approvals incorporated herein by reference.
12 12. This approval shall become null and void if building permits are not issued for this
13 project within 24 months from the date of project approval.
14 13. Building permits will not be issued for this project unless the local agency providing
water and sewer services to the project provides written certification to the City that
adequate water service and sewer facilities, respectively, are available to the project at the
time of the application for the building permit, and that water and sewer capacity and
facilities will continue to be available until the time of occupancy.
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14. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy
18 #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section
5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by
Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable
20 Local Facilities Management Plan fee for Zone 6, pursuant to Chapter 21.90. All such
taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this
21 approval will not be consistent with the General Plan and shall become void.
22 15. Developer shall submit to the City a Notice of Restriction executed by the owner of the
23 real property to be developed. Said notice is to be filed in the office of the County
Recorder, subject to the satisfaction of the Planning Director, notifying all interested
24 parties and successors in interest that the City of Carlsbad has issued a(n) Non-
Residential Planned Development Permit by Resolution(s) No. 6473 on the property.
Said Notice of Restriction shall note the property description, location of the file
containing complete project details and all conditions of approval as well as any
conditions or restrictions specified for inclusion in the Notice of Restriction. The
27 Planning Director has the authority to execute and record an amendment to the notice
which modifies or terminates said notice upon a showing of good cause by the Developer
28 or successor in interest.
PC RESO NO. 6473 -4-
16. All roof appurtenances, including air conditioners, shall be architecturally integrated and
2 concealed from view and the sound buffered from adjacent properties and streets, in
substance as provided in Building Department Policy No. 80-6, to the satisfaction of the
3 Directors of Community Development and Planning.
17. No outdoor storage of materials shall occur onsite unless required by the Fire Chief.
- When so required, the Developer shall submit and obtain approval of the Fire Chief and
the Planning Director of an Outdoor Storage Plan, and thereafter comply with the
6 approved plan.
7 18. Developer shall submit and obtain Planning Director approval of an exterior lighting plan
including parking areas. All lighting shall be designed to reflect downward and avoid any
impacts on adjacent homes or property.
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19. Developer shall construct, install, and stripe not less than 143 parking spaces, as shown
10 on Exhibit "A" - "Z" dated October 1,2008.
20. Prior to issuance of building permit for Building 9, the developer shall submit for
review and approval by the Planning Director, a service vehicle and tour bus route
plan which will reduce impacts to residents on Arenal Lane.
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14 NOTICE
15 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
16 "fees/exactions."
17 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
19 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.
21 You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions
22 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
23 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.
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the planning
Commission of the City of Carlsbad, California, held on October 1, 2008, by the following vote,
to wit:
AYES:
NOES:
Commissioners Baker, Boddy, Cardosa, Dominguez, and
Chairperson Whitton
ABSENT: Commissioners Douglas and Montgomery
ABSTAIN:
'FRANK H. WHITTON, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
Planning Director
PC RESO NO. 6473 -6-