HomeMy WebLinkAbout2012-06-06; Planning Commission; Resolution 6888
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT TO DEVELOP A 99 ROOM
BUSINESS HOTEL ON A 2.49 ACRE VACANT LOT ON
PROPERTY GENERALLY LOCATED ON THE SOUTH SIDE
OF PALOMAR OAKS WAY, SOUTH OF PALOMAR AIRPORT
ROAD, AND EAST OF WEST OAKS WAY, IN LOCAL
FACILITIES MANAGEMENT ZONE 5.
CASE NAME: FAIRFIELD INN CARLSBAD
CASE NO.: CUP 11-06
WHEREAS, Surya, LP, “Developer/Owner,” has filed a verified application with
the City of Carlsbad regarding property described as:
All of Lot 16 and a Portion of Lot 15 of Carlsbad Tract No. 80-
38, Map No. 10198, as Filed in the Office of the County
Recorder, County of an Diego, State of California, as
Instrument No. 81-294627, Dated September 15, 1981, Official
Records,
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Conditional Use
Permit as shown on Exhibits “A” – “M” dated June 6, 2012, on file in the Planning Division,
FAIRFIELD INN CARLSBAD – CUP 11-06, as provided by Chapter 21.42 and/or 21.50 of
the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on June 6, 2012, 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.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
PLANNING COMMISSION RESOLUTION NO. 6888
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A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
APPROVES FAIRFIELD INN CARLSBAD – CUP 11-06, based on the
following findings and subject to the following conditions:
Findings:
1. That the requested use is necessary or desirable for the development of the community,
and is in harmony with the various elements and objectives of the general plan, including,
if applicable, the certified local coastal program, specific plan or master plan, in that the
proposed business hotel is designed for use by business visitors to the City and the
adjacent industrial office area. The use is necessary and desirable in that the
proposed hotel is in close vicinity of the airport and is within a planned industrial
business park and will supply transient housing for business travelers and visitors
to the City. As discussed in Section A of the staff report, the project complies with
the General Plan Land Use Designations.
2. That the requested use is not detrimental to existing uses or to uses specifically permitted
in the zone in which the proposed use is to be located in that the proposed business
hotel is designed to meet or exceed the zoning development regulations, is
architecturally compatible with the surrounding industrial buildings, and the site is
adequately designed to accommodate the operations of a hotel. For these reasons,
the hotel will not be detrimental to surrounding industrial office and open space
uses.
3. That the site for the proposed conditional use is adequate in size and shape to
accommodate the yards, setbacks, walls, fences, parking, loading facilities, buffer areas,
landscaping and other development features prescribed in this code and required by the
City Planner, planning commission or city council, in order to integrate the use with other
uses in the neighborhood, in that with the exception of the approved 10 space parking
reduction, the proposed hotel is designed to meet all required setbacks, parking,
habitat buffers, safety fencing for the proposed pool, and is conditioned to maintain
the landscaping and other hotel amenities associated with a business hotel so as to
integrate the hotel use with the industrial office uses in the neighborhood.
4. That the street system serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that the proposed 693 ADT’s projected for the
business hotel is within the same acceptable range as an office building (a
comparable sized office building would generate 1,095 ADT’s) which would be
allowed by right within the Planned Industrial zone. The street system is designed
and sized to accommodate any traffic from the project and cumulative development
within the surrounding business park.
5. That the City Planner has determined that the project belongs to a class of projects that
the State Secretary for Resources has found do not have a significant impact on the
environment, and it is therefore categorically exempt from the requirement for the
preparation of environmental documents pursuant to Section 15332 – Infill
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Development of the state CEQA Guidelines. In making this determination, the City
Planner has found that the exceptions listed in Section 15300.2 of the state CEQA
Guidelines do not apply to this project.
6. The project is consistent with the Citywide Facilities and Improvements Plan, the Local
Facilities Management Plan for Zone 5 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.
7. The project is consistent with the adopted McClellan-Palomar Airport Land Use
Compatibility Plan (ALUCP) (adopted January 25, 2010, amended March 4, 2010), in
that the project is compatible with the projected noise levels of the ALUCP; and, based
on the noise/land use compatibility matrix of the ALUCP, the proposed land use is
compatible with the airport, in that the proposed hotel is outside the 65 dBA CNEL
contour and no notification for aircraft noise is required for non-residential uses.
8. 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.
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a
grading permit or 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
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.
2. 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.
3. Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
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4. If any condition for construction of any public improvements or facilities, or the payment
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.
5. 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
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. This obligation
survives until all legal proceedings have been concluded and continues even if the City’s
approval is not validated.
6. Developer shall submit to the City Planner a reproducible 24” x 36” mylar copy of the
Site Plan reflecting the conditions approved by the final decision-making body.
7. 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).
8. Prior to the issuance of a building permit, the Developer shall provide proof to the
Director from the Carlsbad School District that this project has satisfied its obligation to
provide school facilities.
9. This project shall comply with all conditions and mitigation measures which are required
as part of the Zone 5 Local Facilities Management Plan and any amendments made to that
Plan prior to the issuance of building permits.
10. This approval is granted subject to the approval of Habitat Management Plan Permit –
HMP 11-05 and is subject to all conditions contained in Planning Commission
Resolution No. 6889 for that other approval incorporated herein by reference.
11. This approval shall become null and void if building permits are not issued for this
project within 24 months from the date of project approval.
12. 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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13. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy
#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
Local Facilities Management Plan fee for Zone 5, 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
approval will not be consistent with the General Plan and shall become void.
14. Prior to the issuance of the grading permit or building permit, whichever occurs first,
Developer shall submit to the City a Notice of Restriction executed by the owner of the
real property to be developed. Said notice is to be filed in the office of the County
Recorder, subject to the satisfaction of the City Planner, notifying all interested parties
and successors in interest that the City of Carlsbad has issued a Conditional Use Permit
and Habitat Management Plan Permit by Resolutions No. 6888 and 6889 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 City
Planner 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 or
successor in interest.
15. Developer shall submit and obtain City Planner approval of a Final Landscape and
Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and
the City’s Landscape Manual. Developer shall construct and install all landscaping and
irrigation as shown on the approved Final Plans. All landscaping shall be maintained in a
healthy and thriving condition, free from weeds, trash, and debris. All irrigation systems
shall be maintained to provide the optimum amount of water to the landscape for plant
growth without causing soil erosion and runoff.
16. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the
landscape plancheck process on file in the Planning Division and accompanied by the
project’s building, improvement, and grading plans.
17. CUP 11-06 shall be reviewed by the City Planner annually 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, safety and general welfare. If the City
Planner determines that: 1) the Conditional Use Permit was obtained by fraud or
misrepresentation; or 2) the use for which such approval was granted is not being
exercised; or 3) the Conditional Use Permit is being or recently has been exercised
contrary to any of the terms or conditions of approval or the conditions of approval have
not been met; or 4) the use for which such approval was granted has ceased to exist or has
been suspended for one year or more; or 5) the use is in violation of any statute,
ordinance, law or regulation; or 6) the use permitted by the Conditional Use Permit is
being or has been so exercised as to be detrimental to the public health, safety or welfare
or so as to constitute a nuisance, the City Planner shall recommend that the Planning
Commission hold a public hearing and after providing the permittee the opportunity to be
heard, the Planning Commission may revoke and terminate the Conditional Use Permit in
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whole or in part, reaffirm the Conditional Use Permit, modify the conditions or impose
new conditions.
18. This Conditional Use Permit is granted for a period of 10 years from June 6, 2012
through June 5, 2022. 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 10 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.
Engineering:
Note: Unless specifically stated in the condition, all of the following conditions, upon the
approval of this proposed development, must be met prior to approval of a building or
grading permit whichever occurs first.
General
19. Prior to hauling dirt or construction materials to or from any proposed construction site
within this project, developer shall apply for and obtain approval from, the city engineer
for the proposed haul route.
20. This project is approved upon the express condition that building permits will not be
issued for the development of the subject property, unless the district engineer has
determined that adequate water and sewer facilities are available at the time of permit
issuance and will continue to be available until time of occupancy.
21. Developer shall submit to the city planner, a reproducible 24" x 36", mylar copy of the
Site Plan and conceptual grading plan reflecting the conditions approved by the final
decision making body. The reproducible shall be submitted to the city planner, reviewed
and, if acceptable, signed by the city's project engineer and project planner prior to
submittal of the building plans, improvement plans or grading plans whichever occurs
first.
22. Developer shall install sight distance corridors at all street intersections and driveways in
accordance with City Engineering Standards. The property owner shall maintain this
condition.
Fees/Agreements
23. Developer shall cause property owner to execute and submit to the city engineer for
recordation, the city’s standard form Geologic Failure Hold Harmless Agreement.
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24. Developer shall cause property owner to execute and submit to the city engineer for
recordation the city’s standard form Drainage Hold Harmless Agreement.
25. Developer shall cause property owner to execute and submit to the city engineer for
recordation the city’s standard form Odor Impact Hold Harmless Agreement.
26. Developer shall cause property owner to submit an executed copy to the city engineer for
recordation a city standard Permanent Stormwater Quality Best Management Practice
Maintenance Agreement.
27. Developer shall cause property owner to apply for, execute, and submit, to the city
engineer for recordation, an Encroachment Agreement covering private sidewalk,
driveway enhanced pavement and trees located over proposed public sewer and water
easements as shown on the site plan. Developer shall pay processing fees per the city’s
latest fee schedule.
28. Prior to approval of any grading or building permits for this project, developer shall cause
owner to give written consent to the city engineer for the annexation of the area shown
within the boundaries of the site plan into the existing City of Carlsbad Street Lighting
and Landscaping District No. 1 and/or to the formation or annexation into an additional
Street Lighting and Landscaping District. Said written consent shall be on a form
provided by the city engineer.
Grading
29. Based upon a review of the proposed grading and the grading quantities shown on the site
plan, a grading permit for this project is required. Developer shall prepare and submit
plans and technical studies/reports for city engineer review, post security and pay all
applicable grading plan review and permit fees per the city’s latest fee schedule.
30. Developer shall comply with the city's Stormwater Regulations, latest version, and shall
implement best management practices at all times. Best management practices include
but are not limited to pollution control practices or devices, erosion control to prevent silt
runoff during construction, general housekeeping practices, pollution prevention and
educational practices, maintenance procedures, and other management practices or
devices to prevent or reduce the discharge of pollutants to stormwater, receiving water or
stormwater conveyance system to the maximum extent practicable. Developer shall notify
prospective owners and tenants of the above requirements.
31. Prior to the issuance of a grading permit, developer shall submit to the city engineer
receipt of a Notice of Intent from the State Water Resources Control Board.
32. Prior to the issuance of grading permit or building permit, whichever occurs first,
developer shall submit for city approval a Tier 3 Storm Water Pollution Prevention Plan
(TIER 3 SWPPP). The TIER 3 SWPPP shall comply with current requirements and
provisions established by the San Diego Regional Water Quality Control Board and City
of Carlsbad Requirements. The TIER 3 SWPPP shall identify and incorporate measures
to reduce storm water pollutant runoff during construction of the project to the maximum
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extent practicable. Developer shall pay all applicable SWPPP plan review and inspection
fees per the city’s latest fee schedule.
33. This project is subject to ‘Priority Development Project’ requirements. Developer shall
prepare and process a Storm Water Management Plan (SWMP), subject to city engineer
approval, to demonstrate how this project meets new/current storm water treatment
requirements per the city’s Standard Urban Storm Water Management Plan (SUSMP),
latest version. In addition to new treatment control BMP selection criteria in the
SUSMP, the developer shall use low impact development (site design) approaches to
ensure that runoff from impervious areas (roofs, pavement, etc.) are drained through
landscaped (pervious) areas prior to discharge. Developer shall pay all applicable SWMP
plan review and inspection fees per the city’s latest fee schedule.
34. Developer is responsible to ensure that all final design plans (grading plans, improvement
plans, landscape plans, building plans, etc.) incorporate all source control, site design,
treatment control BMP, applicable hydromodification measures, and Low Impact Design
(LID) facilities.
35. Developer shall submit documentation, subject to city engineer approval, demonstrating
how this project complies with Hydromodification requirements per the city’s SUSMP,
latest version. Documentation shall be included within the Storm Water Management
Plan (SWMP).
36. Prior to issuance of a grading permit, developer shall obtain SDG&E’s approval of
the proposed encroachments and grading within the onsite SDG&E easement.
Approval shall be in the form of an authorized signature on the grading plans or
other means to the satisfaction of the City Engineer.
Dedications/Improvements
37. Developer shall cause owner to dedicate an easement to the city for sewer purposes and
an easement to the Carlsbad Municipal Water District for water pipeline purposes,
all as shown on the site plan. The offer shall be made by a separate recorded document.
All land so offered shall be free and clear of all liens and encumbrances and without cost
to the city. Streets that are already public are not required to be rededicated. Additional
easements may be required at final design to the satisfaction of the city engineer.
38. Developer shall design the private drainage systems, as shown on the site plan to the
satisfaction of the city engineer. All private drainage systems (12” diameter storm drain
and larger) shall be inspected by the city. Developer shall pay the standard improvement
plan check and inspection fees for private drainage systems.
39. Developer shall prepare and process public improvement plans and, prior to city engineer
approval of said plans, shall execute a city standard Development Improvement
Agreement to install and shall post security in accordance with C.M.C. Section 20.16.070
for public improvements shown on the SITE PLAN. Said improvements shall be installed
to city standards to the satisfaction of the city engineer. These improvements include, but
are not limited to:
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A. Water pipeline and related appurtenances.
B. Sewer pipeline and related appurtenances.
Developer shall pay the standard improvement plan check and inspection fees.
Improvements listed above shall be constructed within 36 months of approval of the
subdivision or development improvement agreement or such other time as provided in
said agreement.
40. Developer shall design, and obtain approval from the city engineer, the structural section
for the access aisles with a traffic index of 5.0 in accordance with city standards due to
truck access through the parking area and/or aisles with an ADT greater than 500. Prior to
completion of grading, the final structural pavement design of the aisle ways shall be
submitted together with required R-value soil test information subject to the review and
approval of the city engineer.
41. Prior to the issuance of a building permit, Developer shall process for vacation the
City of Carlsbad Sewer Easement shown on Map No. 10198, filed September 15,
1981. Said vacation shall be recorded following abandonment of the sewer pipe.
42. Prior to the issuance of a building permit, Developer shall provide proof that the
easement for the existing Buena Sanitation District sewer pipe line recorded
January 5, 1965 as instrument No. 1288 and September 21, 1965 as instrument No.
171355 has been vacated subject to the District’s satisfaction.
43. Prior to the issuance of a building permit, Developer shall provide proof that the
easement for the existing San Marcos County Water District pipe line together with
the right of ingress and egress purposes recorded March 4, 1981 as instrument No.
81-065865 has been vacated subject to the District’s satisfaction.
Utilities
44. Developer shall meet with the fire marshal to determine if fire protection measures (fire
flows, fire hydrant locations, building sprinklers) are required to serve the project. Fire
hydrants, if proposed, shall be considered public improvements and shall be served by
public water mains to the satisfaction of the district engineer.
45. Developer shall design and construct public facilities within public right-of-way or within
minimum 20-foot wide easements granted to the district or the City of Carlsbad. At the
discretion of the district or city engineer, wider easements may be required for adequate
maintenance, access and/or joint utility purposes.
46. Prior to issuance of building permits, developer shall pay all fees, deposits, and charges
for connection to public facilities.
47. The developer shall design landscape and irrigation plans utilizing recycled water as a
source and prepare and submit a colored recycled water use map to the Planning
Department for processing and approval by the district engineer.
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48. Developer shall install potable water and/or recycled water services and meters at
locations approved by the district engineer. The locations of said services shall be
reflected on public improvement plans.
49. The developer shall install sewer laterals and clean-outs at locations approved by the city
engineer. The locations of sewer laterals shall be reflected on public improvement plans.
50. The developer shall design and construct public water, sewer, and recycled water
facilities substantially as shown on the site plan to the satisfaction of the district engineer
and city engineer.
Code Reminders:
The project is subject to all applicable provisions of local ordinances, including but not limited to
the following:
51. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and
Section 13.10 of the City of Carlsbad Municipal Code, respectively. The Average Daily
Trips (ADT) and floor area contained in the staff report and shown on the site plan are for
planning purposes only.
51. Prior to the issuance of a building permit, Developer shall pay a Public Facility fee as
required by Council Policy No. 17.
52. Prior to the issuance of a building permit, Developer shall pay the Local Facilities
Management fee for Zone 5 as required by Carlsbad Municipal Code Section 21.90.050.
53. Developer shall pay a landscape plancheck and inspection fee as required by Section
20.08.050 of the Carlsbad Municipal Code.
54. Approval of this request shall not excuse compliance with all applicable sections of the
Zoning Ordinance and all other applicable City ordinances in effect at time of building
permit issuance, except as otherwise specifically provided herein.
55. The project shall comply with the latest nonresidential disabled access requirements
pursuant to Title 24 of the California Building Code.
56. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
Code Section 18.04.320.
57. Any signs proposed for this development shall at a minimum be designed in conformance
with the City’s Sign Ordinance and shall require review and approval of the City Planner
prior to installation of such signs.
. . .
. . .