HomeMy WebLinkAbout2013-07-17; Planning Commission; Resolution 7000
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT FOR THE CONSTRUCTION OF
A 133-ROOM THREE STORY HOTEL ON PARCEL A OF MS
12-02 GENERALLY LOCATED SOUTH OF PALOMAR
AIRPORT ROAD, EAST OF INNOVATION WAY, AND WEST
OF COLT PLACE, WITHIN PLANNING AREA 4 OF THE
BRESSI RANCH MASTER PLAN AND THE LOCAL
FACILITIES MANAGEMENT ZONE 17.
CASE NAME: ALPS INNOVATION HOLIDAY INN
CASE NO.: CUP 12-06
WHEREAS, Alps Innovation LLC, “Developer/Owner,” has filed a verified
application with the City of Carlsbad, described as
Lot 1 of Carlsbad Tract CT 06-20 in the City of Carlsbad,
County of San Diego, State of California, according to map
thereof No. 15630, filed in the Office of the County Recorder of San Diego on October 11, 2007
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Conditional Use
Permit as shown on Exhibits “A” – “M” dated July 17, 2013, on file in the Planning Division,
ALPS INNOVATION HOLIDAY INN – CUP 12-06, as provided by Chapter 21.42 and/or
21.50 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on July 17, 2013, 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:
A) That the foregoing recitations are true and correct.
PLANNING COMMISSION RESOLUTION NO. 7000
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B) That based on the evidence presented at the public hearing, the Commission
APPROVES ALPS INNOVATION HOLIDAY INN – CUP 12-06, 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
Holiday Inn hotel, which is part of a combined hotel project, is designed for use by
visitors to the City and the adjacent industrial office area. The hotel 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 project staff report, the hotel use is in harmony with the elements and objectives of
the General Plan.
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 Holiday Inn hotel,
which is part of a combined hotel project, 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 the proposed hotel uses. For these reasons, the hotel will not be
detrimental to the surrounding industrial office 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 the combined hotel project, for which the Holiday
Inn hotel is a part of, is adequate in size and shape to accommodate the proposed
hotel uses in that both hotels can be appropriately fit within the proposed
development area without the need for any variances. Furthermore, the project
complies with all of the required development standards of the Parking Ordinance
and P-M Zone in that, adequate parking for the combined uses is provided;
adequate building and landscape setbacks have been provided; the proposed buildings are designed with enclosed service areas to conceal trash receptacles and
storage of supplies; and all roof-mounted mechanical equipment is appropriately
screened from public view.
4. That the street system serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that the combined hotel project, for which the
Holiday Inn hotel is a part of, will generate 1,673 Average Daily Trips (ADT), with
134 AM peak hour trips, and 151 PM peak hour trips. This traffic will primarily
use the Palomar Airport Road (Prime Arterial) roadway segment. Existing traffic
on this arterial is approximately 52,786 ADT (2012). Based on the City of Carlsbad 2004 Traffic Monitoring Program, the existing peak hour level of service for this
roadway segment is “A.” The intersection of Palomar Airport Road and Innovation
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Way, although impacted by the project, is still within an acceptable level of service.
The project traffic would represent 3% of the existing traffic volume on Palomar
Airport Road. While an increase in traffic from the proposed project may be
slightly noticeable, the street system has been designed and sized to accommodate traffic from the project and cumulative development in the City of Carlsbad.
Additionally, Urban Systems Associates, Inc. has evaluated the traffic impacts of the
hotel project in the Traffic Report for Bressi Ranch Hotels dated May 1, 2013 and
concluded that the traffic impacts to the nearby major intersections and roadway
mid-block segments would be less than significant for the Existing Plus Project and
Buildout Plus Project conditions.
5. The project is consistent with the adopted Airport Land Use Compatibility Plan for the
McClellan-Palomar Airport (ALUCP), dated March 4, 2010, in that as conditioned the
applicant shall record an avigation easement. The project is compatible with the
projected noise levels of the ALUCP; and, based on the noise and safety compatibility
criteria of the ALUCP, the proposed land use is compatible with the airport, in that for
the portions of the site exposed to 60-65 dB CNEL, interior noise levels are
conditioned to be attenuated to 45 CNEL; the Federal Aviation Administration
(FAA) completed an aeronautical study under the provisions of the Code of Federal
Regulations, Part 77, (February 8, 2013 and March 11, 2013), for which a
“determination of no hazard to air navigation” was issued; and based on both the FAR and Maximum Intensity methodologies, the proposed hotel complies with the
safety criteria of usage intensity of the ALUCP.
6. That the project is consistent with the City-Wide Facilities and Improvements Plan, the
Local Facilities Management Plan for Zone 17 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.
Specifically,
a. The project has been conditioned to provide proof from the Carlsbad Unified
School District that the project has satisfied its obligation for school facilities.
b. The Public Facility fee is required to be paid by Council Policy No. 17 and will be
collected prior to the issuance of building permit.
c. The Local Facilities Management fee for Zone 17 is required by Carlsbad
Municipal Code Section 21.90.050 and will be collected prior to issuance of
building permit.
d. A growth management park fee of $0.40 per square foot of non-residential
development will be collected at the time of building permit issuance. This fee will be used to construct recreational facilities to offset demand created
by employees within Local Facilities Management Zone 17.
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7. That the project is consistent with the City’s Landscape Manual (Carlsbad Municipal
Code Section 14.l28.020 and Landscape Manual Section 1B).
8. The City Planner has determined that:
a. the project is a subsequent activity of the Bressi Ranch Master Plan (MP 178), a
project for which a program EIR was prepared, and a notice for the activity has
been given, which includes statements that this activity is within the scope of the
program approved earlier, and that the program EIR adequately describes the
activity for the purposes of CEQA); [15168( c)(2) and (e)]; and/or
b. this project is consistent with the Master Plan cited above; and
c. the Bressi Ranch Master Plan Final EIR 98-04 was certified by the City
Council on July 9, 2002 in connection with the prior project or plan; and
d. the project has no new significant environmental effect not analyzed as significant
in the prior EIR; and
e. none of the circumstances requiring a Subsequent EIR or a Supplemental EIR
under CEQA Guidelines Sections 15162 or 15163 exist; and
f. The City Planner finds that all feasible mitigation measures or project
alternatives identified in the EIR 98-04, which are appropriate to this Subsequent
Project, have been completed, incorporated into the project design or are required
as conditions of approval for this Subsequent Project.
9. 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 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.
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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.
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 Planning Division a reproducible 24” x 36” mylar copy of
the Site Plan and Grading Plans reflecting the conditions approved by the final
decision-making body.
7. Prior to the issuance of a building permit, the Developer shall provide proof to the
Building Division from the Carlsbad Unified School District that this project has
satisfied its obligation to provide school facilities.
8. This project shall comply with all conditions and mitigation measures which are required
as part of the Zone 17 Local Facilities Management Plan and any amendments made to
that Plan prior to the issuance of building permits, including, but not limited to the
following:
a. A growth management park fee of $0.40 per square foot of non-residential
development will be collected at the time of building permit issuance. This fee
will be used to construct recreational facilities to offset demand created by employees within Local Facilities Management Zone 17.
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9. This approval is granted subject to the approval of CUP 12-05 and is subject to all
conditions contained in Planning Commission Resolutions No. 6999 for this other
approval incorporated herein by reference.
10. This approval is granted subject to the approval of a Minor Non-Residential Planned
Development Permit (PUD 12-04) and Minor Subdivision (MS 12-02) and is subject
to all conditions contained in the City Planner’s approval letters for those other
approvals 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. A note to this effect
shall be placed on the Final Parcel Map for MS 12-02.
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 17, 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. 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
by Resolution No. 7000 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. CUP 12-06 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
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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
whole or in part, reaffirm the Conditional Use Permit, modify the conditions or impose
new conditions.
16. This Conditional Use Permit is granted without an expiration date. 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.
17. 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.
18. 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.
19. All roof appurtenances, including air conditioners, shall be architecturally integrated and
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
Directors of Community Development and Planning.
20. Prior to issuance of building permits, the Developer shall record an Avigation Easement
for the property to the County of San Diego and file a copy of the recorded document
with the City Planner.
21. Developer shall construct trash receptacle and recycling areas enclosed by a six-foot-high
masonry wall with gates pursuant to City Engineering Standards and Carlsbad Municipal
Code Chapter 21.105. Location of said receptacles shall be approved by the City Planner.
Enclosure shall be of similar colors and/or materials to the project to the satisfaction of
the City Planner.
22. 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 City Planner of an Outdoor Storage Plan, and thereafter comply with the approved
plan.
23. Developer shall submit and obtain City Planner 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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24. Compact parking spaces shall be located in large groups, and in locations clearly marked
to the satisfaction of the City Planner.
25. Developer shall construct, install, and stripe not less than 163 parking spaces, as shown
on Exhibit “A” of Exhibits “A” – “M” dated July 17, 2013.
26. Prior to issuance of a building permit for the hotel use, all parties involved in the joint
use of a parking lot shall provide evidence of agreement for such joint use by a proper
legal instrument approved by the city attorney as to form and the City Planner as to
content. Such instrument, when approved as conforming to the provisions of this title,
shall be recorded in the office of the county recorder and copies thereof filed with the
City Planner.
27. Developer shall request and receive from the City a Release of Notice of Restriction
on Real Property recorded June 2, 2005 in the San Diego County Recorder’s Office
under Document No. 2005-0461222.
28. Prior to issuance of a building permit, the project design shall incorporate the recommendations contained within the Christopher Jean & Associates Acoustical
Analysis dated June 12, 2012.
29. The building shall install red obstruction lights in accordance with the Federal
Aviation Administration’s “Determination of No Hazard to Air Navigation”
Aeronautical Study Nos. 2012-AWP-6425-OE issued on February 8, 2013; and 2012-
AWP-6426-OE, 2012-AWP-6427-OE, 2012-AWP-6428-OE, 2012-AWP-6429-OE and 2012-AWP-6430-OE issued on March 11, 2013, or as amended by the FAA if
applicable.
Code Reminders:
Note: The project is subject to all applicable provisions of local ordinances, including but not
limited to the following code requirements:
30. Developer shall pay park-in-lieu fees to the City, prior to the approval of the final map as
required by Chapter 20.44 of the Carlsbad Municipal Code.
31. Prior to the issuance of a building permit, Developer shall pay a Public Facility fee as
required by Council Policy No. 17.
32. Prior to the issuance of a building permit, Developer shall pay the Local Facilities
Management fee for Zone 17 as required by Carlsbad Municipal Code Section 21.90.050.
33. Developer shall pay a landscape plancheck and inspection fee as required by Section
20.08.050 of the Carlsbad Municipal Code.
34. 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.
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35. The project shall comply with the latest nonresidential disabled access requirements
pursuant to Title 24 of the California Building Code.
36. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
Code Section 18.04.320.
37. 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.
NOTICE TO APPLICANT
An appeal of this decision to the City Council must be filed with the City Clerk at 1200 Carlsbad
Village Drive, Carlsbad, California, 92008, within ten (10) calendar days of the date of the
Planning Commission’s decision. Pursuant to Carlsbad Municipal Code Chapter 21.54, section
21.54.150, the appeal must be in writing and state the reason(s) for the appeal. The City Council
must make a determination on the appeal prior to any judicial review.
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 fees/exactions
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 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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