HomeMy WebLinkAbout2015-12-16; Planning Commission; Resolution 7142
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A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF SPECIFIC PLAN
AMENDMENT NO. SP 207(K) TO EXPAND PLANNING AREA 5 TO INCLUDE
3.6 ACRES AS PLANNING AREA 5A AND INCLUDE SPECIFIC LAND USE
REGULATIONS FOR PLANNING AREA 5A ON PROPERTY GENERALLY
LOCATED WEST OF THE CROSSINGS DRIVE AND EAST OF MARBRISA DRIVE
IN THE MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM AND
LOCAL FACILITIES MANAGEMENT ZONE 8.
CASE NAME: WESTIN HOTEL AND TIMESHARE
CASE NO.: SP 207(K)
WHEREAS, Grand Pacific Resorts, Inc., “Developer,” has filed a verified application with
the City of Carlsbad regarding property owned by the City of Carlsbad, “Owner,” described as
Those portions of Lots F and H of Rancho Agua Hedionda, in the County
of San Diego, State of California, according to Partition Map No. 823,
filed in the office of the County Recorder of San Diego County,
November 16, 1896; and, Lot 9 of City of Carlsbad CT 09-03, in the City
of Carlsbad, County of San Diego, State of California, according to map
thereof No. 15902, filed in the office of the County Recorder of San
Diego County, March 4, 2013
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Specific Plan amendment,
on file in the Carlsbad Planning Division, SP 207(K) – WESTIN HOTEL AND TIMESHARE as provided by SP
207 and Government Code Section 65453 and Chapter 21.54 of the Carlsbad Municipal Code; and
WHEREAS, the proposed SP 207(K) – WESTIN HOTEL AND TIMESHARE is set forth and
attached in the draft City Council Ordinance, Exhibit “SP 207(K)” dated, December 16, 2015, and attached
hereto as SP 207(K) – WESTIN HOTEL AND TIMESHARE; and
WHEREAS, the Planning Commission did, on December 16, 2015, 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 Specific Plan amendment; and
WHEREAS, on March 9, 1993, the City Council approved SP 207, as described and
conditioned in Planning Commission Resolution No. 3476 and City Council Ordinance No. NS-227.
PLANNING COMMISSION RESOLUTION NO. 7142
PC RESO NO. 7142 -2-
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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 Commission
RECOMMENDS APPROVAL of SP 207(K) – WESTIN HOTEL AND TIMESHARE based on the
following findings and subject to the following conditions:
Findings:
1. The proposed development as described by the Specific Plan [SP 207(K)] is consistent with the
provisions of the General Plan.
2. The Planning Commission finds that the project, as conditioned herein, is in conformance with
the Elements of the City’s General Plan and Specific Plan 207 based on the facts set forth in the
staff report dated December 16, 2015 including, but not limited to the following:
A. The proposed hotel and timeshare land use is specified as allowed and encouraged in the
General Plan as visitor commercial uses and is the designated land use in the Carlsbad
Ranch Specific Plan.
3. The proposed plan would not be detrimental to the public interest, health, safety, convenience,
or welfare of the City.
4. 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.
5. The proposed visitor commercial use 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.
6. The existing streets and thoroughfares are suitable and adequate to carry the anticipated traffic
thereon.
7. Proposed visitor commercial development can be justified economically at the location proposed
and will provide adequate facilities of the types needed at such location proposed.
8. The area surrounding the development is planned and zoned in coordination and substantial
compatibility with the development.
9. Appropriate measures are proposed to mitigate any adverse environmental impact as noted in
the adopted environmental impact report.
10. The Planning Commission of the City of Carlsbad does hereby find:
PC RESO NO. 7142 -3-
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A. it has reviewed, analyzed and considered Final EIR 15-02, the environmental impacts
therein identified for this project; the CEQA Findings and the Program prior to
RECOMMENDING APPROVAL of the project;
B. the Final EIR 15-02, the CEQA Findings, and the Program have been prepared in
accordance with requirements of the California Environmental Quality Act, the State EIR
Guidelines and the Environmental Review Procedures of the City of Carlsbad; and, they
reflect the independent judgment of the City of Carlsbad Planning Commission.
11. The Planning Commission does accept as its own, incorporate as if set forth in full herein, and
make each and every one of the findings contained in the CEQA Findings, including feasibility of
mitigation measures pursuant to Public Resources Code 21081 and CEQA Guidelines 15091, and
infeasibility of project alternatives.
12. 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.
13. The Record of Proceedings for this project consists of a Project Environmental Impact Report,
Findings of Fact, and Mitigation Monitoring and Reporting Program which may be found at 1635
Faraday Avenue in the custody of the City Clerk and City Planner.
14. The project is consistent with the adopted Airport Land Use Compatibility Plan for the McClellan-
Palomar Airport (ALUCP), dated October 2004, 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.
15. The project is consistent with the Citywide Facilities and Improvements Plan, the Local Facilities
Management Plan for Zone 8 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; and
circulation related to the project will be installed to serve the new development prior to or
concurrent with need.
16. 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:
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 Specific Plan Amendment.
PC RESO NO. 7142 -4-
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2. 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.
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 Specific Plan Amendment, (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. This approval is granted subject to the approval of GPA 14-03, ZC 14-02, and LCPA 14-03.
7. Prior to the issuance of any permits for the project, the applicant shall submit to the City Planner
a digital copy and a camera-ready master copy of the SP 207(K) (Carlsbad Ranch Specific Plan),
in addition to the required number of bound copies.
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.
Exhibit “SP 207(K)”
December 16, 2015 1
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AN ORDINANCE OF THE CITY OF CARLSBAD, CALIFORNIA,
APPROVING A SPECIFIC PLAN AMENDMENT TO ANNEX 3.6
ACRES INTO PLANNING AREA 5 AS PLANNING AREA 5A AND
TO ESTABLISH DEVELOPMENT STANDARDS FOR PLANNING
AREA 5A WITHIN THE CARLSBAD RANCH SPECIFIC PLAN
LOCATED NORTH OF LEGOLAND CALIFORNIA, SOUTH OF
CANNON ROAD, EAST OF LEGOLAND DRIVE, AND WEST OF
THE CROSSINGS GOLF COURSE IN LOCAL FACILITIES
MANAGEMENT ZONE 13.
CASE NAME: WESTIN HOTEL AND TIMESHARE
CASE NO.: SP 207(K)
The City Council of the City of Carlsbad, California, does ordain as follows:
WHEREAS, the Carlsbad Ranch Specific Plan (SP 207) was originally
adopted by City Council Ordinance No. NS-227 on March 16, 1993 and has been amended
several times and contains the uses, development standards and design for the
development of the subject property; and
WHEREAS. The Carlsbad Ranch Specific Plan is the implementing ordinance
for this property which is in the Coastal Zone; and
WHEREAS, the amendment is desirable to take advantage of the unique
position of Planning Area 5 within the Carlsbad Ranch which is designated for commercial
visitor serving uses; and
WHEREAS, the City Council of the City of Carlsbad has reviewed and
considered Specific Plan Amendment SP 207(K) for the Carlsbad Ranch Specific Plan; and
WHEREAS, after procedures in accordance with requirements of law, the
City Council has determined that the public interest indicates that said Specific Plan
Amendment (SP 207(K)) be approved.
NOW, THEREFORE, the City Council of the City of Carlsbad does ordain as
follows:
ORDINANCE NO._________
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SECTION I: That SP 207(K), on file in the Planning Division, and
incorporated herein by reference, is adopted. The Carlsbad Ranch Specific Plan shall
constitute the development plan for the property and all development within the plan
area shall conform to the plan.
SECTION II: That the Carlsbad Ranch Specific Plan (SP 207), as amended to
date, and further amended by Specific Plan Amendment 207(K), dated December 16,
2015, is approved.
SECTION III: That Specific Plan Amendment 207(K) replaces text in the
Carlsbad Ranch Specific Plan, as shown on attachment “PLANNING AREA 5 AND 5A -
RESORT.”
SECTION IV: That the findings and conditions of the Planning Commission
in Planning Commission Resolution No. 7142 shall constitute the findings and conditions
of the City Council.
EFFECTIVE DATE: This ordinance shall be effective thirty days after its
adoption; and the city clerk shall certify the adoption of this ordinance and cause the full text
of the ordinance or a summary of the ordinance prepared by the City Attorney to be
published at least once in a newspaper of general circulation in the City of Carlsbad within
fifteen days after its adoption. (Notwithstanding the preceding, this ordinance shall not be
effective until approved by the California Coastal Commission.)
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City
Council on the day of , 2015, and thereafter.
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PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Carlsbad on the day of , 2015, by the following vote, to wit:
AYES:
NOES:
ABSENT:
APPROVED AS TO FORM AND LEGALITY:
CELIA A. BREWER, City Attorney
MATT HALL, Mayor
ATTEST:
BARBARA ENGLESON, City Clerk
F. PLANNING AREA 5 and 5A - RESORT
Planning Areas 5 and 5A are designated as full-service destination resort is
proposed on approximately 522 56.4 acres parcel in the northeast corner of the
Carlsbad Ranch. This resort(s) will include up to a maximum of 380 timeshare suites
and 409 hotel rooms and will target the large group professional and business
meeting market as well as the leisure market. The meeting market typically
combines business with recreation and increasingly includes family members of the
business representative. The surrounding uses including LEGOLAND Carlsbad, The
Crossings municipal golf course, retail facilities and nearby beaches make this a
particularly desirable meeting and leisure destination.
Accommodations at the resort(s) will vary from single hotel rooms to two-
bedroom suites with kitchens 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-sfiects-Gtub-may-combine a fitness center and
dining with an emphasis on h !thy, light cuisine. This facility could provide sports medicine,
tennis pro shop, weight training, racquetball, steam rooms, saunas and aerobics.
The meeting and conference center(s) 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 tennis facilities, sports club spa and dining will be designed to
encourage use by the general public as well as the resort guests. Figur-e-i1-6-ewpage 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
Crossings municipal 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. GENERAL DEVELOPMENT STANDARDS: PLANNING AREAS SAND 5A
The following are specific development and design guidelines applicable
to this Planning Area. However, Section III.A. GENERAL DEVELOPMENT
STANDARDS AND DESIGN GUIDELINES beginning on page 63 contains
additional development standards and design guidelines that are applicable to all
Planning Areas 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(s) project;
Carlsbad Ranch Specific Plan 156
Figure 46 Planning Area 5 - Resort
Carlsbad Ranch Specific Plan 157
Accessory Uses - The following uses are permitted only as accessory
uses when incorporated into the main resort building(s).
Retail related to the resort;
Restaurants, not including drive-up or drive-in services;
Health and Fitness Clubs;
Daycare facilities for child care;
Personal Services; Barbers, Beauty Shops, etc.;
Art Galleries/Museums;
Administrative and Business Offices for the resort;
Bars and Nightclubs as a part of the resort or restaurant;
must be revised to allow equestrian use of the portions of the
trail adjacent to the resort.
b. Building and Landscape Parking Setbacks
The following building and parking setbacks shall be landscaped
and conform to the requirements of the Commercial Tourist (C-T) Zone
requirements (Chapter 21.29 of the Carlsbad Municipal Code) which apply
to thc project and as follows:
Building and Landscape Setbacks -
From Cannon Road right-of-way: 50 feet
From The Crossings Drive right-of-way: 20 feet
From outer western perimeter boundary
and LEGOLAND Carlsbad 50 feet
From outer eastern perimeter boundary 20 feet
From internal lot lines Zero
Parking Setbacks -
From all outer perimeter boundaries 15 feet
c. Building Height
Building heights shall conform to the building height standards of
the City's Zoning Ordinance (Chaptcrs 21.04 and 21.29.060 of the
Caftsbad Municipal Code) cxcept as modified in this section.
The habitable portion of buildings shall not exceed a height of 35 feet
and/or three levels, and allowed height protrusions as described in
C.M.C. Section 21.46.020 shall not exceed 45 feet. Additional
habitable building height may be permitted up to a maximum of 45
Carlsbad Ranch Specific Plan 158
feet in height and/or four levels, through a Site Development Plan
approved by the City Council. Allowed height protrusions as
described in C.M.C. Section 21.46.020 shall not exceed 55 feet,
with the exception of an elevator tower connecting resort facilities
and buildings on PA-5 and PA-5A that may be allowed up to 78
feet in height, subject to the following:
All required street and perimeter building setbacks shall be
increased at a ratio of one horizontal foot for every one foot of vertical
construction beyond 35 feet. *
maintained as landscaped opcn space;
The building conforms to the requirements of Section
18.04.170 of the Carlsbad Municipal Code; and
The allowed height protrusions as described in Section
21.46.020 of the Carlsbad Municipal Code (1) do not function to
provide usable floor area; (2) do not accommodate and/or screen
building equipment; (3) do not adversely impact adjacent properties;
(4) are necessary to ensure a building's design excellence.
d. Parking Standards
Joint and common use parking facilities, up to 15% of the
total required onsite, are allowed within the resort(s) based on the
potential for shared/off-peak uses. Specific reductions percentages
allowed of parking requirements shall be determined based on provisions
set forth in Section 21.44.050(a)(4) of the Carlsbad Municipal Code.
Hotel and Timeshare
Units: Conventional
Lock-off
2. DESIGN GUIDELINES
a. Building Orientation
1.2 parking stall
1.5 parking stall
The main building will be located near the resort entrance off
Cannon Road. It will be oriented to provide views of Carlsbad Ranch and
the ocean beyond from a maximum number of suites. Likewise, the other
lodging buildings will be sited on the steeper terrain to the south of the
main building to maximize views.
b. Architectural Character
Carlsbad Ranch Specific Plan 159
All buildings shall reflect a Mediterranean vocabulary. Distinctive
architectural features characteristic of this style such as courtyards,
arcades, balconies, terraces, arches and arbors shall be encouraged
to create richness and visual interest to the buildings.
c. Building Materials
Building materials should incorporate or be generally compatible
with a Mediterranean architectural vocabulary and shall be durable and
high quality. Exterior wall and roof colors should be of low intensity earth
tones. The buildings should be predominantly stucco walls with sloping tile
roofs. Other materials which are permitted as accents for exterior walls are
ceramic tile, ornamental wrought iron, natural stone, decorative block,
wood or other compatible natural building materials.
d. Building Form and Massing
The resort buildings shall be well articulated by changes in horizontal
and vertical planes to reduce the appearance of bulk and create interesting
building silhouettes. Features such as arches, loggias, balconies, elevated
walkways and window and entry recesses will be used to provide additional
visual interest and detail.
e. Building Roof Tops
Sloping roofs, varying roof heights and forms shall be used to provide
interesting building silhouettes. Rooftop mechanical equipment, with the
exception of photo voltaic systems, shall be screened, enclosed and
architecturally incorporated into visually interesting building tops.
Carlsbad Ranch Specific Plan 160