HomeMy WebLinkAbout2016-06-01; Planning Commission; Resolution 71701
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PLANNING COMMISSION RESOLUTION NO. 7170
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF AN
AMENDMENT TO THE CARLSBAD AIRPORT CENTRE SPECIFIC PLAN (SP
181(H)) AMENDING LAND USE PLAN FIGURE 7 TO ADD AN "AREA 2" LAND
USE DESIGNATION OVER LOT 12 FOR PURPOSES OF ALLOWING WITH THE
APPROVAL OF A CONDITIONAL USE PERMIT A 142-ROOM BUSINESS
HOTEL ON A 3.8 ACRE PREVIOUSLY GRADED INFILL SITE GENERALLY
LOCATED NORTH OF PALOMAR AIPORT ROAD, SOUTH OF WRIGHT PLACE
AND EAST OF PALOMAR OAKS WAY IN LOCAL FACILITIES MANAGEMENT
ZONE 5.
CASE NAME: HOME2 CARLSBAD SUITES
CASE NO.: SP 181(H)
WHEREAS, Royal Hospitality Carlsbad, LLC, "Developer," has filed a verified application
with the City of Carlsbad regarding property owned by KSL Wright Place Office, LLC, "Owner," described
as
Lot 12 of Carlsbad Tract No. 84-46 Unit No. 1, in the City of Carlsbad,
County of San Diego, State of California, According to Map Thereof No.
11287, filed in the Office of the County Recorder of San Diego County,
July 16, 1985
("the Property"); and
WHEREAS, said verified application constitutes a request for a Specific Plan Amendment,
on file in the Carlsbad Planning Division, SP 181(H) -HOME2 CARLSBAD SUITES as provided by
Government Code Section 65453; and
WHEREAS, the proposed SP 181(H)-HOME2 CARLSBAD SUITES is set forth and attached
in the draft City Council Ordinance, Exhibit "X" dated, June 1, 2016, and attached hereto; and
WHEREAS, the Planning Commission did, on June 1, 2016, 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 December 20, 2010, the City Council approved SP 181(G), as described and
conditioned in Planning Commission Resolution No. 6718 and City Council Ordinance No. CS-114.
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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 181(H) -HOME2 CARLSBAD SUITES based on the
following findings and subject to the following conditions:
Findings:
1.
2.
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6.
The proposed amendment as described by the Specific Plan Amendment (SP 181(H)), is
consistent with the provisions of the General Plan in that the "Area 2" land use designation on
Lot 12 of the Carlsbad Airport Centre Specific Plan will allow for services and support uses in an
area designated Planned Industrial (PI).
The proposed Specific Plan Amendment to change Lot 12 to an "Area 2" land use designation for
purposes of allowing with approval of a conditional use permit an extended stay business hotel
would not be detrimental to the public interest, health, safety, convenience, or welfare of the City
in that the Carlsbad Airport Centre Specific Plan SP 181(H) provides development standards and
regulations that are intended to promote a well-designed and compatible development within
the area identified as the Carlsbad Airport Centre Specific Plan; and development of Lot 12
requires compliance with these development standards and regulations.
That the Carlsbad Airport Centre Specific Plan will continue to be the controlling document for
properties located within the boundaries of the Specific Plan. It will continue to further the
objectives and policies of the General Plan and will not obstruct their attainment. The proposed
amendment to the Carlsbad Airport Centre Specific Plan is consistent with the intent and
purpose of the existing Specific Plan, which ensures that the planned industrial development
will conform to the community goals and values associated with the Planned Industrial (PI)
General Plan Land Use designation.
That 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.
The City Planner has determined that the project is exempt from the provisions of CEQA, pursuant
to CEQA Guidelines Section 15061(8)(3) (General Rule), and the City of Carlsbad Municipal Code
Section 19.04.070(A)(1){c) general rule exemptions, where it can be seen with certainty that
there is no possibility that the activity in question may have a significant effect on the
environment, in that the proposed amendment to the Specific Plan is similar to a minor zone
code amendment that does not lead to physical improvements beyond those that would
otherwise be typically exempted.
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.
PC RESO NO. 7170 -2-
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Conditions:
1.
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6.
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.
Staff is authorized and directed to make, or require Developer to make, all corrections and
modifications to the Specific Plan Amendment document(s) necessary to make them internally
consistent and in conformity with final action on the project. Development shall occur
substantially as shown in the approved Exhibits. Any proposed development, different from this
approval, shall require an amendment to this approval.
Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
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.
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 a Illegal proceedings have been concluded and continues even if the City's
approval is not validated.
Within one (1) month of this approval applicant shall submit to the City Planner a digital copy
and a camera-ready master copy of SP 181(H), in addition to the required number of bound
copies (i.e. 5 copies).
PC RESO NO. 7170 -3-
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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
8 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
9 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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PC RESO NO. 7170 -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 June 1, 2016, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Chairperson Anderson, Commissioners Black, Goyarts, L'Heureux,
Montgomery and Siekmann
Commissioner Segall
VEL YN ANDERSON, Chairperson
CARLSBAD PLANNING COMMISSION
ATIEST:
DON NEU
City Planner
PC RESO NO. 7170 -5-
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ORDINANCE NO. __ _
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, ADOPTING AN AMENDMENT TO THE CARLSBAD
AIRPORT CENTRE SPECIFIC PLAN (SP 181(H)) AMENDING LAND USE
PLAN FIGURE 7 TO ADD AN "AREA 2" LAND USE DESIGNATION
OVER LOT 12 FOR PURPOSES OF ALLOWING WITH THE APPROVAL
OF A CONDITIONAL USE PERMIT A 142-ROOM BUSINESS HOTEL ON
A 3.8 ACRE PREVIOUSLY GRADED INFILL SITE GENERALLY LOCATED
NORTH OF PALOMAR AIPORT ROAD, SOUTH OF WRIGHT PLACE
AND EAST OF PALOMAR OAKS WAY IN LOCAL FACILITIES
MANAGEMENT ZONE 5.
CASE NAME: HOME2 CARLSBAD SUITES
CASE NO.: SP 18l(H)
Exhibit "X"
June 1, 2016
The City Council of the City of Carlsbad, California, does ordain as follows:
WHEREAS, the Carlsbad Airport Centre Specific Plan (SP 181) was originally adopted
by City Council Ordinance No. 9635 on August 3, 1982 and has been amended several times and
contains the uses, development standards and design guidelines for the development of the
Specific Plan area; and
WHEREAS, the Carlsbad Airport Center Specific Plan is the implementing ordinance
for this property; and
WHEREAS, the City Council of the City of Carlsbad has reviewed and considered a
Specific Plan Amendment (SP 181(H)) for the Carlsbad Airport Centre Specific Plan; and
WHEREAS, the amendment to change Lot 12 on Figure 7 of the Carlsbad Airport
Centre Specific Plan Land Use Plan to an "Area 2" land use designation will allow with the approval
of a conditional use permit industrial support uses, business and professional uses, and certain
retail uses supporting the business park as listed in the Specific Plan; and
WHEREAS, hotels are listed as a permitted use in "Area 2" of the Carlsbad Airport
Centre Specific Plan with the approval of a conditional use permit pursuant Chapter 21.42 of the
Carlsbad Municipal Code; and
Ill
Ill
2 WHEREAS, after procedures in accordance with requirements of law, the City Council
3 has determined that the public interest indicates that said Specific Plan Amendment (SP 181(H)) be
4 approved.
5 NOW, THEREFORE, the City Council of the City of Carlsbad ordains as follows that:
6 1. The above recitations are true and correct.
7 2. That the Specific Plan SP 181(H), on file in the Planning Division, and incorporated
8 herein by reference, is adopted. The Carlsbad Airport Centre Specific Plan (SP 181(H)) shall
9 I· constitute the zoning for the property and all development of the property shall conform to the
10 II Specific Plan.
11 3. That the Carlsbad Airport Centre Specific Plan (SP 181(G)), as amended by Specific Plan
12 Amendment SP 181(H), dated June 1, 2016, is approved.
13 4. That Specific Plan Amendment (SP 181(H)) amends Figure 7 of the Carlsbad Airport
14 Centre Specific Plan, as shown on the attached "Exhibit SP 181(H)".
15 5. That the findings and conditions of the Planning Commission in Planning
16 Commission Resolution No. 7170 shall also constitute the findings and conditions of the City
17 Council.
18 EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption; and
19 . the city clerk shall certify the adoption of this ordinance and cause the full text of the ordinance or a
20 summary of the ordinance prepared by the City Attorney to be published at least once in a newspaper
21 of general circulation in the City of Carlsbad within fifteen days after its adoption.
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2 INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on
3 the __ dayof ___ _, 2016, and thereafter.
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PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the
____ , 2016, by the following vote, to wit:
4 AYES:
5 NOES:
ABSENT: 6
7
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9 APPROVED AS TO FORM AND LEGALITY:
lQI
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12 CELIA A. BREWER, City Attorney
13 MATI HALL, Mayor
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15 ATIEST:
BARBARA ENGLESON, City Clerk
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HowesWeiler &Associates
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LAND USE PLANNING AND ENGINEERING
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FIGURE 7
CARLSBAD AIRPORT CENTRE
SPECIFIC PLAN 181 (H)
LAND USE PLAN
CITY OF CARLSBAD
LEGEND
1m AREA2
D AREA 1
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