Loading...
HomeMy WebLinkAbout2017-02-15; Planning Commission; Resolution 7227 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING SITE DEVELOPMENT PLAN AMENDMENT SDP 86- 02(E) AND COASTAL DEVELOPMENT PERMIT CDP 16-44 TO ALLOW THE CONSTRUCTION OF PARKING AREAS AND RECREATION FACILITIES FOR THE EXISTING TIMESHARE DEVELOPMENT GENERALLY LOCATED EAST OF KINGFISHER LANE IN AVIARA PLANNING AREA 2B, IN LOCAL FACILITIES MANAGEMENT ZONE 19. CASE NAME: FOUR SEASONS RESIDENCE CLUB CASE NO.: SDP 86-02(E)/CDP 16-44 WHEREAS, Aviara FSRC Associates, LP, “Developer/Owner,” has filed a verified application with the City of Carlsbad regarding property described as Lots 44-48, 51 & 56 of Carlsbad Tract No. CT 95-02, Unit 3, in the City of Carlsbad, County of San Diego, State of California, according to map thereof no. 13979, filed in the Office of the County Recorder of San Diego County, recorded June 9, 2000 as file no. 2000-0306276 of official records (“the Property”); and WHEREAS, said verified application constitutes a request for a Site Development Plan Amendment and Coastal Development Permit as shown on Exhibit(s) “A” – “T” dated February 15, 2017, on file in the Planning Division, FOUR SEASONS RESIDENCE CLUB – SDP 86-02(E)/CDP 16-44 as provided by Chapter 21.06 and Chapter 21.201 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on February 15, 2017 , 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 Site Development Plan Amendment. 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 Planning Commission APPROVES FOUR SEASONS RESIDENCE CLUB – SDP 86-02(E)/CDP 16-44 based on the following findings and subject to the following conditions: PLANNING COMMISSION RESOLUTION NO. 7227 PC RESO NO. 7227 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Findings: SDP 86-02(E) 1. That the proposed development or use is consistent with the General Plan and any applicable master plan or specific plan, complies with all applicable provisions of Chapter 21.06 of the Carlsbad Municipal Code, and all other applicable provisions of this code, in that the project is a request for the construction of parking, storage and recreational amenities in conjunction with an existing, adjacent timeshare project, which is a permitted land use by the Aviara Master Plan (MP 177(DD)). All aspects of the project are consistent with the requirements of the Aviara Master Plan and the Carlsbad Municipal Code. 2. That the requested development or use is properly related to the site, surroundings and environmental settings, will not be detrimental to existing development or uses or to development or uses specifically permitted in the area in which the proposed development or use is to be located, and will not adversely impact the site, surroundings or traffic circulation, in that the proposed parking, storage, and recreational amenities are compatible with and an extension of the adjacent timeshare project, resort hotel and golf course, and therefore, will not adversely impact the adjacent properties. The project will provide adequate access from Kingfisher Lane and the parking will be used for employees and guests of the existing timeshare project, and therefore, the project will not add ADT to the surrounding streets. 3. That the site for the intended development or use is adequate in size and shape to accommodate the use, in that the proposed uses comply with the required development and design standards (i.e. front, side and rear setbacks, lot coverage, parking, and height restrictions) of the Aviara Master Plan. 4. That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the requested development or use to existing or permitted future development or use in the neighborhood will be provided and maintained, in that the site functions as a component of the existing timeshare project located adjacent to a hotel and golf course. The project has been designed in accordance with all development and design standards of the Aviara Master Plan; therefore, the project is compatible with the existing and potential future uses. Furthermore, the proposed parking area is screened from Aviara Parkway by existing and proposed landscaping. 5. That the street systems serving the proposed development or use is adequate to properly handle all traffic generated by the proposed use, in that the proposed parking, storage and recreation amenities will be utilized by employees and guests of the existing, adjacent timeshare project. Therefore, no new ADT’s will be added to the surrounding streets. CDP 16-44 6. That the proposed development is in conformance with the Mello I Segment of the Certified Local Coastal Program (LCP) and all applicable policies in that the project will not obstruct views of the coastline as seen from public lands or the public right-of-way, nor otherwise damage the visual beauty of the coastal zone. No agricultural uses currently exist on the previously graded site, nor are there any sensitive resources located on the developable portion of the site. The proposed project is not located in an area of known geologic instability or flood hazard. Since the site does not have frontage along the coastline, no public opportunities for coastal shoreline PC RESO NO. 7227 -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 access are available from the subject site. Furthermore, the project site is not suited for water- oriented recreation activities. 7. The proposal is in conformity with the public access and recreation policies of Chapter 3 of the Coastal Act in that the property is not near the shore. Therefore the project will not interfere with the public’s right to physical access to the ocean and, furthermore, the site is not suited for water-oriented recreation activities. 8. The project is consistent with the provisions of the Coastal Resource Protection Overlay Zone (Chapter 21.203 of the Zoning Ordinance) in that the project will adhere to the City’s Master Drainage Plan, Grading Ordinance, Storm Water Ordinance and Jurisdictional Runoff Management Program (JRMP) to avoid increased urban runoff, pollutants, and soil erosion. Furthermore, no natural steep slopes greater than 25% gradient will be affected by the project, and no native vegetation is located on the subject site. In addition, the project site is not located in an area prone to landslides, or susceptible to accelerated erosion, floods or liquefaction. 9. The project is not located in the Coastal Agriculture Overlay Zone, according to Map X of the Land Use Plan, certified September 1990 and Agricultural Conversion Mitigation Fees are not required in accordance with the provisions of the Coastal Agriculture Overlay Zone (Chapter 21.202 of the Zoning Ordinance). 10. The project is not located between the sea and the first public road parallel to the sea and therefore, is not subject to the provisions of the Coastal Shoreline Development Overlay Zone (Chapter 21.204 of the Zoning Ordinance). General 11. That the project is consistent with the City’s Landscape Manual and Water Efficient Landscape Ordinance (Carlsbad Municipal Code Chapter 18.50). 12. The City Planner has determined that the project is subject to the provisions of CEQA; however, the potential environmental effects of the project were adequately analyzed by the previously Certified EIR for the Aviara Master Plan – MP 177/EIR 83-02(A). No additional environmental review is required. 13. 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 the issuance of a grading or building permit, whichever occurs first. 1. Approval is granted for SDP 86-02(E)/CDP 16-44 as shown on Exhibits “A” – “T,” dated February 15, 2017, on file in the Planning Division and incorporated herein by reference. Development shall occur substantially as shown unless otherwise noted in these conditions. 2. 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 PC RESO NO. 7227 -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 Site Development Plan Amendment and Coastal Development Permit. 3. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Site Development Plan Amendment and Coastal 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. Any proposed development, different from this approval, shall require an amendment to this approval. 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. 5. 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. 6. 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 Site Development Plan Amendment and Coastal Development 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. 7. Prior to submittal of the building plans, improvement plans, grading plans, or final map, whichever occurs first, developer shall submit to the City Planner, a 24" x 36" copy of the (Tentative Map/Site Plan or other), conceptual grading plan and preliminary utility plan reflecting the conditions approved by the final decision making body. The copy shall be submitted to the city engineer. If no changes were required, the approved exhibits shall fulfill this condition. 8. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 19 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 9. 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. 10. 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 PC RESO NO. 7227 -5- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 #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 19, 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. 11. Prior to the issuance of the building permit, 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(n) Site Development Plan Amendment and Coastal Development Permit by Resolution(s) No. 7227 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. 12. 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. 13. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plan check process on file in the Planning Division and accompanied by the project’s building, improvement, and grading plans. 14. Trees shall be relocated so as not to cause conflicts with any utilities, including fire hydrants, as approved by the City Planner. 15. The applicant shall obtain approval from Land Development Engineering (LDE) for any trees located within vehicular sight lines and position trees as approved by LDE and the City Planner. 16. Additional screen shrubs shall be provided around the parking areas as approved by the City Planner. Engineering: General 17. 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. 18. 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. PC RESO NO. 7227 -6- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 19. As determined by the city engineer, the developer shall complete processing of lot line adjustment(s) or a tentative map and parcel map to consolidate the existing between lots. Fees/Agreements 20. Developer shall cause property owner to execute and submit to the city engineer for recordation the city’s standard form Drainage Hold Harmless Agreement. 21. 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. Grading 22. 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 as required by city engineer, post security and pay all applicable grading plan review and permit fees per the city’s latest fee schedule. Storm Water Quality 23. 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. 24. Developer shall complete and submit to the city engineer a Determination of Project’s SWPPP Tier Level and Construction Threat Level Form pursuant to City Engineering Standards. Developer shall also submit the appropriate Tier level Storm Water Compliance form and appropriate Tier level Storm Water Pollution Prevention Plan (SWPPP) to the satisfaction of the city engineer. Developer shall pay all applicable SWPPP plan review and inspection fees per the city’s latest fee schedule. 25. This project is subject to ‘Priority Development Project’ requirements. Developer shall prepare and process a Storm Water Quality Management Plan (SWQMP), subject to city engineer approval, to comply with the Carlsbad BMP Design Manual latest version. The final SWQMP required by this condition shall be reviewed and approved by the city engineer with final grading plans. Developer shall pay all applicable SWQMP plan review and inspection fees per the city’s latest fee schedule. 26. 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, pollutant control BMP and applicable hydromodification measures. 27. Developer shall complete the City of Carlsbad Standard Stormwater Requirement Checklist Form. Developer is responsible to ensure that all final design plans, grading plans, and building plans incorporate applicable best management practices (BMPs). These BMPs include site design, PC RESO NO. 7227 -7- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 source control and Low Impact Design (LID) measures including, but not limited to, minimizing the use of impervious area (paving), routing run-off from impervious area to pervious/landscape areas, preventing illicit discharges into the storm drain and adding storm drain stenciling or signage all to the satisfaction of the city engineer. Dedications/Improvements 28. 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. 29. 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. 30. Developer shall provide all-weather maintenance access roads to the public drainage facilities (e.g.: inlets, cleanouts, headwalls, rip-rap field, etc.) for this project to the satisfaction of the city engineer. Where maintenance access roads are not practical and/or permitted, developer shall incorporate low-maintenance design features to the satisfaction of the city engineer. Non-Mapping Notes 31. If the tentative map and parcel map process is utilized to consolidate the existing lots, the following notes shall be added to the parcel map as non-mapping data: A. Building permits will not be issued for development of the subject property unless the appropriate agency determines that sewer and water facilities are available. B. No structure, fence, wall, tree, shrub, sign, or other object may be placed or permitted to encroach within the area identified as a sight distance corridor as defined by City of Carlsbad Engineering Standards or line-of-sight per Caltrans standards. C. The owner of this property on behalf of itself and all of its successors in interest has agreed to hold harmless and indemnify the City of Carlsbad from any action that may arise through any diversion of waters, the alteration of the normal flow of surface waters or drainage, or the concentration of surface waters or drainage from the drainage system or other improvements identified in the city approved development plans; or by the design, construction or maintenance of the drainage system or other improvements identified in the city approved development plans. Utilities 32. Developer shall meet with the fire marshal to determine the fire protection measures (fire flows, fire hydrant locations, building sprinklers) that 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. 33. 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. PC RESO NO. 7227 -8- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 34. 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. 35. The developer shall agree to 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. 36. The developer shall design and agree to construct public recycled water facilities to the satisfaction of the district engineer and city engineer. The design of the facilities shall be reflected on public improvement plans, developer shall execute a city standard Development Improvement Agreement and shall post security in accordance with C.M.C. Section 20.16.070. Code Reminders 37. 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. 38. Developer shall pay applicable planned local area drainage fees in accordance with Section 15.08.020 of the City of Carlsbad Municipal Code to the satisfaction of the city engineer. 39. 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. 40. The project shall comply with the latest nonresidential disabled access requirements pursuant to Title 24 of the California Building Code. 41. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 17.04.320. 42. 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. . . . . . . . . . . . . . . . . . . . . . . . . PC RESO NO. 7227 -9- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .