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HomeMy WebLinkAbout2019-01-16; Planning Commission; Resolution 7315PLANNING COMMISSION RESOLUTION NO. 7315 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A MINOR MASTER PLAN AMENDMENT AND SITE DEVELOPMENT PLAN TO EXPAND THE EXISTING BALLROOM WITHIN PLANNING AREA 5 OF THE LA COSTA RESORT AND SPA MASTER PLAN ON PROPERTY GENERALLY LOCATED SOUTHEAST OF EL CAMINO REAL AND ARENAL ROAD WITHIN LOCAL FACILITIES MANAGEMENT ZONE 6. CASE NAME: OMNI LA COSTA BALLROOM CASE NO: AMEND 2017-0026/SDP 2017-0011 (DEV02092) WHEREAS, Omni Hotels & Resorts, "Developer/Owner", has filed a verified application with the City of Carlsbad regarding property described as All lots of Carlsbad Tract CT 03-01-01 and CT 03-01-02, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 14984, filed in the Office of the County Recorder of San Diego, March 18, 2005, as file number 2005-0224598 and map No. 15108, filed September 19, 2005 as file number 2005-0806928 ("the Property"); and WHEREAS, said verified application constitutes a request for a Minor Master Plan Amendment and Site Development Plan as shown on the amended La Costa Resort and Spa Master Plan exhibits and Exhibits "A" -"P" dated November 7, 2018, on file in the Carlsbad Planning Division, AMEND 2017-0026/SDP 2017-0011-OMNI LA COSTA BALLROOM, as provided by MP 03-02-LA COSTA RESORT AND SPA MASTER PLAN and Chapter 21.38 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on November 7, 2018, December 5, 2018, and January 16, 2019 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 Minor Master Plan Amendment and Site Development Plan. 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 APPROVES AMEND 2017-0026/SDP 2017-0011-OMNI LA COSTA BALLROOM based on the following findings and subject to the following conditions: Findings: Minor Master Plan Amendment 1. The Minor Master Plan Amendment is minor in nature as the amendment allows the expansion of the existing ballroom within Planning Area 5 of the La Costa Resort and Spa Master Plan and associated updates throughout the Master Plan. The proposed project does not change the densities or boundaries of the subject property, does not involve an addition of a new use or group of uses not shown on the original Master Plan, and does not rearrange uses within the Master Plan. Site Development Plan 2. 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 design complies with the requirements of the La Costa Resort and Spa Master Plan, as amended, and complies with applicable sections of Title 21. The La Costa Resort and Spa Master Plan amendment was found to be in compliance with the General Plan. Specifically, the project is consistent with General Plan Land Use Goal 2-G.10 which encourages continued growth of visitor-oriented land uses, and enhanced opportunities for new hotels and visitor-services in desirable locations. The project proposes to expand an existing ballroom at the La Costa Resort and Spa, which is an existing destination resort utilized by tourists and residents. A detailed description of the Plan's compliance with the General Plan is located in Section Ill.A of the project staff report dated November 7, 2018. 3. 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 project consists of the expansion of an existing ballroom, addition of an outdoor event space, and other necessary improvements within Planning Area 5 of the La Costa Resort and Spa Master Plan. The ballroom expansion project area has a Visitor Commercial (VC) General Plan Land Use designation that is compatible with the existing resort improvements that are located throughout the La Costa Resort and Spa Master Plan. The project is consistent with the General Plan as summarized above and discussed in Section "A" of the staff report. Furthermore, the proposed project will not be detrimental to existing uses or to uses specifically permitted in the area in which the use is located in that, a ballroom continues to be associated with resort hotel uses which are permitted within the La Costa Resort and Spa Master Plan and the General Commercial (C-2) zone assigned to Planning Area 5 of the Master Plan and is compatible with the existing resort campus surrounding the project site. The project has been conditioned to limit the hours of the outdoor event area to minimize conflicts with neighboring residential uses. Furthermore, the project is required to comply with the city's noise guidelines for noise generated by the project as measured at the perimeter boundaries of the La Costa PC RESO NO. 7315 -2- Resort and Spa Master Plan. The proposed improvements are properly related to the site surroundings and environmental setting in that the project complies with all development standards of the Master Plan and the C-2 zone and will result in no environmental impacts. The project will not adversely impact the site, surroundings, or traffic circulation in that the project complies with all applicable development standards. The existing surrounding streets which are fully improved have adequate capacity to accommodate the 252 Average Daily Trips (ADT) generated by the project. 4. That the site for the intended development or use is adequate in size and shape to accommodate the use; in that the project complies with all applicable development standards of the La Costa Resort and Spa Master Plan, as amended, and the C-2 zone, including setbacks, landscaping, parking, height restrictions, and architectural design. 5. That all of the 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 proposed ballroom expansion, outdoor event area, surface parking, and other necessary improvements can fit within the developable area of the lot and all applicable development standards have been met. The project is located within a developed area of the La Costa Resort and Spa Master Plan. Existing perimeter walls and existing and proposed landscaping help screen the building and parking areas from El Camino Real. Adequate vehicle circulation has been provided to accommodate safety and truck turning movements. Access to the site will be provided via internal private roads which connect to Arena I Road and El Camino Real. 6. That the street system serving the proposed development or use is adequate to properly handle all traffic generated by the proposed use; in that the proposed use is consistent with the uses analyzed in the circulation analysis prepared for Mitigated Negative Decla.ration GPA 03-08/ZC 03-04/MP 02-03/MP 149(S)/CT 03-01/PUD 03-06/SUP 03-03/SUP 03-06 -LA COSTA RESORT AND SPA MASTER PLAN; and the existing surrounding public streets, which are fully improved, have adequate capacity to accommodate the 252 Average Daily Trips (ADT) generated by the project. General 7. The City Planner has determined that: a. b. C. d. PC RESO NO. 7315 the project is a project for which a Mitigated Negative Declaration was previously adopted [15162]. this project is consistent with the project/plan cited above; Mitigated Negative Declaration for GPA 03-08/ZC 03-04/MP 02-03/MP 149(S)/CT 03-01/PUD 03-06/SUP 03-03/SUP 03-06-LA COSTA RESORT AND SPA MASTER PLAN was adopted in connection with the prior project/ plan; the project has no new significant environmental effect not analyzed as significant in the prior Mitigated Negative Declaration; -3- e. none of the circumstances requiring a Subsequent Mitigated Negative Declaration under CEQA Guidelines Sections 15162 or 15163 exist. 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 grading permit or building permit issuance, 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 Minor Master Plan Amendment and Site Development Plan. 2. Staff is authorized and directed to make, or require Developer to make, all corrections and modifications to the Minor Master Plan Amendment and Site Development Plan documents, as 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. 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 shall implement, or cause the implementation of, the LA COSTA RESORT AND SPA MASTER PLAN -GPA 03-08/ZC 03-04/MP 02-03/MP 149{S)/CT 03-01/PUD 03-06/SUP 03-03/SUP 03-06 Project Mitigation Monitoring and Reporting Program. 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 Minor Master Plan Amendment and Site Development Plan, (b) City's approval or issuance of any permit or action, whether discretionary PC RESO NO. 7315 -4- 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 Site Plan, 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 Planner, reviewed and, if found acceptable, signed by the city's project planner and project 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 6 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. 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. 11. 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. 12. 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. 13. 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 amended LA COSTA RESORT AND SPA MASTER PLAN, in addition to the required number of bound copies. 14. 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 6, 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. PC RESO NO . 7315 -5- 15. 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 and Economic Development Department and Planning. 16. 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) Minor Master Plan Amendment and Site Development Plan by Resolution No . 7315 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. 17. No outdoor storage of materials shall occur onsite unless required by the Fire Chief. When so required, the Developer shall submit and obtain approval ofthe Fire Chief and the City Planner of an Outdoor Storage Plan, and thereafter comply with the approved plan. 18. If Commercial Dwelling Units (CDU's) are not developed within Planning Area(s) 1 and/or 2 of the La Costa Resort and Spa Master Plan, and five years have elapsed from the date of approval of this Minor Master Plan Amendment and Site Development Plan, then the existing parking lot in Planning Area 1 and the gravel surface lot in Planning Area 2 shall be fully improved in compliance with all applicable city codes and standards. 19. When and if Planning Areas 1 or 2 of the La Costa Resort and Spa Master Plan are developed with CDU's, as allowed by the Master Plan, a parking structure shall be constructed within Planning Area 5. The total number of parking spaces will be evaluated in conjunction with a parking assessment at that future time. 20. Within five years of this approval, the La Costa Resort and Spa owner shall either (1) secure all necessary permits for the improvement of the surface parking lot on Planning Area(s) 1 and/or 2, or; (2) submit, process and attain a complete application for the allowed CDU's while concurrently processing plans and permits for a parking structure within Planning Area 5 to address proximity parking and adequacy for the ballroom. No extension of the five-year period is allowed unless a major Master Plan Amendment is processed and approved by the City Council, after a recommendation by Planning Commission. 21. A financial guarantee shall be provided to ensure the parking lot improvements required for Planning Area 1 and 2, after the five-year period, in the form of a bond, letter of credit, or other financial instrument to the satisfaction of the city. The financial guarantee shall be released back to the applicant at the time of completion of the Planning Area 1 and/or 2 lot improvements or until the start of construction for the CDU's on PA 1 and/or 2 as well as the start of construction for the parking structure within Planning Area 5. This financial guarantee shall be provided and satisfied prior to the issuance of building permits for the ballroom expansion within Planning Area 5. PC RESO NO. 7315 -6- 22. Parking surveys and reports shall be generated by the La Costa Resort and Spa for review by staff on an annual basis once the ballroom expansion is in operation. A Final Parking Management Plan shall be submitted and approved by the City Planner that substantially conforms to the Draft Event Parking and Noise Management Plan, prior to the issuance of a building permit. The Parking Management Plan shall address parking and traffic flow for ballroom events so that parking/traffic impacts to adjacent neighborhoods or properties is minimized. The city may require parking improvements and/or operational changes to address any adverse parking/traffic impacts to adjacent neighborhoods or properties. 23. Outdoor events within Planning Area 5 shall only occur within the approved outdoor event area. Outdoor events are limited to 7 AM -10 PM Sunday -Thursday and 7 AM -11PM Friday - Saturday. Music, amplified or otherwise, or other amplified sound shall only be permitted outside of the ballroom between the hours of 10 AM -10 PM Sunday-Thursday and 10 AM - 11 PM Friday-Saturday. 24. All non-transportation noise generated by the project shall not exceed the standards established in Table 5-3 of the Noise Element of the General Plan as measured at the perimeter boundaries of the La Costa Resort and Spa Master Plan. 25. Prior to issuance of a building permit, the exterior elevations of the ballroom expansion shall be enhanced to the satisfaction of the City Planner. Design elements shall be added or improved to reflect the design standards of Section 2.10 of the La Costa Resort and Spa Master Plan. The ballroom expansion shall blend with the existing ballroom. Exterior doors and windows shall be proportionate to the building and similar to the existing ballroom and/or surrounding buildings. 26. Prior to issuance of a grading permit, improvements to the parking area in Planning Area 2, Lot 7, shall be shown on the grading plans to the satisfaction of the City Planner. Improvements shall include pervious surface improvements, rehabilitation and ongoing maintenance of the existing asphalt parking lot, parking lot striping and maintenance, additional lighting, and a sidewalk along the east side of the parking area in accordance with Attachment 5 of the project staff report dated January 16, 2019. 27. Owner/Operator shall obtain all necessary permits for use of traffic control within the public right-of-way. Engineering: General 28. 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. 29. 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. 7315 -7- Fees/ Agreements 30. 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. 31. Developer shall cause property owner to execute and submit to the city engineer for recordation the city's standard form Drainage Hold Harmless Agreement. 32. 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 Mairitenance Agreement. Grading 33. 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. Storm Water Quality 34. 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. 35. 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 extent practicable. Developer shall pay all applicable SWPPP plan review and inspection fees per the city's latest fee schedule. 36. 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. 37. 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 BM P, and Low Impact Design (LID) facilities. PC RESO NO . 7315 -8- Dedications/Improvements 38. Developer shall cause owner to dedicate. to CMWD additional water easements as shown on the site plan. The offers shall be made by separate recorded documents. All land so offered.shall be free and clear of all liens and encumbrances and without cost to the CMWD. Additional easements may be required at final design to the satisfaction of the District Engineer. 39. Developer shall design all proposed public improvements including but not limited to water services as shown on the site plan. These improvements shall be shown on grading plans processed in conjunction with this project. Developer shall pay plan check and inspection fees using improvement valuations in accordance with the city's current fee schedule. Developer shall apply for and obtain a right-of-way permit prior to performing work in the public right-of-way. 40. Prior to any work in city right-of-way or public easements, Developer shall apply for and obtain a right-of-way permit to the satisfaction of the city engineer. 41. 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. Utilities 42. 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. 43. Prior to issuance of building permits, developer shall pay all fees, deposits, and charges for connection to public facilities. 44. 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. 45. Developer shall install potable water services and meters at locations approved by the district engineer. The locations of said services shall be reflected on public improvement plans. 46. Obtain approval from the Leucadia Wastewater District for the proposed sewer system required to serve this project including but not limited to the sewer laterals and clean-outs shown on the site plan. 47. The developer shall design and construct public potable water, recycled water, and sewer facilities substantially as shown on the site plan to the satisfaction of the district engineer arid city engineer. Code Reminders PC RESO NO. 7315 -9- The project is subject to all applicable provisions of local ordinances, including but not limited to the following: 48. Developer shall pay traffic impact impact fees based on Section 18.42 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 tentative map are for planning purposes only. 49. Prior to the issuance of a building permit, Developer shall pay a Public Facility fee as required by Council Policy No . 17. 50. Developer shall pay a landscape plancheck and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. 51. 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. 52. The project shall comply with the latest nonresidential disabled access requirements pursuant to Title 24 of the California Building Code. 53. 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. PC RESO NO . 7315 -10- PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on January 16, 2019 by the following vote, to wit: AYES: Vice Chair Anderson, Commissioners Geidner, Luna, Meenes, Merz, and Segall NOES: ABSENT: ABSTAIN: Chair Montgomery VELYN ANDERSON, Vice Chair CARLSBAD PLANNING COMMISSION ATTEST: DON NEU City Planner PC RESO NO. 7315 -11-